HomeMy WebLinkAboutAgenda Report - October 15, 2014 I-03aAGENDA ITEM T3A
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CouNcIr, CoTvtMUNIcATIoN
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AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing City Manager to Execute a Fire and Emergency
Medical Dispatching Services Agreement with the City of Stockton
October 15,2014
Fire Chief
RECOMMENDED ACTION Adopt resolution authorizing the City Manager to execute a Fire and
Emergency Medical Dispatching Services Agreement with the City
of Stockton.
BACKGROU ND I NFORMATION ln 2009, the Lodi Fire Department discontinued its contract with the
City of Stockton for dispatch services. The Lodi Police Department
has provided Fire and EMS dispatch services since FY 2009/10. ln
2013, the City of Stockton hired an independent contractor to
develop operations and financial efficiencies through partnerships
and regionalization efforts.
ln an effort to regionalize San Joaquin County Fire and EMS dispatch services, the City of Stockton
began discussions to form a regional Joint Powers Authority. ln August 2014, the Lodi Fire Chief
contacted Stockton Fire Chief Piechura to request formal contract discussions for the provision of
dispatch services from the City of Stockton. lf the attached agreement with the City of Stockton is
approved, the Lodi Fire Department will be the third department to receive dispatch services from
Stockton; Manteca Fire currently procures Stockton Fire dispatch services and Lathrop-Manteca Fire
District partnered with Stockton just prior to the start of the 2014115 Fiscal Year for these services.
It is anticipated that contracted services will begin December 29,2014. Lodi Fire Department will
compensate the City of Stockton for dispatch services at a fixed rate per call. Per call rates for the period
of January 1 through June 30, 2015 are $35.74. Per call rates for Fiscal Year 2015/16 will be $45.74.
Effective July 1 , 2016, and each year thereafter, the rates per call will be based on the Stockton Fire
Department's Emergency Communications Division fiscal year budget divided by the total number of
dispatch calls in the prior calendar year.
Based upon current call volumes of about 5,800 calls per year, staff estimates cost of the contracted
service to be about $105,000 for January through June 2015. Due to expected changes in operations,
call volumes for FY 2015116 are expected to be just under 5,000 calls yielding an estimated cost of about
$228,000. Staff cannot estimate the costs beyond June 30, 2016 as the rate for services has not yet
been determined.
Funding for this agreement will be provided by eliminating two vacant Dispatcher/Jailer positions in the
Police Department and transferring appropriations to the Fire Department. Additionally, the Police
Department will be evaluating Dispatcher/Jailer operations and staffing and an additional position may be
APPROVED:v Schwabauer, C Manager
Adopt Resolution Authorizing the City Manager to Execute a Fire and Emergency Medical Dispatching
Services Agreement with the City of Stockton
October 15,2014
Page Two
eliminated in the FY 2015116 budget based upon that review, Staff has discussed the impact of this
contract arrangement with the Lodi Police Dispatchers Association and they support the contracting of
these services.
Staff recommends that the City Council adopt the attached resolution
F¡SCAL IMPACT:Estimated costs of contracted services is as shown below:
FY 2014-15 $105
FY 2015-16 $ZZA),
FUNDING AVAILABLE Funding for this contract will be provided by eliminating two vacant
Dispatcher/Jailer positions in the Police Department and transferring
appropriations to the Fire Department, Total annual value of those two
positions is about $211,000.
