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PSC agenda packet 12-1-16 Council Public Safety Committee 2nd Floor Conference Room City Hall December 1, 2016 3:00 p.m. Members: Staff: Others: Councilmember Coffey City Manager Cliff Moore Councilmember D. Gutierrez Police Chief Dominic Rizzi Councilmember Lover (alternate) Fire Chief Bob Stewart Councilmember Mendez City Prosecutor Cynthia Martinez Brad Coughenour Scott Schafer Revised Agenda Approval of November 3, 2016 minutes New Business  Domestic Violence presentations – Cynthia Martinez/Brooke Goosman  Private ambulance dispatch fees and ordinance – Brad Coughenour Old Business  Response to November 3 inquiry of intersection collisions for previous 2 year - Sheffield  YPAL contract discussion – Helen Harvey/Ed Shoenbach/Joe Willis Other Business Information items  3rd quarter People for People report  October YPAL report Adjournment Council Public Safety Committee November 3, 2016 MINUTES Members: Staff: Councilmember Carmen Mendez (chair) City Manager Cliff Moore Councilmember Kathy Coffey Chief Dominic Rizzi, Police Councilmember Dulce Gutierrez Chief Bob Stewart, Fire Joe Caruso, Code Administration Scott Schafer, Public Works Cynthia Martinez, Prosecutor Helen Harvey, Legal Sara Watkins, Legal Joe Rosenlund, Public Works Brett Sheffield, Engineering Ken Wilkinson, Parks & Recreation Terri Croft, Police The meeting was called to order at 1:30 p.m.  Narcan Stewart provided a report on the increase in prescription opioid overdoses. Narcan, a drug that can counteract the effects of an opioid overdose, was previously only available as an IV, and thus could only be administered by someone with a paramedic certification. However, there is now a Narcan formula that can be administered nasally which allows anyone with an EMT-B certification to administer the medication. All firefighters have an EMT-B certification, which allows for Narcan to be carried on all fire apparatus. Implementation will begin in January 2017. There is minimal training required and no contraindications for administering the medication in a non-opioid overdose. The committee inquired if the medication could be kept within temperature specifications on the fire apparatus, which Stewart advised it could. They also inquired if the police officers would be carrying Narcan. Rizzi advised they would not at this time. Because the fire and ambulance services have the medication, the police department has not been put in a position where officers were the first responders who would need to administer the medication. Due to the cost of the medication and the inability to guarantee it stays in the temperature specifications in the take home vehicles, police officers will not carry it at this time. This policy will be reviewed if there in an increase in overdoses. Rizzi further advised that his discussions with the DEA task force sergeant indicates that the region is continuing to see a larger problem with methamphetamine than with fentanyl. Coffey inquired if the issue should be forwarded to the full council. Mendez advised it did not need to go to the full council at this time, however the committee would continue to monitor the issue.  Crime Statistics report Rizzi provided the committee with a crime statistics report. Over the past 30 years, there has been an overall decrease in crime, with periodic anomalies such as 2015 where there is a small spike. Crime has continued to decrease in 2016 and it is expected the downward trend will continue in 2017. Rizzi also explained the two main types of crime reporting: Uniformed Crime Report (UCR), which only counts the highest crime committed in an incident, and National Incident Based Reporting System (NIBRS), which counts all crime associated in an incident. Mendez noted that there was no breakout line for Washington state crime statistics. Brown indicated that the crime trends statewide have been consistent with what we have experienced in Yakima. Rizzi discussed domestic violence rates. He noted that domestic violence is not isolated to any demographic. The data does not indicate if domestic violence is being reported at a higher level or if it is occurring at high levels, but the domestic violence rates are a disturbing trend. He recommended promoting non-violence in households. Mendez requested that representatives from the YWCA and any other domestic violence service providers be invited to the next meeting to be included in the discussion of how to address domestic violence. Gutierrez also requested that Legal staff bring information from other cities of policies and options they have implemented to combat domestic violence. Goosman discussed the YWCA victim advocate services. Moore advised some communities are trying aggression replacement therapy for juveniles.  Proposed Update to YMC 11.10 Neighborhood Conservation/10.05 Fire Debris Watkins presented proposed revisions to the neighborhood conservation ordinance, which has not been comprehensively updated since 2001. The purpose of the revision is to improve how liens are imposed on properties. YMC 10.05 lacks enforcement languages. Watkins advised this could be address on the council’s time table. The current ordinance is workable until this item can be placed on the council’s full agenda. It was MOVED by Gutierrez and SECONDED by Coffey to forward to the full council. Motion PASSED unanimously. Moore inquired if there was an abatement fund, which Caruso advised there was.  Proposed Update to YMC 6.45.015 Disclosing Intimate Images Goosman advised the proposed revision to the municipal code to adopt the RCW regarding disclosing intimate images without consent of the subject of the image. It was MOVED by Gutierrez and SECONDED by Coffey to move the issue on to the full council. Motion PASSED unanimously.  