HomeMy WebLinkAboutC-1657CITY AGREEMENT 20,357
AMENDED AND RESTATED
VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF ARCADIA
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE, and
the CITY OF PASADENA (hereinafter referred to collectively as the " VERDUGO CITIES ") and the
CITY OF ARCADIA (hereinafter referred as the "CONTRACTING CITY ").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the basis
for effective mobilization and dispatch of all available firefighting and emergency medical resources,
have agreed to operate a joint fire communications system ( "VERDUGO SYSTEM ");
Whereas the CONTRACTING CITY has contracted for dispatching of emergency fire and medical
response with VERDUGO CITIES continuously since 1999 and desires to continue to contract with
the VERDUGO CITIES for the dispatching of emergency fire and medical response;
Whereas the CONTRACTING CITY may be called upon to provide mutual aid services or automatic
aid services to cities in the Verdugo System and other jurisdictions as designated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to the
provisions of California Government Code Sections 6500 et. seq. and the Parties intend that nothing
in this Agreement shall be so construed. The Parties have no intent to create hereby a separate legal
entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10 -digit emergency and direct connect (formerly called ring -down, or
"P" line) calls on numbers /circuits provided by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre - arrival and life saving protocols as
established by Los Angeles County Fire and approved by Los Angeles
County Department of Health Services;
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VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
6. Enter incident information into computer aided dispatch system (CAD),
including verified incident address /location, specific location information,
informant's location, informant's telephone number, source code for call,
basic EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status
changes from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document all incident and pertinent non - incident information;
9. Review CAD recommended quantity and type of equipment, alert fire
stations by electronic transmission, data and hard copy printout over mobile
data system, transmitting tones over voice system, and broadcasting vocal
dispatch on designated frequency(s);
10. Provide routine and emergency voice communications;
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action
and Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Provide CAD and MIS records management, storage and standard reports;
16. Provide access to CAD information;
17. Provide access to unit histories, unit status, rosters and information;
18. Handle and coordinate FIRST team responses;
19. Request and coordinate mass casualty resources;
20. Provide staff notification by alarm level and/or incident type via wireless
device;
21. Notify and coordinate with other city departments and outside agencies as
required;
22. Provide recording and retention of radio and telephone transmissions
consistent with California law;
23. Provide an annual report of operations; and
24. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Provide equipment hardware and software which interface with the
VERDUGO SYSTEM, (unless otherwise agreed to by all Parties), which
include but are not limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already
included or provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and
transmit voice and data signals with features consistent with the
VERDUGO SYSTEM;
(c) Reliable voice and data mobile radios and terminals in all fire
apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
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VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
(d) Reliable voice portable radios for all personnel, with the capabilities
and features consistent with the VERDUGO SYSTEM;
(e) Voice and/or alpha- numeric pagers or other wireless devices capable
of functioning with the VERDUGO SYSTEM;
(f) Computers and portable radios capable of communication with
VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO
SYSTEM CAD, including street location data, city maps and other
landmark/common place addresses, high value or brush areas,
freeway information, and target hazards;
2. Provide listing of all apparatus, including radio designations, cross - staffed
manned units and special response vehicles;
3. Provide Fire Department personnel list including titles, radio call signs, office
and home phone numbers, pager and cellular telephone numbers;
4. Provide a list of key City personnel and telephone directory;
5. Provide a list of receiving hospitals and access method for paramedics;
6. Provide copies of mutual aid, automatic aid, initial action or other inter-
agency agreements;
7. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
8. Provide copies of FCC licenses;
9. Comply with VERDUGO SYSTEM policies;
10. Use VERDUGO SYSTEM incident type codes, priorities and categories;
11. Approve Emergency Medical Dispatcher Program currently in use; and
12. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
II. EQUIPMENT
A. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under
Section I.B. above. Unless otherwise provided, CONTRACTING CITY shall be
responsible for all costs relating to the purchase and installation of all such
equipment. In addition to the equipment, CONTRACTING CITY shall be solely
responsible for the cost of any additional or related equipment or hardware, software
or labor needed to implement its obligations under this Agreement, whether listed or
not, including, but not limited to, installation, testing, light /audio relays, shipping,
insurance, taxes, antennas and coax, public address system, speakers, and power
supplies. Title and ownership of all installations to the VERDUGO SYSTEM, in
order to serve the CONTRACTING CITY, shall pass to the VERDUGO CITIES,
including but not limited to, hardware, and software.
B. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the
current level of service. The VERDUGO CITIES will provide notice to
CONTRACTING CITY of any anticipated purchase, where the costs of purchase of
equipment that is the responsibility of the CONTRACTING CITY under section ILA.
above are to be borne by the CONTRACTING CITY.
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VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
III. TERM
This Agreement shall become effective on July 1, 2009, ( "EFFECTIVE DATE ") and remain in effect
for a period of three years or until terminated in accordance with the termination provisions herein,
whichever occurs earlier.
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost Until June 30, 2010. Beginning with the EFFECTIVE DATE
and until June 30, 2010, CONTRACTING CITY shall pay $250,968.00, payable in
two equal semi - annual installments.
B. Per Incident Cost After July 1, 2010. After July 1, 2010, the annual cost shall be
$60.00 per incident dispatched multiplied by the actual number of calls dispatched
during the preceding calendar year. Thereafter, VERDUGO CITIES shall increase the
rate for per incident dispatched by 5% per year, rounded to the nearest dollar. The
cost per call for CONTRACTING CITY shall not exceed this amount in any single
year, unless the overall cost for the VERDUGO SYSTEM is substantially increased
by unplanned events, including, but not limited to atypical increases in the Public
Employee Retirement System, catastrophic hardware system failures, or natural
disasters.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed to
require any of the VERDUGO CITIES to incur any non - reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions, or
to require the VERDUGO SYSTEM to modify, alter, add to, remove or transform
any of its existing equipment, system or facilities to implement any of the provisions
of this Agreement. It is the intent of this Agreement, and the Parties acknowledge
and agree, that any such changes, modifications or alterations shall be at the sole cost
of the CONTRACTING CITY.
D. Billing. For services rendered for any full fiscal year, CONTRACTING CITY shall
be billed by written invoice every January and July of each year for the services
provided in this Agreement on a semiannual basis, in advance. All invoices shall be
payable within thirty (30) days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. VERDUGO CITIES shall provide CONTRACTING CITY
the nonexclusive use of an available Verdugo talk group for the sole use of the
Arcadia Fire Department on the VERDUGO CITIES radio system. This talk group
shall only be used in the ordinary course of business to provide fire services to the
public. CONTRACTING CITY agrees that it shall utilize no more than 125
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VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
subscriber radios on the radio system. CONTRACTING CITY shall arrange and pay
for any and all programming of radios, and shall request approval of the City of
Glendale in advance of programming any additional radios to be utilized on the radio
system.
B. Restrictions on Use of Talk Groups: Any use of talk groups by Subscribers shall
be in accordance with the rules and regulations of the Federal Communications
Commission and all other applicable state and federal laws.
C. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all maintenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the City of Glendale to ensure reliability of the radio
system.
D. Fees for Use of Talk Groups. In consideration of infrastructure contributed by the
VERDUGO CITIES to the Interagency Communication Interoperability Network,
(ICIS), the VERDUGO CITIES and ICIS waive all fees for the use of the talkgroups
until May, 2017. CONTRACTING CITY agrees that the waiver of the fee is limited
to its use of radios not to exceed 125 subscriber units per month, utilized solely by
the Arcadia Fire Department. For purposes of this agreement, "radio" includes
mobile, portable, and station alerting radio equipment.
E. Disclaimer. The radio roaming services provided pursuant to this Agreement are
offered with no warranty and are at the CONTRACTING CITY's sole risk.
VERDUGO CITIES DO NOT REPRESENT OR WARRANT THAT THE RADIO
ROAMING SERVICES WILL MEET CONTRACTING CITY's REQUIREMENTS
OR WILL BE UNINTERRUPTED, SECURE OR ERROR -FREE.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenance performed on the equipment and each shall be solely responsible for all
claims, liability, loss, suits, damages, costs, and expenses (including attorneys, fees
and costs of litigation) and personal injuries (including death at anytime) resulting
directly or indirectly from, or arising out of, its own operation and use of, and its own
repairs and maintenance performed on the equipment and accessories. Each Party
shall bear the full legal and financial responsibility for its own conduct, actions and
omissions carried out in the performance of that Party's obligations and
responsibilities under this Agreement.
Page 5 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIA]
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of this
Agreement, and with respect to Section I.A.12. above, the CONTRACTING CITY
shall indemnify, defend and hold harmless the VERDUGO CITIES and any other
public service provider, from and against any claims or liability, including death,
injury or property damage, and including the costs of defense, arising out of the
making of any calls, initiating any contact, or other actions or omissions relating to
Area, Regional and /or specific agency mutual aid and /or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree that
whenever such mutual aid and/or automatic aid is contacted or otherwise summoned
by the VERDUGO CITIES, such contact is made as a courtesy in order to facilitate
the implementation of such mutual aid and /or automatic aid and is not intended to
create any liability on the part of the VERDUGO CITIES or any public service
provider which provides such mutual aid or automatic aid. All liability for salaries,
wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements, either
oral or in writing, between the parties hereto with respect to the subject matter hereof,
and no other Agreement, statement, or promise relating to the subject matter of this
Agreement which is not contained herein shall be valid or binding. In interpreting
this Agreement and resolving any ambiguities, this Agreement will take precedence
over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this Agreement's
language is uncertain, the Agreement shall not be construed against the Party causing
the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed
by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any document
required herein to be executed be declared invalid, void or unenforceable, all
remaining parts, terms and provisions hereof shall remain in full force and effect and
shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
Page 6 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIA]
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in exchange
for payment of the sum(s) allegedly due; performance of the term(s) or covenant(s)
allegedly breached or violated; or consideration substantially equal to the relief
sought in the action. "Reasonable attorneys' fees" of the City Attorney's office
means the fees regularly charged by private attorneys who: (a) practice in a law firm
located in Los Angeles County; and (b) have an equivalent number of years of
professional experience in the subject matter area of the law for which the City
Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of
that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights or
benefits to any party other than VERDUGO CITIES and CONTRACTING CITY.
