HomeMy WebLinkAboutCity of San Diego - Dispatch Services Agreement - 2025 DISPATCH SERVICES AGREEMENT—SAN DIEGO/NATIONAL CITY
THIS AGREEMENT is made by and between the City of San Diego("San Diego"), a municipal
corporation; and the City of National City ("Agency"), a municipal corporation; (herein
collectively known as"Parties"or individually as"Party"),for the provision of fire and emergency
medical dispatch services.
RECITALS
WHEREAS, San Diego and Agency have organized and equipped fire departments
charged with the duty of fire protection and rescue within the limits of said cities; and
WHEREAS,if required by law, Agency,by way of Resolution Number 2019-103 dated
June 18,2019, approved by Agency's City Council,resolved that Agency's interests would be
best served by entering into an agreement with San Diego to outsource Agency's fire and
emergency medical dispatch services to San Diego; and
WHEREAS, San Diego desires to provide Agency with fire and emergency medical
dispatch services under the terms described in this Agreement; and
WHEREAS,it would be to the benefit of each Party for San Diego to continue to provide
fire and emergency medical dispatch services to Agency in order to increase the health and safety
of all affected residents; and
WHEREAS,Agency desires and intends per the terms of this Agreement to pay San Diego
for services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and
conditions contained in this Agreement,and for other good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged,Agency and San Diego agree as follows:
A. TERM.
This Agreement shall become effective July 1, 2024, and shall expire on June 30, 2029. The
Parties shall review this Agreement every year to ensure applicability of all terms and policies.
Any modification shall be set forth in writing and be signed by the Parties. The term of this
Agreement shall not exceed five (5) years unless approved by the San Diego City Council by
Ordinance.
B. OBLIGATIONS OF THE PARTIES.
The descriptions herein outline specific aspects relevant to the performance of the emergency
dispatch services by San Diego.
San Diego adheres to State recommendations for call answering times and bases dispatcher staffing
upon meeting those performance standards.
To the extent that safety or technological changes warrant an amendment of the specific service or
method employed to provide the fire and emergency medical dispatch services contemplated
herein, neither Party may unreasonably refuse to implement safety or technological changes.
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1. The dispatch services that will be provided by San Diego include:
a) Processing all fire and medical related emergency calls via the 911 Secondary Public
Safety Answering Point("PSAP").
b) Triaging medical calls using a triage process which includes:
i. Automated triage with call downgrading features.
ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances
within Agency's jurisdiction, via the automated Computer Aided Dispatch
("CAD")to CAD interface,or other option as agreed to by the parties.
c) Dynamic Automatic Vehicle Location ("AVL") driven dispatch of closest available
resource(s), across City lines,to given emergency, incident type(s), and location(s).
d) Paging Services between San Diego's CAD and a messaging services interface.
Options for paging services include:
i. Participate in San Diego's paging services contract(s) on a pay per license basis,
or
ii. Agency can procure their own paging services contract (paid on own) and San
Diego will set up paging as long as the technology can integrate with San Diego's
CAD.
e) Fire Station Alerting via a CAD to a station alerting interface. Options for station
alerting include:
i. Participate in San Diego's station alerting system (currently via US Digital
Designs) via a CAD to a station alerting interface. Agency will need to procure
their own contract for services,hardware, and maintenance, or
ii. San Diego will interface with Agency's existing, self-managed station alerting
system. Agency will be responsible to contact for services, hardware and
maintenance as well as costs associated with setting up and maintaining the CAD
interface. San Diego will be responsible for supporting the CAD interface alone.
0 Mobile Data Computer ("MDC") or other mobile platform services including
mapping, live-routing, and loading of Agency's self-managed pre-plans. MDCs can
be ordered off a list of SDFD supported devices. MDCs will be fully imaged and
configured by San Diego Fire IT to be on the SDFD network to SDFD's specifications.
No other hardware or configurations or additional software are supported in any
capacity.
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g) Mobile Network
i. Apparatus Modem
Data Plan— San Diego will order and issue SIM cards and bill agency for costs.
Agencies will be required to be on San Diego's cellular provider private APN
and Data Plan.
