20091201_a


SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE SAN MATEO COUNTY PREHOSPITAL CARE MEDICAL GROUP JPA FOR COMMUNICATIONS SERVICES

THIS SECOND AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________ , 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and THE SAN MATEO COUNTY PREHOSPITAL CARE MEDICAL GROUP hereinafter called "JPA";

W I T N E S S E T H:

WHEREAS, the San Mateo County Pre-Hospital Care Medical Group hereinafter referred to as the "JPA," includes the following entities: City of Daly City, City of Pacifica, City of Brisbane, Colma Fire Protection District, City of San Bruno, City of Millbrae, City of Burlingame, City of Hillsborough, City of San Mateo, City of Foster City, South County Fire Authority, City of Redwood City, Half Moon Bay Fire Protection District, Point Montara Fire Protection District, Menlo Park Fire Protection District, and the Woodside Fire Protection District; and

WHEREAS, in 2002, COUNTY and JPA executed an agreement with the COUNTY for a time period beginning in 1999 (“the Agreement”) to provide dispatch services for agencies that provide emergency response within the geographical areas served by various fire agencies within the County; and

WHEREAS, the COUNTY and the JPA are negotiating a new agreement for said services, and in the interim, had extended by first amendment the 1999 Agreement to October 31, 2009 in anticipation of completion of the negotiation; and

WHEREAS, JPA has requested an additional extension of the 1999 Agreement to January 31, 2010;

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3 of the Agreement is hereby amended to read as follows:

3. Payment

(a) The JPA will pay County $319,000 for the first year of operation, commencing January 1, 1999, or until increases are determined pursuant to section 2(b). The amount to be paid will be in equal installments on a monthly basis. The $319,000 amount will be considered the Base Amount, which includes costs for dispatch services and Computer Aided Dispatch System administration.

(b) The amount due for future years will be determined by negotiated increases in costs of salaries and benefits of County employees performing the work hereunder. The percentage of increases will be calculated and applied to the base amount. It will be the responsibility of the County to notify the JPA of any such change as soon as it is published in written form. Every attempt to make this notification will be made to give the JPA at least three months notification prior to the increase effective date. The cost increase will not exceed that years stated Bay Area CPI. The amount payable to County may also be changed if there is a change in job responsibility of the dispatch staff or increase in the number of staff needed to effectively render service. Any increase will first be negotiated with and approved by the JPA.

(c) In consideration of the dispatch services provided by the COUNTY to the JPA for the months of January 1 2009 through October 31, 2009 under this agreement pursuant to section 4 (amended), the JPA will pay COUNTY the base rate amount of $361,271 per each quarter (every three months) in which this agreement remains in effect, which shall be payable within 30 days after the COUNTY’s invoice is delivered to JPA.

(d) In consideration of the dispatch services provided by the COUNTY to the JPA for the months of November and December of 2009 and January of 2010 under this agreement pursuant to section 4 (as amended herein), for that three month period the JPA will pay COUNTY a total base rate amount of $361,020, which shall be payable within 30 days after the COUNTY’s invoice is delivered to JPA. In the event the parties execute a new agreement prior to January 31, 2010, which, in accordance with section 4 (amended), will result in the automatic termination of this agreement, payment of the above-referenced total base rate amount will be prorated in accordance with the date on which this agreement is automatically terminated. In the event that it is agreed that an increase to the above base amount were to be applied during this term of this extension, the costs will be retroactively paid upon approval of the fully executed agreement.

2. Section 4 of the Agreement is amended to read as follows:

4. Term.

The optimal length of this contract is 10 years. The primary term of this Agreement shall be from January 1, 1999 through December 31, 2004, although the Parties did not formally approve this Agreement until the date written above. There are two – two year extensions of this contract, after the expiration of the primary term. The JPA shall have the option to extend this Agreement twice. The JPA must notify the County of its intent to exercise its first option to extend the term of the Agreement from January 2005 through December 31, 2006. Notification of this first extension shall be made no later than January 2004. In addition to this extension, the JPA may exercise its option for another two-year extension no later than January 2006 to extend the Agreement through December 31, 2008. Either party can terminate the Agreement by 360 days written notice of the intended date of termination. To be terminated, notification must take place in the month of January.

In the event a new agreement for the COUNTY to provide dispatch services to the JPA is not executed by the parties prior to December 31, 2008, the term of this agreement is extended until the earlier of: (1) January 31, 2010, or (2) the date that a new agreement is fully executed. This agreement shall automatically terminate without any further action by the parties on the date that a new agreement for dispatch services is executed by the COUNTY and the JPA.

3. All other terms and conditions of the Agreement dated 2002 shall remain in full force and effect.



IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

		COUNTY OF SAN MATEO


		By:
		President, Board of Supervisors,


		Date:

ATTEST:


By:
Clerk of Said Board





THE SAN MATEO COUNTY PREHOSPITAL CARE MEDICAL GROUP JPA


Date:

L:\CLIENT\P_DEPTS\Pub Safety Communications\Amendment to agreement with JPA.doc