AGREEMENT BETWEEN COUNTY OF SAN MATEO AND
SAN MATEO COUNTY PREHOSPITAL CARE MEDICAL GROUP
FOR COMMUNICATIONS SERVICES
This Agreement is entered into on ________________________, 2010, between the COUNTY OF SAN MATEO, hereinafter referred to as "County" and San Mateo County Pre-Hospital Care Medical Group hereinafter referred to as the "JPA." The JPA is comprised of the following agencies : City of Daly City, City of Pacifica, City of Brisbane, Colma Fire Protection District, City of South San Francisco, City of San Bruno, City of Millbrae, City of Burlingame, Town of Hillsborough, City of San Mateo, City of Foster City, City of San Carlos, Belmont Fire Protection District, City of Redwood City, Coastside Fire Protection District, Menlo Park Fire Protection District, Woodside Fire Protection District, San Mateo County Fire, hereinafter referred to as "members”.
W I T N E S S E T H
WHEREAS, it is beneficial for County to provide dispatch communications services to the geographical areas served by various fire agencies within the County; and
WHEREAS, County is willing to provide such services to the members of the JPA ; and
WHEREAS, The JPA will designate the geographical area to which services will be provided ; and
WHEREAS, it is necessary and desirable that the parties enter into the Agreement as set forth below;
NOW, THEREFORE, IT IS HEREBY AGREED between the County and JPA as follows:
1. County Obligations
(a) In consideration of payments to be made by the JPA, the County will provide communications services as further described in “Exhibit A” to those agencies identified above belonging to the JPA, excluding South San Francisco Fire who have a separate contract with San Mateo County for dispatch services.
(b) The County may purchase replacement or additional equipment to maintain service delivery to the JPA including radio consoles, devices, terminals, replacement CAD, etc. County shall be the sole owner of such equipment.
2. JPA Obligations
(a) The JPA shall comply with the established change process when requesting changes that would require in-depth operational or technical changes. County shall not implement any proposed processes for change that would require in-depth County operational or technical changes that would affect fire/EMS dispatch without the prior written consent of the JPA.
(b) Additional equipment desired by the JPA and interfaced to the County’s Dispatch System or CAD that would enhance the existing dispatch system, that is solely for the use of the JPA operation (Records Management System, Station Alerting, etc.) shall be funded, purchased, trained on, installed, maintained and owned by the JPA, unless otherwise mutually agreed upon prior to purchase. Implementation method and timeline of such equipment will be mutually agreed upon by both parties. Software enhancements for the County CAD that would improve the service delivery (Automatic Vehicle Locators etc.) will be researched and developed by the County’s PSC Technology Committee who will further recommend feasibility, funding, and implementation.
The JPA recognizes that the County is in the process of assessing the feasibility of enhancing or replacing the existing CAD during the term of this agreement. With the above understanding in mind, and in order to facilitate the integration of new technology, the parties agree that the County shall form a PSC Technology Committee, that includes representatives from all entities that are dispatched by PSC, to develop and assist County in determining feasibility, specifications, cost and ownership for a potential CAD replacement or enhancement.
3. Payment
(a) The JPA will pay County costs detailed in the payment section below. Costs paid include the dispatch of all medical emergencies excluding those dispatched for South San Francisco Fire who has a separate contract with PSC. The County will invoice the JPA for all medical calls and provide a total amount owed by individual JPA member agencies for fire responses. The JPA will facilitate the payment for fire related dispatch service fees through a charge back to each JPA member agency excluding South San Francisco Fire.
Payments for dispatch services shall include the dispatching of JPA member agency equipment, PSC administration and supervision, and CAD maintenance.
Between February 1, 2010 and June 30, 2012 the County and the JPA agree to work collaboratively to determine the payment schedule to begin Fiscal Year 2013-14 and continue for the remainder of the contract.
(b) Payment to the County for the FY2009/10 year will reflect no increase for services. A 2.00% increase ($28,902) will be amortized over the 12 month period of FY 2010-11 increasing charges to $1,473,986. FY2011-12 cost increase will be determined by the Bay Area CPI published by ABAG in December of 2010. The County will notify the JPA in January 2011 on the cost increase.
4. Term. The primary term of this agreement shall be from February 1, 2010 through June 30, 2013 with an additional six year extension on terms mutually acceptable to the parties. Prior to June 30, 2013 the contract will be reopened for insertion of agreements reached by the JPA and PSC concerning rate structure and other contract modifications as agreed upon by both parties. Either party can terminate the agreement with 360 days written notice of the intended date of termination.