Network equipment(modems, antennas, etc.)will be procured and supported by
San Diego. Equipment can only be supported if it is procured by San Diego off
the approved devices list and managed in San Diego's Mobile Device
Management system for firmware updates and modem management. Equipment
and support costs will be billed to agency. Agency will be responsible for
installation of network equipment.
ii. Mobile Phones&Tablets
Agency can opt to procure smartphones and tablets via San Diego's procurement
system. In this case, Agency will be billed for actual costs of: device purchase
(one-time), mobile device management (on-going, based on license fee from
provider), and data usage (on-going, based on carrier charges). When possible,
agency will be set up with a sub account on San Diego's data plan and may be
billed directly by mobile carrier for data usage. San Diego Fire IT will support
devices procured via our system (e.g., manage applications via the device
management system).
Or,Agency can opt to procure their own devices. In this case, San Diego will not
support the device or be able to manage applications unless agency coordinates
with SD Fire IT to enroll devices into San Diego's mobile device management
system.
h) Records Management System("RMS") services for a CAD to a Fire RMS interface.
Options for a Records Management System include:
i. Participate in San Diego's existing RMS system (currently via WATER) via a
CAD to a Fire RMS interface. Agency will need to procure their own contract
for services and maintenance, or
ii. San Diego will interface with Agency's existing, RMS. Agency will be
responsible to contact for services and maintenance as well as costs associated
with setting up and maintaining the CAD interface. San Diego will be
responsible for supporting the CAD interface alone.
i) Agency may receive a periodic download of CAD data as agreed upon by the Parties.
j) Agency acknowledges that this contract does not require San Diego to perform
analysis of Agency's CAD or response data. However, San Diego may extend the
use of secured Internet applications for viewing, analyzing and reporting Agency's
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CAD data("web services"). These web services may include on-line dashboards and
canned reports with pre-established data collection points, call for service statistics
and/or other incident specific data.
k) Any additional or special services provided are described in Addendum A.
2. Additional Services and Equipment. Additional services and equipment utilized in the
performance or support of dispatch services may be provided by San Diego, as agreed to
by the Parties, which may include but is not limited to equipment (modems, mobile data
computers, phones, etc.), enterprise device management services, software applications
and licenses.
C. COMPENSATION AND PAYMENT SCHEDULE
Agency agrees to pay San Diego for services rendered under this Agreement on a fiscal year basis,
defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide
Agency with an Annual Operating Plan(Attachment 1)for the upcoming fiscal year,which shall
be incorporated by reference into this Agreement.
1. For Dispatching Services. San Diego shall be compensated for the performance of
services specified in Section B 1 as a cost per call. Dispatch fees are subject to change
each fiscal year based on the following:
a) The adopted budget for personnel costs which includes fringe and overhead, and;
b) Prior year actuals for non-personnel expenditures (NPE). Should the Agency's call
volume exceed the prior year by 5%or more, an increase to the NPE will be equal to
the percentage of the increased call volume (rounded up to the tenth percent).
c) Should the Agency's call volume from the prior year not increase, or the increase is
less than 5%, an escalator of 5%will be applied to the NPE.
2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of
any additional services and equipment specified in Section B.2,which have been procured
on behalf of Agency at Agency's request and which may also include connectivity and
start-up costs. Agency may elect additional options in accordance with the "Annual
Operating Plan."
a) Costs will be calculated based on vendor fees per service or unit of equipment.
b) Services and equipment fees are subject to change annually based on vendor rates.
3. Invoices&Due Date: San Diego shall provide to Agency,on a quarterly basis,an invoice
statement for services rendered under this Agreement and payment by Agency shall be
remitted thirty (30) days thereafter. If Agency disputes any charges it shall nonetheless
remit the full amount without waiving its right to a return of the disputed amount.
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4. Records: The Parties shall maintain books,records, logs, documents, and other evidence
sufficient to record all actions taken with respect to rendering services under this
Agreement throughout the performance of services and for ten (10) years following
completion of services under this Agreement.The parties further agree to allow for mutual
inspection, copying and auditing of such books, records, documents and other evidence
relevant to the Parties' performance of this Agreement at mutually agreeable dates and
times.
D. DATA SHARING.
Data Sharing policies are outlined in the Data Sharing Agreement(Attachment 2).
