Loading...
HomeMy WebLinkAbout2019 CON City of San Diego - Fire and Emergency Medical Dispatch and Data Sharing ServicesThe City of SAN DI EGO/ Fire -Rescue Department Emergency Command & Data Center July 8, 2019 City of National City Attn: Frank Parra 1243 National City Blvd. National City, CA 91950 Dear Mr. Parra: Enclosed are 2 fully -executed Dispatch Services Agreements between National City and San Diego. There were 3 original, wet -signature versions. San Diego kept one and I am returning the two other originals to you for your Department's and your City Attorney's records. Also included are 2 fully -executed Data Sharing Agreements (aka "Attachment 2" of the Dispatching Services Agreement). There is one original and one photocopy for your respective records. If you have any questions, please feel free to call me at (619) 533-4308. Thank you for your attention to this matter. ai Sincerely, Alyssa Ross Program Manager 3750 Kearny Villa Road San Diego, CA 92123 T (619) 533-4308 sandiego.gov 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 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 ZO/`f�1a�3 dated `l1L IF 30/ 9 , approved by National City'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, 2019 and shall expire at midnight on June 30, 2024. 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 Agreement term may be extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization of a contract extension and the authorization of Agency. 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. 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: Page 1 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY i. Automated triage with call downgrading features. ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances within Agency's jurisdiction, via an automated Computer Aided Dispatch ("CAD") to CAD interface. 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. e) Fire Station Alerting via a CAD to a station alerting interface. San Diego will interface with Agency's existing, self -managed station alerting system given that it is supported by San Diego's existing interface system, currently USDD, and as an unsupported legacy option for WestNet. f) Mobile Data Computer ("MDC") or other mobile platform services including mapping, live - routing, and loading of Agency's self -managed pre -plans. g) Records Management System ("RMS") services for a CAD to a Fire RMS interface given that it is supported by San Diego's existing interface system, currently WATER, and a FireHouse interface as an unsupported legacy option. Agency will bear the costs for other new, unsupported interfaces if required. h) Additionally, Agency may receive a periodic download of CAD data. i) 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 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. j) 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 to 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. 1. For Dispatching Services. San Diego shall be compensated for the performance of services and specified in Section B1 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). Page 2 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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 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. 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. 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 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 Agency 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, its 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 alleged to be arising from the negligence or willful misconduct of San Diego, its agents, officers, or employees. 2. San Diego agrees to defend, indemnify, protect, and hold Agency and its 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 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, its 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, its agents, officers, or employees. F. RIGHT TO TERMINATE FOR CONVENIENCE Either Party may terminate the services agreed to pursuant to this Agreement 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 one hundred & eighty (180) days after the receipt of this notice by the noticed Party. Page 3 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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, 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. H. 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. 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. 3. CONFLICT OF INTEREST Agency 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 Agency to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, Agency shall submit the necessary documents to San Diego. 1. Agency 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, Agency shall not recommend or specify any product, supplier, or contractor with whom Agency has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If Agency 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 Page 4 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY subjects Agency to liability to San Diego for attorney fees and all damages sustained as a result of the violation. K. 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 either Party's request, the other Party, and its agents, officers, and employees agree to assist in resolving the dispute or litigation. Each Party's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 1. Compensation for Mandatory Assistance. The Party seeking the assistance of the other Party will reimburse the assisting Party for any fees and expenses incurred for required Mandatory Assistance as Additional Services. The Party seeking the assistance shall, in its sole discretion, determine whether these fees, expenses, and services rendered under this Section, were necessary due to the assisting Party or its agents', officers', and employees' conduct or failure to act. If the Party seeking assistance determines that such fees, expenses, or services were necessary due to the other Party's or its agents', officers', and employees' conduct, in part or in whole, the Party seeking assistance is entitled to be reimbursed for any payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including either Party's withholding of payment to the other. 