YPAL Contract Deliverables The issue of proposed YPAL contract deliverables was opened for discussion to determine the issue the committee members wanted to prioritize for the upcoming YPAL contract. The agreement presented had “housekeeping” changes made but no changes or additions had been made to the contract deliverables. After some discussion, it was decided that the issue should be discussed at a separate meeting. Some of the items for future discussion would be: space within the Washington Fruit Community Center for additional organizations; providing classes in parenting, classes for senior citizens, gang diversion, domestic violence programs, etc.; increasing the operating hours of the center; finding partners and contributors. The goal of the contract would be to make the WFCC a center for the entire neighborhood and to make YPAL sustainable by establishing partnerships with other providers. Additional information for the discussion that would be helpful would be the portfolio of services provided by the SECC, OJJDP programs, and information on the student population of the surrounding schools. A special meeting will be scheduled as soon as possible for this discussion. Old Business  Update on options for 3 intersections with highest collisions Sheffield provided an updated report on options to address the intersections at 16th Avenue/Chestnut, 40th Avenue/Chestnut, and Lincoln/Custer. The recommendation for 16th/Chestnut and 40th/Chestnut would be to install median curbing to make the intersections right in/right out only. The cost would be $17,500 per intersection. The recommendation for Lincoln/Custer is to restripe the Lincoln from 4 lanes to 3 lanes and include bike lanes. The cost for restriping would be $75,000, as the current striping must be ground down and the roadway resurfaced. It was MOVED by Gutierrez to send the item to the full council for discussion of how to fund the project. The motion died for lack of a second. Coffey inquired what type of accidents were occurring at these intersections. Sheffield advised they were fairly damaging with about half experiencing some injury. Mendez requested information on accidents for the past 1-2 years to further prioritize and determine funding.  Approval of minutes It was MOVED by Gutierrez and SECONDED by Coffey to approve the minutes of September 29, 2016 as presented. Motion PASSED unanimously. Good of the order: Mendez inquired why Wilson Middle School was listed as a priority school for YPAL. Shoenbach advised he would have to discuss with YPAL staff how that determination was made. It was MOVED by Coffey and SECONDED by Gutierrez to adjourn to the December 1, 2016 meeting. Motion PASSED unanimously. Approved: CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 98901 (509)575-6030 Fax: (509)575-6160 M E M O R A N D U M November 22, 2016 TO: Carmen Mendez, Public Safety Committee Chair Dulce Gutiérrez, Public Safety Committee Kathy Coffey, Public Safety Committee FROM: Cynthia Martinez, Senior Assistant City Attorney SUBJECT: Domestic Violence Washington State law defines domestic violence (DV) offenses as virtually any criminal act committed by one "family or household member" against another. Family or household member is a term of art that includes former and present dating relationships, child in common relationships, and roommates. RCW 10.99.020 (3) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren. Yakima Police Response: The City of Yakima does have a higher incident of response calls for Domestic Violence than other similarly sized jurisdictions around the state. In 2015, Federal Way had 865 Domestic Violence incidents and Renton 542 to Yakima’s 1,993. While Domestic violence is found in all socio-economic groups, like any other crime, poverty does play a role. Crimes of Domestic Violence are investigated by the YPD Special Assault Unit with specialized training in Domestic Violence and sexual assault. The City of Yakima Police Department recently completed training on the County Wide Domestic Violence Protocol. The DV Protocol is a uniform County wide approach to domestic violence investigations which was adopted by every law enforcement Memorandum to Public Safety Committee November 23, 2016 Page 2 jurisdiction in Yakima County. The protocol is not much different from the former YPD investigation method. There is a new form packet (see attached) designed to elicit the information needed for the officer to prepare a lethality assessment. The lethality assessment will be used to assess the future risk to the victim and will be used by the Courts, Prosecutor and DV Service Providers. City of Yakima Prosecution of DV crimes: The City of Yakima Prosecution Division handles all misdemeanor and gross misdemeanor Domestic Violence crimes. Which are typically Assault, Harassment, Malicious Mischief and Violation of Protective order crimes. In 2015 we filed 1,412 domestic violence crimes and January through October of this year we have filed 1,280. This constitutes about 44% percent of our total caseload. Although it is a priority, the prosecutors do not receive as much training in Domestic Violence as they should. Unfortunately, there are no training opportunities for Domestic Violence on this side of the state which means travel costs on top of registration fees to receive training. Our charging deputy evaluates cases for initial viability. This year we have declined about 249 cases or roughly 20%. This is an acceptable rate of declinations. We do see a fair amount of repeat offenders. Domestic violence cases are the most time intensive cases the prosecutors handle because the stakes are high for the defendant. A Domestic violence conviction can severely limit job opportunities, affect immigration status, affect child custody rights and eliminate gun ownership rights. The Prosecutors attempt to contact every alleged victim of domestic violence at the earliest stage of the case. We are only limited by no telephone numbers or disconnected telephone numbers. We send letters to the alleged victims after the initial court appearance advising them of what happened in court, informing them of future court dates and providing a copy of the No Contact Order issued by the Judge. Our office schedules weekly meetings with alleged victims who request to meet with the prosecutor. The City of Yakima receives an advocacy grant that we pass through to the Yakima YWCA for services. A Yakima YWCA advocate is also present at our meetings with alleged victims to provide outreach and educate about services that are available. We have had women go straight from the