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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.D.
For Meeting of: December 1, 2020
ITEM TITLE: Resolution authorizing interlocal dispatch services agreement with
the City of Union Gap for Law Enforcement
SUBMITTED BY: Brad Coughenour, Manager, SunComm
Becky Rasmusson,Administrative Assistant, SunComm
SUMMARY EXPLANATION:
This Inter Local Agreement(ILA) between the City of Yakima and the City of Union Gap,
provides dispatch services for the City of Union Gap's Police Department. This ILA provides
$129,593.00 annually for dispatch operations and another$13,508.25 for equipment
sustainability and replacement.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
resolution 11/24/2020 r Me o
rron p ispatch need 11/2/2020 retract
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RESOLUTION NO. R-2020-
A RESOLUTION authorizing a Dispatch Communications Services Contract with the 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 2021-
2025; and
WHEREAS, the City of Yakima, and the Department wish to renew the attached interlocal
service contract for the period beginning on January 1, 2021 and ending December 31, 2025 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, 2021 and
expiring December 31, 2025; 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, 2021 through December
31, 2025 to provide radio and computer automated dispatch services to the City of Union Gap
Police Department.
ADOPTED BY THE CITY COUNCIL this_day of , 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear 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").
WITNESSETH
WHEREAS, pursuant to previous agreements, Yakima has provided dispatching
services to the Public Agency 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 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 Agency as follows:
1. SunComm 9-1-1 Communications Center. Yakima shall operate and
manage a central facility to be known as the"SunComm 9-1-1 Communications
Center" located within the City of Union Gap, and shall use the same for the
purpose of receiving public safety calls resulting from 911 or public safety
agencies from the respective areas served by the parties hereto, and shall
dispatch Law, Fire, and EMS as appropriate in answer to any such public
safety emergency calls and for the purpose of receiving and transmitting
mutual aid calls and for other related business.
2. Authority of Dispatch Center and Administration. It is agreed that the duty
of operating SunComm and the complete management thereof is vested in
Yakima, and that Yakima shall have the full, complete, and exclusive authority
to operate and manage SunComm.
3. Expense of Maintenance and Operation. The expense of continued
maintenance and operation of SunComm, including the expense of
maintenance of Yakima public safety communications equipment necessary
for dispatch located within SunComm shall be the responsibility of Yakima and
managed by Yakima. Revenues generated from the Cost of Service provisions
set forth in Section 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 five (5) calendar years
commencing January 1, 2021 and terminating at midnight on December 31,
2025.
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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 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 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 21 shall be the cost per dispatch retrieved from the CAD
Managerial Information System (MIS) from the proceeding calendar year. For
the first year of this Agreement, the cost of service based on the YR2019 calls
shall be $15.22 per CAD recorded incident and $6.01 per CAD record traffic
stop.
The cost per CAD dispatch for FY22 through FY25 shall be calculated using
the fallowing method.
A. Traffic Stops shall be based on a flat rate of $6.25 per traffic stop
record beginning FY22 and be effective for the remaining period of
the contract.
B. Incidents based on CAD records shall be based on the following
method beginning FY22. 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 the each year during the budget process the fund
balance and expenditures of these funds related to dispatch equipment. .
6. 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
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SunComm Dispatch Service Contract—Interlocal Agreement
after billing by Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2' 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. 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.
9. 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.
10. INDEMNIFICATION/PROMISE NOT TO SUE.
A. The Public Agency agrees to hold harmless, indemnify, protect, and defend
Yakima, its elected officials, officers, employees, and agents from and
against any and all claims, demands, losses, liens, liabilities, penalties,
fines, lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including attorneys' fees and disbursements) that result from or
arise out of the sole negligence or intentionally wrongful acts or omissions
of the Public Agency, its elected officials, officers, employees, and agents
in connection with or incidental to the performance or non-performance of
this Agreement.
B. Yakima agrees to hold harmless, indemnify, protect, and defend the Public
Agency, its elected officials, officers, employees, and agents from and
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SunComm Dispatch Service Contract—Interlocal Agreement
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).
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 Agency and/or its 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
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 party's rights and obligations shall be
construed and enforced as if the Agreement did not contain the particular
provision held to be invalid.
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SunComm Dispatch Service Contract—Interlocal Agreement
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 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 all parties.
12. REPRESENTATIONS &WARRANTIES
1. The 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.
15. Signature. It is agreed that this Agreement may be signed by the Public Agency
and City separately and the signatures of the User Agency and City need not be
placed on a single document. The person executing this Agreement on behalf of
the User Agency and City represent and warrant that he or she has been fully
authorized by the governing body of the User Agency or City to execute this
Agreement on its behalf and to legally bind the User Agency and City to all the
terms, performances and provisions of this Agreement.
A copy of this Agreement shall be recorded with the Yakima County Auditor or otherwise
posted online as authorized pursuant to Chapter 39.34 RCW.
IN WITNESS WHEREOF, the parties have set their hands and seals.
CITY OF YAKIMA CITY OF UNION GAP
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SunComm Dispatch Service Contract—Interlocal Agreement
By: By:
City Manager City Manager
ATTEST: ATTEST:
City Clerk City Clerk
DATED: DATED:
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