All duties and responsibilities under this Agreement shall be for the sole and
exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not for
the benefit of any other party. CONTRACTING CITY shall not assign any right or
interest in this Agreement, and shall not delegate any duty owed, without VERDUGO
CITIES' prior written consent. Any attempted assignment or delegation shall be void
and totally ineffective for all purposes, and shall constitute a material breach upon
which VERDUGO CITIES may immediately terminate or suspend this Agreement.
In the event the VERDUGO CITIES consents to an assignment or delegation, the
assignee, delegatee, or its legal representative shall agree in writing to personally
assume, perform, and be bound by this Agreement's covenants, conditions,
obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
L Time is of the Essence. Whenever a task is to be performed by CONTRACTING
CITY herein same shall be performed consistent with any time constraints set forth
hereunder including exhibits, time being considered of the essence of this Agreement.
Unless otherwise specified in this Agreement, all references to "days" refer to
calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future beyond the reasonable control
of such party which include but are not limited to acts of God, labor disputes or civil
unrest. Any delays beyond the control of the Parties shall automatically extend the
time schedule as set forth in this Agreement by the period of any such delay.
Page 7 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
K. Notices. Notices hereunder must be in writing and, unless otherwise provided herein,
shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage
prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or
at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number
set forth below or to such other or further facsimile number provided in a notice sent
under the terms of this paragraph, on the date of transmission of that facsimile.
Should any of the Parties have a change of address, they shall immediately notify the
other Parties in writing of such change, provided, however, that each address for
notice must include a street address and not merely a post office box. All notices,
demands or requests shall be given to following addresses:
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818 - 238 -3473
Fax. No. 818- 238 -3483
City of Arcadia:
Fire Chief
Arcadia Fire Department
710 S. Santa Anita Ave.
Arcadia, CA 91006 -3587
Tel. No. 626 -574 -5100
Fax. No. 818- 446 -7410
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204 -1298
Tel. No. 818 -548 -4814
Fax. No. 818 -547 -1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
199 S. Los Robles Ave., Ste. 550
Pasadena, CA 91101 -2458
Tel. No. 626 - 744 -4675
Fax. No. 818 -585 -9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 8 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIA]
CITY OF ARCADIA
Date: S 7 -%D
By: �?
City Manager
(SEAL)
ATT i;City
By: Clerk
J ///////////////���ppp��1/////////���
APPROVED AS TO FORM THIS � � day of , 2010.
k�� V / j
City Attorney
CITY OF BURBANK
Date: C'' S- - 10
ATTEST:
By:
City Jerk
/ day of * '2010.
A/,PVED
O FORM THIS
By:
City Manager
(SEAL)
Page 9 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
CITY OF GL NDALE
Date: l` -viliz)
ATTEST:
By: — -
Cit Cle
G(.
(Y.
1
ty Manager
(SEAL)
AS TO F�RM THIS ;U%cl day of 52010.
CITY OF PASADENA
Date: � 7 /V _9 l
AT]
By:
APP R JASTO
ttorney
�f
By:
f--l'-City Manager
(SEAL)
THIS V day A LAk� .2010.
Page 10 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of this
Agreement, and with respect to Section I.A.12. above, the CONTRACTING CITY
shall indemnify, defend and hold harmless the VERDUGO CITIES and any other
public service provider, from and against any claims or liability, including death,
injury or property damage, and including the costs of defense, arising out of the
making of any calls, initiating any contact, or other actions or omissions relating to
Area, Regional and /or specific agency mutual aid and /or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree that
whenever such mutual aid and/or automatic aid is contacted or otherwise summoned
by the VERDUGO CITIES, such contact is made as a courtesy in order to facilitate
the implementation of such mutual aid and /or automatic aid and is not intended to
create any liability on the part of the VERDUGO CITIES or any public service
provider which provides such mutual aid or automatic aid. All liability for salaries,
wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements, either
oral or in writing, between the parties hereto with respect to the subject matter hereof,
and no other Agreement, statement, or promise relating to the subject matter of this
Agreement which is not contained herein shall be valid or binding. In interpreting
this Agreement and resolving any ambiguities, this Agreement will take precedence
over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this Agreement's
language is uncertain, the Agreement shall not be construed against the Party causing
the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be governed
by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any document
required herein to be executed be declared invalid, void or unenforceable, all
remaining parts, terms and provisions hereof shall remain in full force and effect and
shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
Page 6 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIA]
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in exchange
for payment of the sum(s) allegedly due; performance of the term(s) or covenant(s)
allegedly breached or violated; or consideration substantially equal to the relief
sought in the action. "Reasonable attorneys' fees" of the City Attorney's office
means the fees regularly charged by private attorneys who: (a) practice in a law firm
located in Los Angeles County; and (b) have an equivalent number of years of
professional experience in the subject matter area of the law for which the City
Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach of
that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights or
benefits to any party other than VERDUGO CITIES and CONTRACTING CITY.
All duties and responsibilities under this Agreement shall be for the sole and
exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not for
the benefit of any other party. CONTRACTING CITY shall not assign any right or
interest in this Agreement, and shall not delegate any duty owed, without VERDUGO
CITIES' prior written consent. Any attempted assignment or delegation shall be void
and totally ineffective for all purposes, and shall constitute a material breach upon
which VERDUGO CITIES may immediately terminate or suspend this Agreement.
In the event the VERDUGO CITIES consents to an assignment or delegation, the
assignee, delegatee, or its legal representative shall agree in writing to personally
assume, perform, and be bound by this Agreement's covenants, conditions,
obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
L Time is of the Essence. Whenever a task is to be performed by CONTRACTING
CITY herein same shall be performed consistent with any time constraints set forth
hereunder including exhibits, time being considered of the essence of this Agreement.
Unless otherwise specified in this Agreement, all references to "days" refer to
calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future beyond the reasonable control
of such party which include but are not limited to acts of God, labor disputes or civil
unrest. Any delays beyond the control of the Parties shall automatically extend the
time schedule as set forth in this Agreement by the period of any such delay.
Page 7 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
K. Notices. Notices hereunder must be in writing and, unless otherwise provided herein,
shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage
prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or
at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number
set forth below or to such other or further facsimile number provided in a notice sent
under the terms of this paragraph, on the date of transmission of that facsimile.
Should any of the Parties have a change of address, they shall immediately notify the
other Parties in writing of such change, provided, however, that each address for
notice must include a street address and not merely a post office box. All notices,
demands or requests shall be given to following addresses:
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818 - 238 -3473
Fax. No. 818- 238 -3483
City of Arcadia:
Fire Chief
Arcadia Fire Department
710 S. Santa Anita Ave.
Arcadia, CA 91006 -3587
Tel. No. 626 -574 -5100
Fax. No. 818- 446 -7410
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204 -1298
Tel. No. 818 -548 -4814
Fax. No. 818 -547 -1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
199 S. Los Robles Ave., Ste. 550
Pasadena, CA 91101 -2458
Tel. No. 626 - 744 -4675
Fax. No. 818 -585 -9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 8 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIA]
CITY OF ARCADIA
Date: S 7 -%D
By: �?
City Manager
(SEAL)
ATT i;City
By: Clerk
J ///////////////���ppp��1/////////���
APPROVED AS TO FORM THIS � � day of , 2010.
k�� V / j
City Attorney
CITY OF BURBANK
Date: C'' S- - 10
ATTEST:
By:
City Jerk
/ day of * '2010.
A/,PVED
O FORM THIS
By:
City Manager
(SEAL)
Page 9 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
CITY OF GL NDALE
Date: l` -viliz)
ATTEST:
By: — -
Cit Cle
G(.
(Y.
1
ty Manager
(SEAL)
AS TO F�RM THIS ;U%cl day of 52010.
CITY OF PASADENA
Date: � 7 /V _9 l
AT]
By:
APP R JASTO
ttorney
�f
By:
f--l'-City Manager
(SEAL)
THIS V day A LAk� .2010.
Page 10 of 10
VERDUGO DISPTACH AGREEMENT 2009 ARCADIAI
CITY AGREEMENT NO. 18,793
• �, Iwo ---;a
C �loa7�p I
VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT
This Agreement (hereinafter "Agreement ") is made by and between the CITY OF GLENDALE,
the CITY OF BURBANK, and the CITY OF PASADENA (hereinafter referred to collectively as
the WERDUGO CITIES ") and the CITY OF ARCADIA (hereinafter referred to as the
"CONTRACTING CITY').
