HomeMy WebLinkAbout05/06/2025 07.N. Resolution authorizing a dispatch communications contract between the City of Yakima and the City of Toppenish allowing SunComm to provide dispatching services to the Toppenish Police Department `y s ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.N.
For Meeting of: May 6, 2025
ITEM TITLE: Resolution authorizing a dispatch communications contract between
the City of Yakima and the City of Toppenish allowing SunComm to
provide dispatching services to the Toppenish Police Department
(General Fund Revenue)
SUBMITTED BY: Erica McNamara, Public Safety Communications Manager
SUMMARY EXPLANATION:
The Toppenish Police Department (TPD)would like SunComm to provide their dispatching services.
This would improve public safety as the 911 center would also be the agency dispatching for TPD.
Additionally, this would generate revenue for SunComm.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_Toppenish Police Dept_dispatch communications svcs.docx
Agreement_ILA City of Yakima Dispatch Services and Toppenish Resolution 2025-26
168
RESOLUTION NO. R-2025-
A RESOLUTION authorizing the City Manager to execute a Dispatch Communications
Services Contract between the City of Yakima and City of Toppenish Police
Department.
WHEREAS, the City of Yakima presently provides 911 services to the City of Toppenish
Police Department, hereinafter known as "Department"; and
WHEREAS, the City of Yakima and the Department wish to improve public safety through
the consolidation of dispatch services; and
WHEREAS, the City of Yakima and the Department desire to enter into the Dispatch
Communications Service Interlocal contract for the period beginning June 1, 2025 and expiring
December 31, 2027; and
WHEREAS, the City Council deems it to be in the best interest of the City to renew the
Dispatch Communications Services Contract and to authorize the execution of the attached and
incorporated Dispatch Communications Services Contracts, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with ABC Inc., attached hereto and incorporated herein by this reference, not to exceed Fifty
Thousand Dollars ($50,000) to provide the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 6th day of May, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
1
169
RESOLUTION 2025-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TOPPENISH, WASHINGTON, APPROVING THE INTERLOCAL
AGREEMENT FOR DISPATCH SERVICES BETWEEN THE CITY OF
YAKIMA (COY) AND THE CITY OF TOPPENISH PUBLIC SAFETY
DIVISION OF POLICE AND FIRE
WHEREAS,the City of Toppenish Public Safety Division of Police and Fire(TPD)desires
to partner with the City of Yakima through the SunComm 9-1-1 Communications Center for
dispatch services, and
WHEREAS, the City of Toppenish Public Safety Division of Police and Fire has
determined that it will enhance the safety of the Toppenish community, officers, and firefighters
and provide a savings to the City,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TOPPENISH, WASHINGTON AS FOLLOWS:
The Interlocal Agreement between the City of Yakima, SunComm 9-1-1 Commuications
Center and the City of Toppenish Public Safety Division of Police and Fire relating to dispatch
services, is approved and the City Manager is authorized and directed to execute said agreement
on behalf of the City of Toppenish, in care of the Toppenish Public Safety Division of Police and
Fire.
This Resolution shall be effective immediately upon passage and signatures hereto.
PASSED by the Toppenish City Council at its regular meeting held on the 28th day of
April, 2025.
ELPIDIA SAAVEDRA, Mayor
ATTEST:
HEIDI RIOJAS, CM ity Clerk
APPROV D AS ORM:
DANIEL B. HE , City Attorney
170
INTERLOCAL AGREEMENT FOR DISPATCH SERVICES
THIS INTERLOCALAGREEMENT FOR DISPATCH COMMUNICATIONS SERVICES,(hereafter
the "Agreement" or ILA) is made and entered into pursuant to the Interlocal Cooperation Act
(Chapter 39.34 RCW) by and between the City of Yakima (hereinafter "Yakima")and the City of
Toppenish/Toppenish Police Department, (hereinafter referred to individually as"Public Agency").
WITNESSETH
WHEREAS,Yakima provides dispatching services to public agencies for the purpose of providing
public safety dispatch services. Such public safety dispatch services include, but are not limited
to, radio and telephony dispatch, alarms, emergency calls, and coordination of Mutual Aid
Agreements (MAAs).
WHEREAS,Yakima and the Public Agency desire to enter into an Agreement for public safety
dispatch services to the Public Agency upon the terms and conditions set forth herein.
NOW, THEREFORE,in consideration of the mutual covenants, promises, and agreements set
• forth herein, it is agreed by and between Yakima and the Public Agency as follows:
1. SunComm 9-1-1 Communications Center. Yakima shall operate and manage a central
facility to be known as the"SunComm 9-1-1 Communications Center" located within the City
of Union Gap, and shall use the same for the purpose of receiving public safety calls
resulting from 911 or public safety agencies from the respective areas served by the parties
hereto, and shall dispatch Law, Fire, and EMS as appropriate in answer to any such public
safety emergency calls and for the purpose of receiving and transmitting mutual aid calls
and for other related business.
