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HomeMy WebLinkAbout2018 CON City of San Diego - Fire and Emergency Medical Dispatch Services - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 24th day of July, 2018, by and between the City of San Diego, a municipal corporation ("San Diego"), and the City of National City, a municipal corporation ("National City"). RECITALS WHEREAS, on June 4, 2013, San Diego and National City entered into an Agreement entitled "Agreement by and between the City of San Diego and the City of National City regarding Fire and Emergency Medical Dispatch Services"; and WHEREAS, the term of the Agreement was effective as of July 1, 2013 until the last day of June 2018, five (5) years after its inception; and WHEREAS, San Diego and National City desire to exercise the option to extend the term of the Agreement for one (1) year, as provided for in Section M — Extensions, from July 1, 2018 to June 30, 2019; and NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, San Diego and National City agree as follows: 1. The term of the Agreement is extended for an additional one (1) year from July 1, 2018 to June 30, 2019, as permitted in Section M - Extensions of the Agreement. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement by and between San Diego and National City, dated June 4, 2013, shall remain in full force and effect. [Continued on Page 2] 1 IN WITNESS WHEREOF, this First Amendment 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 the City of National City. CITY OF NATIONAL CITY on Morrison, Mayor APPROVED AS TO FORM: On behalf of the •ty of S iego: By: Coln towell, Fire Chief Date Signed: F/ 7JIJ) By: `T 1 Kris Mit!hell, Chief Operating Officer Date Signed: I HEREBY APPROVE the form and legality of the foregoing Amendment on behalf of the City of San Diego this day of , 2018. Mara W. Elliott City Attorney, City of San Diego By: Noah J. Brazier, D ttorney 2 RESOLUTION NO. 2018 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE CITY OF SAN DIEGO FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO EXTEND THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL YEAR, RETROACTIVE TO JULY 1, 2018 THROUGH JUNE 30, 2019 WHEREAS, on June 4, 2013, the City Council adopted Resolution No. 2013-77 to enter into an Agreement with the City of San Diego to provide fire and emergency medical dispatch services to National City for five (5) years, from July 1, 2013 through June 30, 2018; and WHEREAS pursuant to Section M - Extensions of the Agreement, the Agreement may be extended for four (4) additional one (1) year periods by written agreement of the parties, and subject to the Mayor's authorization of a contract extension relative to each one year extension; and WHEREAS, the parties desire to exercise the option to extend the term of the Agreement for an additional one (1) year term, from July 1, 2018 through June 30, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with the City of San Diego to extend term of the Agreement for a period of one (1) year, from July 1, 2018 through June 30, 2019, for the City of San Diego to provide fire and emergency medical dispatch services to National City PASSED and ADOPTED this 24th day of July, 2018. Ron Morrison, Mayor ATTEST: f YMichael R. calla, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on July 24, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-137 of the City of National City, California, passed and adopted by the Council of said City on July 24, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 24, 2018 AGENDA ITEM NO.: 7 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the City of San Diego Fire and Emergency Medical Dispatch Services Agreement by and between the City of San Diego and the City of National City to extend the term of the Agreement for one additional year, retroactive to July 1, 2018 through June 30, 2019. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: 619-336-4551 APPROVED BY: EXPLANATION: On June 4, 2013, the City Council adopted Resolution No. 2013-77 to enter into an Agreement with the City of San Diego to provide fire and emergency medical dispatch services to National City for five (5) years, from July 1, 2013 until June 30, 2018. As allowed in Section M - Extensions of the Agreement, the "Agreement may be extended for four (4) additional one (1) year periods by written agreement of the parties, and subject to the Mayor's authorization of a contract extension relative to each one year extension." The National City Fire Department would like the City Council to authorize the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement for a period of one year, retroactive to July 1, 2018 through June 30, 2019. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-299-0000 (Contract Services) — $229,852.00 $229,852.00 was appropriated in Contract Services for fiscal year 2019. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: June 4, 2013 — Agreement between the City of San Diego and City of National City regarding Fire and Emergency Medical Dispatch Services 2. First Amendment to the Dispatch Agreement 3 Resolution 4,d.