I. PURPOSE
The " VERDUGO SYSTEM" was previously created by agreement for the express purpose of
operating a joint communication system to provide mobilization, organization and operation
of the fire and emergency medical resources within the VERDUGO CITIES, to minimize the
effect of fire and disaster and to provide the basis for effective mobilization and dispatch of
all available firefighting and emergency medical resources within said cities.
The CONTRACTING CITY desires to contract with the VERDUGO CITIES for the purpose
of providing for the dispatching of emergency fire and medical response for the
CONTRACTING CITY. The parties agree that providing such operations through the
VERDUGO SYSTEM will be efficient and economically in the best interests of the respective
parties.
The purpose of this Agreement is to set forth the respective rights, duties, obligations, costs
and other necessary provisions relating to each of the parties (hereafter collectively referred
to as the `PARTICIPATING PARTIES ") in order to facilitate the orderly and efficient
provision of specified services.
The parties acknowledge that the VERDUGO CITIES, and specifically, the City of Glendale,
have substantial operational experience in providing these types of specified services.
It is also the purpose of this Agreement to assure the ongoing and continued participation of
the CONTRACTING CITY in order to effectively and efficiently provide the services specified
herein to the satisfaction and benefit of the PARTICIPATING PARTIES hereto, including any
mutual aid services provided between the CONTRACTING CITY and other cities pursuant to
written agreement.
It is also the purpose of this Agreement to supplement the JOINT FIRE COMMUNICATIONS
SYSTEM AGREEMENT ( "JFCSA "), and not to amend, alter or modify said JFCSA. The
parties acknowledge and agree that whenever there is a conflict, either actual or implied,
between this Agreement and the JFCSA, the provisions, terms and conditions of the latter
shall prevail.
II. RESPONSIBILITIES
A. RESPONSIBILITIES OF VERDUGO CITIES
6
It shall be the responsibility of the VERDUGO CITIES to operate the VERDUGO
SYSTEM and to do all of the following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 7 digit emergency and direct connect (ring -down, or "P" line) calls
on numbers /circuits provided by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre - arrival and life saving protocols
as established by Los Angeles County Fire and approved by Los Angeles
County Department of Health Services;
6. Enter incident information into computer assisted dispatch system (CAD),
including verified incident address /location, specific location information,
informant's location, informant's telephone number, source code for call,
basic EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status
changes from mobile units initiated on mobile data system (MDT);
8. Electronically document all incident and pertinent non incident information;
9. Review CAD recommended quantity and type of equipment, alert fire
stations by electronic transmission, data and hard copy print out over
mobile data system, transmitting tones over voice system, and
broadcasting vocal dispatch on designated frequency(s);
10. Provide routine and emergency voice communications;
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action
and Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Provide initial news media notifications;
15. Maintain CAD databases;
2
0 6
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty;
21. Provide staff notification by alarm level and /or incident type via wireless
devices;
22. Notify and coordinate with other city departments and outside agencies as
required;
23. Provide recording and retention of radio and telephone transmissions;
24. Provide annual report of operations; and
25. Provide management and supervision to achieve desired results.
B. RESPONSIBILITIES OF CONTRACTING CITY
It shall be the responsibility of the CONTRACTING CITY to do all of the following:
1. Provide telephone and 911 hardware, software, upgrades, lines,
instruments, terminations, installation, monthly service or capability not
already included or provided, including routing coordination;
2. Provide a voice radio system comprised of a sufficient number of channels
which adequately covers areas of operation, using reliable equipment and
sites, and interface same with the existing VERDUGO voice radio
communications system, unless otherwise agreed to or modified by mutual
consent;
3. Provide a data radio system comprised of a sufficient number of channels,
which adequately covers area of operation using reliable equipment and
sites, and interface same with the existing VERDUGO data radio
communications system, unless otherwise agreed to or modified by mutual
consent;
4. Equip fire stations to receive and transmit voice and data signals with
features consistent with the VERDUGO system for the purpose of
dispatching resources, using reliable equipment and interface same to the
communications systems agreed to or modified by mutual consent;
3
9 0
5. Equip vehicles with reliable voice and data mobile radios and terminals with
capabilities and features consistent with the VERDUGO system and
interface same to the communications systems agreed to or modified by
mutual consent;
Provide personnel with reliable voice portable radios with the capabilities
and features consistent with the VERDUGO system and interface same to
the communications system agreed to or modified by mutual consent;
Provide voice and /or alpha- numeric pagers capable of functioning with the
equipment of the VERDUGO system;
Provide computers capable of communication and providing features and
capabilities consistent with current VERDUGO SYSTEM;
9. Provide geographic file information suitable for entry into VERDUGO
SYSTEM CAD, including street location data, including plot, city maps and
other landmark/common place addresses, high value or brush areas,
freeway information, target hazards, etc.;
10. Provide listing of all apparatus, including radio designations, cross - staffed
units and special response vehicles;
11. Provide dispatch tables, algorithms, files protocols, dispatch
recommendations, move -ups, etc.;
12. Provide department personnel list including titles, radio call signs, office
and home phone numbers, pager and cellular telephone numbers;
13. Provide list of key City personnel and telephone directory;
14. Provide list of receiving hospitals and access method for paramedics;
15. Provide copies of mutual aid, automatic aid, initial action or other inter-
agency agreements;
16. Provide initial and ongoing system training to all radio users;
17. Provide copies of FCC licenses;
18. Agree to comply with VERUGO SYSTEM Radio and Communications
Policies;
19. Use VERDUGO SYSTEM incident type codes, priorities and categories;
20. Approve Emergency Medical Dispatcher Program currently in use;
ll
21. Provide agency representative as needed to ensure successful
implementation; and
22. Provide agency representative to VERDUGO Task Force committee.
C. JOINT RESPONSIBILITIES
In addition to the above responsibilities of the parties, it shall be the joint responsibility of
all of the PARTICIPATING PARTIES, in good faith, to discuss each of the following
areas:
Radio system infrastructure and requirements;
2. Telephone system capability and requirements;
3. Records management and/or CFI RS requirements;
4. Management Information System requirements;
5. Unit and fire station numbering conflicts;
6. Responsibility for processing 9 -1 -1 miss - routes and MSAG database
coordination;
7. Service levels and other issues;
8. Disaster mode and backup emergency contingency plans;
9. Electronic mail and group messaging requirements; and
10. Personnel costs.
In the event agreement is not reached, or until such agreement is in fact reached, the city
designated pursuant to the JFCSA, (or any amendments thereto), shall use its best
efforts to establish the cost(s) and /or procedures necessary to implement this
Agreement.
III. EQUIPMENT
CONTRACTING CITY shall purchase, install, test and maintain the following equipment and
hardware. In addition to the following listed equipment, CONTRACTING CITY shall be
solely responsible for the cost of any additional or related equipment or hardware needed to
implement this Agreement, whether listed or not, including, but not limited to, installation,
testing, light/audio relays, shipping, insurance, taxes, antennas and coax, public address
system, speakers, and power supplies.
A. FIRE ALERTING SYSTEM
CAD data MDT Fire Station Alerting System
(Note: Includes radio, power supply, radio cable, antenna, heliax, IQ
modems, printer cable, software)
2. A professional quality receiver on designated dispatch channel(s)
Decoder for manual alerting and/or external sound device
(Note: 5/6 tone or other format available at VERDUGO to include
individual, group and all -call capability)
4. Hard copy dot matrix printer for dispatch information
B. MOBILE DATA TERMINALS
Capable of working with existing VERDUGO SYSTEM and approved for
use by VERDUGO.
C. CAD ACCESS TERMINAL (PC OR MAC)
To be used for status inquiries, times and numbers, incident history,
incident history logs, etc.;
2. Requires a computer with sufficient memory, speed and disk space; and
3. Requires compatible modem, software, telephone line connection and/or
other high -speed connection including one time installation and recurring
charges.
IV. COSTS
A. By April 1 of each year, VERDUGO CITIES shall provide CONTRACTING CITY
with CONTRACTING CITY'S cost for the fiscal year beginning on the next July 1.
Cost to CONTRACTING CITY shall be determined by multiplying CONTRACTING
CITY's number of calls dispatched during the preceding calendar year, whether by
VERDUGO SYSTEM or others, by the cost per call of the VERDUGO CITIES.
The cost per call of the VERDUGO CITIES shall be determined by taking the
proposed operations and maintenance budget for the VERDUGO SYSTEM for the
fiscal year beginning on the next July 1 and dividing that figure by the number of
calls dispatched during the preceding calendar year for the VERDUGO CITIES
and CONTRACTING CITY. For the purposes of this agreement, the VERDUGO
SYSTEM budget shall exclude depreciation and capital outlay. In no event shall
the cost per call for CONTRACTING CITY increase by more than eight percent
(8 %) in any single year.
M
rIL
0
B. Title and ownership of all installations at the VERDUGO SYSTEM site needed to
implement this Agreement shall pass to the VERDUGO CITIES, including, but not
limited to, equipment, hardware, and software.
V. ADMINISTRATION
A. The services provided by this Agreement shall be administered by the
VERDUGO CITIES in accordance with the provisions of the existing JOINT
FIRE COMMUNICATIONS SYSTEM AGREEMENT.
B. For services during any full fiscal year, CONTRACTING CITY shall be billed by
written invoice for the services provided in this Agreement on a semiannual
basis. All invoices shall be payable within thirty (30) days after receipt.
