FD Dispatch Services; First Amendment (missing COM signature)FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
This First Amendment ("First Amendment") to Agreement, dated as of / 2 2 20v2- ,
is by and between the COUNTY OF MARIN (Tax I.D. Number 94-6000519f, a political
subdivision of the State of California (hereinafter referred to as "COUNTY") acting by and
through its Sheriff's Office and the CITY OF SAN RAFAEL for its Fire Department (hereinafter
referred to as "AGENCY").
RECITALS
WHEREAS, COUNTY and AGENCY entered into that certain Agreement, dated February 28,
2012 for COUNTY to provide normal and customary services related to the performance of
public safety communications dispatching services, including, but not limited to emergency and
routine calls for service, telephone answering services, radio communications, and computer data
entry related to said services ("Agreement"); and
WHEREAS the COUNTY is required by policy to recover costs for providing services to other
local government agencies; and
WHEREAS, in the judgment of the COUNTY and AGENCY, it is necessary and desirable to
amend the Agreement to extend the term to June 30, 2022, and for additional compensation for
these services.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Section IV. A. of Exhibit A of the Agreement concerning Other General Provisions is
hereby deleted and replaced with the following language:
A. This agreement shall commence on the date of initial contract execution, the term
of which shall continue through June 30, 2022. No later than November 1, 2021,
representatives of COUNTY and AGENCY shall meet to decide whether to renew this,
or a modified agreement to allow this agreement to terminate on June 30, 2022.
Should COUNTY and AGENCY agree to renew or modify this agreement, the
term of the new contract shall commence July 1, 2022, and end June 30, 2023.
Thereafter, the agreement will automatically renew for a one (1) year period each and
every year, unless terminated by COUNTY or AGENCY, as described below.
COUNTY, AGENCY, and all other CONSORTIUM agencies shall have the right
to terminate this agreement, by giving written notice of that intent to the other parties in
the manner stated in Section IV(I) no later than December 30 of each calendar year. Once
the required notice of intent to terminate has been provided to all parties, the agreement,
along with all rights and obligations attached thereto, shall terminate effective June 30 the
following calendar year. However, the parties' obligations to indemnify pursuant to this
Agreement, as specified in Section J, below, shall survive the termination of this
Agreement.
Page 1 of 6
Notification by AGENCY or by any other CONSORTIUM agency of its intent to
terminate this agreement shall result in a re -negotiation of the cost sharing formulas
established by COUNTY and agreed to by AGENCY within thirty (30) calendar days of
the written notice of intent to terminate being provided to all of the parties. The revised
cost sharing formula will account for the loss of revenue heretofore collected by
COUNTY from the terminating agencies and shall spread that cost between the
remaining agencies on a prorated basis. The total amount of revenue collected shall
continue to equal the full cost to COUNTY for providing the number of full time
equivalent (FTE) employees and any additional administrative fees agreed to in this
contract. At the conclusion of that re -negotiation, the remaining CONSORTIUM
agencies may elect to renew the agreement, subject to the terms described above, or
terminate the agreement, termination of which shall occur on the same date as the
termination of the agency giving notice of intent to terminate in accordance with the
immediately preceding paragraph. On the date of termination, the COUNTY shall
immediately cease rendering the services required by this Agreement, and the following
shall apply:
1. AGENCY shall pay COUNTY at the termination of the Agreement any
and all bills outstanding for the services rendered by COUNTY to the date of termination
pursuant to this Agreement. COUNTY shall furnish to AGENCIES such financial
information as, in the judgment of the AGENCY, is necessary to determine the amount
due for the services rendered by COUNTY. The foregoing is cumulative and does not
affect any right or remedy which AGENCY or COUNTY may have in law or equity.
2. COUNTY may terminate its services under this Agreement upon one
hundred and eighty (180) calendar days written notice to the AGENCY, without liability
for damages, if COUNTY is not compensated according to the provisions of the
Agreement or upon any other material breach of the Agreement by AGENCY, provided
that COUNTY has first provided AGENCY with a written notice of any alleged breach,
specifying the nature of the alleged breach and providing not less than twenty (20)
working days within which time AGENCY may cure the alleged breach.