2. Attorney Fees related to Mandatory Assistance. In providing each other with dispute or litigation assistance, a Party, or its agents, officers, and employees may incur expenses and/or costs. The other Party agrees that any attorney fees it may incur as a result of assistance provided under this Section (with the exception for attorney fees as provided in Section K, below) are not reimbursable. L. 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. M. 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. N. 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. O. 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 facsimile transmission, upon acknowledgment of receipt Page 5 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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: San Diego Fire -Rescue Department / ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To National City at: City of National City Attn: Frank Parra, Director of Emergency Services 1243 National City Blvd. National City, CA 91950 With a copy to: San Diego Fire -Rescue Department Attn: Fire Chief 600 B Street, 13th Floor San Diego, CA 92101 With a copy to: City of National City Attn: City Attorney 1243 National City Blvd. 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• fI alf oft of National City, a municipal corporation. 'O By: Alejandra Sotelo-Solis, Mayor Date signed: u loi �t I HEREBY APPROVE the form of the foregoing Agreement, this , 20 9. By: Nicole Pedone, Senior Assistant City Attorney CITY OF SAN DIED A Muni ; •al Corporation By: Colin Stowell, Fire Chief Date signed: day of 644.46 I HEREBY APPROVE the form of the foregoing Agreement, this 21 day of 5.�Y,e.— , 2019. MARA W. ELIOTT, San Diego City Attorney By: Noah J. Br ' ier i - . ty City Attorney Page 6 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY ADDENDUM A No special services are applicable at this time. Page 7 of 7 ATTACHMENT 1: ANNUAL OPERATING PLAN Estimated Annual Operating Plan City of National City Dispatching Services by San Diego Fire Rescue Fiscal Year 2018 Actual Calls 7,500 Projected Increase or Decrease (X%) 5% Total Dispatching Costs $ 9,665,402.34 Total 911 Calls Processed by San Diego 200,760 FY19 Cost per Call $ 48.14 Additional Services & Equipment (prices variable based on quotes for actual equipment/services ordered) Item or Service Description MDC Software License ($300 per license peg year) CraddlePoint Modems ($698.92 per modem per year) CraddlePoint Net Clould Manager Pagers Phones Phone Data ($49.99 per device per month) Meraki Mobile Device Mgmt $24.42 per device per month) Zipit Paging App ($6.25 per device, per month) FirstWatch (based on quote) FireView (based on quote) INTTERRA (based on quote) TabletCommand (basedon quote per license) Annual Price or Unit Price QTY $ 300.00 0 $ 698.92 0 $ 0 $ 54.00 0 $ 99.00 0 $ 599.88 0 $ 293.04 0 $ 75.00 0 $ 0 $ 0 $ 0 $ 0 Total * FY 2019 Billing Schedule August $90,262.50 October $90,262.50 January $90,262.50 April $90,262.50 $361,050.00 * Amount subject to change for FY2020. Cost estimates will be based on actual expenditures and adopted budget. National City AOP (Estimate) i 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. Page 1 of 5 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 VisiNet Browser (a real time and historical CAD view), Fire View (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 Page 2 of 5 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: San Diego Fire -Rescue Department / ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To Chula Vista at: Chula Vista Fire Department Attn: Deputy Chief, Director of Administration 276 Fourth Ave., Building C Chula Vista, CA 91910 To Coronado at: Coronado Fire Department Attn: Fire Chief 1001 6th Street Coronado, CA 92118 To Imperial Beach at: City of Imperial Beach Attn: Chief John French 825 Imperial Beach Blvd. Imperial Beach, CA 91932 To National City at: City of National City Attn: Frank Parra, Director of Emergency Services 1243 National City Blvd. National City, CA 91950 To Poway at: City of Poway Attn: Director of Safety Services PO Box 789 Poway, CA 92074-0789 With a copy to: San Diego Fire -Rescue Department Attn: Fire Chief 600 B Street, 13th Floor San Diego, CA 92101 With a copy to: Chula Vista Fire Department Attn: Fire Chief 276 Fourth Ave., Building C Chula Vista, CA 91910 With a copy to: City of Coronado Attn: City Manager 1825 Strand Way Coronado, CA 92118 With a copy to: City of Imperial Beach Attn: City Attorney 825 Imperial Beach Blvd. Imperial Beach, CA 91932 With a copy to: City of National City Attn: City Attorney 1243 National City Blvd. National City, CA 91950 With a copy to: City of Poway Attn: City Attorney 13325 Civic Center Drive 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 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. By: ,t4/ Andy HCity Manager Date signed: I HEREBY APPROVE the form of the fore ;oing Agreement, this /1 day of ch City Attorney ATIONAL CITY, A Municipal Corporation 2019. I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of this Agreement and have -xecuted it on behalf of the City of National City. By: Brad --Rau Manager Date signed: Moll Oil I HEREBY APPROVE th form of the foregoing Agreement, this 14 day of Tun e_ , 2019. By: Name City Attorney mole eedore 1 Sr. Rss. Gil \ iom J 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. 