C. In connection with the fees described in Section IV.B above, there shall be
added to each such billing, an administrative fee, equal to ten percent (10 %) of
the billed amount, which amount shall be paid to the City of Glendale or such
other city as may be designated in the JFCSA (or any amendments thereto), to
defray the cost of administering the Agreement and certain overhead
expenses not included in the budget of the VERDUGO SYSTEM.
D. Nothing in this Agreement shall be construed to require any of the VERDUGO
CITIES to incur any non - reimbursable cost and /or expense for the purpose of
implementing this Agreement, or any of its provisions, or to require the
VERDUGO SYSTEM to modify, alter, add to, remove or transform any of its
existing equipment, system or facilities to implement any of the provisions of
this Agreement. It is the intent of this Agreement, and the PARTICIPATING
PARTIES acknowledge and agree, that any such changes, modifications or
alternations shall be at the sole cost of the CONTRACTING CITY.
VI. INDEMNITY
A. Each PARTICIPATING PARTY to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all
operating equipment, arising from its own operation and use of, and its own
repairs and maintenance actually performed on the equipment and each shall
be solely responsible for all claims, liability, loss, suits, damages, costs, and
expenses (including attorneys' fees and costs of litigation) and personal
injuries (including death at anytime) resulting directly or indirectly from, or
arising out of, its own operation and use of, and its own repairs and
maintenance actually performed on the equipment and accessories. It is the
intent of the PARTICIPATING PARTIES that each PARTICIPATING PARTY
shall bear the full legal and financial responsibility for its own conduct, actions
and omissions carried out in the performance of that PARTICIPATING
PARTY'S obligations and responsibilities under this Agreement.
7
B. Workers' Compensation claims shall be paid by the employer of any injured
worker, and subrogation rights against all PARTICIPATING PARTIES are
expressly waived.
C. Notwithstanding any other provisions of this Agreement, the CONTRACTING
CITY shall indemnify the VERDUGO CITIES, and/or any city designated in the
JFCSA (or amendments thereto), from and against any claims or liability,
including death, injury or property damage, and including the costs of defense,
arising out of the making of any calls, initiating any contact, or other actions or
omissions relating to Area, Regional, and /or specific agency mutual aid
whenever such aid is contacted or otherwise summoned to respond from
outside of the jurisdiction of any CONTRACTING CITY. The parties
acknowledge and agree that whenever such mutual aid is contacted or
otherwise summoned by the VERDUGO CITIES, or such designated city, such
contact is made as a courtesy in order to facilitate the implementation of such
mutual aid and is not intended to create any liability on the part of the
VERDUGO CITIES and/or such designated city.
VII. TERM
A. This agreement shall become effective on July 1, 2004 upon execution by all
of the PARTICIPATING PARTIES. The Agreement shall remain operative and
effective for five (5) years from the effective date, or until terminated in
accordance with the termination provisions herein, whichever occurs first.
VIII. TERMINATION
A. CONTRACTING CITY may terminate its portion of this Agreement by giving
written notice of such intent to each other PARTICIPATING PARTY at least
one (1) year prior to the effective date of such termination.
B. In the event that the CONTRACTING CITY terminates this Agreement, or
otherwise ceases to accept and /or pay for the services contemplated by and
within this Agreement, the VERDUGO CITIES, acting by majority vote, shall
have the following options:
Continue this Agreement with the CONTRACTING CITY, upon the existing
terms and conditions, or upon such further and additional terms and
conditions as the VERDUGO CITIES and CONTRACTING CITY may
agree upon
ii. Terminate this Agreement in its entirety with respect to CONTRACTING
CITY, in accordance with the termination provision of this Agreement.
C. Nothing in this Agreement shall be deemed to require the VERDUGO CITIES
to continue to provide the services, which are the subject of this Agreement, in
the event that CONTRACTING CITY either terminates or otherwise ceases to
accept and /or pay for such services.
D. The VERDUGO CITIES, acting by majority vote, may terminate this
Agreement with CONTRACTING CITY by giving written notice of such intent to
CONTRACTING CITY at least one (1) year prior to the effective date of such
termination.
Z
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested to by the proper officers hereunder duly authorized, their official
seals to be heretofore affixed.
CITY OF ARCADIA
By: MA
City Manager
Dated:
ATTEST:
I�
By:��
City Clerk
APPROVED AS TO FORM:
P
City Attorney
CITY OF BURBANK
'p By:
City M na r
ND
Dated: 0-
f
ATTEST:
Cityerk
k AP OS TO FORM:
Irk
ity Attorney
Ye;
CITY OF GLENDALE
ATTEST:
fFi W..
APPROVED AS TO FORM:
is {' �-i� -•
City Attbr ey
CITY OF, PASADENA
By: 'L
City Manager
Dated: 5
ATTEST: 5 �t4 i oS
By:
Ci lerk
APPROVED AS TO FORM:
4"'. k2'�
N4 City At rney
G / V
VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT No. 17,130
This Agreement (hereinafter "Agreement ") is made by and between the CITY OF
GLENDALE, the CITY OF BURBANK, and the CITY OF PASADENA (hereinafter referred
to collectively as the " VERDUGO CITIES ") and the CITY OF ARCADIA (hereinafter referred
as the "CONTRACTING CITY ").
1. PURPOSE
The " VERDUGO SYSTEM" was previously created by agreement for the express purpose of
operating a joint communications system to provide mobilization, organization and operation of
the fire and emergency medical resources within the VERDUGO CITIES, to minimize the effect
of fire and disaster and to provide the basis for effective mobilization and dispatch of all
available firefighting and emergency medical resources within said cities.
The CONTRACTING CITY desires to contract with the VERDUGO CITIES for the purpose of
providing for the dispatching of emergency fire and medical response for the CONTRACTING
CITY. The parties agree that providing such operations through the VERDUGO SYSTEM will
be efficient and economically in the best interests of the respective parties.
The purpose of this Agreement is to set forth the respective rights, duties, obligations, costs and
other necessary provisions relating to each of the parties (hereafter collectively referred to as the
"PARTICIPATING PARTIES ") in order to facilitate the orderly and efficient provision of
specified services.
The parties acknowledge that the VERDUGO CITIES, and specifically, the City of Glendale,
have substantial operational experience in providing these types of specified services.
It is also the purpose of this Agreement to assure the ongoing and continued participation of the
CONTRACTING CITY in order to effectively and efficiently provide the services specified
herein to the satisfaction and benefit of the PARTICIPATING PARTIES hereto, including any
mutual aid services provided between the CONTRACTING CITY and other cities pursuant to
written agreement.
It is also the purpose of this Agreement to supplement the JOINT FIRE COMMUNICATIONS
SYSTEM AGREEMENT ( "JFCSA "'), and not to amend, alter or modify said JFCSA. The
parties acknowledge and agree that whenever there is a conflict, either actual or implied, between
this Agreement and the JFCSA, the provisions, terms and conditions of the latter shall prevail.
F ,5 9�
i
t t
2. RESPONSIBILITIES
A. RESPONSIBILITIES OF VERDUGO CITIES
It shall be the responsibility of the VERDUGO CITIES to operate the VERDUGO
SYSTEM and to do all of the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13.
14.
15.
16.
17.
18.
19.
20.
21.
6/15/55
Receive 911 and wireless emergency calls.
Transfer 911 and wireless calls to other agencies as appropriate.
Receive 7 digit emergency and direct connect (ring -down, or "P" line) calls on
numbers /circuits provided by CONTRACTING CITY.
Provide TDD and foreign language translation.
Provide Emergency Medical Dispatch pre - arrival and life saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Department of Health Services.
Enter incident information into computer assisted dispatch system (CAD),
including verified incident address /location, specific location information,
informant's location, informants's telephone number, source code for call, basic
EMD information, appropriate text and type codes.
Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
from mobile units initiated on mobile data system (MDT).
Electronically document all incident and pertinent non incident information.
Review CAD recommended quantity and type of equipment, alert fire stations
by electronic transmission, data and hard copy print out over mobile data
system, transmitting tones over voice system, and broadcasting vocal dispatch
on designated frequency(s).
Provide routine and emergency voice communications.
Track and record equipment status, location and availability.
Coordinate Area, Regional and specific agency. Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only.
Formulate, dispatch and track Strike Team responses.
Provide initial news media notifications.
Maintain CAD databases.
Provide CAD and MIS records management, storage and standard reports.
Provide access to CAD information.
Provide access to unit histories, unit status, rosters and information.
Handle and coordinate FIRST team responses.
Request and coordinate mass casualty resources.
Provide staff notification by alarm level and /or incident type via alpha - numeric
pager.
2 '
' r
VERDUG(
22. Notify and coordinate with other city departments and outside agencies as
required.
23. Provide recording and retention of radio and telephone transmissions.
24. Provide annual report of operations.
25. Provide management and supervision to achieve desired results.
B. RESPONSIBILITIES OF CONTRACTING CITY
It shall be the responsibility of the CONTRACTING CITY to do all of the following:
1. Provide telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination.
2. Provide a voice radio system comprised of a sufficient number of channels which
adequately covers areas of operation, using reliable equipment and sites, and
- interface same with the existing VERDUGO voice radio communications system,
unless otherwise agreed to or modified by mutual consent.
3. Provide a data radio system comprised of a sufficient number of channels, which
adequately covers area of operation using reliable equipment and sites, and
interface same with the existing VERDUGO data radio communications system,
unless otherwise agreed to or modified by mutual consent.