-itr1•, )to. ) • /'��- Fire and Emergency Medical Dispatch Services AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY REGARDING FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES THIS AGREEMENT is entered by and between the City of San Diego, a municipal corporation, [San Diego] and the City of National City, a municipal corporation, [National City], sometimes referred to jointly herein as the Parties. RECITALS WHEREAS, San Diego and National City have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said Cities; and WHEREAS, National City, by way of Resolution Number 2012-248, approved by its Council and Mayor, resolved that National City's interests would be best served by joining the Metro Zone; and WHEREAS, National City's interests would be best served by entering into an agreement with San Diego to provide National City with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, San Diego's interests would be best served by entering into an agreement with National City to provide National City 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 and in the best interests of the citizens of the respective jurisdictions for San Diego to provide fire and emergency medical. dispatch services to National City in order to increase the health and safety of all affected residents; and WHEREAS, National City desires and intends per the terms of this contract 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 good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, National City and San Diego agree as follows: A. Term of Agreement This Agreement shall be become effective as of July 1, 2013 or upon its final execution by the Parties, which ever comes first, and shall be effective until the last day of June 2018, five (5) years after its inception. 1 Not for Profit or Agency Agreement June 4, 2013 1 Fire and Emergency Medical Dispatch Services B. Obligations of the Parties 1. The service descriptions herein outline specific aspects of service relevant to the performance of the emergency dispatch services by San Diego. 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. The dispatch services that will be provided include: a. Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point (PSAP). b. Triaging medical calls using the Emergency Medical Dispatch process which includes: i. Automated Pro QA Emergency Medical Dispatching (EMD) with call downgrading features. ii. Coordinated dispatch efforts with American Medical Response (AMR) for ambulances within National City with the use of an automated TriTech Computer Aided Dispatch (CAD) to GEAC CAD interface. c. 800 Mhz Radio Communications System (RCS) Radio dispatch services to coordinate with National City's 800 Mhz RCS existing equipment and RCS member rights. d. Dynamic Automatic Vehicle Location (AVL) driven dispatch of closest available resource(s) to given emergency, incident type(s), and location(s). e. VisiNet Mobile Data Computer services. f. Mobile Data Computer (MDC) driven mapping and live -routing services. g. TriTech CAD View services. CAD Data Collection and Reporting services that will provide pre- established data collection points and generated reports including yearly, quarterly, monthly reports; call for service statistics and/or other incident specific data and reports as available. h. Records Management System (RMS) services that will permit a TriTech to Firehouse interface; a download of CAD data as needed; Fire Station Alerting Services; TriTech to Westnet interface. 2 Not for Profit or Agency Agreement June 4, 2013 2 Fire and Emergency Medical Dispatch Services i. Paging Services between TriTech and American Messaging interface. C. Payment 1. Dispatching Fee: National City will owe San Diego an annual dispatching fee for services rendered under this Agreement of $222,300. National shall pay this dispatching fee on a quarterly basis in the amount of $55,575 per quarter. Not included in this dispatching fee is the cost of yearly MDC software license fees ($300 per license per year), monthly MDC modem fees ($504 per modem per year) and monthly pager fees ($120 per pager per year). These on -going costs will be added to the yearly dispatching fee dependent on the actual costs per year and divided amongst the quarterly payments. 2. Dispatching Fee Increases: On average, the National City call volume is 7,376 incidents per year. The annual dispatching fee will be increased should National City's call volume on the emergency dispatch system exceed the amount originally contemplated by this agreement by 5% or more. The percentage increase in the annual dispatching fee will be equal to the percentage increase of National City's Call volume. Any increase in the annual dispatching fee shall be spread evenly throughout the next agreement year's quarterly payments. 3. Dispatching Fee Payment Due Date: San Diego shall provide to National City, on a quarterly basis, a statement for services rendered under this contract and payment by National City shall be remitted 30 days thereafter. 