E. INDEMNIFICATION. In the performance of dispatching services,
1. Agency agrees to defend, indemnify,protect, and hold San Diego and its officials,agents,
officers, employees and volunteers harmless from and against any and all claims asserted
or liability established for damages or injuries to any person or property, including injury
to Agency officials, employees, volunteers, agents, or officers which arise from, or are
connected with, or are caused or claimed to be caused by the acts or omissions of Agency
or its officials,agents, officers,employees,or volunteers,and agrees to be responsible for
all expenses of investigating and defending against same; provided however, that
Agency's duty to indemnify and hold harmless shall not include any claims or liability
arising from the negligence or willful misconduct of San Diego or its officials, agents,
officers, employees or volunteers.
2. San Diego agrees to defend, indemnify,protect,and hold Agency and its officials,agents,
officers, employees and volunteers harmless from and against any and all claims asserted
or liability established for damages or injuries to any person or property, including injury
to San Diego employees,volunteers,agents,or officers which arise from,or are connected
with, or are caused or claimed to be caused by the acts or omissions of San Diego or its
officials, agents, officers, employees, or volunteers, and agrees to be responsible for all
expenses of investigating and defending against same; provided, however, that San
Diego's duty to indemnify and hold harmless shall not include any claims or liability
alleged to be arising from the negligence or willful misconduct of Agency or its officials,
agents, officers, employees or volunteers.
3. In the event that both Parties are determined to be partially responsible, the principles of
comparative fault shall apply, and each party may seek indemnification according to such
comparative fault.
4. The obligations under this Section shall survive the expiration or earlier termination of
this Agreement.
F. RIGHT TO TERMINATE FOR CONVENIENCE
Either Party may terminate the services agreed to pursuant to this Agreement for convenience by
giving written notice of such termination to the other Party. Such notice shall be delivered by
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certified mail with return receipt for delivery to the noticing Party or other method as set forth in
Section 0 below. The termination of the services shall be effective one hundred and eighty (180)
days after the receipt of this notice by the noticed Party.
G. RIGHT TO TERMINATE FOR DEFAULT
If either Party fails to perform or adequately perform any obligation required by this Agreement,
that Party's failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default
within ten(10)calendar days of receiving written notice from the other Party specifying the nature
of the Default,or if the nature of the Default is(1)not for the payment of services,and(2)requires
more than ten(10)calendar days to remedy,and the defaulting Party fails to diligently pursue such
action necessary to remedy the Default,the other Party may immediately cancel and/or terminate
this Agreement upon written notice, and terminate each and every right of the defaulting Party,
and any person claiming any rights by or through the defaulting Party under this Agreement. The
rights and remedies of the non-defaulting Party enumerated in this paragraph are cumulative and
shall not limit the non-defaulting Party's rights under any other provision of this Agreement, or
otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this
Agreement or enacted or established at a later date,that may be available to the Parties against the
other Party.
Notwithstanding the above, a Party may terminate this Agreement for cause pursuant to Section G
herein if the other Party fails to comply with the Data Sharing Agreement, or otherwise violates
any confidentiality and data privacy laws and regulations with respect to data shared under this
Agreement, including engaging in unauthorized sale or disclosure of data.
H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS
To the extent appropriate in light of the rights and duties specified in this Agreement, and as
applicable to particular Parties,the following requirements shall apply:
1. Drug-Free Workplace.Agency agrees to comply with San Diego's Drug Free Workplace
requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-
277952 and incorporated into this Agreement by this reference.
2. ADA Certification. Agency hereby certifies that it agrees to comply with San Diego's
"Americans With Disabilities Act" Compliance/City Contracts requirements set forth in
Council Policy 100-04,adopted by San Diego Resolution R-282153 and incorporated into
this Agreement by this reference.
I. PRODUCT ENDORSEMENT
Agency acknowledges and agrees to comply with the provisions of San Diego's Administrative
Regulation 95-65, concerning product endorsement. Any advertisement identifying or referring
to San Diego as the user of a product or service requires the prior written approval of San Diego.