4. Equip fire stations to receive and transmit voice and data signals with features
consistent with the VERDUGO system for the purpose of dispatching resources,
using reliable equipment and interface same to the communications systems
agreed to or modified by mutual consent.
5. Equip vehicles with reliable voice and data mobile radios and terminals with
capabilities and features consistent with the VERDUGO system and interface
same to the communications systems agreed to or modified by mutual consent.
6. Provide personnel with reliable voice portable radios with the capabilities and
features consistent with the VERDUGO system and interface same to the
communications system agreed to or modified by mutual consent.
7. Provide voice and /or alpha - numeric pagers capable of functioning with the
equipment of the VERDUGO system.
S. Provide computers capable of communication and providing features and
capabilities consistent with current VERDUGO SYSTEM.
9. Provide geographic file information suitable for entry into VERDUGO SYSTEM
CAD, including street location data, including plot, city maps and other
landmark /common place addresses, high value or brush areas, freeway
information, target hazards, etc.
10. Provide listing of all apparatus, including radio designations, cross - staffed units
and special response vehicles.
6/15/99
3
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.-
Provide dispatch tables, algorithms, files protocols, dispatch recommendations,
move -ups , etc.
Provide department personnel list including titles, radio call signs, office and
home phone numbers, pager and cellular telephone numbers.
Provide list of key City personnel and telephone directory.
Provide list receiving hospitals and access method for paramedics.
Provide copies of mutual aid, automatic aid, initial action or other inter - agency
agreements.
Provide initial and ongoing system training to all radio users.
Provide copies of FCC licences.
Agree to comply with VERDUGO SYSTEM Radio and Communications
Policies.
Agree to use VERDUGO SYSTEM incident type codes, priorities and categories.
Approve Emergency Medical Dispatcher Program currently in use.
Provide agency representative as needed to ensure successful implementation.
Provide agency representative to VERDUGO Task Force committee.
C. JOINT RESPONSIBILITIES
In addition to the above responsibilities of the parties, it shall be the joint responsibility
of all of the PARTICIPATING PARTIES, in good faith, to discuss each of the
following areas:
1. Radio system infrastructure and requirements.
2. Telephone system capability and requirements.
3. Records management and /or CFIRS requirements.
4. Management Information System requirements.
5. Unit and fire station numbering conflicts.
6. Responsibility for processing 9 -1 -1 mis- routes and MSAG database coordination
7. Service levels and other issues.
8. Disaster mode and backup emergency contingency plans.
9. Electronic mail and group messaging requirements.
10. Personnel costs.
In the event agreement is not reached, or until such agreement is in fact reached, the city
designated pursuant to the JFCSA, (or any amendments thereto), shall use its best efforts
to establish the cost(s) and /or procedures necessary to implement this Agreement.
3. EQUIPMENT
CONTRACTING CITY shall purchase, install, test and maintain the following
equipment and hardware. In addition to the following listed equipment,
6 /15 /ac
L
El
KMU TIONS SERVICE AGREEMENT- CONTAWED
CONTRACTING CITY shall be solely responsible for the cost of any additional or
related equipment or hardware needed to implement this Agreement, whether listed or
not, including, but not limited to, installation, testing, light /audio relays, shipping,
insurance, taxes, antennas and coax, public address system, speakers, and power
supplies.
I:��L »1:�Il�Ii71Yi�[elC�`l.l� fl �d
1. CAD data MDT Fire Station Alerting System
(Note: Includes radio, power supply, radio cable, antenna, heliax, IQ modems,
printer cable, software)
2. A professional quality receiver on designated dispatch channel(s)
3. Decoder for manual alerting and /or external sound device
(Note: 5/6 tone or other format available at VERDUGO to include individual,
group and all -call capability)
4. Hard copy dot matrix printer for dispatch information
B. MOBILE DATA TERMINALS
1. Capable of working with existing VERDUGO SYSTEM and approved for use by
VERDUGO.
C. CAD ACCESS TERMINAL (PC or MAC)
1. To be used for status inquiries, times & numbers, incident history, incident history
logs, etc.
2. Requires a computer with sufficient memory, speed and disk space.
3. Also requires compatible modem, software, telephone line connection including
one time installation and recurring charges.
CK6IQlI 1
A. By April 1 of each year, VERDUGO CITIES shall provide CONTRACTING
CITY with CONTRACTING CITY'S cost for the fiscal year beginning on the
next July 1.
6/15/99
5
VERDUGO FIRE COMMU ATIONS SERVICE AGREEMENT- CONTMWED
Cost to CONTRACTING CITY shall be determined by multiplying
CONTRACTING CITY'S number of calls dispatched during the preceding
calendar year, whether by VERDUGO SYSTEM or others, by the cost per call of
the VERDUGO CITIES. The cost per call of the VERDUGO CITIES shall be
determined by taking the proposed operations and maintenance budget for the
VERDUGO SYSTEM for the fiscal year beginning on the next July 1 and
dividing that figure by the number of calls dispatched during the preceding
calendar year for the VERDUGO CITIES and CONTRACTING CITY. For the
purposes of this agreement, the VERDUGO SYSTEM budget shall exclude
depreciation and capital outlay. In no event shall the cost per call for
CONTRACTING CITY increase by more than eight percent (8 %) in any single
year. For any portion of a year prior to the first full fiscal year, CONTRACTING
CITY shall pay $33.18 per call dispatched. The attached letter, dated March 29,
1999, is incorporated into this Agreement, and shall be deemed a part hereof. For
purposes of establishing "additional personnel" as used in said letter, it is agreed
that current personnel consists of sixteen (16) filled or funded positions: Fire
Administrator (1), Fire Communication Shift Supervisors (4), Fire
Communications Operators (10), and Systems Specialist (1).
B. Title and ownership of all installations at the VERDUGO SYSTEM site needed to
implement this Agreement shall pass to the VERDUGO CITIES, including but
not limited to, equipment, hardware, and software.
C. In addition to annual charges as described in Paragraph 4.13. above, CONTRACT
CITY shall, within thirty (30) days after this agreement becomes effective, pay the
sum of $5,000 which is intended to compensate VERDUGO CITIES for startup
costs relating to implementation of this agreement.
5. ADMINISTRATION
A. The services provided by this Agreement shall be administered by the
VERDUGO CITIES in accordance with the provisions of the existing JOINT
FIRE COMMUNICATIONS SYSTEM AGREEMENT.
B. For services during any full fiscal year, CONTRACTING CITY shall be billed by
written invoice for the services provided in this Agreement on a semiannual basis.
For any portion of a year prior to the first full fiscal year, CONTRACTING CffY
shall be billed by written invoice on a monthly basis. All invoices shall be payable
within thirty (30) days after receipt. Payment for startup costs pursuant to
Paragraph 4.1). shall he due and payable immediately upon execution of this
agreement.
6/15/99
6
VERDUGO FIRE. COMMU ATIONS SERVICE AGREEMENT- CONT' ' ED
C. In connection with the fees described in 4.13. above, there shall be added to each
such billing, an administrative fee, equal to ten percent (10 %) of the billed
amount, which amount shall be paid to the City of Glendale or such other city as
may be designated in the JFCSA (or any amendments) thereto, to defray the cost
of administering the Agreement and certain overhead expenses not included in the
budget of the VERDUGO SYSTEM.
D. Nothing in this Agreement shall be construed to require any of the VERDUGO
CITIES to incur any non - reimbursable cost and /or expense for the purpose of
implementing this Agreement, or any of its provisions, or to require the
VERDUGO SYSTEM to modify, alter, add to, remove or transform any of its
existing equipment, system or facilities to implement any of the provisions of this
Agreement. It is the intent of this Agreement, and the PARTICIPATING
PARTIES acknowledge and agree, that any such changes, modifications or
alterations shall be at the sole cost of the CONTRACTING CITY.
6. INDEMNITY
A. Each PARTICIPATING PARTY to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all
operating equipment, arising from its own operation and use of, and its own
repairs and maintenance actually performed on the equipment and each shall be
solely responsible for all claims, liability, loss, suits, damages, costs, and
expenses (including attorneys, fees and costs of litigation) and personal injuries
(including death at anytime) resulting directly or indirectly from, or arising out of,
its own operation and use of, and its own repairs and maintenance actually
performed on the equipment and accessories. It is the intent of the
PARTICIPATING PARTIES that each PARTICIPATING PARTY shall bear the
frill legal and financial responsibility for its own conduct, actions and omissions
carried out in the performance of that PARTICIPATING PARTY'S obligations
and responsibilities under this Agreement.
B. Workers' Compensation claims shall be paid by the employer of any injured
worker, and subrogation rights against all PARTICIPATING PARTIES are
expressly waived.
C. Notwithstanding any other provisions of this Agreement, the CONTRACTING
CITY shall indemnify the VERDUGO CITIES, and /or any city designated in the
JFCSA (or amendments thereto), from and against any claims or liability,
including death, injury or property damage, and including the costs of defense,
arising out of the making of any calls, initiating any contact, or other actions or
omissions relating to Area, Regional and /or specific agency mutual aid whenever
6/is/45
7
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of any CONTRACTING CITY. The parties acknowledge and agree
that whenever such mutual aid is contacted or otherwise summoned by the
VERDUGO CITIES, or such designated city, such contact is made as a courtesy
in order to facilitate the implementation of such mutual aid and is not intended to
create any liability on the part of the VERDUGO CITIES and /or any such
designated city.