3 I q By: Date signed: r Tina White, City Manager I HEREBY APPROVE the form of the foregoing Agreement, this ` day of M" 1 , 2019. Rutan & Tucker, LLP By: Alan Fenstermacher, Poway City Attorney Page 5 of 5 ATTACHMENT 2: DATA SHARING AGREEMENT CITY OF SAN DIEGO, A Municipal Corporation By: Date signed: Colin Stowell, Fire Chief I HEREBY APPROVE the form of the foregoing Agreement, this 27 day of Z — , 2019. MARA W. ELIOTT, San Diego City Attorney By: Noah J. Br tier, I - •uty 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: Date signed: �/ G� 5 Jim Geering, Fire Chief I HEREBY APPROVE the form of the foregoing Agreement, this (Aay of M , 2019 By: ( 4- (/I^�I.AG� , ler' a. Name City Attorr0'ey 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 Manag I HEREBY APPROVE the form of the foregoing Agreement, this alb— day of /4-Pk. 1 (, , 2019. By: NNA N. CAN AS, Coronado City Attorney Page 4 of 5 RESOLUTION NO. 2019 - 103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO PROVIDE FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES FOR A TERM OF 5 YEARS EFFECTIVE JULY 1, 2019 THROUGH JUNE 30, 2024 AT A COST OF $361,050.00 IN FISCAL YEAR 2019-2020 WHEREAS, the City has contracted with the City of San Diego for fire and emergency medical dispatch services since July 1, 2013; and WHEREAS, the City of San Diego provides dispatch services for the Metro Zone, which includes San Diego, Chula Vista, Coronado, Imperial Beach, National City, and Poway; and WHEREAS, the National City Fire Department (NCFD) believes that the City of National City's interests are best served with the City of San Diego continuing to provide the City's fire and emergency medical dispatch services in the Metro Zone; and WHEREAS, the City of National City will compensate the City of San Diego for dispatching services fee in the amount of $361,050.00 for Fiscal Year 2019-2020; and WHEREAS, dispatch fees will be subject to change each subsequent 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);and WHEREAS, the term of this Agreement will become effective July 1, 2019 and will expire at midnight on June 30, 2024 with the option to extended this Agreement for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization and the authorization of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a five (5) year Agreement between the City of National City and the City of San Diego to provide fire and emergency medical dispatch services effective July 1, 2019 through June 30, 2024 in an amount not -to - exceed of $361,050 for FY 19/20. PASSED and ADOPTED this 18th day of June Alejand ATTEST: ? 1 Michael . Dalla, City Clerk APPROVED AS TO FORM: s, Mayor A ' . is -Jo,.= , C y Attorney Passed and adopted by the Council of the City of National City, California, on June 18, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-103 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 020 r3-2 MEETING DATE: June 18, 2019 AGENDA ITEM NO. 33 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Agreement between the City of San Diego and City of National City to provide fire and emergency medical dispatch services for a term of 5 years starting on July 1, 2019 to June 30, 2024 at a cost of $361,050 in Fiscal Year 2019-20. (Fire) PREPARED BY: Frank Parra DEPARTMENT: F e E PHONE: 619-336-4551 APPROVED BY:-. EXPLANATION: The City has contracted with the City of San Diego for fire and emergency medical dispatch services since July 1, 2013. The City of San Diego provides dispatch services for the Metro Zone, which includes San Diego, Chula Vista, Coronado, Imperial Beach, National City, and Poway. The National City Fire Department (NCFD) supports the City the City of San Diego continuing to provide the City's fire and emergency medical dispatch services in the Metro Zone. The City will pay the City of San Diego a dispatching fee for services in the amount of $361,050. Dispatch fees will be subject to change each subsequent fiscal year based on the following: a) The adopted budget for personnel costs which includes fringe and overhead, call volume and; b) Prior year actuals for non - personnel expenditures (NPE). The term of the Agreement will become effective as of July 1, 2019 and will expire at midnight on June 30, 2024. The term may be extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization of a contract extension and the authorization of the City of National City. NCFD requests that the City Council approve and authorize the Mayor to sign an Agreement between the City of San —ego and City of National City regarding fire and emergency medical dispatch services. FINANCIAL STATEMENT: APPROVED: inance ACCOUNT NO. APPROVED: './(J MIS The City will pay the City of San Diego a dispatching fee for services in the amount of $361,050 in Fiscal Year 2019-20. Dispatch fees will be subject to change each subsequent fiscal year based on the following: a) The adopted budget for personnel costs which includes fringe and overhead, call volume; b) Prior year actuals for non -personnel expenditures (NPE). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement between the City of San Diego and City of National City regarding fire and emergency medical dispatch services 2. Attachment 1: Annual Operating Plan 3. Attachment 2: Data Sharing Agreement 4. Resolution n �i, 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 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 dated , approved by National City'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, 2019 and shall expire at midnight on June 30, 2024. 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 Agreement term may be extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization of a contract extension and the authorization of Agency. 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. 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: Page 1 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY i. Automated triage with call downgrading features. ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances within Agency's jurisdiction, via an automated Computer Aided Dispatch ("CAD") to CAD interface. 