J. CONFLICT OF INTEREST
The Parties are subject to all federal, state and local conflict of interest laws, regulations and
policies applicable to public contracts and procurement practices including, but not limited to,
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California Government Code sections 1090, et. seq. and 81000, et. seq. Either Party may
determine that a conflict-of-interest code requires the other Party to complete one or more
statements of economic interest disclosing relevant financial interests. Upon one Party's request,
the other Party shall submit the necessary documents to the requesting Party.
1. The Parties shall establish and make known to their respective employees and agents'
appropriate safeguards to prohibit employees from using their positions for a purpose that
is, or that gives the appearance of being, motivated by the desire for private gain for
themselves or others, particularly those with whom they have family, business or other
relationships.
2. In connection with any task, neither Party shall not recommend or specify any product,
supplier, or contractor with whom such Party has a direct or indirect financial or
organizational interest or relationship that would violate conflict of interest laws,
regulations, or policies.
3. If either Party violates any conflict-of-interest laws or any of these provisions in this
Section, the violation shall be grounds for immediate termination of this Agreement.
Further,the violation subjects such Party to liability to the other for all damages sustained
as a result of the violation.
K. JURISDICTION,VENUE & ATTORNEY'S FEES
The venue for any suit or proceeding concerning this Agreement,the interpretation or application
of any of its terms,or any related disputes shall be in the County of San Diego, State of California.
The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of
attorney's fees in addition to any other award made in such suit or proceeding.
L. ENTIRE AGREEMENT; AMENDMENTS
This Agreement contains the entire understanding between the Parties with respect to the subject
matter herein. There are no representations,agreement or understandings(whether oral or written)
between or among the Parties relating to the subject matter of this Agreement that are not fully
expressed herein. This Agreement may only be amended in writing signed by both Parties.
M. SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement
shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or
unenforceable, such covenant or covenants, such agreement or agreements, or such portions
thereof shall be null and void and shall be deemed separable from the remaining covenants or
agreements or portions thereof and shall in no way affect the validity or enforceability of the
remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any
such covenant, agreement or portion found to be null and void.
N. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as
follows, with notice deemed given as indicated: (a) by personal delivery, when delivered
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personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile
transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or
registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the
following addresses:
To San Diego at: With a copy to:
San Diego Fire-Rescue Department/ECDC San Diego Fire-Rescue Department
Attn: ECDC Deputy Chief Attn:Fire Chief
3750 Kearny Villa Road 600 B Street, 131 Floor
San Diego,CA 92123 San Diego,CA 92101
To Agency at: With a copy to:
City of National City City of National City
Attn: Fire Chief Attn: City Attorney
1243 National City Blvd 1243 National City Blvd
National City,CA 91950 National City,CA 91950
IN WITNESS WHEREOF,this Agreement is executed by the City of San Diego, acting by and
through its Mayor or his designee,pursuant to San Diego City Charter section 265 and San Diego
Municipal Code section 22.3222, and by the City of National City.
CITY OF NATIONAL CITY,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of
this Agreement and have executed it on behalf of the City of National City.
By: Date signed:
n Morrison, Mayor
I HEREBY APPROVE the form of the foregoing Agreement, this 2nd day of April 2025.
By: 00‘- cLi...../...5-
Barry J. Schu4tjSLe '
y Attorney
ATTEST:
Shelley Chapel, MMC, City Clerk
[SIGNATURES CONTINUED ON NEXT PAGE]
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Docusign Envelope ID: 13902BBB-3B88-4C6D-B602-33BAF4DDC863
DISPATCH SERVICES AGREEMENT-SAN DIEGO/NATIONAL CITY
personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile
transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or
registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the
following addresses:
To San Diego at: With a copy to:
San Diego Fire-Rescue Department/ ECDC San Diego Fire-Rescue Department
Attn: ECDC Deputy Chief Attn: Fire Chief
3750 Kearny Villa Road 600 B Street, 13th Floor
San Diego,CA 92123 San Diego, CA 92101
To Agency at: With a copy to:
City of National City City of National City
Attn: Fire Chief Attn: City Attorney
1243 National City Blvd 1243 National City Blvd
National City, CA 91950 National City, CA 91950
IN WITNESS WHEREOF,this Agreement is executed by the City of San Diego, acting by and
through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego
Municipal Code section 22.3222, and by the City of National City.