3. AGENCY may terminate its services under this Agreement upon one
hundred and eighty (180) calendar days advance written notice to COUNTY, upon any
material breach of the Agreement by COUNTY, provided that AGENCY has first
provided COUNTY with a written notice of any alleged breach, specifying the nature of
the alleged breach and providing not less than twenty (20) working days within which
time the COUNTY may cure the alleged breach.
2. Section IV. 1. of Exhibit A of the Agreement concerning Other General Provisions is
hereby deleted and replaced with the following language:
1. All notices and demands of any kind which either party may require or
desire to serve on the other in connection with this Agreement must be served in writing
either by personal service or by registered or certified mail, return receipt requested, and
shall be deposited in the United States Mail with postage thereon fully prepaid, and
addressed to the party to be served as follows:
Page 2 of 6
If to COUNTY:
Board of Supervisors, County of Marin
Civic Center, Room 315
3501 Civic Center Drive
San Rafael, CA 94903
and to:
Sheriff, County of Marin
1600 Los Gamos Dr., Ste 200
San Rafael, CA 94903
If to AGENCY:
Darin White, Fire Chief
San Rafael Fire Department
1375 Fifth Avenue
San Rafael, CA 94901
and to:
Jim Schutz, City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Each party shall provide the other with telephone and written notice of any change of address
as soon as practicable. Notices given by personal delivery shall be effective immediately.
3. Section IV. K. of Exhibit A of the Agreement concerning Other General Provisions is
hereby deleted and replaced with the following language:
K. RESPONSIBLE PARTIES
A. County of Marin
Name Rank
Function Oflic
Fax
Email
Robert T. Doyle Sheriff
Department head 499-7250
507-4126
S_doyle@marinsheriff.org
Jamie Scardina Undersheriff
Assistant dept. head 499-7249
507-4126
J seardinagmarinsheriff.org
Scott Harrington Captain
Bureau Commander 499-7469
507-4126
S hanington@marinsheriff.org
Heather Costello Communications
Manager
Division Manager 473-2304
499-3636
H_costello@marinsheriff.org
B. San Rafael Fire Department
Name
Rank Function
Telephone
Fax
Email
Darin White
Fire Chief Department head
485-3308
453-1627
Darin.white@cityofsanrafael.org
Page 3 of 6
4. Section B of Exhibit B of the Agreement concerning Determination of Cost of Services is
hereby deleted and replaced with the following language:
B. Determination of Cost of Services.
I. COUNTY provides several types of services to local government agencies,
including emergency telephone answering and dispatching services, as well as
providing local agencies with access to the CAD system for use by those agencies
personnel.
2. COUNTY owns, operates and maintains a Computer Aided Dispatch (CAD)
system for use by agencies directly dispatched by MARIN COMM as well as for
use by other agencies that operate their own dispatch center. Using data from the
CAD information system (MIS), COUNTY will determine the amount of activity
handled by MARIN COMM for AGENCY within their jurisdiction for a twenty-
four (24) month period. This information is displayed in Appendix A, Section 2, in
the columns labeled "24M CAD Activity". This activity is exclusive of any
response to mutual aid request occurring outside AGENCY's jurisdictional
boundary.
3. COUNTY utilizes formulas based on CAD activity to determine the allocation of
costs for services rendered to AGENCY and others by MARIN COMM. The costs
of these services will be incorporated into the annual charge to AGENCY by
COUNTY for services described in Exhibit A. Appendix A of this Exhibit (B)
contains the fiscal year 2020-2021 formulas and costs for AGENCY and others
contracting for dispatching and/or CAD services.
4. The CAD activity data displayed in Appendix A, Section 2 in the column labeled
"24M CAD Activity" of this EXHIBIT B will be refreshed each January and will
include an accounting of all the CAD activity, as described in Section B, Paragraph
3, of this Exhibit B, for the two full calendar years preceding that calculation.
5. AGENCY will pay COUNTY for AGENCY'S percentage of the cost of the CAD
Service Maintenance Agreement, plus a five (5) percent administrative fee as
determined by the overall activity on the CAD system. Appendix A, Section 2,
Column A displays the percentage of use of the CAD system for all entities
operating from the CAD system.