5. Notice. All notices, demands, requests, consents, approvals, waivers, or
communications ("notices") that either party desires or is required to give to the other party or any other person shall be in writing and either personally served or sent by prepaid postage, first class mail. Notices shall be addressed as appears below for each party except if either party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice.
County: County Manager
Hall of Justice and Records
400 County Center
Redwood City, CA 94063-1662
JPA:
Executive Director
1600 Floribunda Drive
Hillsborough, CA 94010
6. Conflict Resolution. The JPA and PSC will develop a dispute resolution process to be utilized should unresolved conflict arise. The language will be developed prior to 2011.
7. Relationship of Parties.
Both parties agree and understand that the work/services performed under this Agreement are
performed as an independent contractor, and that neither party’s employees acquire any of the
rights, privileges, powers, or advantages of the other party’s employees. No pension rights of
JPA or County employees will be affected by this Agreement.
8. Hold Harmless.
A. JPA shall defend, save harmless and indemnify County, its officers and employees
from any and all claims which arise out of the terms and conditions of this Agreement
and which result from the negligent acts or omissions of JPA, its officers and/or
employees.
B. County shall defend, save harmless, and indemnify JPA, its officers and employees
from any and all claims for injuries or damage to persons and/or property which arise
out of the terms and conditions of this Agreement and which result from the negligent
acts or omissions of County, its officers and/or employees.
C. In the event of concurrent negligence of County, its officers and/or employees, and
JPA, its officers and/or employees, then the liability for any and all claims for injuries or
damage to persons and/or property which arise out of terms and conditions of this
Agreement shall be apportioned according to the California theory of comparative
negligence.
D. This section shall include, without limitation, any actions, claims, suits, demands, and
liability of every name, kind, and description brought for, or on account of injuries to or
death of any person, including JPA or County, or damage to property of any kind
whatsoever and to whomsoever belonging.
E. The duty to indemnify and hold harmless as set forth herein shall include the duty to
defend as set forth in Civil Code Section 2778.
9. Assignability and Subcontracting.
Neither party may assign the benefits nor delegate the duties set forth in this Agreement.
10. Insurance.
Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to the County Manager’s Office or the Executive Director’s office, respectively, of any pending change in the limits of liability or of any cancellation or modification of the policy.
A. Worker's Compensation and Employer's Liability Insurance. Both parties shall
have in effect during the entire life of this Agreement Worker’s Compensation and
Employer's Liability Insurance, or an acceptable program of self-insurance providing
full statutory coverage. In signing this Agreement, parties certify, as required by
Section 1861 of the California Labor Code, that they are aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of the Code, and parties will comply with such
provisions before commencing the performance of the work of this Agreement.
B. Liability Insurance. JPA and County shall take out and maintain during the life of this
Agreement such Bodily Injury Liability and Property Damage Liability Insurance as
shall protect it while performing work covered by this Agreement from any and
all claims for damages for bodily injury, including accidental death, as well as any and
all claims for property damage which may arise from JPA’s and County’s operations
under this Agreement, whether such operations be by itself or by any subcontractor or by anyone directly or indirectly employed by either of them. Such
insurance shall be combined single limit bodily injury and property damage for each
occurrence and shall be not less than:
1. Comprehensive General Liability . . . . . . . . . . . . . . . $ 1,000,000
2. Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . $ 1,000,000
11. Non-Discrimination.
No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national
origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy,
childbirth or related medical condition, marital status, or political affiliation be denied any benefits
or subject to discrimination under this Agreement.
JPA and County shall ensure equal employment opportunity based on objective standards of
recruitment, classification, selection, promotion, compensation, performance evaluation, and
management relations for all employees under this Agreement. JPA’s and County’s equal
employment policies shall be made available to either party upon request.
12. Retention of Records.
Each party agrees to provide to the other party, to any federal or state department having
monitoring or reviewing authority, to County’s or JPA’s authorized representatives and/or their
appropriate audit agencies upon reasonable notice, access to and the right to examine and audit
records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.
JPA and County shall maintain and preserve all financial records relating to this Agreement for a
period of four (4) years from the termination date of this Agreement, or until audit findings are
resolved, whichever is greater.
13. Merger Clause.
This Agreement, including the Exhibit hereto constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not
expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.