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 at all reasonable times. D. Indemnification and Insurance 1. Indemnification: National City shall defend, indemnify, and hold harmless San Diego, its elected officials, officers, agents, employees, and attorneys from and against any and all claims asserted or liability established for damages or injuries to any person or property (hereinafter collectively referred to as "Claims") related to or arising out of this Agreement or the work performed pursuant to this Agreement, but only to the extent that such Claims arise directly or indirectly from any negligent act, error, or omission of National City, its officials, officers, agents, or employees, and not including Claims caused by the concurrent negligent act, error or omission or the sole negligence or willful misconduct of San Diego, its elected officials, officers, agents, employees, and attorneys. San Diego shall defend, indemnify, and hold harmless National City, its elected officials, officers, agents, employees, and attorneys from and against any and all 3 Not for Profit or Agency Agreement June 4, 2013 3 Fire and Emergency Medical Dispatch Services claims asserted or liability established for damages or injuries to any person or property (hereinafter collectively referred to as "Claims") related to or arising out of this Agreement or the work performed pursuant to this Agreement, but only to the extent that such Claims arise directly or indirectly from any negligent act, error, or omission of San Diego, its officials, officers, agents, or employees, and not including Claims caused by the concurrent negligent act, error or omission or the sole negligence or willful misconduct of National City, its elected officials, officers, agents, employees, and attorneys. 2. Insurance Requirements. National City, at its sole cost and expense, shall purchase and maintain in full force and effect during the term of the Agreement, and all amendments to the Agreement, the following insurance coverage: a. Commercial Automobile Liability. Automobile insurance covering damages for all bodily injury or property damage incurred during the performance of this Agreement, with a minimum combined single limit of $1,000,000. Such automobile insurance shall include hired and non -owned vehicles. b. Commercial General Liability. National City is self -insured pursuant to the rules and regulations applicable in the State of California. c. Worker's Compensation. National City is self -insured pursuant to the rules and regulations applicable in the State of California. d. Rating Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been given at least an "A" & "V" rating in the current AM BEST, that are licensed to do business in the State of California, and that have been approved by the City. e. Deductibles. National City will be responsible for any Self -Insured Retention (SIR) associated with its specific policies. f. Specific Provisions Required. Each policy required under this section shall expressly provide, and an endorsement shall be submitted to San Diego, that: Except as to Workers Compensation, the City of San Diego and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insured. San Diego's Additional Insured status must be reflected on additional insured endorsement form CG 20 10, or equivalent, which shall be submitted to San Diego. ii. The policies cannot be canceled, non -renewed or materially changed except after thirty (30) calendar days prior written notice 4 Not for Profit or Agency Agreement June 4, 2013 4 Fire and Emergency Medical Dispatch Services by the National City to San Diego by certified mail, as reflected in an endorsement which shall be submitted to San Diego except for non-payment of premium, in which case ten (10) days notice will be provided. iii. Before performing any services under this Agreement, National City shall provide San Diego with all Certificates of Insurance accompanied with all endorsements. iv. National City may obtain additional insurance not required by this Agreement. If any required insurance coverage is provided on a "claims made" rather than "occurrence" form, National City shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. If National City does not keep all of such insurance policies in full force and effect at all times during the term of this Agreement, San Diego may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate the Agreement as provided herein. E. Right to Terminate for Convenience Either party may terminate the services agreed to pursuant to this contract by giving written notice of such termination to the other party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing party. The termination of the services shall be effective thirty (30) days after the receipt of this notice by the noticed party. F. Right to Terminate for Default If either party falls 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, the non -defaulting party may immediately cancel and/or terminate this Agreement, 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 parry'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 non -defaulting party against the defaulting party. 