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. e) Fire Station Alerting via a CAD to a station alerting interface. San Diego will interface with Agency's existing, self -managed station alerting system given that it is supported by San Diego's existing interface system, currently USDD, and as an unsupported legacy option for WestNet. f) Mobile Data Computer ("MDC") or other mobile platform services including mapping, live - routing, and loading of Agency's self -managed pre -plans. g) Records Management System ("RMS") services for a CAD to a Fire RMS interface given that it is supported by San Diego's existing interface system, currently WATER, and a FireHouse interface as an unsupported legacy option. Agency will bear the costs for other new, unsupported interfaces if required. h) Additionally, Agency may receive a periodic download of CAD data. i) 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 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. j) 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 to 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. 1. For Dispatching Services. San Diego shall be compensated for the performance of services and specified in Section B1 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). Page 2 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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 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. 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. 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 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 Agency 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, its 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 alleged to be arising from the negligence or willful misconduct of San Diego, its agents, officers, or employees. 2. San Diego agrees to defend, indemnify, protect, and hold Agency and its 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 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, its 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, its agents, officers, or employees. F. RIGHT TO TERMINATE FOR CONVENIENCE Either Party may terminate the services agreed to pursuant to this Agreement 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 one hundred & eighty (180) days after the receipt of this notice by the noticed Party. Page 3 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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, 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. H. 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. 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 Agency 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 Agency to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, Agency shall submit the necessary documents to San Diego. 1. Agency 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, Agency shall not recommend or specify any product, supplier, or contractor with whom Agency has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If Agency 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 Page 4 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY subjects Agency to liability to San Diego for attorney fees and all damages sustained as a result of the violation. K. 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 either Party's request, the other Party, and its agents, officers, and employees agree to assist in resolving the dispute or litigation. Each Party's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 1. Compensation for Mandatory Assistance. The Party seeking the assistance of the other Party will reimburse the assisting Party for any fees and expenses incurred for required Mandatory Assistance as Additional Services. The Party seeking the assistance shall, in its sole discretion, determine whether these fees, expenses, and services rendered under this Section, were necessary due to the assisting Party or its agents', officers', and employees' conduct or failure to act. If the Party seeking assistance determines that such fees, expenses, or services were necessary due to the other Party's or its agents', officers', and employees' conduct, in part or in whole, the Party seeking assistance is entitled to be reimbursed for any payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including either Party's withholding of payment to the other. 2. Attorney Fees related to Mandatory Assistance. In providing each other with dispute or litigation assistance, a Party, or its agents, officers, and employees may incur expenses and/or costs. The other Party agrees that any attorney fees it may incur as a result of assistance provided under this Section (with the exception for attorney fees as provided in Section K, below) are not reimbursable. L. 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. M. 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. N. 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. O. 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 facsimile transmission, upon acknowledgment of receipt Page 5 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY 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: San Diego Fire -Rescue Department / ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To National City at: City of National City Attn: Frank Parra, Director of Emergency Services 1243 National City Blvd. National City, CA 91950 With a copy to: San Diego Fire -Rescue Department Attn: Fire Chief 600 B Street, 13th Floor San Diego, CA 92101 With a copy to: City of National City Attn: City Attorney 1243 National City Blvd. 