HomeMy WebLinkAboutC-3029 CITY AGREEMENT NO. 18,793-2
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 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 designateld 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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5. Provide Emergency Medical Dispatch pre-arrival and life saving protocols
as established by Los Angeles County Fire and approved by Los Angeles
County Dept of Health Services, and Verdugo's Medical Direetor.;
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 tatus
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, ines,
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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(c) Reliable voice mobile and portable radios and data radio and
terminals in all fire apparatus, with capabilities and features
consistent with the VERDUGO SYSTEM;
(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, 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 tb 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.
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 provide a minimum 90
day written notice to CONTRACTING CITY of any anticipated purchase, where
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the costs of purchase and/or maintenance of equipment that is the responsibi r.ty of
the CONTRACTING CITY under section II.A. above are to be borne h the
CONTRACTING CITY.
III. TERM.
This Agreement shall become effective on July 1, 2014, ("EFFECTIVE DATE" and
remain in effect until June 30, 2017, 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 enew
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
($64.26) dispatched multiplied by the actual number of calls dispatched during the
preceding calendar year. Number of calls dispatched shall include incident that
occur within CONTRACTING CITY's jurisdiction plus any additional responses to
jurisdictions outside the Verdugo System that arise from aid agreements.
(i) Beginning July 1, 2014, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount not to exceed 5d4 per
incident.
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. Prii r to
seeking the increased costs from the CONTRACTING CITY, VERDUGO
CITIES will endeavor to utilize all funds set aside for the replacement f the
equipment and funds recovered from any insurance settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be con trued
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 bf its
provisions, or to require the VERDUGO SYSTEM to modify, alter, acid 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
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Agreement, and the Parties acknowledge and agree, that any such changes,
modifications or alterations shall be at the sole cost of the CONTRAC ING
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
150 subscriber radios on the radio system. CONTRACTING CITY shall ar-ange
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 Subsc 'hers
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 peilform
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 150 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
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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 an sole
responsibility for all risks of injury and damages, including damage o 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 olely
responsible for all claims, liability, loss, suits, damages, costs, and exppnses
(including attorneys' fees and costs of litigation) and personal injuries (inclding
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 anc4 any
other public service provider, from and against any claims or liability, inchding
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 automatib aid
whenever such aid is contacted or otherwise summoned to respond from ou side
of the jurisdiction of the CONTRACTING CITY. The Parties acknowledge and
agree that whenever such mutual aid and/or automatic aid is contacte 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 off 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 su eject
matter hereof, and no other Agreement, statement, or promise relating to the
subject matter of this Agreement which is not contained herein shall be vali or
binding. In interpreting this Agreement and resolving any ambiguities, this
Agreement will take precedence over any cover page or attachments.
1
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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 o 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 a sign
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 lllegal
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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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.
I. Time is of the Essence. Whenever a task is to be performed by
CONTRACTING CITY herein, same shall be performed consistent with an time
constraints set forth hereunder including exhibits, time being considered of the
essence of this Agreement. Unless otherwise specified in this Agreemert, all
references to "days"refer to calendar days.
J. Force Majeure. 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 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 pro ided
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
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City of Arcadia: City of Pasadena:
Fire Chief Fire Chief
Arcadia Fire Depai Latent Pasadena Fire Depal linent
710 S. Santa Anita Ave. 199 S. Los Robles Ave., Ste. 550
Arcadia, CA 91006-3587 Pasadena, CA 91109
Tel. No. 626-574-5100 Tel. No. 626-744-4675
Fax. No. 818-446-7410 Fax.No. 818-585-9164
L. Counterparts. This Agreement may be executed in counterparts, each of Avhich
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 anc
attested to by the proper officers hereunder duly authorized,their official seals to be heretofore
affixed.
CITY OF ARCADIA CADIA
Date: kLL1Lik d, k Al By:
City Manager
(SEAL)
A ES
By: ,11 I, :,r di
ity Cler
APPROVED AS TO FORM THIS 22 h ay of , 201 .
City Attorney
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ARCADIA RENEWAL 201•Final
CITY OF BURBANK
i
Date: 6fi
w,s- By: q 1 a )r
C' anager
(SEAL)
ATTEST:
B
City Clerk
APPROVED • FORM / S day o 15.
Ci Trly
CITY OF GLENDALE
Date: c, /6.. +` By:
Ci anager
(SEAL)
ATTEST:
BY: .�
Ci C1trk
'P! 0 /- Pi AS TO RM THIS day of re--6 , 204 .
_ reey
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CITY OF PASADENA
Date: 2 //// , By: -
11 MICHAEL J. BECK
City Manager
(SEAL)
ATTEST:
By L /
Jo ky, CIVIC
Cit 'Clerk
APPROVER AS TO FO' THIS 2-7 day of 3‘114)16) ; 201
• ty Attorney
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ARCADIA RENEWAL 2014 Final
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
Arcadia, CA 91006-3587 Pasadena, CA 91109
Tel. No. 626-574-5100 Tel. No. 626-744-4675
Fax. No. 818-446-7410 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 an
attested to by the proper officers hereunder duly authorized, their official seals to be heretofoL e
affixed.
CITY OF ARCADIA
Date: buy, "71 2,0y By: > >
V City Manager
(SEAL)
ATTEST:
By: L. ►u)_ i 'a A
- City Clerk'
APPROVED AS TO FORM TIES 1 a day of inetA7 , 2015.
Socijs- Ps 4-61/. .t,e
City Attorney
Page 9 of 11
ARCADIA RENEWAL 2014 Final
CITY OF BURBANK elti
Date: (o/lei//s- BY: 71t!
del•, anager
SEAL)
•
ATTEST:
By:
City Clerk
APPRO / D • : TO ' ORM T /6.day o 015.
' 1 (
City A�ey'
CITY OF GLENDALE
Date: 09 /fr f By: � T
Ci j° anager
(SEAL)
ATTEST: J
By:
Cit C erk f . .
• ' ROVED AS TO F� ' THIS day of C I , 201 .
IIIP •
4:341I C � tt.! ey
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ARCADIA RENEWAL 2014 Final
r C
CITY OF PASADENA
Date: 2 114 By: .
1VMICHAEL J. BECK
City Manager
r (SEAL)
ATTEST:
By: _
Mar Jom r, CMC
City ' erk
APPRO .r AS TO FO' THIS 227 day o c . - , 201
• ty Attorney
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ARCADIA RENEWAL 2014 Final