5 Not for Profit or Agency Agreement June 4, 2013 5 Fire and Emergency Medical Dispatch Services G. City of San Diego Contract Requirements To the extent appropriate in light of the rights and duties specified in this contract, and as applicable to particular parties, the following requirements shall apply: 1. Drug -Free Workplace. National City 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. National City 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. 3. Non -Discrimination Requirements. a. Compliance with San Diego's Equal Opportunity Contracting Program. National City shall comply with San Diego's Equal Opportunity Contracting Program Consultant Requirements. National City shall not discriminate against any employee or applicant for employment on any basis prohibited by law. National City shall provide equal opportunity in all employment practices. The Consultant shall ensure that its Subcontractors comply with San Diego's Equal Opportunity Contracting Program Consultant Requirements. Nothing in this Section shall be interpreted to hold National City liable for any discriminatory practice of its Subcontractors. b. Non -Discrimination Ordinance. National City shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of Subcontractors, vendors or suppliers. National City shall provide equal opportunity for Subcontractors to participate in subcontracting opportunities. National City understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, and other sanctions. This language shall be in contracts between the National City and any Subcontractors, vendors and suppliers. c. Compliance Investigations. Upon San Diego's request, the National City agrees to provide to San Diego, within sixty (60) calendar days, a truthful and complete list of the names of all Subcontractors, vendors, and suppliers that National City has used in the past five (5) years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by National City for each subcontract or supply contract. National City further agrees to fully cooperate in any investigation conducted by San Diego pursuant to San Diego's 6 Not for Profit or Agency Agreement June 4, 2013 6 Fire and Emergency Medical Dispatch Services Nondiscrimination in Contracting Ordinance [San Diego Municipal Code sections 22.3501-22.3517]. National City understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in remedies being ordered against National City up to and including contract termination, debarment, and other sanctions for violation of the provisions of the Nondiscrimination in Contracting Ordinance. National City further understands and agrees that the procedures, remedies and sanctions provided for in the Nondiscrimination Ordinance apply only to violations of said Nondiscrimination Ordinance. H. Product Endorsement National City 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. I. Conflict of Interest National City is 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, California Government Code sections 1090, et. seq. and 81000, et. seq. San Diego may determine that a conflict of interest code requires National City to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, National City shall submit the necessary documents to San Diego. 1. National City shall establish and make known to its 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, National City shall not recommend or specify any product, supplier, or contractor with whom National City has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If National City 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 National City to liability to San Diego for attorney fees and all damages sustained as a result of the violation. J. Mandatory Assistance If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided under this Agreement, upon San Diego's request, National City, its agents, officers, and employees agree to assist in resolving the dispute or litigation. National City's assistance includes, but is not limited to, providing professional 7 Not for Profit or Agency Agreement June 4, 2013 7 Fire and Emergency Medical Dispatch Services consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 1. Compensation for Mandatory Assistance. San Diego will reimburse National City for any fees and expenses incurred for required Mandatory Assistance as Additional Services, San Diego in its sole discretion, shall determine whether these fees, expenses, and services rendered under this Section, were necessary due to National City or its agents', officers', and employees' conduct or failure to act. If San Diego determines that such fees, expenses, or services were necessary due to National City or its agents', officers', and employees' conduct, in part or in whole, San Diego is entitled to be reimbursed for any payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including San Diego's withholding of payment. 