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HomeMy WebLinkAboutAgreement - County of Santa Clara - Third Amendment Between the County of Santa Clara and The City of Gilroy For EMD - Signed 2025-07-01Third Amendment to Agreement between County of Santa Clara and City of Gilroy Page 1 of 2 THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY FOR EMERGENCY MEDICAL DISPATCH AND TECHNICAL SERVICES This is the Third Amendment to the Agreement (“Agreement”) by and between the County of Santa Clara (“COUNTY”) and the City of Gilroy (“CITY”) originally entered into on July 1, 2021, for the provision of Emergency Medical Dispatch and technical services to the CITY. This Agreement is hereby amended as follows, effective July 1, 2025: 1.Article 3.1(a) regarding the Term of Agreement, is revised to read: (a)This Agreement is effective for five (5) years, from July 1, 2021, until June 30, 2026, unless terminated earlier in accordance with Section 3.2. 2.Article 3.1(b) regarding the Term of Agreement is hereby deleted in its entirety. 3.Article 6.15 regarding the Levine Act Compliance, is revised to read: CITY will comply and will ensure that its agents (as that term is defined under 2 Cal. Code Regs. § 18438.3(a)) and its subcontractors (“Subcontractors”) comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving a contract to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $500 that the party or their agent has made within the prior 12 months, and (2) prohibit a party to a proceeding involving a contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $500 to any County officer during the proceeding and for 12 months following the final decision in the proceeding. CITY agrees to submit disclosures required to be made under the Levine Act at the Office of the Clerk of the Board of Supervisors website at http://www.sccgov.org/levineact, and CITY shall require Subcontractors to do the same. If this Agreement is to be considered or voted upon by the County’s Board of Supervisors, CITY shall complete the Levine Act Contractor Form: Identification of Subcontractors and Agents, and if applicable, shall ensure that any Subcontractor completes the Levine Act Subcontractor Form: Identification of Agents, and CITY must submit all such forms to the County as a prerequisite to execution of the Agreement. 4.Replace Exhibit C, EMD Compensation for Services, with revised Exhibit C-1, attached hereto and incorporated herein by this reference. All other provisions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement, the First Amendment, or Second Amendment, and this Third Amendment, this Third Amendment controls. The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter. Docusign Envelope ID: 8250EA23-3DAB-4085-B12C-C69CD238A2B4Docusign Envelope ID: 11815E10-DA05-496B-ADDE-F9C7F46F5DB6 Approved: 08/12/2025 Exhibit C-1 - Third Amendment to Agreement between County of Santa Clara and City of Gilroy Page 1 of 2 EXHIBIT C-1 EMD COMPENSATION FOR SERVICES Emergency Medical Dispatching (EMD) Cost and Billing Methodology 1.The total COUNTY costs for providing dispatching services are allocated to four service areas (law enforcement, medical, fire and local government), based on the most recent three- year average number of events. In the month of March, the annual cost for the upcoming fiscal year (FY) will be estimated using the process described in this cost methodology. 2.Following is the computation for estimated costs for dispatching services to be provided by COUNTY to the CITY in FY 2025-2026: a.COUNTY will classify costs as follows: i.Direct Costs: salaries, benefits, and supplies related to Dispatch line staff. ii.Operations Indirect Costs: costs associated with Dispatch management staff. iii.Department Indirect Costs: costs associated with executive management and administrative support staff. iv.County Indirect Costs: costs associated with County Administration. b.COUNTY allocates salaries and benefits, other operating expenses, and indirect County overhead as follows: c.COUNTY allocates all costs to four service areas based on the number of events, averaged over the most recent three fiscal years, for services provided in each service area. Service Area # of Events % of Total Support Total Cost Law Enforcement 146,730 40.7% $ 16,550,943 Medical 177,607 49.2% $ 20,003,943 Fire 28,605 7.9% $ 3,190,137 Local Government 7,705 2.1% $ 878,654 Total Dispatch 360,647 100.0% $ 40,623,677 i.Salaries & Benefits Direct $ 20,499,280 Operations Indirect $ 2,769,076 Department Indirect $ 2,483,270 ii.Other Operating Expenses (Supplies, county radio infrastructure maintenance, etc.) Direct $ 7,757,229 Operations Indirect $ 718,757 Department Indirect $ 904,350 Indirect County Overhead $ 5,491,713 iii.Total Dispatch Cost $ 40,623,677 Docusign Envelope ID: 8250EA23-3DAB-4085-B12C-C69CD238A2B4Docusign Envelope ID: 11815E10-DA05-496B-ADDE-F9C7F46F5DB6 Exhibit C-1 - Third Amendment to Agreement between County of Santa Clara and City of Gilroy Page 2 of 2 d.COUNTY allocates EMD medical costs to agencies/departments based on the number of events, averaged over the most recent three fiscal years (FY2022-FY2024) for services provided. Remove County Overhead and General Admin for cities covered by Government Code 51350. Medical Agency # of Events % of Medical Support Operating Cost County Overhead Total Medical Area Cost Gilroy EMD 3,491 2.0% $340,039 $53,116 $ 393,155 Cost Adjustment/ Reduction (32,788) ($53,116) ($85,904) Gilroy Cost $307,251 $307,251 Contract reduction (206,373) Gilroy Adjusted Cost $100,878 All Other Agencies 174,116 98.0% $16,961,334 $2,649,454 $19,610,788 Total Medical 177,607 100.0% $17,301,373 $2,702,570 $20,003,943 e.FY 2025-2026 the CITY’s adjusted estimate is based on 5% of total medical cost based on the CITY’s average number of EMD events. A contract reduction is added to this Cost Compensation exhibit to reduce the actual cost. Beginning with fiscal year 2026-2027 the COUNTY will phase in cost increases in increments of 2.5% of medical cost for the following fiscal years of the agreement. For example: CITY EMD Cost Percent $ 100,878 5% $ 170,148 7.5% FY 26-27 Estimate During the fiscal year, COUNTY shall bill the CITY for EMD dispatching services quarterly based on the estimated cost. The COUNTY shall notify the CITY of any adjustment prior to billing the CITY’s final fourth quarterly installment. Billing questions may be directed by email to Accounts Payable at Accounts.Payable@911.sccgov.org. 4. In the first quarter of the following fiscal year, actual costs will be computed using the methodology used for cost estimates and update using the previous year’s event count. Any difference in an increase or decrease cost adjustment will not exceed 5% above or below the previously billed amount. Docusign Envelope ID: 8250EA23-3DAB-4085-B12C-C69CD238A2B4Docusign Envelope ID: 11815E10-DA05-496B-ADDE-F9C7F46F5DB6 3.