CITY OF NATIONAL CITY,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of
this Agreement and have executed it on behalf of the City of National City.
By: Date signed:
n Morrison, Mayor
I HEREBY APPROVE the form of the foregoing Agreement,this 2nd day of April 2025.
By: 0014/4/21441544—
Barry J. Schulty Attorney
ATTEST:
LLat4rt1OocuSipned by:
eft L.iapel, MMC, City Clerk
[SIGNATURES CONTINUED ON NEXT PAGE]
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DISPATCH SERVICES AGREEMENT-SAN DIEGO/NATIONAL CITY
CITY OF SAN DIEGO,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of San Diego, and that I have read all of
this Agreement and have executed it on behalf of the City of San Diego.
By: Date signed:
A - 5- 01-4 '-
Robert Logan, Fire Chief
I HEREBY APPROVE the form of t u • i • II'' Agreement, this 7 day of
!ehruar y , 2024. ZOZS: '� r
MARA W. EL-LIOTT, San Diego City Attorneys)
1€ATHE FE E
By:
Daniel Orloff, Deputy City Attorney
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DISPATCH SERVICES AGREEMENT—SAN DIEGO/NATIONAL CITY
ADDENDUM A
(ADDITIONAL OR SPECIAL SERVICES)
No special services are applicable at this time.
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DISPATCH SERVICES AGREEMENT—SAN DIEGO/NATIONAL CITY
ATTACHMENT 1
(ANNUAL OPERATING PLAN)
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DISPATCH SERVICES AGREEMENT—SAN DIEGO/NATIONAL CITY
► SAhrti
et
0.
Fiscal Year 2025 Annual Operating Plan `� O
With Breakdown V.Increase
NATIONAL CITY ,��-�E}C`
OYgalitc ins Services by San Diego Fire Rescue:
Fisr.al Year 2024 Actual Calls 6,580
AnnualIna.reasc 5.00%
Total DIspmuhing Cwts $ t 4.2g431955
Total 411 Calls ProLessect by San Olego 244185
FY24 Cost Per Call 1 5&55
Billing for Fiscal Year 2825 8S02.133.3111
,Increases for FlscaI Year mu likinceftax
Personnel Expenditures 15%
of Increased iuIFTlrnre Equivalent IFtEI 2.00
ON Rate 23%
Non-Personnel Expenditures ii.e.Conn dal.IT,and other torts to support Dispatch Opel&dons) 100!
City of Natrona Crt'FY25 POP 11115/2024 1 of 1
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DISPATCH SERVICES AGREEMENT—SAN DIEGO/NATIONAL CITY
ATTACHMENT 2
(DATA SHARING AGREEMENT)
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ATTACHMENT 2:DATA SHARING AGREEMENT
THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal
corporation; and City of Chula Vista, City of Coronado, City of Imperial Beach, National City, and City
of Poway(individually known as"Agency")that contracts for 911/Emergency Dispatching Services from
San Diego Fire-Rescue Department,(herein collectively known as"Parties"or individually as"Party").
The purpose of this Agreement is to define the conditions for sharing of dispatch information among
the Parties,other public safety entities,and third-party vendors.
RECITALS
WHEREAS, San Diego provides Agency with fire and emergency medical dispatch services
under the terms described in the Dispatching Services Agreement,and,
WHEREAS,San Diego will perform these services from the Metro Zone Emergency Command
and Data Center("ECDC")and will become a custodian of dispatch data on behalf of Agency,and,
WHEREAS, emergency dispatch information is routinely shared across public safety agencies
to more effectively and efficiently dispatch emergency resources within the region.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions
contained in this Agreement, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged,the Parties agree as follows:
A. TERM.
This Agreement shall become effective upon execution by the Parties and shall be binding upon all
Parties hereto, until such time as the Parties agree to amend or terminate the Agreement. Any
modification shall be set forth in writing and be signed by the Parties. If any Agency is no longer
contracting for San Diego Dispatching Services,this Agreement will continue to apply to historical data
collected while services were rendered.
B. OBLIGATIONS OF THE PARTIES.
1. San Diego will maintain dispatch records and data in accordance with State and Federal
regulations.