2. Attorney Fees related to Mandatory Assistance. In providing San Diego with dispute or litigation assistance, National City or its agents, officers, and employees may incur expenses and/or costs. National City agrees that any attorney fees it may incur as a result of assistance provided under this Section are not reimbursable. K. Jurisdiction, Venue, and 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 Califomia. 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. Severability The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. M. Extensions This Agreement may be extended for four (4) additional one (1) year periods by written agreement of the parties, and subject to the Mayor's authorization of a contract extension relative to each one year extension. N. Amendments This Agreement may only be amended in writing signed by both parties. 8 Not for Profit or Agency Agreement June 4, 2013 8 Fire and Emergency Medical Dispatch Services 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. I HEREBY CERTIFY that I can legally bind the City of National City, a municipal corporation, and that I have read all of this Agreement and have executed it on behalf of the City of National Cam, a municipal corporation, this 4th day of June, 2013. on Morrison, Mayor of National City Date Signed: June 4, 2013 I HEREBY APPROVE the form of the foregoing agreement on behalf of National City this 4th day of June, 2013. Claudia Gacitua Silva C Alto ey, Nation On behalf By: Name: C'ty of S Bo_i3 riL 4F e I HEREBY APPROVE the form and legality of the foregoing agreement on behalf of the City of San Diego this (ct day of , 2013. Jan I. Goldsmi City Attom City of San D. Noah : razier, Dep 9 Not for Profit or Agency Agreement June 4, 2013 9 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 24th day of July, 2018, by and between the City of San Diego, a municipal corporation ("San Diego"), and the City of National City, a municipal corporation ("National City"). RECITALS WHEREAS, on June 4, 2013, San Diego and National City entered into an Agreement entitled "Agreement by and between the City of San Diego and the City of National City regarding Fire and Emergency Medical Dispatch Services"; and WHEREAS, the term of the Agreement was effective as of July 1, 2013 until the last day of June 2018, five (5) years after its inception; and WHEREAS, San Diego and National City desire to exercise the option to extend the term of the Agreement for one (1) year, as provided for in Section M — Extensions, from July 1, 2018 to June 30, 2019; and NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, San Diego and National City agree as follows: 1. The term of the Agreement is extended for an additional one (1) year from July 1, 2018 to June 30, 2019, as permitted in Section M - Extensions of the Agreement. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement by and between San Diego and National City, dated June 4, 2013, shall remain in full force and effect. [Continued on Page 2] 1 10 IN WITNESS WHEREOF, this First Amendment 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 the City of National City. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Angil P. Morris Jones City Attorney On behalf of the City of San Diego: By: By: Kevin Ester, Interim Fire Chief Kris Michell, Chief Operating Officer Date Signed: Date Signed: I HEREBY APPROVE the form and legality of the foregoing Amendment on behalf of the City of San Diego this day of , 2018. Mara W. Elliott City Attorney, City of San Diego By: Noah J. Brazier, Deputy City Attorney 2 11 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE CITY OF SAN DIEGO FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO EXTEND THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL YEAR, RETROACTIVE TO JULY 1, 2018 THROUGH JUNE 30, 2019 WHEREAS, on June 4, 2013, the City Council adopted Resolution No. 2013-77 to enter into an Agreement with the City of San Diego to provide fire and emergency medical dispatch services to National City for five (5) years, from July 1, 2013 through June 30, 2018; and WHEREAS pursuant to Section M - Extensions of the Agreement, the Agreement may be extended for four (4) additional one (1) year periods by written agreement of the parties, and subject to the Mayor's authorization of a contract extension relative to each one year extension; and WHEREAS, the parties desire to exercise the option to extend the term of the Agreement for an additional one (1) year term, from July 1, 2018 through June 30, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with the City of San Diego to extend term of the Agreement for a period of one (1) year, from July 1, 2018 through June 30, 2019, for the City of San Diego to provide fire and emergency medical dispatch services to National City PASSED and ADOPTED this 24th day of July, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CALIFORNIA -- N 1,TTQNAL C TIr INcoEironArI:v Docket Number: 2018- REQUEST FOR LEGAL SERVICES Date: August 9, 2018 Contact Person: Frank Parra Ext. No.: 4551 Subject: City of San Diego Medical Dispatch Services, First Amendment Deadline: August 14, 2018 Future