meeting to the shelter. The YWCA advocates also offers to attend the trial with an alleged victim. The prosecutor’s settlement offers typically include jail and treatment. We do not recommend alternative jail sanctions for crimes of Domestic violence. For low level offenders we do offer stipulated Order of Continuances, which is a more involved diversion in which the defendants stipulate to the facts and waive their rights to a jury Memorandum to Public Safety Committee November 23, 2016 Page 3 trial and speedy trial in exchange for an opportunity to have their case dismissed after completion of conditions. We do request that defendants complete a Domestic Violence Perpetrator Treatment Program, however the program is very expensive and unlike alcohol and drug treatment, it is not covered by insurance. The year-long DV Perpetrators treatment program runs about $1,400. As a result, very few defendants complete DV Perpetrator Treatment. Studies have shown that the program does reduce incidents of future Domestic Violence. Another issue is that half the time alcohol and drug abuse are also indicated by the perpetrator and domestic violence treatment providers prefer that defendants take care of those treatment issues first. The Court must also consider a defendant’s ability to pay for treatment when considering sentencing recommendations. Our prosecution efforts are often frustrated by uncooperative victims. In the past, prosecutors would proceed without the cooperation of the victim by using excited utterance statements at trial. However, the Crawford line of cases have greatly narrowed the use of excited utterances. Now excited utterances are basically the initial statements made by a victim to get immediate help and relief. Once an officer starts asking questions, the statements are no longer excited utterances. We are currently exploring ways to use information gathered during the new DV protocol procedure to prosecute cases without the cooperation of the victim. Yakima County Prosecutor Approach: The Yakima County Prosecutor handles juvenile and felony domestic violence allegations. Any City felony level Domestic Violence charges that are declined are often referred to the City Prosecution Unit for charging decisions. The Special Assault Unit handles the felony level prosecutions and work closely with the Special Assault Detectives. Domestic Violence is an aggravator in felony cases which means, depending on the facts proven, the available jail time can be increased. Yakima County also has Victim Witness Unit and investigators to locate and communicate with victims regarding the status of the case and services available to the victim. The Municipal Court: The Municipal Court has additional powers and tools in domestic violence cases. They can issue a No Contact Order and order the defendant to surrender weapons. Our court does issue No Contact Orders in most Domestic Violence cases at the defendant’s initial court appearance. The Prosecutor will not recommend that an Order be cancelled unless they have talked personally with the victim and they wish the Order to be cancelled and the Prosecutor feels that canceling the Order will not put the victim in danger. Memorandum to Public Safety Committee November 23, 2016 Page 4 Other approaches: In other cities around the state and country, there are police units dedicated to responding to Domestic Violence calls, Domestic Violence Prosecution Units to handle Domestic Violence cases, in-house Domestic Violence advocates, and/or Domestic Violence Courts. Each of these approaches ensures that a highly trained officer, prosecutor and/or Judge is interacting with the parties. See attached exhibits. I formerly worked for the City of Tacoma that had both a Domestic Violence police unit and a Domestic Violence prosecution unit with in house DV Victim Advocates. DV advocates were essential for that office at least at that time because the caseload was so high that prosecutors had no time to work their cases. The DV Advocates were able to establish a rapport with the victims in some of the cases and did help with cooperation level in some respects. However, overall, we experience many of the same challenges with victim cooperation in the City of Yakima that I experienced in the City of Tacoma. Legislative Options: Washington State has occupied the field on Domestic Violence laws and the maximum sentencing associated with crimes that are often associated with Domestic Violence. Which means only the State can set maximum penalties, but cities are not foreclosed from setting a minimum sentence structure for Domestic Violence crimes. The City of Yakima has adopted all state codes concerning domestic violence. Some cities have criminalized other acts that arise in the domestic violence situations. (see attached) The City of Federal Way adopted crimes for committing a Domestic Violence crime in front of a child and a misdemeanor level strangulation crime (the state has a felony counterpart). I am not recommending either of these measures at this time. Education, Awareness and Prevention Campaigns: The City of Yakima relies on the campaigns and efforts of the YWCA. They will be at the meeting to talk about these efforts. Randy Beehler indicates that he is not aware of any such campaign spots appearing on YPAC, but he says the City may be able to participate in a future campaign. PRIVATE AMBULANCE DISPATCH FEES  AND ORDINANCE PROPOSAL HISTORYCurrently, SunComm charges each public safety fire and police department that receives dispatch support through SunComm a fee for each incident that is dispatched.A Public Safety response to an incident involves one or more of the four agencies:Law, Fire, Ambulance (Emergency Medical Services (EMS), and Dispatch/9‐1‐1The City of Yakima and Yakima County rely on private ambulance service to fulfill the EMS portion of responses determined by the response plan.  