14. Controlling Law.
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives have affixed their hands on the day and year in this Agreement first above written.
__________________________ ___________________________________
Richard S. Gordon, President Date
Board of Supervisors
County of San Mateo
ATTEST By:
_______________________________ ___________________________________
Clerk of the Board of Supervisors Date
ATTEST:
___________________________ _________________________________
Irene O’Connell
Chair, Board of Directors Date
San Mateo County Pre-Hospital
Emergency Medical Services Group
EXHIBIT A
COUNTY PROVISION OF SERVICES
1. Communications services are described as:
(a) The County shall provide the JPA with telephone answering, personnel notification and equipment dispatching, including automated status keeping, and associated activity reports and inquires. Dissemination of workload and deployment of personnel and the type of personnel is at the sole discretion of the County. The county shall not be responsible for answering any non-emergency, administrative phones belonging to the represented fire agencies.
(b) The County shall provide the JPA with services mentioned in Paragraph (A) above on a twenty four hour basis, three hundred sixty-five days per year.
(c) The automated geographic file of the County response areas needed for the Computer Aided Dispatch System will be maintained by the County.
(d) The County will meet or exceed minimum training standards as established by
NFPA 1061 Regulations, APCO Project 33 Standards and the National Academy of Emergency Dispatch (when applicable).
(e) The County will meet or exceed Telecommunicators skill levels to the level appropriate to their position as identified in NFPA 1061, Standard for Professional Qualifications for Public Safety Telecommunicator. Training curricula includes but not limited to Emergency Medical Dispatch updates, contemporary fire operations updates, review of basis and enhanced service delivery and specific content as requested or identified by the JPA.
(f) ROSS - The County and the JPA agree to work cooperatively to identify funding and provide ROSS training for PSC personnel prior to 2013. Until PSC implements ROSS, wildland incidents within San Mateo County which utilize out of County Strike Teams ordered through Region II will be transferred to and managed by the Felton ECC.
(g) Document and radio/telephone recording reproduction upon request to authorized members of the JPA for purposes of incident critique and de-brief, incident evaluation, statistics and performance related issues. Delivery of requested materials will be within seven to ten days from the day of request unless extenuating circumstances apply ie., large –scale, extended incident on multiple channels, etc.
(h) Reports – Prior to July 1, 2010, or on a mutually agreed upon date, the County and the Fire Chiefs Communications and Technology Committee will work cooperatively to develop, approve and implement content and/or reports related to Fire Dispatch Operations including:
(1) Dispatch Performance Measures
(2) Initial and continued training standards for PSC Fire Dispatchers
(3) Data related to inquiries made by and against dispatch personnel
(4) Data related to PSC administrative workload and project status for the Fire Service
The committee will also define the frequency and distribution methods of agreed upon reports.
2. In providing communications services, the County shall:
(a) Provide working space and facilities at the County facility for personnel and equipment described in this agreement.
(b) Provide and maintain telephone equipment to accommodate the JPA 911 and seven digit emergency telephone volume (emergency back-up hotlines).
(c) Provide general business telephone numbers that can be used for official business of the JPA to communicate directly with the fire dispatcher.
(d) Provide and maintain radio console equipment within the communications center to effect radio transmissions from the communications center to the JPA agencies on the frequencies designated by the JPA.
(e) Provide recording equipment to log and record incoming and outgoing JPA incident related radio and telephone transmissions. All radio frequencies or telephone lines used for JPA business in the communications center operation (not administrative offices) shall be recorded.
(f) Serve as a Secondary Public Safety Answering Point (SPSAP) for 911 emergency services, in accordance with the rules, policies and regulations of the State of California 911 program.
(g) Maintain a unique incident numbering system for each of the JPA agencies.
(h) CAD records available on demand back to 1998 either in CAD or by Web Inquiry by authorized CAD Users. Unauthorized users may access reports via the PSC Custodian of Records.
(i) Ensure that the existing Computer Aided Dispatch system accurately reflects the JPA operation.
(J) One year prior to the end of the agreement PSC shall provide the JPA with a plan to identify how the Communications Center proposes to come into full compliance with NFPA 1221, Standard for Installation, Performance, Operation and Maintenance of Public Emergency Systems and Facilities, specifically Chapters 4 (Communications Centers), Chapter 5 (Communications and Signal Wiring), and Chapter 6 (Emergency Response Facilities).