6. In addition to the CAD Service Maintenance Agreement, entities contracting for
fire dispatch service will pay COUNTY for the full salary and benefit cost of twelve
(12) full-time Communications Dispatcher II employees, fifty percent cost for one
(1) Technology Support Specialist III, and one (1) full-time Assistant
Communications Manager plus a five percent (5%) administrative fee. Agency will
pay COUNTY for the twelve (12) Communications Dispatchers' contractually
mandated holidays to be paid at one and a half times the dispatchers' base rate of
pay in accordance to the dispatchers' Marin Association of Public Employees
(MAPE) memorandum of understanding (MOU).
a) Appendix A, Section 1 displays the personnel costs for FY 2020-2021
Page 4 of 6
b) Appendix A, Section 2, Column C displays the overall CAD activity for fire
departments and districts, law dispatch agencies, and identifies each
AGENCY's respective percentage of use of the full time employees
mentioned in this section, and each AGENCY's share of that cost.
C) For the city of Mill Valley, the total costs for services for the fire department
and the police department are incorporated into their annual cost for
dispatch service.
d) For the city of Sausalito, the fire department costs are included into the
separate agreement between COUNTY and the Southern Marin Fire
Protection AGENCY for the term of their contract to provide fire and EMS
service to the city of Sausalito.
7. CAD Enhancements.
a) COUNTY will coordinate improvements and enhancements to the CAD
periodically.
b) If AGENCY or others benefit from the improvement or enhancement, they
will share in the cost of these changes with other agencies that benefit by
the change. For example, an enhancement that only benefits one agency will
be paid for by that agency, but if the enhancement benefits all agencies, all
will pay their share, based on the formula in Appendix A, Section 2, Column
A.
C) Depending on how agencies are benefited by an enhancement or change in
the CAD, COUNTY may develop a special formula to pay for that particular
change, such as fire departments only, or grouping of police departments.
d) In no circumstance will COUNTY allow improvements or enhancements to
the CAD that will be paid for by AGENCY or others without the express
written consent of AGENCY'S authorized representative.
5. Appendix A of Exhibit B of the Agreement concerning Agencies Served and Cost for
Services is hereby deleted and replaced with the following language:
APPENDIX A
AGENCIES SERVED AND COST FOR SERVICES
SECTION 1— PERSONNEL
Communications Dispatcher II (12 positions; full
salary and benefits as of FY 2021-2022 )
Assistant Communications Manager (1 position; full
salary and benefits as of FY 2021-2022) 2,220,530 111,026 2,331,556
Technology Services Specialist III (1 position; full
salary and benefits as FY 2021-22)
SECTION 2 —AGENCY COSTS (Excel spreadsheet Marin CAD Activity 24M -v2.1)
Page 5 of 6
6. Except as expressly modified by this First Amendment, all of the terms and conditions of
the Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first
above written.
LUX
Title:
"COUNTY"
"AGENCY"
COUNTY OF MARIN CITY OF SAN RAFAEL
RPM
WA
Title:
JIM'SeKUTZ, City M er
By signing above, signatory warrants and represents that he/she executed this First Amendment
in his/her authorized capacity and that by his/her signature on this First Amendment, he/she or
the entity upon behalf of which he/she acted, executed this First Amendment.