Identified ProblemTwo private ambulance services (ALS and AMR) operate in the City of Yakima and rely on SunComm to provide their operations the necessary triage information pertaining to EMS calls. Without this information from SunComm neither company would have the ability to receive the call or ability to provide service and, therefore, collect revenue. The cost for SunComm to maintain personnel, hardware, and software is only offset by E911 Excise Tax , General Fund, and Dispatch Fees. Proposed SolutionDevelop an ordinance that creates a provision attached the company's annual business license to contract with SunComm. The contract would outline the conditions and fees for services that are associated with EMS calls for service. Fee proposal is based on six (6) specific EMS type of incidents, based on similar staff time used in supporting traffic stopswith Union Gap Police Department, and the six (6) EMS type incidents that is used to determine the EMS tax revenuewithin the county. SunComm’s Current Service to AMR/ALS9‐1‐1 CALLCALLNEAREST AMBULANCETRIAGE CALLTranslationRESPONSEID Type (Nature)Updates Calland Response AgencyUNITS ARRIVEFIREDISPATCHER TONESCall‐Taker remains on line with callerCB1 Slide 4CB1 1)The call comes in to 9-1-1 or alarm linesa.The call taker triages the call and determines the response needed by policyb.The dispatcher sets off fire tones if needed for the appropriate fire apparatusc.While calling (ringing down) to the closest ambulanced.The dispatcher then gives the initial dispatch over the radioe.And gives the short report to the ambulance dispatcher over the phone (there may be additional questions from ambulance dispatch)f.When the fire apparatus calls enroute, the dispatcher gives the short report over the radiog.This all happens simultaneously so the call taker can ask the necessary questions to assist the patientsas well as keep the fire and ambulance crews safe2)Variances in this usual work flow occur a few times a daya.The address may change after the initial dispatch and ring downb.The circumstances of the scene may change as far as crew safety (law enforcement added to the call)c.The call itself may be outside the ambulance companies radio range(the ambulance unit would be updated by our dispatch on county main)Coughenour, Brad, 11/18/2016 INCIDENTS TYPESIncidents are identified as “NATURE CODES” which identifies the type of incident the person is reporting.There are 60 individual “NATURE CODES,” the contract would use six (6) of these to base EMS service.•Emergency Medical Response Medic: EMR Medic•Emergency Medical Response Red: EMR Red•Emergency Medical Response Yellow: EMR Yellow•Emergency Medical Response Medical Alarm: EMR Med Alarm •Accident Injury•Accident Unknown** NOTE: these same six Nature Codes that are used to determine the EMS Tax revenue that is distributed throughout the county.**  PUBLIC vs PRIVATE DISPATCHAmbulance•Current: No Cost•Proposed $5.78•Phone/CAD•Monitor AVLFire•$51.82•Radio/ Station Alert•Monitor AVLPD/Traffic Stop•$14.00/ Incident•$5.71/ Traffic Stop•Radio•Monitor AVL 2017 (T) Annual RevenueCPI AVG(P) 2017 Dispatch BudgetCity OP Cost2016201620171,613,501.00% BasedAgencyCost Per Call1.2500% Cost Per Call 2015 CallsCall Volumne Percentage TotalHLFD #1$51.18 $0.64 $51.82 313 0.22%16,219.58 $3,535.46SEFD #2$51.18 $0.64 $51.82 1370 0.96%70,993.06 $15,474.68NAFD #3$51.18 $0.64 $51.82 247 0.17%12,799.48 $2,789.96EVFD #4$51.18 $0.64 $51.82 1143 0.80%59,229.97 $12,910.63GLFD #6$51.18 $0.64 $51.82 330 0.23%17,100.52 $3,727.48NHFD #9$51.18 $0.64 $51.82 81 0.06%4,197.40 $914.93WVFD #12$51.18 $0.64 $51.82 660 0.46%34,201.04 $7,454.96NIFD #14$51.18 $0.64 $51.82 168 0.12%8,705.72 $1,897.63Fire REVTotal223,446.76 $48,705.71ALS$5.71 $0.07 $5.78 7929 5.55%45,840.52 $89,561.13AMR$5.71 $0.07 $5.78 4419 3.09%25,547.90 $49,914.32Total71,388.42UGPD$14.006577 4.60%92,078.00 $74,289.77UGPD/Traffic$5.711549 1.08%8,844.79 $17,496.56100,922.79 $91,786.32Forecasted Revenue395,757.97 $140,492.04Diffence 1,217,743.03 $1,473,008.96COY Comparison YFFD$51.18 $0.649127467119.86YKPD$14.00867051,213,870.00YKPD/TS$5.7124158137,942.181,818,932.042017 REVEUE PROJECTIONCB2CB3 Slide 7CB2 ALS Total Calls 2015 = 13,309; charable calls = 7,929Coughenour, Brad, 11/21/2016CB3 AMR Total Calls 2015= 5104; charable calls 4,419Coughenour, Brad, 11/21/2016 Cost of Service vs. Revenue•Basis Transport [Basic Life Support(BLS)]•$290.00 ‐ $340.00•Advance Transport [Advance Life Support (ALS)]•$900.00 ‐ $1100.00•$5.78 represents = 1.9% of $290.00 (BLS)•$5.78 represents = .06% of $900.00 (ALS)•Information received from AMR billing office Portland, OR. Fees are based on area of service.  PSAP OR CITYAMBLANCE SERVICE DISPATCHED HOW DISPATCHED BILLEDCOMMENTSKITSAPBOTHYESTONESYESBilled on toned calls, all other calls the agency monitor radio traffic(THURSTON) TECOMM BOTHYES (PRIVATE) BLS AUTO, MANUAL ALS YES(3) 1 PUBLIC, 2 PRIVATERIVERCOMBOTHYESRADIO/CELL PAGE YESCHELAN AND DOUGLAS CO. PRIVATE COMPANIES ARE BILLED FOR 25% OF THEIR TOAL CALLSGrant (MACC)BOTHYESRADIO/PAGE/ACTIVE911 YESPENCOMM BOTHYESPAGESNOBoard is considering changePACIFICBOTHYES (PUBLIC)YES (PUBLIC)Calls are transferred to private companies, no processing.CLARKBOTHYESRADIOYES1 Private that serves the largest portion/ 2 public cad Interface w private they finish dispatchWAHKIAKUMBOTHYESRADIO/PHONE AMR No/ PublicPublic Volunteer/ AMR‐ALS determined by protocalLEWISPRIVATEYESYESAMR $12.50 PER CALL/Renegotiating contract 2017JEFFCOMPUBLICYES/NOMONITOR RADIO YESNo justification of not charging private servicesKITTITASPUBLICYESRADIOYESGARFIELDPUBLICYESAdamsPUBLICYESRADIOYESInternal to Sheriff's OfficePEND O'REILLEBOTHYESDIGITAL PAGE NOReviewing fee policy 2017SKAMMANIAPUBLICYESRADIOYESWhitcomPUBLICYESRADIO, Page, Active 911 YESAMBULANCE SERVICE BY COUNTY BILLING AND OPERATIONS ACTIONS•February 2016 notified AMR/ASLS of proposal•Developed proposed contract with City Legal June 2016•Additional discussion with AMR July 2016, ALS not present•Discussed issue with E911 Admin and Operational Board; Aug 2016•Sent proposed contracts to AMR/ALS September 2016, No response•AMR introduce discussion with EMS Board•Discussed proposal with County EMS Medical Program Director•Discussed proposal with City of Yakima, City Manager SUMMARYSunComm is requesting the City of Yakima Public Safety Committee adopt Amended Ordinance Section 5.96.040of the City of Yakima Municipal Code: Application for ambulance service license. Secondly, SunComm recommendsthe committee adopt the Private Provider Dispatch Services Agreement.  SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 1 of 9 INTERLOCAL DISPATCH SERVICES AGREEMENT THIS DISPATCH COMMUNICATIONS SERVICES AGREEMENT, (hereafter the “Agreement”) is made and entered into by and between the City of Yakima (hereinafter “Yakima”) and the City of ______________________ and Yakima County Fire Protection District No.____, and ______________ (hereinafter referred to individually as “Public Agency” or collectively as “Public Agencies”). WITNESSETH WHEREAS, pursuant to previous agreements, Yakima has provided dispatching services to the 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, the City, and the Public Agencies, and each of them, desire to enter into a new Agreement for the continuation of such services upon the terms and conditions set forth herein. NOW, THEREFORE, pursuant to Chapter 39.34 RCW and in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and the Public Agencies 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, a nd 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 all of 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 SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 2 of 9 mutual aid calls among the various parties hereto and for other related business. 2. Authority of Dispatch Center and Administration. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima, and that Yakima shall have the full, complete, and exclusive authority to operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office, all in accordance with applicable E911 Administrative and Operational Board By-laws and applicable laws, rules and procedures. This Agreement shall be administered by Yakima in accordance with applicable law, rules and procedures, and applicable by-laws of the E911 Administrative and Operational Board. 3. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the Public Agencies, shall be the responsibility of Yakima and managed by Yakima. Revenues generated from the Cost of Service provisions set forth in Section 5 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. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2017 and terminating at midnight on December 31, 2019. SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 3 of 9 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 5 below to address the new conditions of dispatching alarm calls. 5. 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 call as stated herein. The base cost per dispatched call for the contract period shall be the cost per dispatch retrieved from the CAD Managerial Information System (MIS) for the proceeding calendar year. For the first year of this Agreement, the cost of service based on the YRXXXX calls shall be $__________ per dispatch. The cost per dispatch for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term. The increase shall be calculated by adding the previous contract amount per dispatch, plus the average of the CPI and CPI-W. In addition, the E911 board and or the city can request an additional fee approved through a meeting of the user agencies to increase the cost per dispatch based on needs of SunComm. Seventy-five percent of the collective Public Agencies must be present at the meeting and the increase will be approved through a simple majority vote. The following equation will be used to calculate the annual per dispatch fee. Contract Year 2016 ($00.00+ (CPI+CPI-W)/2= annual increase. (Board approved expenditures will be divided equally between user agencies and added on to the annual cost) To accommodate each Public Agency’s budget cycle, Yakima shall provide in writing, by August of each year governed by this contract, SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 4 of 9 Yakima’s cost for dispatch services for the next budget year. The numbers will be based on the previous year’s dispatched calls handled by Yakima for each Public Agency, multiplied by the contract year increase times the number of dispatched call. The following equation will be used to determine each user agencies annual service cost: Annual Contract Rate x Dispatched Calls= Annual Cost 6. Payment for Dispatched Calls. Each Public Agency shall be billed in January of each year for dispatch services for that ensuing calendar year. Each of 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. 7. Definition of a Dispatched Call. A call to be charged for under the terms of this Agreement is defined as follows: 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. 8. Early Termination of Contract. Any party hereto may terminate this Agreement, with or without cause, by providing sixty (60) days written notice of termination to each of the parties to this Contract. The Contract shall remain in full force and effect with regard to all SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 5 of 9 remaining parties who have not exercised early contract termination pursuant to this clause. 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. 9. Liability of Yakima. Yakima shall not be liable to any 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. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. Each 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 Agencies, their 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 SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 6 of 9 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 Agencies, or any of them, 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). D. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. 11. 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. 8. No Insurance – Independent Contractors. It is understood Yakima does not maintain liability insurance for the Public Agencies and/or their elected officials, officers, employees, agents or volunteers. The parties agree, understand and warrant that each party is an independent contractor, and nothing in this Agreement shall be construed to create any relationship of employment, partnership, association or joint venture other than that of independent contractors. Each party shall have sole responsibility for the management and compensation of its employees, agents, officers and volunteers, and shall never maintain or represent that such persons are employees, agents, officers and/or volunteers of the other party. SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 7 of 9 9. 