Agenda Item? YES, for agenda dted: Reviewed and approved for submittal: (Department Head th riaturr quired) SERVICE REQUESTED: (Double-click on box to check -off) Documents for Review and Comment Document(s) for Signature Other: EXPLANATION (2) originals submitted for City signatures. Please note, this is the second submittal for signatures. The original Amendment submitted showed Kevin Ester, Interim Fire Chief, City of San Diego, on the signature page. The signature page has been revised to show Colin Stowell, Fire Chief, City of San Diego. This is the only revision to the document. FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 24th day of July, 2018, by and between the City of San Diego, a municipal corporation ("San Diego"), and the City of National City, a municipal corporation ("National City"). RECITALS WHEREAS, on June 4, 2013, San Diego and National City entered into an Agreement entitled "Agreement by and between the City of San Diego and the City of National City regarding Fire and Emergency Medical Dispatch Services"; and WHEREAS, the term of the Agreement was effective as of July 1, 2013 until the last day of June 2018, five (5) years after its inception; and WHEREAS, San Diego and National City desire to exercise the option to extend the term of the Agreement for one (1) year, as provided for in Section M — Extensions, from July 1, 2018 to June 30, 2019; and NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, San Diego and National City agree as follows: 1. The term of the Agreement is extended for an additional one (1) year from July 1, 2018 to June 30, 2019, as permitted in Section M - Extensions of the Agreement. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement by and between San Diego and National City, dated June 4, 2013, shall remain in full force and effect. [Continued on Page 2] 1 IN WITNESS WHEREOF, this First Amendment 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 the City of National City. CITY OF NATIONAL CITY By: . Ron Morrison, Mayor APPROVED AS TO FORM: By: Angil P. Morris Jones City Attorney On behalf of the City of San Diego: By: By: Colin Stowell, Fire Chief Kris Michell, Chief Operating Officer Date Signed: Date Signed: I HEREBY APPROVE the form and legality of the foregoing Amendment on behalf of the City of San Diego this day of , 2018. Mara W. Elliott City Attorney, City of San Diego By: Noah J. Brazier, Deputy City Attorney 2 Cheryl Newell From: Judy Wilkins Sent: Thursday, August 09, 2018 8:07 AM To: Ginny Miller; Leah Munoz Cc: Frank Parra; Walter Amedee; Cheryl Newell Subject: RLS, City Signatures, First Amendment, City of San Diego Dispatch Attachments: copier@nationalcityca.gov_20180809_100123.pdf Ginny, I'm forwarding the attached RLS to you today. This is the second time we are submitting the Amendment for signatures. The signature page for the Amendment that was signed on July 24`h showed Kevin Ester, Interim Fire Chief. The signature page has been changed to reflect the new permanent Fire Chief, Colin Stowell. This is the only revision to the Amendment. Judy Wilkins, Administrative Secretary National City Fire Department Administration Office 1243 National City Blvd. National City, CA 91950 (619) 336-4553 (Office and Voicemail) (619) 336-4562 (Fax) Iwilkins@ nationalcityca.gov Monday — Thursday: 7:00 a.m. to 6:00 p.m. Fridays: Closed Cheryl Newell From: Ginny Miller Sent: Monday, August 13, 2018 9:25 AM To: Judy Wilkins; Leah Munoz Cc: Frank Parra; Walter Amedee; Cheryl Newell Subject: RE: RLS, City Signatures, First Amendment, City of San Diego Dispatch Thanks Judy. Unfortunately, Nicole is out of the office until Aug. 23. I may be able to get Angil to sign, but we need a copy of Nicole's review in order to do that. �%ww� MfLLer Executive Assistant to the City Attorney Ext. 4223 From: Judy Wilkins Sent: Thursday, August 09, 2018 8:07 AM To: Ginny Miller <Gmiller@nationalcityca.gov>; Leah Munoz <leahm@nationalcityca.gov> Cc: Frank Parra <FParra@nationalcityca.gov>; Walter Amedee <WAmedee@nationalcityca.gov>; Cheryl Newell <cnewell@nationalcityca.gov> Subject: RLS, City Signatures, First Amendment, City of San Diego Dispatch Ginny, I'm forwarding the attached RLS to you today. This is the second time we are submitting the Amendment for signatures. The signature page for the Amendment that was signed on July 24th showed Kevin Ester, Interim Fire Chief. The signature page has been changed to reflect the new permanent Fire Chief, Colin Stowell. This is the only revision to the Amendment. Judy Wilkins, Administrative Secretary National City Fire Department Administration Office 1243 National City Blvd. National City, CA 91950 (619) 336-4553 (Office and Voicemail) (619) 336-4562 (Fax) jwilkins@nationalcityca.gov Monday — Thursday: 7:00 a.m. to 6:00 p.m. Fridays: Closed 1 ( \ \ \�X -a., �NATEU AU �Y�tltl� CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk CITY OF SAN DIEGO FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES Amendment #1 Judy Wilkins (Fire) forwarded a duplicate original Amendment #1 to the City of San Diego.