7. TERM
A. This agreement shall become effective on the last date it is executed by all of the
PARTICIPATING PARTIES. For purposes of the compensation provided in
Paragraph 4.B., the fiscal year beginning July 1, 1999, shall be utilized as the first
full fiscal year: The Agreement shall remain operative and effective for five (5)
years from the effective date, or until terminated in accordance with the
termination provisions herein, whichever occurs first.
3 TERMINATION
A. CONTRACTING CITY may terminate its portion of this Agreement by giving
written notice of such intent to each other PARTICIPATING PARTY at least one
(1) year prior to the effective date of such termination. (see Exhibit A - Letter
dated Julv 27, 1999)
B. In the event that the CONTRACTING CITY terminates this Agreement, or
otherwise ceases to accept and /or pay for the services contemplated by and within
this Agreement, the VERDUGO CITIES in their sole discretion, acting by
majority vote, shall have the following options: V
1. Continue this Agreement with the CONTRACTING CITY, upon the existing
terms and conditions, or upon such further and additional terms and conditions as
the VERDUGO CITIES and the CONTRACTI 9 (ITY may agree upon.
(See Exhibit A — Letter dated July 27,
2. Terminate this Agreement in its entirety with respect to CONTRACTING CITY,
in accordance with the termination provisions of this Agreement.
C. Nothing in this Agreement shall be deemed to require the VERDUGO CITIES to
continue to provide the services, which are the subject of this Agreement, in the
event that CONTRACTING CITY either terminates or otherwise ceases to accept
and /or pay for such services.
D. The VERDUGO CITIES, acting by majority vote, may terminate this Agreement
with CONTRACTING CITY by giving written notice of such intent to
6
VERDUGO FIRE COMMUNI&IONS SERVICE AGREEMENT- CONTINAW
Mw
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers thereunder duly authorized, their official seals to be heretofore
affixed.
Date: wl."
ATTEST:
Cit} -Clerk
APPROVED AS TO FORM THIS
�XCPmber- '1999
Cit Attorney
Date:
ATTEST:
By:
City Clerk
CITY OF ARCADIA
City Manager
7 day of
CITY OF
(SEAL)
APPROVED AS TO FORM THIS `�� day of
r -i 199
<.
City Attorney
6/15/99
9
(SEAL)
VERDUGO FIRE
CITY OF BURBANK
Date: 9 �D-qy
ATTEST-
By: L
City Cler
APPROVED AS TO FORM THIS �a
19
City Attorney
By:
Cit
By
day of
(SEAL)
CITY OF PASADENA
Date: _11-17_�_ By:�
c\ City Manager
ATTEST:
By: (SEAL)
City Jerk
APPROVED AS TO FORM THIS day of
6/15/95
�p
--1 " VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT
ARC DIA- ATTACHMENT I •
C1i`Y °F en d e CALIFORNIA
Fire
Division
OFFICE OF THE
ASSISTANT
FIRE CHIEF
421 Oak Street, Glendale, CA 91204 -1298
March 29, 1999
Mr. James Reed
Interim Fire Chief
City of Arcadia
P.O. Box 60021
Arcadia, CA 91066 -6021
Dear Jim,
(818) 548 -4814
Based upon Bill Kelly's letter of March 24, 1999, the Verdugo Fire
Communications Center is beginning to prepare to provide dispatch services to
the City of Arcadia on July 1, 1999. Upon receipt of the information from
Arcadia, we will begin data entry into the CAD /GEO file.
We have prepared a revised agreement (dated 3/29/99) which caps the increase in
the "cost per call" formula to a maximum increase of 8% in any one year.
To the extent possible, cost per call calculations will be based on the personnel
configuration necessary to serve the current three (3) Verdugo cities and the
current contract cities of South Pasadena, San Marino, Arcadia and Monrovia.
Should additional personnel be necessary to serve additional contract agencies, we
will hold Arcadia harmless from the increased personnel costs, if any.
We understand that Arcadia's concern regarding the language with respect to
capital expenditures. In essence, Arcadia is responsible for those expenditures
located in Arcadia facilities and apparatus. All other capital expenditures are the
responsibility of Verdugo and are not included in the cost formula.
We hope that these clarifications have been helpful. If you have any further
questions, please call me at (818) 548 -4814.
Sincerely,
Christopher R. Gray
Assistant Fire Chief
PRINTED ON RECY:., J_: ... --
C'n OF Cile'nZiale CALIFORNIA
613 E. Broadway, Suite 220, Glendale, CA 91206.4394 • Tel: (818) 548 -2080
Fax: (818) 547 -3402
Office of the I July 27, 1999
CITY ATTORNEY
Mr. Mike Miller
City Attorney ` �f�. Z� /�?
City of Arcadia CC 77
240 W. Huntington Drive
Arcadia, CA 91007
RE: Verdugo Communications Agreement
Clarification of Provision 8.A. & 8.B.
Dear Mr. Miller:
Pursuant to our discussion, I am providing this letter
of clarification so that there will be no
misunderstanding of the above provisions of the
Agreement.
Provision B.A. provides that the "Contracting City" may
terminate the Agreement with written notice of at least
one year.
Provision 8.B.1. states that the " VERDUGO CITIES in
their sole discretion" may (as an option) "continue
this Agreement with the "CONTRACTING CITY" upon the
"existing terms and conditions" or "upon such further
and additional terms and conditions as the VERDUGO
CITIES and the CONTRACTING CITY may agree upon."
You have noted what you believe could be construed as a
contradiction between these two provisions.
By way of clarification, it is the intent of these two
provisions to permit open discussion between the
VERDUGO CITIES and the CONTRACTING CITY during the one -
year notice period (before the Agreement is actually
terminated) to determine whether any problems or
disputes (if that was the reason for termination) can
be resolved and allow the Agreement to be continued
rather than terminated at the end of the one -year
notice period. The "sole discretion" was intended to
provide the VERDUGO CITIES authority to discuss and
approve any resolutions by a majority vote rather than
seeking further authority.
E:., 1H i B! 6 µ!`A9• �`.��
It was not intended to permit the VERDUGO CITIES the
sole discretion to continue the Agreement when the
CONTRACTING CITY decides to terminate it.
This letter is a clarification of the above provisions,
and is not intended to change, modify or alter the
Agreement as it was presented to Arcadia.
I hope that this provides sufficient clarification to
satisfy your concern.
Please do not hesitate to contact me if you have any
further concerns or questions.
Very truly yours,
SC T H. HOWARD, CITY ATTO��RNEY
Dennis H. Schuck,
Senior Assistant City Attorney
cc: Mike Matlock, Executive Assistant (Glendale)
Richard Hinz, Fire Chief (Glendale)
via_ io
_ •A .I
STAFF REPORT
C�APORATEO "o
FIRE DEPARTMENT
DATE: May 18, 1999
TO: Mayor and City Council
FROM: James M. Reed, Fire Chief
Submitted by: Michael A. Casalou, Management Analyst 'jyJ4C�
SUBJECT: REPORT AND RECOMMENDATION TO ENTER INTO A CONTRACT
WITH THE CITIES OF GLENDALE, PASADENA AND BURBANK
(VERDUGO CITIES) IN THE AMOUNT OF $144,135.00 FOR FIRE
DISPATCH SERVICES AND APPROPRIATE $128,769.00 FROM THE
EQUIPMENT REPLACEMENT FUND FOR CAPITAL EXPENDITURES
Summary
The Fire Department currently provides police, fire and emergency medical dispatching
services from Fire Station 31. To enhance existing dispatch services by improved
technology and more cost efficient systems, staff is proposing the Fire Department
contract for dispatch services from the Verdugo Fire Communications Center in
Glendale. It is therefore recommended the City Council authorize the City Manager to
enter into a contract with the cities of Glendale, Pasadena and Burbank ( Verdugo
Cities) for fire dispatch services at $144,135.00 for next fiscal year and appropriate
$128,769.00 for capital expenditures.
Discussion
Arcadia currently utilizes a joint dispatch system for police and fire. The original intent
of the combined police /fire dispatch center was to establish a state -of- the -art
communications center. However, the vendor retained by the City that was responsible
for providing the existing equipment and other services went out of business prior to the
completion of the system. As a result, the existing system does not function to its
potential.
Staff has been analyzing the dispatch and communication function for several years.
Some concerns include financial and budgetary impacts and the disparity of technology
used by both police and fire. Because significant dollars will be expended over the next
several years for new operations and to replace aging equipment, it was incumbent
upon staff to prepare accordingly by creating a communications road map. To insure a
smooth transition and to evaluate fiscal issues for both departments, the City Council
approved a professional services agreement between the Warner Group and the City of
Arcadia.
LASER IMAGED 1
c`. M. 13'6.
Mayor and City Council
May 18, 1999
Recommendation
It is recommended that the City Council: Authorize the City Manager to enter into a
contract with the cities of Glendale, Pasadena and Burbank (Verdugo Cities) in
the amount of $144,135.00 for fire dispatch services and appropriate $128,769.00
from the Equipment Replacement Fund for capital expenditures; subject to review
and approval of the City Attorney.
Approved By:
JMR:mc
Attachment
William R. Kelly, City Manager
3
0
• EXHIBIT "A" !