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, a municipal corporation. By: Date signed: Alejandra Sotelo-Solis, Mayor I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. By: Nicole Pedone, Senior Assistant City Attorney CITY OF SAN DIEGO, A Municipal Corporation By: Date signed: Colin Stowell, Fire Chief I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. MARA W. ELIOTT, San Diego City Attorney By: Noah J. Brazier, Deputy City Attorney Page 6 of 7 DISPATCH SERVICES AGREEMENT — SAN DIEGO / NATIONAL CITY ADDENDUM A No special services are applicable at this time. Page 7 of 7 ATTACHMENT 1: ANNUAL OPERATING PLAN Estimated Annual Operating Plan City of National City Dispatching Services by San Diego Fire Rescue Fiscal Year 2018 Actual Calls 7,500 Projected Increase or Decrease (X%) 5% Total Dispatching Costs $ 9,665,402.34 Total 911 Calls Processed by San Diego 200,760 FY19 Cost per Call $ 48.14 Additional Services & Equipment (prices variable based on quotes for actual equipment/services ordered) Annual Price or Item or Service Description Unit Price QTY MIX Software License ($300 per kerne per yew $ 300.00 CraddlePoint Modems ($698.92 per modem per year) $ 698.92 CraddlePoint Net Clould Manager $ - Pagers $ 54.00 Phones $ 99.00 Phone Data ($49.99 per device per month) $ 599.88 Meraki Mobile Device Mgmt $24.42 per device per month) $ Zipit Paging App ($6.25 per device, per month) $ FirstWatch (based on quote) $ FireView (based on quote) $ INTTERRA (based on quote) $ TabletCommand (basedon quote per license) $ 293.04 75.00 0 0 0 0 0 0 0 0 0 0 0 0 Total * FY 2019 Billing Schedule August $90,262.50 October $90,262.50 January $90,262.50 April $90,262.50 $361,050.00 * Amount subject to change for FY2020. Cost estimates will be based on actual expenditures and adopted budget. National City AOP (Estimate) 1 of 1 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. Page 1 of 5 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 VisiNet 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 Page 2 of 5 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: San Diego Fire -Rescue Department / ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To Chula Vista at: Agency Name Title Street Address City, State ZIP To Coronado at: Coronado Fire Department Attn: Fire Chief 1001 6th Street Coronado, CA 92118 To Imperial Beach at: City of Imperial Beach Attn: Chief John French 825 Imperial Beach Blvd. Imperial Beach, CA 91932 To National City at: City of National City Attn: Frank Parra, Director of Emergency Services 1243 National City Blvd. National City, CA 91950 To Poway at: City of Poway Attn: Director of Safety Services PO Box 789 Poway, CA 92074-0789 With a copy to: San Diego Fire -Rescue Department Attn: Fire Chief 600 B Street, 13th Floor San Diego, CA 92101 With a copy to: Agency Name Title Street Address City, State ZIP With a copy to: City of Coronado Attn: City Manager 1825 Strand Way Coronado, CA 92118 With a copy to: City of Imperial Beach Attn: City Attorney 825 Imperial Beach Blvd. Imperial Beach, CA 91932 With a copy to: City of National City Attn: City Attorney 1243 National City Blvd. National City, CA 91950 With a copy to: City of Poway Attn: City Attorney 13325 Civic Center Drive 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: Date signed: Colin Stowell, Fire Chief I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. MARA W. ELIOTT, San Diego City Attorney By: Noah J. Brazier, Deputy 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: Date signed: Name, Title I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019 By: 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 day of , 2019. By: JOHANNA 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. By: Date signed: Andy Hall, City Manager I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. By: JENNIFER M. LYON, Imperial Beach City Attorney 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: Name, Title I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. By: Name City Attorney 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. By: Date signed: Tina White, City Manager I HEREBY APPROVE the form of the foregoing Agreement, this day of , 2019. Rutan & Tucker, LLP By: Alan Fenstermacher, Poway City Attorney Page 5 of 5 RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO PROVIDE FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES FOR A TERM OF 5 YEARS EFFECTIVE JULY 1, 2019 THROUGH JUNE 30, 2024 AT A COST OF $361,050.00 IN FISCAL YEAR 2019-2020 WHEREAS, the City has contracted with the City of San Diego for fire and emergency medical dispatch services since July 1, 2013; and WHEREAS, the City of San Diego provides dispatch services for the Metro Zone, which includes San Diego, Chula Vista, Coronado, Imperial Beach, National City, and Poway; and WHEREAS, the National City Fire Department (NCFD) believes that the City of National City's interests are best served with the City of San Diego continuing to provide the City's fire and emergency medical dispatch services in the Metro Zone; and WHEREAS, the City of National City will owe the City of San Diego a dispatching fee for services in the amount of $361,050.00 for Fiscal Year 2019-20; and WHEREAS, dispatch fees will be subject to change each subsequent 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);and WHEREAS, the term of the Agreement will become effective July 1, 2019 and will expire at midnight on June 30, 2024 with the option to extended the Agreement for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization and the authorization of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a five (5) year Agreement between the City of National City and the City of San Diego to provide fire and emergency medical dispatch services effective July 1, 2019 through June 30, 2024 in an amount not -to - exceed of $361,050 for FY 19/20. PASSED and ADOPTED this 18th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil Morris -Jones, City Attorney 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 and Data Sharing Services The City of San Diego retained their fully executed duplicate original Agreements.