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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.E.
For Meeting of: December 1, 2020
ITEM TITLE: Resolution authorizing biennial interlocal dispatch services
agreement with the City of Selah and Yakima County Fire Districts
SUBMITTED BY: Brad Coughenour, Manager, SunComm
Becky Rasmusson,Administrative Assistant, SunComm
SUMMARY EXPLANATION:
The 2021-2022 I nterlocal Dispatch Services Agreement sets the conditions for service, the cost
of service, and annual rates. These dispatch agreements provide $227,440.35 for dispatch
operations and $8,477 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
D resolution 11/24/202 r Memo
Inter) al dispatch deices agreement: pity of elate 11/ /2020 ntract
and Fire districts
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RESOLUTION NO. R-2020-
A RESOLUTION authorizing a Dispatch Communications Services Contracts with the City of
Selah, and Yakima County Fire Protection District No.'s 1, 2,3,4,6,9,12, and
14 hereinafter known as "District."
WHEREAS, the City of Yakima presently provides fire, alarm and emergency dispatch
services to the Districts through the Dispatch Services Contract 2021-2022; and
WHEREAS, the City of Yakima, and the Districts wish to renew the attached interlocal
service contract for the period beginning on January 1, 2021 and ending December 31, 2022 for
the purpose of Yakima handling and processing fire, alarm and emergency call service on behalf
of the Districts; and
WHEREAS, the City of Yakima and the Districts desire to enter into the Dispatch
Communications Service Interlocal Agreement Contract for the period beginning January 1, 2021
and expiring December31, 2022; 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, 2022 to provide fire, alarm and emergency communication services to the City of Selah and
Yakima County Fire Protection Districts No.'s 1, 2,3,4,6,9,12, and 14.
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") the City of Selah and Yakima County Fire
Protection District No.1,2,3,4,6,9,12,and14. (hereinafter referred to
individually as "Public Agency" or collectively as "Public Agencies").
WITNESSETH
WHEREAS, pursuant to previous agreements, Yakima has provided
public safety dispatching services to the Public Agencies. 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 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 Public Safety Communications Center. Yakima shall
operate and manage a central facility to be known as the "SunComm
Public Safety Communications Center," (hereinafter "SunComm")
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 sewed by all of the parties
hereto, and shall dispatch Law, Fire, and EMS as appropriate in
response 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 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 two (2) calendar
years commencing January 1, 2021 and terminating at midnight on
December 31, 2022.
5. Cost of Service. Yakima (SunComm) 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 alarm 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) from the proceeding calendar year. For
the first year of this Agreement, the cost of service is based on the
YR 2019 calls and shall be $57.28 per CAD dispatch record.
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 CPI data from the
Bureau of Labor Statistics between the months of June—May of the
Consumer Price Index (CPI) for All Urban Consumer (CPI-U) and
Consumer Price Index (CPI-U) —West Region.
Beginning FY22, Yakima will base the annual increase in the cost
of each dispatch on the greater of the percentage increase
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SunComm Dispatch Service Contract—Interlocal Agreement
represented by 1) the annual CPI average percentage increase,
calculated as set forth above, or 2) the current percentage increase
in labor rate compensation for the Collective Bargaining Agreement
(CBA). The maximum annual dispatch rate increase based on the
CBA increase percentage shall not exceed 3.5%.
In addition, Yakima can request an additional fee approved through
a meeting of the user agencies to increase the cost per dispatch based
on operational costs or a capital project that exceeds the annual CPI
generated revenue based on the needs of SunComm. The additional
fee will be accounted for separately and be used for the maintence
and sustainability of the dispatch related equipment. No less than
seventy-five percent of the collective Public Agencies that contract
through SunComm for service must be present at the meeting and
the increase will be approved through a simple majority vote.
One of following methods will be used to calculate the annual fee
increase per dispatch.
A. Contract Year XXXX (S(previous "per dispatch" cost) +
(CPI-U+CPI-U-West Region)/2= annual increase.
B. Contract Year XXXX (Sprevious "per dispatch" cost) +
(CBA labor Rate percentage x Sprevious "per dispatch" cost)
= annual increase.