2. Authority of Dispatch Center and Administration. It is agreed that the duty of operating
SunComm and the complete management thereof is vested in Yakima, and that Yakima
shall have the full, complete,and exclusive authority to operate and manage SunComm.
3. Expense of Maintenance and Operation. The expense of continued maintenance and
operation of SunComm, including the expense of maintenance of Yakima public safety
communications equipment necessary for dispatch located within SunComm shall be the
responsibility of Yakima and managed by Yakima. Revenues generated from the Cost of
Service provisions set forth in Section 6 below may be used by Yakima to defray such
expenses of maintenance and operation and for any other lawful purpose as determined
appropriate by Yakima.
4. Expense of Professional Installation Services. Public Agency shall be responsible for
the cost of professional installation services required to provide the network path between
Yakima and Public Agency. The quote for services is attached as Exhibit A. The cost of
professional installation services will be included on the first invoice from Yakima to Public
Agency.
5. Term of Contract. This Contract is for a term of two (2) years and seven (7) months
commencing June 1, 2025 and terminating at midnight on December 31, 2028.
SunComm Dispatch Service Contract—Interlocal Agreement 1
171
In the event that the method of response to alarm calls is significantly altered, such
as tiered emergency medical response,the parties agree that this agreement shall be
opened to reconsider the Cost of Service formula set forth in Section 6 below to
address the new conditions of dispatching alarm calls.
6. Cost of Service. Yakima shall maintain a record of each Public Agency's alarm calls and
each Public Agency shall be assessed a fee for service by Yakima for each dispatch/incident
or traffic stop as stated herein. The contract shall be increased effective January 1 of each
year for the contract term. To accommodate each Public Agency's budget cycle,Yakima
shall provide in writing, by August of each year governed by this contract,Yakima's cost for
dispatch services for the next budget year. The base cost per dispatched call for the Fiscal
Year 25 shall be the cost per dispatch retrieved from the CAD Managerial Information
System (MIS) from the preceding calendar year. For the first eight (8) months of this
Agreement,the cost of service based on the YR2024 calls shall be$19.39 per CAD recorded
incident and$6.25 per CAD record traffic stop.
The cost per CAD dispatch for FY2026 through FY2028 shall be calculated using the
following method.
A. Traffic Stops based on CAD records shall be based on the following method starting
January, 1 2026. The increase shall be 3%annually.
B. Incidents based on CAD records shall be based on the following method beginning
January 1, 2026. The increase shall be calculated by adding the previous contract
amount per dispatch, plus the IAFF PERS Collective Bargaining Agreement (CBA)
wage increase rate plus (+) the annual average data from the Bureau of Labor
Statistics between the months of June-May of the Customer Price Index (CPI)for All
Urban Consumer(CPI-U)and Consumer Price Index (CPI-U)-West Region.
C. A maximum rate of 3%based on the CBA and a maximum CPI average rate of 3.5%,
a minimum rate increase shall be the rate of the CBA wage plus (+)2%.
A rate of$1.75 shall be charged per CAD incident in addition to the dispatch operating cost
for the purpose of equipment replacement and sustainabiiity. SunComm shall report each
year during the budget process the fund balance and expenditures of these funds related to
dispatch equipment.
7. Payment for Dispatched Calls. The Public Agency shall be billed quarterly of each fiscal
year for dispatch services for that ensuing calendar year. The Public Agency shall pay each
year's billing for dispatch services within ninety (90)days after billing by Yakima. Payment
shall be made to Yakima City Treasurer, 129 North 2nd Street, Yakima,Washington 98901.
8. Definition of a Dispatched Call.A call to be charged for under the terms of this Agreement
is defined as follows:
SunComm Dispatch Service Contract -lnterlocal Agreement 2
172
A. A dispatched call is defined as: a call requiring the dispatch of equipment from
any of the user agencies. Any number of vehicles from the responsible user
agency may answer any such alarm call. All communications dealing with such
alarm call shall be deemed as one (1)alarm call.
B. Mutual Aid. In the event an individual Public Agency requests mutual aid, it shall
pay for each additional alarm call it requests.
C. EMS services shall only be billed on those calls resulting in a dispatch received
through 911 that support Fire and Law agencies dispatched by SunComm.
9. Early Termination of Contract. Either party hereto may terminate this Agreement, with or
without cause, by providing sixty (60)days written notice of termination to the other party to
this Contract. In the event of early termination, Yakima shall remit and pay to the
withdrawing party the unearned portion of the annual payment for cost of service paid by
the withdrawing Public Agency for that calendar year.