2. The Parties understand and agree that their data will be collectively pooled in San Diego's
CAD database, and will be visible to other public safety entities that access San Diego CAD
data in the course of providing public safety. It will also be incidentally visible to other
vendors providing necessary services and Infrastructure support (currently CAD from
CentralSquare,Vesta from AT&T,network support from San Diego's vendor,Zensar). Vendors
may be subject to change.
3. The Parties understand and agree that their data may be collectively pooled in a joint RMS
(Records Management System) database (currently WATER Street Fire RMS), and may be
visible to other public safety entities that access the database in the course of providing public
safety. It will also be incidentally visible to other vendors providing necessary services and
infrastructure support (currently FireView from CentralSquare, network support from San
Diego's vendor,Zensar). Vendors may be subject to change.
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ATTACHMENT 2: DATA SHARING AGREEMENT
4. RCIP CAD Data Sharing.
a) San Diego is a member of the Regional CAD Interoperability Program("RCIP"),a CAD-to-
CAD solution that connects participating San Diego regional emergency communication
systems through a third-party vendor,and
b) San Diego's membership in RCIP means that Agency's data contained in San Diego's CAD
(e.g., unit location, unit status, active calls, call comments, response address, response
type, problem nature, etc.) will be shared in real time with all current or future RCIP
members, partners and vendors. Current RCIP members include: Heartland
Communications Facility Authority("HCFA"),San Diego Fire-Rescue Department("SDFD"),
North County Dispatch Joint Powers Authority ("NCDJPA"), San Diego County Fire
("SDCF"), and Escondido Fire Department. Current RCIP partners include American
Medical Response ("AMR") and San Diego Gas & Electric ("SDG&E"). The current RCIP
vendor for technical support and maintenance of the RCIP network Is Kologik(a private
corporation). RCIP members, partners, and vendors in turn may have their own
members, partners,and vendors.
5. Internet Applications.
San Diego may extend the use of secured Internet applications for viewing and analyzing CAD data
for all its contracted agencies("web services"). Examples of web services Include VlsiNet Browser
(a real time and historical CAD view),FireView(data dashboards and reporting tools that include
real-time and historical data), TabletCommand(incident command and resource management
tool), INTTERRA, FirstWatch, as well as other applications that might be procured or developed.
The specific applications,their nature,and availability are subject to change. Agency understands
and agrees that it may choose not to utilize these services, however, In certain cases, Agency's
data may still be visible to other contracted agencies who do use these services.
6. Data Use and Disclosure.
a) Any CAD data from other public safety agencies or private companies that may be
obtained from CAD views or data sharing applications shall only be used in the
performance of each Agency's ascribed duties for the safety of the public,and the Parties
will not utilize said data for gain,either personal or corporate,other than that gain which
is considered to be allowed to be made on behalf of public agencies. The Parties shall
not use said data to obtain any perceived advantage or be used against any other
Agency,public or private.
b) Any individual Agency's data will not be otherwise used, shared, published or released
without that individual Agency's written consent.
c) Public Records Acts requests will be referred to the respective Agency whose data is
being requested for handling and response.
d) Legal Obligations to Release. In the case where data release is required by law (e.g.,
search warrant or court subpoena),the Party being required to turn over data will notify
any other respective Agency whose data is included in the mandated release and provide
a courtesy copy of data prior to release.
C. INDEMNIFICATION
in the course of data sharing,the Parties agree to defend,indemnify, protect,and hold all other
Parties and their agents,officers,and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including injury to
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ATTACHMENT 2: DATA SHARING AGREEMENT
any Party's employees,volunteers,agents,or officers which arise from, or are connected with,or are
caused or claimed to be caused by the acts or omissions of any other Party,Its agents,officers,
employees,or volunteers,and agrees to be responsible for all expenses of investigating and
defending against same; provided however,that each Party's duty to indemnify and hold harmless
shall not include any claims or liability alleged to be arising from the negligence or willful misconduct
of any Party, its agents,officers,or employees.
D. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as
follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally;
(b) by overnight courier, upon written verification of receipt; (c) by electronic mail, upon
acknowledgment of receipt of electronic transmission or a reply e-mail;or(d)by certified or registered
mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following
addresses:
To San Diego at: With a copy to:
San Diego Fire-Rescue Department/ECDC San Diego Fire-Rescue Department
Attn:ECDC Deputy Chief Attn:Fire Chief
3750 Kearny Villa Road 600 B Street,13th Floor
San Diego,CA 92123 San Diego,CA 92101
To Chula Vista at: With a copy to:
Chula Vista Fire Department Chula Vista Fire Department
Attn: Deputy Chief,Director of Administration Attn:Fire Chief
276 Fourth Ave.,Building C • 276 Fourth Ave.,Building C
Chula Vista,CA 91910 Chula Vista,CA 91910
To Coronado at: With a copy to:
Coronado Fire Department City of Coronado
Attn:Fire Chief Attn:City Manager
1001 6th Street 1825 Strand Way
Coronado,CA 92118 Coronado,CA 92118
To Imperial Beach at: With a copy to:
City of Imperial Beach City of Imperial Beach
Attn:ChiefJohn French Attn:City Attorney
825 Imperial Beach Blvd. 825 Imperial Beach Blvd.
Imperial Beach,CA 91932 Imperial Beach,CA 91932
To National City at: With a copy to:
City of National City City of National City
Attn:Frank Parra,Director of Emergency Services Attn:City Attorney
1243 National City Blvd. 1243 National City Blvd.
National City,CA 91950 National City,CA 91950
To Poway at: With a copy to:
City of Poway City of Poway
Attn:Director of Safety Services Attn:City Attorney
PO Box 789 13325 Civic Center Drive
Poway,CA 92074-0789 Poway,CA 92064
IN WITNESS WHEREOF,this Agreement is executed by the City of San Diego,acting by and through
its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal
Code section 22.3222,and by the following cities:
Page 3 of 5
ATTACHMENT 2: DATA SHARING AGREEMENT
CITY OF SAN DIEGO, A Municipal Corporation
By: L� Date signed:
Colin Stowell, Fire Chief
I HEREBY APPROVE the form of the foregoing Agreement,this Z7 day of , 2019.
MARA W. ELIOTT, San Diego City Attorney
By: �
Noah J. Brazte"r,D City Attorney
CITY OF CHULA VISTA,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Chula Vista, and that I have read all of this
Agreement and have executed it on behalf of the City of Chula Vista.
By:L�Ta—f' Date signed: s/G 9
Jim Geering, Fire Chie
I HEREBY APPROVE the form of the foregoing Agreement,this ( day of TYtcti-y— ,2019
By: 111 Ci !rl U
Name City Attorney
CITY OF CORONADO,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Coronado,and that I have read all of this
Agreement and have executed it on behalf of the City of Coronado.
By: / Date signed: = ._
Blair King, City Manager.
I HEREBY APPROVE the form of the foregoing Agreement,this Zcday of , 2019.
By:
JO NA N. CANLAS, Coronado City Attorney
Page 4 of 5
ATTACHMENT 2: DATA SHARING AGREEMENT
CITY OF IMPERIAL BEACH,A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Imperial Beach, and that I have read all of this
Agreement and have executed it on behalf of the City of Imperial Beach.
()?3By: C Date signed: 9- /7
Andy Hall, Ci Manager
I HEREBY APPROVE the form of the foregoing Agreement,this , 7�day of It/ ,2019.
NNIF..ER . , Imyerial ch City Attorney
CITY OF1VATIONAL CITY, MunicipalCorporation
Cor oration
I HEREBY CERTIFY that I can legally bind the City of National City,and that I have read all of this
Agreement and have executed it o behalf of the City of National City.
By: Date signed: b 1/( /i ?
Bra s on, City Manager QQ u.
I HEREBY APPROVE the form of the foregoing Agreement, this l 1 eday of 'Tune ,2019.
By:
Name City Attorney t(O e- eedOrle,MS.(kb PT"TN M
CITY OF POWAY, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Poway,and that I have read all of this Agreement
and have executed it on behalf of the City of Poway.
. (, t.��10/2� , /(.
By: Date signed:
Tina White, City Manager I �j �/�
I HEREBY APPROVE the form of the foregoing Agreement, this L ` day of (" ` '`/
1 ,2019.
Rutan &Tucker, LLP
By:
aL.
Alan Fenstermacher, Poway City Attorney
Page 5 of 5