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 or
alarms dispatched by SunComm for each contracted Public Agency,
multiplied by the contract year increase. The following equation will
be used to determine each user agency's annual service cost:
Annual Contract Rate x Dispatched Calls= Annual Cost
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
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SunComm Dispatch Service Contract—Interlocal Agreement
the Cost of Service formula set forth in Section 5 to address the
new conditions of dispatching alarm calls.
6. Payment for Dispatched Calls. Each participating Public Agency
shall be billed quarterly beginning in January of each year for
dispatch services for that ensuing calendar year.
a. Each of the Public Agencies shall pay each quarterly billing for
dispatch services within sixty (60) days of being invoiced by
Yakima. Payment shall be made to Yakima City Treasurer, 129
North 2nd Street, Yakima, Washington 98901.
b. SunComm shall provide a current year monthly report of
dispatched calls within 30 days of the month closing. These calls
will be reviewed for discrepancies and adjusted to the next
contract period.
7. Definition of a Dispatched Call. A call to be charged under the
terms of this Agreement is defined as follows:
A. A dispatched call is defined as: an incident, call, or alarm that
results in a dispatch of fire or EMS equipment from any of the
contracted user agencies or an agency supporting the contracted
agencies response. 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. Auto-Aid. In the event an agency or agencies have entered into an
agreement for "Auto-Aid" with another Public Agency the
agency responsible for the zone or district shall be responsible for
the dispatch service costs.
C. Mutual Aid. In the event an individual Public Agency requests
mutual aid, it shall pay for each additional alarm call it requests.
D. Departments or Districts initially dispatched to an incorrect
location due to SunComm error shall not be charged for the
dispatch.
a. SunComm and the district shall review all dispatches in
question for accuracy.
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SunComm Dispatch Service Contract—Interlocal Agreement
b. Incorrect dispatches due to SunComm error shall be adjusted
in the next subsequent year.
8. Performance Standards. SunComm is committed to providing the
best customer support possible under the following conditions.
A. SunComm will develop policy and procedures that follow the
2016 National Fire Protection Agency (NFPA) 1221 best practices
for public safety communications. The standards will be followed as
dated to the contract period. Exceptions to these standards are listed
below:
B. Public Safety Communication Land Mobile Radio equipment
specific for fire dispatch limits SunComm in performing to NFPA
1221 Chapter 9 standards. The limited LMR equipment and
coverage limits SunComm's ability to efficiently support more than
two (2) active 3 alarm incidents occurring simultaneously. In
addition, there are several areas that public safety radio and paging
does not effectively cover which can delay the dispatch or require
SunComm to use other resources to contact the district or
department.
C. Personnel Shortages and Incidents: Standards of dispatching
times could be effected based on the following conditions:
1. SunComm experiences unexpected personnel shortages
due to resignations, internal investigations, FMLA, or changes to
human resource policy.
2. Fire districts annex or increase the size of district, adding
additional stations, and increasing the number of apparatuses.
3. NFPA requires two dispatchers and a supervisor (7.3.1 and
7.3.4.2), whereas the shift supervisor can only be used for short
term coverage.
9. 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
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event of early termination, Yakima shall remit and pay to the withdrawing
party the unearned portion of the annual payment for cost of service paid by
the withdrawing Public Agency for that calendar year.
10. Liability of Yakima. Yakima shall not be liable to 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.
11. 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.
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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.
12. Nondiscrimination Provision. During the performance of this
Agreement, no party shall discriminate on the basis of race, age, color, sex,
sexual orientation, religion, national origin, creed, marital status, political
affiliation, or the presence of any sensory,mental or physical handicap. This
provision shall include but not be limited to the following: Employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, or
termination, rates of pay or other forms of compensation, and selection for
training.
13. 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.
14. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part to any
other person or entity without the prior written consent of Yakima. In the
event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of the Public
Agency stated herein.
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15. 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.
16. 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.
17. 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.
18. Governing Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in a court of competent jurisdiction in Yakima County Washington.
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20. 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.
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