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HomeMy WebLinkAboutR-2025-085 Resolution authorizing the City Manager to execute a Dispatch Communications Services Contract between the City of Yakima and City of Toppenish Police DepartmentINTERL©CAL AGREEMENT FOR DISPATCH SERVICES THIS INTERL©CAL AGREEMENT 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. 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. 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 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 sustainability. 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 — Interlocal Agreement 2 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. S. 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 attorney's fees). SunComm Dispatch Service Contract — Interlocal Agreement 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 respect to Yakima's (SunComm's) services to be provided under this Agreement. Professional Liability Insurance with a combined single limit of not Tess 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 the Agreement 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 — lnterlocal Agreement 4 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. CI 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. OF Y By: Victoria Baker, ity Manager APPROVES AS TO FORM By: Se -A wrfnvc , City Attorney ATTEST: CITY CONTRACT NO: `cL 073 '.ELUTION NO: Q7 Z-S ©ZS CITY OFT By: Ford, Cky Manager APP"• *E' AS + FORM aniet B. H-'�""'' i y Attorney ATTEST: SunComm Dispatch Service Contract — Interlocal Agreement nda lbarra; SunCoraa Dispatch Service Contract — lnterfocal Agreemen 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, Cy Clerk APPROVED AS ORM: CITY OF TOPPENISH 21 West 1st Avenue Toppenish, WA 98948 DATE: May 1, 2025 AMP CITY CI ERK TO: Rosalinda Ibarra, City Clerk s MAY 5 I.,12:O6 FROM: Heidi Riojas, City Cler SUBJECT: ILA between City of Yakima and City of Toppenish for Dispatch Services Enclosed is a copy of Resolution 2025-26 approved by the Toppenish City Council during its April 28, 2025, Regular Meeting. Also, enclosed for signature are duplicate originals of the Interlocal Agreement (ILA) for Dispatch Services for City of Yakima staff to sign and return. Please mail the City's executed ILA to my attention at 21 West First Avenue, Toppenish, WA 98948. Thank you for your cooperation. FINANCE 865-2080* ADMINISTRATION/CITY CLERK 865-6319 • DEVELOPMENT SERVICES 865-7318 FIRE 865-3111 • PUBLIC WORKS/PARKS 865-4500 • RECREATION/AQUATICS 865-5150 • POLICE 865-1629 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 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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