APPROVED AS TO FORM:
'L,r, Robert F. Epstein, City A mey
Page 6 of 6
DRAFT FY 20M CAD Maintenance B Dispatch Services Cost
24 Months CAD
Southern Marin Police 5.6 HE
Central Mann Police 6 FTE
Fire Dispatch Service
o 21
Contract
Total Per
Agency
24M CAD
Activity
Pclg Cost
24M CAD
ActMty Pctg
Cost
24M CAD
Activity Pctg Cast
24M CAD
Activity
Pctg Cost
Cost
CAD/Dispatch 5% ADM FEE ANNUAL
Total C�
Ouanerly
inupce
Consortium
Agencies
386"
, S 214,!88
:
/ S 76011
8,886
1 51.717
S 7,1
S 3,6,4,767 $ R0. $4
Belvedere PO
12,527
3.24% $
8.904
12,527 12.52% S 103.310
0.00%
S
112,214 f
5,611 $ 117
$ 29,456.26
Central Mann
89,462 23.13% S
63.606
$
89,482 100.00% S 750 213
S
613,819 S
40,691 S 864,61
$213,62744
Mann SO
126,081
32.59% $
89,621
S
0.00%
f
09.621 S
4,481 a 94,1
$ 23,525-56
MITI Valley PO
40,297
10.42% $
28.644
40.297 4027% $ 332,328
0.00%
$
360,972 $
18,049 S 818,011 $ 94,755.26
Sausalito PO
27,164
702% $
19,302
27154 27.14% $ 223.936
0.00%
S
243240 f
12162 i 26MM
$ 63,850.52
Tiburon PO
20,087
5.19% $
14,276
20 067 2007% $ 165 657
0.00%
$
179 935 S
8,997 S 11118,WA
5 47,233.02
Central Mann FD
6,944
179% S
4-936
0
$
0.00%
6,944
10.70% S 183,777
$
188,713 $
9436 a 198,
$ 49,537.25
Nentleln FD
2,312
0.60% S
1.643
0
$
0.00%
2,312
3.56% S 61,1
$
62,832 $
3,142 $ 16,493.39
Mann County FD'
6,346
164% S
4.511
0
$
000%
0
0.66% S
$
4,511 S
226
1,194 111
Mill Valor FD
4.346
1.12% $
3,089
0
S
0.00%
4,346
6.70% S 115,020
$
118,109 S
5,905$
31,003 59
Novato FO
14.624
33M4111
10.395
0
S
000%
14,624 22.54% $ 387,034
$
397,429 S
19,871 $$104,325.00
Ross Valley FD
5.994
1.55% S
4,261
0
S
0.00%
5,994
9.24% S 156,635
$
162,1196 S
8145
42,760-12
San Ratae'�Fir
19.891
5.14% $
14,139
0
$
0.00%
19,891
30.66% S 526,428
$
540,567 S
27,028$141,898.84
Southern Mann FD
7,930
205% S
5,637
0
S
0.00%
7,930
12.22% $ 209,873
f
215,509 f
10,775
56,571.20
Tiburon FD
2,844
0.74% S
2.022
0
$
0.00%
2,844
4.38% f 75,268
S
77,290 S
3,864$
20,286Point
Reyes NPS
0.00% $
0
$
0.0096
S 7,100 f
7,100 S
355$
1,863 75
6. Except as expressly modified by this First Amendment, all of the terms and conditions of
the Agreement are and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first
above written.
LUX
Title:
"COUNTY"
"AGENCY"
COUNTY OF MARIN CITY OF SAN RAFAEL
RPM
WA
Title:
JIM'SeKUTZ, City M er
By signing above, signatory warrants and represents that he/she executed this First Amendment
in his/her authorized capacity and that by his/her signature on this First Amendment, he/she or
the entity upon behalf of which he/she acted, executed this First Amendment.
APPROVED AS TO FORM:
'L,r, Robert F. Epstein, City A mey
Page 6 of 6
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Fire
Project Manager: Darin White Extension: 3084
Contractor Name: Marin County Sheriff's Office
Contractor's Contact: Scott Harrington Contact's Email: S—Harrington@marinsheriff.org
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE DESCRIPTION
DEPARTMENT
Project Manager a. Email PINS Introductory Notice to Contractor
REVIEWER
Check/Initial
COMPLETED
DATE
1
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
4/5/2021
Attorney c/o Laraine.Gittens@cityofsanrafael.org
City Attorney a. Review, revise, and comment on draft agreement
❑
2
4/9/2021
and return to Project Manager
Click here to
❑
b. Confirm insurance requirements, create Job on
enter a date.
PINS, send PINS insurance notice to contractor
Department Director Approval of final agreement form to send to
❑
3
4/12/2021
❑
contractor
Project Manager Forward three (3) originals of final agreement to
❑
4
N/A — city
contractor for their signature
Project Manager When necessary, contractor -signed agreement
signs first
5
❑ N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
4/19/2021
Date of City Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
5/3/2021
Attorney with printed copy of this routing form
7
City Attorney Review and approve hard copy of signed
s/�/�Zl
Q �J
agreement
City Attorney Review and approve insurance in PINS, and bonds
8
S� �u
(for Public Works Contracts)
City Manager/ Mayor Agreement executed by City Council authorized
) _
9
official
L
10
City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
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