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. 10. SEVERABILITY 1. 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 parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 2. 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. 11. Integration. This written document constitutes the entire agreement between Yakima and the Public Agencies. 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 binding upon either party unless such change or addition be in writing and executed by all parties. 12. REPRESENTATIONS & WARRANTIES 1. Each Public 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. SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 8 of 9 2. 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. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 14. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County Washington. 15. Signature. It is agreed that this Agreement may be signed by each Public Agency, District and City separately and the signatures of all User Agencies, Districts and Cities need not be placed on a single document. The person executing this Agreement on behalf of the User Agency, District or City represents and warrants that he or she has been fully authorized by the governing body of the User Agency, District or City to execute this Agreement on its behalf and to legally bind the User Agencies, Districts and Cities 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 YAKIMA COUNTY FIRE DISTRICT NO. By: By: SunComm Dispatch Service Contract – Interlocal Agreement \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree INTERLOCAL SunComm Dispatch Contract Draft Clean BDC 081016.docx 11/22/2016 9 of 9 City Manager Chair, Fire Commissioners ATTEST: ATTEST: City Clerk Secretary/Treasurer DATED: DATED: __________________________ _________________________ SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 1 of 8 Private Provider DISPATCH SERVICES AGREEMENT THIS DISPATCH COMMUNICATIONS SERVICES AGREEMENT, (hereafter the “Agreement”) is made and entered into by and between the City of Yakima (hereinafter “Yakima”) and __________________________ (hereinafter referred to as the “User Agency”). WITNESSETH WHEREAS, pursuant to previous agreements, Yakima has provided dispatching services to municipal and quasi-municipal corporations (“public agencies”), including cities and fire protection districts, 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 User Agency desire to enter into an Agreement for provision of public safety dispatch services upon the terms and conditions set forth herein, which terms and conditions substantially conform to the terms and conditions of agreements for such services by and between Yakima and such public agencies. NOW, THEREFORE, pursuant to, and in consideration of, the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Yakima and the User 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, a nd 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 public agencies for which Yakima provides public safety dispatch services, 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 among the various parties hereto and for other related business. SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 2 of 8 2. Authority of Dispatch Center and Administration. It is agreed that the duty of operating the SunComm 9-1-1 Communications Center and the complete management thereof is vested in Yakima, and that Yakima shall have the full, complete, and exclusive authority to operate and manage such SunComm 9-1-1 Communications Center, including, but not limited to, the authority to hire and fire employees for such office, all in accordance with applicable E911 Administrative and Operational Board By-laws and applicable laws, rules and procedures. This Agreement shall be administered by Yakima in accordance with applicable law, rules and procedures, and applicable by-laws of the E911 Administrative and Operational Board. 3. Expense of Maintenance and Operation. The expense of continued maintenance and operation of the SunComm 9-1-1 Communications Center, including the expense of building maintenance, operation, maintenance, and purchase of 911 customer premise equipment (CPE), telephone lines terminating at the SunComm 9-1-1 Communications Center, and including the maintenance of public safety communications equipment located within the SunComm 9-1-1 Communications Center belonging to the public agencies served by Yakima, shall be the responsibility of Yakima and managed by Yakima. Revenues generated from the Cost of Service provisions set forth in Section 5 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. Term of Contract. This Contract is for a term of two (2) calendar years commencing January 1, 2017 and terminating at midnight on December 31, 2019. 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 SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 3 of 8 to reconsider the Cost of Service formula set forth in Section 5 below to address the new conditions of dispatching alarm calls. 5. Cost of Service. Yakima shall maintain a record of the User Agency’s alarm calls and the User Agency shall be charged by Yakima for each call as provided herein. The base cost per dispatched call for the contract period shall be the cost per dispatch retrieved from the CAD Managerial Information System (MIS) for the preceding calendar year. For the first year of this Agreement, the cost of service based on the YRXXXX calls shall be $__________ per dispatch. The cost per dispatch for each subsequent year of the contract shall be increased effective January 1 of each year for the contract term. The increase shall be calculated by adding the previous contract amount per dispatch, plus the average of the CPI and CPI-W. In addition, Yakima may implement at any time an additional fee approved by the E911 Board to increase the cost per dispatch based on needs of SunComm. The following equation will be used to calculate the annual per dispatch fee. Contract Year 2016 ($00.00+ (CPI+CPI-W)/2= annual increase. (Board approved expenditures will be divided equally between user agencies and added on to the annual cost) To accommodate the User 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 numbers will be based on the previous year’s dispatched calls handled by Yakima for the User Agency, multiplied by the contract year increase times the number of dispatched calls. The following equation will be used to determine the User Agencies annual service cost: SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 4 of 8 Annual Contract Rate x Dispatched Calls= Annual Cost 6. Payment for Dispatched Calls. The User Agency shall be billed in January of each year for dispatch services during that calendar year. The User Agency shall pay for 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. 