Arcadia Fire Department
Emergency Communications Action Plan
FY 1999/2000 Projected Capital Expenditures
Description
Unit Cost
Quantity
Total Cost
Fixed Equipment
1 Fire Station Alerting
3,000.00
3
$ 9,000.00
2 Fixed Equipment Upgrades
4,000.00
1
4,000.00
3 Base Station Repeater
11,000.00
1
11,000.00
° Voter /Comparator System(s)
17,500.00
2
35.000.00
Subtotal Fixed Equipment
$59,000.00
User Equipment
5 Mobile Data Terminals
1,500.00
7
$10,500.00
Subtotal User Equipment
$10,500.00
Miscellaneous & Contract Costs
Equipment Installation /Integration/ Training (20% of Equipment Cost)
$13,900.00
Sales Tax on Equipment (8.25 %)
5,734.00
Contingency (15% of Equipment Cost)
10,425.00
6 Station Renumbering
4,000.00
Installation of Ring Down and 7 -Digit line
210.00
Professional Assistance
25,000.00
Subtotal Miscellaneous and Contract Costs
$59,269.00
Total FY 1999/00 One -Time Capital & Miscellaneous Costs
$128,769.00
Station equipment for 800 MHz alerting for Stations 31,32 and 33. Includes radio, modem, station
printer, antenna, 516 decoder. Assumes backup alerting can be facilitated over Fire Red.
Cost to upgrade Fire Red repeater including replacement of duplexer and addition of cavity filter (if
required).
3 Additional repeater necessary to upgrade TAC1 to voter comparator capability (if required).
eAssumes costs required for voter /comparator for Fire Red and TAC1 (TAC1 optional).
Assumes refurbished model 7031 status terminals for 5 fire engines /trucks and for 2 rescue
ambulances. Includes 800 MHz radio, modem, antenna, etc.
6 Estimated costs associated with renumbering vehicles, signs, stationary, publications, etc.
Installation costs for two ring down services and one 7 -digit number line.
Arcadia Fire Department
Emergency Communications Action Plan
FY 2000/01 & 2001102 Projected Capital Expenditures
EXHIBIT "B"
Description
Unit Cost
Quantity
Total Cost
Fixed Equipment
' Upgrade Fire Alerting
4,000.00
3
$ 12,000.00
2 Install UHF Repeater
11,000.00
1
11,000.00
' Canyon Upgrades
Replace Equipment Shelter
37,500.00
1
37,500.00
5 Install Emergency Power
12,500.00
1
12.500.00
Subtotal Fixed Equipment $73,000.00
User Equipment
5 Install UHF Mobile Radios
2,000.00
16
$ 32,000.00
Purchase UHF Portable Radios
2,000.00
29
58,000.00
s Install VHF Mobile Radios (backup)
2,000.00
1
2,000.00
a Purchase VHF Portable Radios (backup)
2,000.00
5
10,000.00
9 Purchase Mobile Data Computers
4,250.00
6
25,500.00
9Purchase 800 MHz Radios and Modems
4,000.00
6
24.000.00
Subtotal User Equipment $151,500.00
Miscellaneous & Contract Costs
Equipment Installation /Integration/ Training (20% of Equipment Cost) $44,900.00
Sales Tax on Equipment (8.25 %) 18,521.00
Spare Parts /Batteries /Conditioners (5% of User Equipment) 7,575.00
Contingency (15% of Equipment Cost) 33,675.00
Professional Assistance (15% of Equipment Cost) 33,675.00
Subtotal Miscellaneous and Contract Costs $138,346.00
Total FY 2000/01 & 2001/02 One -Time Capital & Miscellaneous Costs $362,846.00
' Cost required to upgrade fire station alerting with new modems and MDC's.
2 Install UHF repeater as AFD TAC and APD backup interface. Assumes availability and acquisition of
UHF TAC channel.
3 Upgrades predicated on using Canyon Site as long term radio site. Assumes VFCC would pay for
leased line and receiver. Site costs may be reduced by use of suitable alternative.
Cost to replace equipment shelter with prefabricated shelter.
5 Estimated cost to install emergency power to support equipment.
5 Based on purchasing 16 UHF mobile radios to install in all apparatus currently supported with a VHF
mobile radio. This number considers existing UHF mobile radios older than 9 years in 2001 (based on
AFD radio counts).
Based on purchasing 29 UHF portable radios to replace existing VHF portable radios and existing UHF
radios that will be older than 7 years in 2001 (based on AFD radio counts).
a Purchase /replacement of VHF radios required for backup based on current VHF radio counts and
equipment age.
9 Costs to install MDC's, modems, 800 MHz radio on 5 fire engine /truck/BC and 1 rescue ambulance.
CITY AGREEMENT 18,793 -1
IICO
-Sa
AMENDED AND RESTATED
VERDUGO FIRE COMMUNICATIONS SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF ARCADIA
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the " VERDUGO
CITIES ") and the CITY OF ARCADIA (hereinafter referred to as the "CONTRACTING
CITY ").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system ( "VERDUGO SYSTEM ");
Whereas the CONTRACTING CITY has
medical response with VERDUGO CITIES
contract with the VERDUGO CITIES fo
r
response;
contracted for dispatching of emergency fire and
continuously since 1999 and desires to continue to
the dispatching of emergency fire and medical
Whereas the CONTRACTING CITY may be called upon to provide mutual aid services or
automatic aid services to cities in the Verdugo System and other jurisdictions as designated by
the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10 -digit emergency and direct connect (formerly called ring -
down, or "P" line) calls on numbers /circuits provided and funded by
CONTRACTING CITY;
4. Provide TDD and foreign language translation;
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ARCADIA RENEWAL 2012 DRAFT 8-6-12
5. Provide Emergency Medical Dispatch pre - arrival and life saving protocols
as established by Los Angeles County Fire and approved by Los Angeles
County Department of Health Services, and Verdugo's Medical Director.;
6. Enter incident information into the computer aided dispatch system
(CAD), including verified incident address /location, specific location
information, informant's location, informant's telephone number, source
code for call, basic EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status
changes from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document incident and pertinent non - incident information;
9. Review CAD recommended quantity and type of equipment, alert fire
stations by electronic transmission, data and hard copy printout over
mobile data system, transmitting tones over voice system, and
broadcasting vocal dispatch on designated frequency(s);
10. Provide routine and emergency voice communications;
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action
and Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Provide CAD and MIS records management, storage and standard reports;
16. Provide access to CAD information;
17. Provide access to unit histories, unit status, rosters and information;
18. Handle and coordinate FIRST team responses;
19. Request and coordinate mass casualty resources;
20. Provide staff notification by alarm level and/or incident type via wireless
device;
21. Notify and coordinate with other city departments and outside agencies as
required;
22. Provide recording and retention of radio and telephone transmissions
consistent with California law;
23. Provide an annual report of operations; and
24. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Provide equipment, hardware and software which interface with the
VERDUGO SYSTEM (unless otherwise agreed to by all Parties), which
include but are not limited to:
(a) Telephone and 911 hardware, software, upgrades, lines,
instruments, terminations, installation, monthly service or
capability not already included or provided, including routing
coordination;
(b) Station alerting hardware in all fire stations which receive and
transmit voice and data signals with features consistent with the
VERDUGO SYSTEM;
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ARCADIA RENEWAL 2012 DRAFT 5 -6 -12
(c) Reliable voice mobile and portable radios, data radios and
terminals in all fire apparatus, with capabilities and features
(d) consistent with the VERDUGO SYSTEM;
(e) Voice and/or alpha- numeric pagers or other wireless devices
capable of functioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO
SYSTEM CAD, including street location data, city maps and other
landmark/common place addresses, high value or brush areas,
freeway information, and target hazards;
2. Provide listing of all apparatus, including radio designations, cross - staffed
manned units and special response vehicles;
3. Provide Fire Department personnel list including titles, radio call signs,
office and home phone numbers, pager and cellular telephone numbers;
4. Provide a list of key City personnel and telephone directory;
5. Provide a list of receiving hospitals and access method for paramedics;
6. Provide copies of mutual aid, automatic aid, initial action or other inter-
agency agreements;
7. Provide initial and ongoing VERDUGO SYSTEM training to all radio
users;
8. Provide copies of FCC licenses, if applicable;
9. Comply with VERDUGO SYSTEM policies;
10. Use VERDUGO SYSTEM incident type codes, priorities and categories;
11. Approve Emergency Medical Dispatcher Program currently in use; and
12. Provide a chief officer or fire officer to ensure successful implementation
and representation on the Verdugo Task Force.
II. EQUIPMENT
Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided, CONTRACTING CITY shall be responsible for
all costs relating to the purchase and installation of all such equipment. In addition to the
equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
installation, testing, light /audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies. Title and ownership of all
installations to the VERDUGO SYSTEM, in order to serve the CONTRACTING CITY,
shall pass to the VERDUGO CITIES, including but not limited to, hardware, and
software.
A. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance
the current level of service. The VERDUGO CITIES will endeavor to provide a
minimum 90 day written notice to CONTRACTING CITY of any anticipated
Page 3 of 10
ARCADIA RENEWAL 2012 DRAFT 8 -6 -12
purchase, where the costs of purchase and/or maintenance of equipment that is the
responsibility of the CONTRACTING CITY under section II.A. above are to be
borne by the CONTRACTING CITY.
III. TERM
This Agreement shall become effective on July 1, 2012, ( "EFFECTIVE DATE ") and
remain in effect until June 30, 2014, or until terminated in accordance with the
termination provisions herein, whichever occurs earlier. For consideration received, this
Agreement will renew automatically for two terms of three years each, unless 90 days
prior to termination of the term, one party provides written notice of intent not to renew
to the other party.