10. Liability of Yakima. Yakima shall not be liable to the Public Agency, its elected officials,
officers,employees, and agents for failure to provide, or delays in providing,services herein,
if due to any cause beyond the City of Yakima's control, such as, but not limited to, power
outage, fire, water, energy shortages,failure of its communications or computer hardware
or operating system,natural disaster,or inability to provide or continue to provide the agreed
upon services due to a court ruling or other legal action adverse to the City of Yakima or this
Agreement.
11. INDEMNIFICATION/PROMISE NOT TO SUE.
A. The Public Agency agrees to hold harmless, indemnify, protect, and defend
Yakima,its elected officials, officers,employees, and agents from and against any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including
attorneys' fees and disbursements) that result from or arise out of the sole
negligence or intentionally wrongful acts or omissions of the Public Agency, its
elected officials, officers, employees, and agents in connection with or incidental
to the performance or non-performance of this Agreement.
B. Yakima agrees to hold harmless, indemnify, protect, and defend the Public
Agency,its elected officials,officers,employees, and agents from and against any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and
other proceedings and all judgments, awards, costs and expenses (including
attorneys' fees and disbursements) that result from or arise out of the sole
negligence or intentionally wrongful acts or omissions of Yakima, its elected
officials, officers, employees, and agents in connection with or incidental to the
performance or non-performance of this Agreement.
C. In the event that Yakima and the Public Agency are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable
attomey's fees).
SunComm Dispatch Service Contract—Interlocal Agreement 3
173
D. Nothing contained in this Section or this Contract shall be construed to create a
liability or right of indemnification in any third party.
12. Nondiscrimination Provision. During the performance of this Agreement, no party shall
discriminate on the basis of race,age, color, sex,sexual orientation, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory, mental or physical
handicap. This provision shall include but not be limited to the following: Employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay
or other forms of compensation, and selection for training.
13. Insurance. During the term of the Agreement, Yakima shall maintain in force at its own
expense,the insurance noted below:
General Liability insurance on an occurrence basis,with limits of not less than$2,000,000
each occurrence, $2,000,000 aggregate for bodily injury and property damage. It shall
include contractual liability coverage for the indemnity provided under this Agreement. It
shall provide that Public Agency, its officers and employees are additional insureds but
only with respectto Yakima's(SunComm's)services to be provided under this Agreement.
Professional Liability Insurance with a combined single limit of not less than $2,000,000
each claim, incident, or occurrence.This is to cover damages caused by the error, omission,
or negligent acts related to the professional services to be provided under this Agreement.
The coverage must remain in effect for two years after the Agreement is completed.There
shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s)without thirty (30) days written notice from YAKIMA or its insurer(s)
to the PUBLIC AGENCY.
14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part to any other person or entity without the prior
written consent of Yakima. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of the Public
Agency stated herein.
15. SEVERABILITY
A. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the party's rights and obligations shall be
construed and enforced as if theAgreement did not contain the particular provision
held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict and shall be deemed
modified to conform to such statutory provision.
16. Integration. This written document constitutes the entire agreement between Yakima and
the Public Agency. There are no other oral or written agreements between the parties as to
the subjects covered herein. No changes or additions to this Agreement shall be valid or
SunComm Dispatch Service Contract -lntertocal Agreement 4
174
binding upon either party unless such change or addition be in writing and executed by all
parties.
17. REPRESENTATIONS & WARRANTIES
A. Each agency, by signing this Agreement, acknowledges that it has not been
induced to enter into this Agreement by any representation or statements,oral or
written, not expressly contained herein or expressly incorporated by reference.
B. The City of Yakima makes no representations, warranties,or guaranties, express
or implied, other than the express representations, warranties, and guaranties
contained in this Agreement.
18. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County Washington.
20. Signature. It is agreed that this Agreement may be signed by the Public Agency and City
separately and the signatures of the User Agency and City need not be placed on a single
document. The person executing this Agreement on behalf of the User Agency and City
represent and warrant that he or she has been fully authorized by the governing body of the
User Agency or City to execute this Agreement on its behalf and to legally bind the User
Agency and City to all the terms, performances and provisions of this Agreement.
A copy of this Agreement shall be recorded with the Yakima County Auditor or otherwise
posted online as authorized pursuant to Chapter 39.34 RCW.
IN WITNESS WHEREOF,the parties have set their hands and seals.
CITY OF YAKIMA CITY OF TOPPENIS
By: Victoria Baker, City Manager By: Dan Ford, City Manager
APPROVES AS TO FORM APPRO D AS T RM
By: , City Attorney By: iel B. Heid, City A me
ATTEST: ATTEST:
SunComm Dispatch Service Contract —Interlocal Agreement 5
175
cf\kc0 (0, (AA
Rosalinda Ibarra, City Clerk Heidi Riojas, Ci C‘I;16
DATED: DATED:
SunComm Dispatch Service Contract —Interlocal Agreement 6
176