7. Definition of a Dispatched Call. A call to be charged for under the terms of this Contract is defined as follows: A. A dispatched call is defined as: a call requiring the dispatch of equipment from the User Agency. Any number of vehicles from the responding User Agency may answer any such alarm call. All communications dealing with such alarm call shall be deemed as one (1) alarm call. B. 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. B.C. The following dispatch nature codes will be used in determining the annual changes for service: EMR Medic, EMR Red, EMR Yellow, Accident Injury, EMR Med Alarm, and Accident Unknown. 8. 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 Agreement. 9. Liability of Yakima. Yakima shall not be liable to the User Agency, its 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 Formatted: Font: 14 pt Formatted: Left, Indent: Left: 0.5", No bullets or numbering, Tab stops: Not at 1.06" + 2" SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 5 of 8 to provide the agreed upon services due to a court ruling or other legal action adverse to the City of Yakima or this Contract. 10. INDEMNIFICATION/PROMISE NOT TO SUE. A. The User 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 User Agency, its 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 User Agency, its 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 the officials, officers, agents, and/or employees of both Yakima and the User 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). D. Nothing contained in this Section or this Contract shall be construed to create a liability or right of indemnification in any third party. SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 6 of 8 11. Nondiscrimination Provision. During the performance of this Agreement, neither 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. 12. No Insurance – Independent Contractors. It is understood Yakima does not maintain liability insurance for the User Agency and/or its employees. The parties agree, understand and warrant that each party is an independent contractor, and nothing in this Agreement shall be construed to create any relationship of employment, partnership, association or joint venture other than that of independent contractors. Each party shall have sole responsibility for the management and compensation of its employees, agents, officers and volunteers, and shall never maintain or represent that such persons are employees, agents, officers and/or volunteers of the other party. 13. 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 the User Agency stated herein. 14. SEVERABILITY 1. 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 parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 7 of 8 2. 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. 15. Integration. This written document constitutes the entire agreement between Yakima and the User 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 binding upon either party unless such change or addition be in writing and executed by both parties. 16. REPRESENTATIONS & WARRANTIES 1. Each User 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. 2. 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. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County Washington. 19. Signature. The person executing this Agreement on behalf of the User Agency represents and warrants that he or she has been fully authorized by the governing body of the User Agency to execute this Agreement on its behalf and to legally bind the User Agency to all the terms, obligations and provisions of this Agreement. SunComm Dispatch Service Agreement – Private Provider \\Pd2k6\Users\tcroft\A-C\Council Public Safety Committee\2016\12-1-16\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx\\pd2k6\shared\CommDiv\Manager\Contracts\Dispatch Contracts\New Contract 2016\Agree PRIVATE PROVIDERS SunComm Dispatch Contract Clean 081016.docx 8 of 8 IN WITNESS WHEREOF, the parties have set their hands and seals. CITY OF YAKIMA ____________________________________ By: By: City Manager ATTEST: ATTEST: City Clerk Secretary/Treasurer DATED: DATED: __________________________ _________________________ ORDINANCE NO. 2016-____ AN ORDINANCE concerning ambulance services, requiring that ambulance service providers maintain a contract for emergency dispatch services with the City in order to obtain and maintain compliance with 5.96 YMC; and amending section 5.96.040 YMC. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.96.040 of the City of Yakima Municipal Code is amended to read as follows: 5.96.040 Application for ambulance service license. An initial application and any subsequent renewal application for an ambulance service license shall be filed with the fire chief and shall be made on forms provided by the department and shall contain the following information and documents: (a) Name, address and telephone number of the applicant. (b) Business name under which the ambulance service shall operate within the city. (c) The number of ambulances to be initially placed in service within the city. (d) The number of licensed ambulance attendants initially to be employed. (e) A roster of all ambulances to be used in the city with proof that each ambulance is currently licensed as an ambulance by the state of Washington. (f) A roster of all certified EMT ambulance attendants with proof that each attendant is currently certified