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the actual number of calls dispatched during the preceding
calendar year. Number of calls dispatched shall include incidents that occur within
CONTRACTING CITY's jurisdiction plus any additional responses to jurisdictions
outside the Verdugo System that arise from aid agreements.
(i) From July 1, 2012 until June 30, 2013, the per incident charge shall be $63.
(ii) Beginning July 1, 2013, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount not to exceed 5% per
incident, rounded to the nearest dollar.
B. The cost per call for CONTRACTING CITY shall not exceed these amounts in
any single year, unless the overall cost for the VERDUGO SYSTEM is
substantially increased by unplanned events such as catastrophic hardware system
failures or natural disasters. In the event of a substantial increase in the cost as
described herein, CONTRACTING CITY's portion of the increase shall be
determined by calculating the CONTRACTING CITY's pro rata share of the
overall number of dispatched calls in the preceding calendar year. Prior to
seeking the increased costs from the CONTRACTING CITY, VERDUGO
CITIES will endeavor to utilize all funds set aside for the replacement of the
equipment and funds recovered from any insurance settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non - reimbursable cost
and/or expense for the purpose of implementing this Agreement, or any of its
provisions, or to require the VERDUGO SYSTEM to modify, alter, add to,
remove or transform any of its existing equipment, system or facilities to
Page 4 of 10
ARCADIA RENEWAL 2012 DRAFT 8 -6-12
implement any of the provisions of this Agreement. It is the intent of this
Agreement, and the Parties acknowledge and agree, that any such changes,
modifications or alterations shall be at the sole cost of the CONTRACTING
CITY.
D. Billing. For services rendered for any full fiscal year, CONTRACTING CITY
shall be billed by written invoice every January and July of each year for the
services provided in this Agreement on a semiannual basis, in advance. All
invoices shall be payable within thirty (30) days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. VERDUGO CITIES shall provide CONTRACTING
CITY the nonexclusive use of an available Verdugo talk group for the sole use of
the Arcadia Fire Department on the VERDUGO CITIES radio system. This talk
group shall only be used in the ordinary course of business to provide fire services
to the public. CONTRACTING CITY agrees that it shall utilize no more than
125 subscriber radios on the radio system. CONTRACTING CITY shall arrange
and pay for any and all programming of radios, and shall request approval of the
City of Glendale in advance of programming any additional radios to be utilized
on the radio system.
B. Restrictions on Use of Talk Groups: Any use of talk groups by Subscribers
shall be in accordance with the rules and regulations of the Federal
Communications Commission and all other applicable state and federal laws.
C. Maintenance of Contracting City Radios. CONTRACTING CITY shall
perform all maintenance service on its radios, and shall ensure all its radios are
operating within the manufacturer's specifications at all times. Should
VERDUGO CITIES inform CONTRACTING CITY of a technical problem with
one or more of the radios, CONTRACTING CITY shall immediately perform
maintenance on such radio as may be required by the City of Glendale to ensure
reliability of the radio system.
D. Fees for Use of Talk Groups. In consideration of infrastructure contributed by
the VERDUGO CITIES to the Interagency Communication Interoperability
Network, (ICIS), the VERDUGO CITIES and ICIS waive all fees for the use of
the talk groups until May, 2017. CONTRACTING CITY agrees that the waiver
of the fee is limited to its use of radios not to exceed 125 subscriber units per
month, utilized solely by the Arcadia Fire Department. For purposes of this
agreement, "radio" includes mobile, portable, and station alerting radio
equipment.
E. Disclaimer. The radio roaming services provided pursuant to this Agreement are
offered with no warranty and are at the CONTRACTING CITY's sole risk.
VERDUGO CITIES DO NOT REPRESENT OR WARRANT THAT THE
RADIO ROAMING SERVICES WILL MEET CONTRACTING CITY's
Page 5 of 10
ARCADIA RENEWAL 2012 DRAFT 8.6 -12
REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE OR ERROR -
FREE.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all
operating equipment, arising from its own operation and use of, and its own
repairs and maintenance performed on the equipment and each shall be solely
responsible for all claims, liability, loss, suits, damages, costs, and expenses
(including attorneys' fees and costs of litigation) and personal injuries (including
death at any time) resulting directly or indirectly from, or arising out of, its own
operation and use of, and its own repairs and maintenance performed on the
equipment and accessories. Each Party shall bear the full legal and financial
responsibility for its own conduct, actions and omissions carried out in the
performance of that Party's obligations and responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out
of the making of any calls, initiating any contact, or other actions or omissions
relating to Area, Regional and/or specific agency mutual aid and/or automatic aid
whenever such aid is contacted or otherwise summoned to respond from outside
of the jurisdiction of the CONTRACTING CITY. The Parties acknowledge and
agree that whenever such mutual aid and/or automatic aid is contacted or
otherwise summoned by the VERDUGO CITIES, such contact is made as a
courtesy in order to facilitate the implementation of such mutual aid and/or
automatic aid and is not intended to create any liability on the part of the
VERDUGO CITIES or any public service provider which provides such mutual
aid or automatic aid. All liability for salaries, wages, and other compensation
shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject
matter hereof, and no other Agreement, statement, or promise relating to the
subject matter of this Agreement which is not contained herein shall be valid or
binding. In interpreting this Agreement and resolving any ambiguities, this
Agreement will take precedence over any cover page or attachments.
Page 6 of 10
ARCADIA RENEWAL 2012 DRAFT 8-6 -12
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or
unenforceable, all remaining parts, terms and provisions hereof shall remain in
full force and effect and shall in no way be invalidated, impaired or affected
thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or
interpret the provisions of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees in addition to any other relief to which he, she or it may
be entitled. "Prevailing party" means a party who dismisses the action or
proceeding in exchange for payment of the sum(s) allegedly due; performance of
the term(s) or covenant(s) allegedly breached or violated; or consideration
substantially equal to the relief sought in the action. "Reasonable attorneys' fees"
of the City Attorney's office means the fees regularly charged by private attorneys
who: (a) practice in a law firm located in Los Angeles County; and (b) have an
equivalent number of years of professional experience in the subject matter area
of the law for which the City Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and
not for the benefit of any other party. CONTRACTING CITY shall not assign
any right or interest in this Agreement, and shall not delegate any duty owed,
without VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall
constitute a material breach upon which VERDUGO CITIES may immediately
terminate or suspend this Agreement. In the event the VERDUGO CITIES
consent to an assignment or delegation, the assignee, delegatee, or its legal
representative shall agree in writing to personally assume, perform, and be bound
by this Agreement's covenants, conditions, obligations and provisions.
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ARCADIA RFNFWAL 2012 DRAFT 5 -6 -12
H. Successors and Assigns. Subject
Agreement shall be binding on the
and assigns of the respective parties.
to the provision regarding assignment, this
heirs, executors, administrators, successors,
I. Time is of the Essence Whenever a task is to be performed by
CONTRACTING CITY herein, same shall be performed consistent with any time
constraints set forth hereunder including exhibits, time being considered of the
essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations
were prevented or delayed by any cause, existing or future, beyond the reasonable
control of such party which include but are not limited to acts of God, labor
disputes or civil unrest. Any delays beyond the control of the Parties shall
automatically extend the time schedule as set forth in this Agreement by the
period of any such delay.
K. Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, return receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of
address, they shall immediately notify the other Parties in writing of such change,
provided, however, that each address for notice must include a street address and
not merely a post office box. All notices, demands or requests shall be given to
following addresses:
City of Burbank: City of Glendale:
Fire Chief Fire Chief
Burbank Fire Department Glendale Fire Department
311 E. Orange Grove 421 Oak Street
Burbank, CA 91502 Glendale, CA 91204 -1298
Tel. No. 818- 238 -3473 Tel. No. 818 -548 -4814
Fax. No. 818- 238 -3483 Fax. No. 818 -547 -1031
City of Arcadia: City of Pasadena:
Fire Chief Fire Chief
Arcadia Fire Department Pasadena Fire Department
710 S. Santa Anita Ave. 199 S. Los Robles Ave., Ste. 550
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ARCADIA RENEWAL 2012 DRAFT 8 -6 -12
Arcadia, CA 91006
Tel. No. 626 -574 -5100
Fax. No. 626 - 446 -7410
Pasadena, CA 91109
Tel. No. 626 - 744 -4675
Fax. No. 626 -585 -9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each
Party will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
CITY OF ARCADIA
Date: W. 2, Z 0 1 1
ATTEST:
By: I '� � L" 4 0k;
ity Clerk
y
City Manage
Dominic Lazzaretto
(SEAL)
AP ROVED AS TO FORM THIS dn d day of O obey, 2012.
jt�ik� Jv,
City Attorney
Stephen P. Deitsch
CITY OF BURBANK
Date: " -1--I> — ( 3
ATTEST:
IM
l U LALq
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ARCADIA RENEWAL 2012 DRAFT 8 -6 -12
Y�
City Clerk
APPR ED Af ORM THIS
ity Attorney
CITY OF GLENDALE
Date: /4zh3
ATTEST:
By:
day of 20 J.
By:
City � anager
( EAL)
y r
"- �: OV A PORM I S is day of 203 . v C y A torne
CITY OF PASADENA
Date: (p 1
AT]
By:
T7 MICHAEL J. BECK
City Manager
(SEAL)
APPROa,AS,,TVORM THIS tjlA,- day of 2012 ]
City A
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