HomeMy WebLinkAbout12/04/2018 06F Dispatch Services Interlocal Agreement with Union GapBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
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Item No. 6.F.
For Meeting of: December 4, 2018
ITEM TITLE: Resolution authorizing an interlocal agreement with Union Gap for
dispatch services
SUBMITTED BY: Brad Coughenour, Manager, SunComm (509) 576-6340
SUMMARY EXPLANATION:
This interlocal agreement is between the City of Yakima and the Union Gap Police Department.
This agreement outlines the terms and conditions of the radio dispatch services and provides
$117,225.38 in revenue to support dispatch operations in SunComm.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
O reso
Upload Date
11/29/2018
O UGPD Dispatch tract Inter) al Agreement 11/27/2018
Type
Cover Memo
tract
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RESOLUTION NO. R -2018-
A RESOLUTION authorizing a Dispatch Communications Services Contract with City of
Union Gap Police Department, hereinafter known as "Department."
WHEREAS, the City of Yakima presently provides radio and computer automated
dispatch (CAD) to the Department through the Dispatch Communications Services Contract 2016-
2018; and
WHEREAS, the City of Yakima, and the Department wish to renew the attached interlocal
service contract for the period beginning on January 1, 2019 and ending December 31, 2020 for
the purpose of Yakima dispatching calls and traffic stops on behalf of the Department; and
WHEREAS, the City of Yakima and the Department desire to enter into the Dispatch
Communications Service Interlocal Contract for the period beginning January 1, 2019 and
expiring December 31, 2019; 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 and directed to execute the attached and incorporated
Dispatch Communications Services Contract for the term of January 1, 2019 through December
31, 2020 to provide radio and computer automated dispatch services to the City of Union Gap
Police Department.
ADOPTED BY THE CITY COUNCIL this 4th day of December, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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SunComm Dispatch Service Contract — Interlocal Agreement
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 Union Gap Police Department,
(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, 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 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
mutual aid calls among the various parties hereto and for other
related business.
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SunComm Dispatch Service Contract — Interlocal Agreement
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, 2019 and terminating at midnight on
December 31, 2020.
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.
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SunComm Dispatch Service Contract — Interlocal Agreement
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 YR2017 calls shall be
$14.92 per radio dispatch and $5.89 per traffic stop.
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 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. 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 operational or capital project 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 2019 ($00.00+ (CPI-U+CPI-U: West
Region)/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,
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:
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SunComm Dispatch Service Contract — Interlocal Agreement
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
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.
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SunComm Dispatch Service Contract — Interlocal Agreement
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
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,
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SunComm Dispatch Service Contract — Interlocal Agreement
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.
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
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SunComm Dispatch Service Contract — Interlocal Agreement
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.
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.
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SunComm Dispatch Service Contract — Interlocal Agreement
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 CITY OF UNION GAP
By: By:
City Manager City Manager
ATTEST: ATTEST:
City Clerk City Clerk
DATED: DATED:
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