as an EMT by the state of Washington, including certification expiration date. (g) A roster of all certified EMT-paramedic ambulance attendants with proof that each attendant is currently certified as an EMT-paramedic by the state of Washington, including certification expiration date. (h) Proof that ambulances and personnel are verified trauma providers as provided in WAC Chapter 246-976 as now or hereafter amended. (i) A schedule of rates as required by Section 5.96.140 of this chapter. (j) Proof of insurance as required by Section 5.96.110 of this chapter. (k) Current Dispatch Services Agreement with the City for 911 Dispatch Services, establishing terms of payment and cost of dispatch services. Prior to the issuance of the ambulance service license, the application and all necessary records, Dispatch Services Agreement and identified documents shall be reviewed and all equipment proposed for use shall be inspected by the fire chief, who shall determine whether said records, Dispatch Services Agreement, identified documents, and equipment conform to the requirements of this chapter, and any rules or regulations referenced herein or issued hereunder. Upon approval of the application, the fire chief shall issue an ambulance service license to the applicant. (Ord. 97-71 § 1 (part), 1997). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of ,2016. ATTEST: Kathy Coffey, Mayor City Clerk Publication Date: Effective Date: Formatted: Tab stops: 0.31", Left ALS AMR ALS AMR2016 2016 2015 2015YakimaFEE BASED ACCIDENT INJURY 342 187 318 224ACCIDENT UNKNOW 269 133 1 111EMR ALARM MED 331 89 1 101EMR MEDIC 3786 1631 3842 1838EMR RED 2781 1516 3047 1769EMR YELLOW 41 8 45 12Total 7550 3564 7254 4055NO-FEEACCIDENT HITRUN 0 0 1 1ACCIDENT NO INJ 6 2 246 0AGENCY ASSIST 0 0 1 0AIRCRAFT INCIDE 0 0 2 0CITIZEN ASSIST 1 0 1 0DUI 1 1 395 0EMR AMB 152 20 133 0EMR IFT 41 0 45 0FIRE AIR HEAVY 1 0 0 0FIRE AIR LIGHT 3 0 1 0FIRE APPLIANCE 11 1 6 3FIRE AUTO ALM 1 2 0 1 1FIRE AUTO ALM 2 1 0 0 0FIRE BRUSH GRAS 3 0 9 4FIRE ELECTRICAL 7 3 9 4FIRE EWR 6 3 3 2FIRE HAZMAT 4 3 1 3FIRE INVEST 1 0 0 0FIRE OTHER 4 2 6 1FIRE POWER PROB 1 0 0 0FIRE SRVC CALL 6 1 13 1FIRE STRUC COMM 10 5 8 9FIRE STRUCTURE 104 57 121 61FIRE VEHICLE 10 1 6 2HOMICIDE 1 0 0 0JUVENILE PROBM 0 1 1 0MAL MISCHIEF 1 0 0 0MISSING PERSON 0 0 1 0OVERDOSE 1 0 2 0 SUSPICIOUS CIRC 1 1 0 0TRAFFIC HAZARD 1 0 0 1TRAFFIC OFFENSE 1 0 0 0UNWANTED GUEST 1 0 0 0Total 382 101 1012 93CowicheFEE BASEDACCIDENT INJURY 3 0 4 2ACCIDENT UNKNOW 2 0 3 1EMR ALARM MED 0 0 0 0EMR MEDIC 24 2 0 7EMR RED 10 3 19 4EMR YELLOW 0 0 0 0Total 39 5 26 14NO-FEEEMR IFT 11 0FIRE BRUSH GRAS 0 0 2 0FIRE STRUCTURE 2 1 0 0Total 13 1 2 0MoxeeFEE BASEDACCIDENT INJURY 8 10 12 11ACCIDENT UNKNOW 10 3 4 9EMR ALARM MED 4 2 5 9EMR MEDIC 24 82 99 57EMR RED 53 22 58 33EMR YELLOW 5 2 8 5Total 104 121 186 124NO-FEEEMR AMB 0 0 0 1EMR NURSE 0 0 1 0EMR IFT 3 0 11 0FIRE STRUCTURE 4 2 6 0FIRE VEHICLE 1 0 0 0Total 8 2 18 1NachesFEE BASED ACCIDENT INJURY 32 5 24 12ACCIDENT UNKNOW 22 3 19 5EMR ALARM MED 9 4 4 6EMR RED 73 8 68 24EMR YELLOW 5 0 4 0EMR MEDIC 140 25 126 0Total 281 45 245 47NO-FEEEMR IFT 10 0 19 0EMR AMB 4 0 5 2FIRE AUTO ALM 2 2 0 0 0FIRE BRUSH GRAS 1 0 2 3FIRE EWR 3 0 1 0FIRE VEHICLE 0 0 1 0FIRE STRUCTURE 5 0 0 1Total 25 0 28 6SelahFEE BASEDACCIDENT INJURY 18 23 29 14ACCIDENT UNKNOWN 18 13 21 11EMR ALARM MED 26 17 253 9EMR MEDIC 288 184 9 230EMR RED 141 75 6 197EMR YELLOW 15 5 35 0Total 506 317 353 461NO-FEEFIRE AUTO ALM 2 0 1 3 1FIRE BRUSH GRAS 1 0 4 0FIRE ELECTRICAL 0 2 1 0FIRE HAZMAT 0 0 2 1FIRE OTHER 2 0 1 0FIRE SRVC CALL 0 0 1 0FIRE STRUC COMM 0 0 2 1FIRE STRUCTURE 5 10 11 9Total 8 13 25 12Union GapFEE BASEDACCIDENT INJURY 18 33 12 29ACCIDENT UNKNOW 7 23 11 18EMR ALARM MED 5 17 7 24 EMR MEDIC 114 228 111 230EMR RED 85 203 80 197EMR YELLOW 0 1 3 0Total 229 505 224 498NO-FEEACCIDENT NO INJ 6 0 0 0EMR IFT 22 0 23 0FIRE STRUCTURE 3 2 6 8Total 31 2 29 8 Memorandum December 1, 2016 To: Public Safety Committee From: Scott Schafer, Public Works Director Brett Sheffield, PE, Chief Engineer Subject: Highest Non-signalized Intersection Accident Locations At the November 3rd Public Safety Committee (PSC) meeting, staff recommended the following modifications at three non-signalized intersection in the City:  Install median curbing along 40th Avenue in the vicinity of 40th Avenue and Chestnut Avenue, thereby limiting the movements at Chestnut Avenue to right in, right out only (at an estimated cost of $17,500). See Figure 1.  Install median curbing along 16th Avenue in the vicinity of 16th Avenue and Chestnut Avenue, thereby limiting the movements at Chestnut Avenue to right in, right out only (at an estimated cost of $17,500). See Figure 2.  Re-stripe Lincoln Avenue to a 3-lane roadway, with bike lanes, from Lewis Avenue to 6th Avenue in an effort to reduce the number of accidents at the intersection of Lincoln Avenue and Custer Avenue (at an estimated cost of $75,000). See Figure 3. Deputy Mayor Méndez requested that we provide the number of accidents that have occurred at these intersections within the last two years. The results are as follows:  40th Avenue and Chestnut Avenue: Within the past two years, there have been 10 accidents, with four (4) of the accidents resulting in injuries. Five (5) accidents were caused by vehicles crossing 40th Avenue; four (4) accidents were caused by vehicles turning left; and, one (1) accident was a bike being hit by a vehicle.  16th Avenue and Chestnut Avenue: Within the past two years, there have been 12 accidents, with five (5) of the accidents resulting in injuries. Nine (9) accidents were caused by vehicles crossing 16th Avenue; two (2) accidents were rear-ends; and, one (1) accident was a pedestrian being hit by a vehicle.  Lincoln Avenue and Custer Avenue: Within the past two years, there have been 15 accidents, with six (6) of the accidents resulting in injuries. Seven (7) accidents were caused by vehicles turning left; three (3) accidents were caused by vehicles crossing Lincoln Avenue; two (2) accidents were rear-ends; and one (1) accident was a pedestrian being hit by a vehicle. Figure 1: 40th Avenue and Chestnut Avenue Figure 2: 16th Avenue and Chestnut Avenue Figure 3: Lincoln Avenue and Custer Avenue