Jord an rS
Deputy r/lnternal Services Director
Larry
Fire Chief
Mark Helms
Chief of Police
LF/pjo
cc: City Attorney
000
000
RESOLUTION NO. 2014-197
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHoRIZINGTHECITYMANAGERToEXECUTEAFIRE
AND EMERGENCY MEDICAL DISPATCHING SERVICÊS
AGREEMENT WITH THE CITY OF STOCKTON
============================================================================
WHEREAS, in 2009, the City of Lodi discontinued its contract with the City of Stockton for
dispatch services, and the Lodi Police Department has provided Fire and EMS dispatch services
since FY 2009110; and
WHEREAS, in 2013, the city of stockton hired an independent contractor to develop
operations and financial efficiencies through partnerships and regionalization efforts; and
WHEREAS, in an effort to regionalize San Joaquin County Fire and EMS dispatch services,
the City of Stockton began discussions on a regional Joint Powers Authority. ln August 2014' the
Lodi Fire Chief contacted Stockton Fire to request formal contract discussions for the provision of
dispatch services from the City of Stockton; and
WHEREAS, City of Lodi will compensate the City of Stockton for dispatch services at a rate
calculated annually for a phased-in approach beginning January 1,2015; and
WHEREAS, the estimated FY 2014115 cost for the emergency dispatch.services is $35,74
per call, and beginning July 1,2015, rates will increase to $45.74 per incident; and
WHEREAS, effective July 1 , 2016, the rates per call will be based on Stockton Fire
Department's Emergency Commúnications Division's current fiscal year budget divided by the total
number of dispatch calls in the prior calendar year; and
WHEREAS, staff recommends that the City Council authorize the City Manager to enter into
Fire and Emergency Medical Dispatching Agreement with City of Stockton, attached hereto as
Exhibit A.
NOW, THEREFORE, BE lT RESOLVED that the Lodi city council does hereby authorize.
the City Manager to execute a Fire and Emergency Medical Dispatching Agreement with City of
Stockton, attached hereto as Exhibit A.
I hereby certify that Resolution No. 2014-197 was passed and adopted by the City Council of
the City of Lodiin a regular meeting held October 15,2014, by the following vote:
AYES: COUNCIL MEMBERS - Hansen, Mounce, and Mayor Katzakian
NOES: COUNCIL MEMBERS - Johnson
ABSENT: COUNCIL MEMBERS - Nakanishi
ABSTAIN: COUNCIL MEMBERS - None '}**tr r,\\ ìo#r+n>''
oizñrutrrn{Å¡. RoBlsoN
City Clerk
2014-197
Exhibit A
FIRE AND EMERGBNCY MEDICAL DISPATCHING
SBRVICES AGREBMENT
THIS AGREEMENT, is made and entered into on by and between the
CITY OF STOCKTON, a municipal coqpotation, hereinafter designated âs "GITY", and the
CITY OF LODI, a municipal coqporation, hereinafter desþated as ",{.GENCY' (collectively
"Patlies").
\7HEREÂS, AGENCY rerâins rights under California Health & Safety Code section
1797.207, the 'ùTarren g-l-1, Act, and the 1985 countywide 9-1-L Agreement
(of which ,{'gency is a signatory) (collectively "Agency Rights'); and
IØHEREAS, CITY desites to entef into an agfeement v/ith AGENCY to ptovide fue
and emérgency medical call receipt and dispatching services to the entire 'AGENCY through
CITYs Emergency Communications Division located 110 West Sonora Street, Stockton'
Calsfonta; and WHEREAS, the Parties do not intend to compromise or rrfringe on '\gency
Rights by entering into this "Agreement.
Now, THEREFORE, in considetation of the promises and of the mutual covenants
herein contained, the Parties hereto expressly agree as follows:
7. SERVICES AND RESPONSIBILITIES:
(") CITy will provide fre and emergency medical dispatching services to tlle
entire geographjc area served by AGENCY as of the date of this Ägreement' Such services
shall be provided at the level provided fot similar incidents and occupancies within the
incorporate d arcaof the CITY and in conformance v¡ith policies and procedures as may from
time to time be adopted by the San Joaquin County Emergency Medical Services 'tgency
conceming the dispatch of emetgency medical ambulances'
þ) CITy shall be responsible for the uninterrupted operation and supervision
of the Emergency communications Division, and will provide plant facilities, personnel and
cofffnon equipment fiecessaly for opetation of the Emergency Communications Division at
the level provided on the date of this Agreement ofi a 24-hov-perday basis. Excluded ftom
cornmofl communications equipment aÍe certain items which beneût only one agency of
participant, including listed business and emefgency telephone lines, radios, and othet tel¿ted
cornmunicatior,s "qoip*ent. It shall be the responsibility of CITY to receive c¿lls for fire and
emefgency medical assistance and ttansmit same to ÂGENCY by a mutually agreed upon
procedure.
(c)UponnotificationandacknowledgementbyCITY,AGENCYshallassume
sole responsibility for the disposition of its fire and rescue fesoufces and shall be responsible
for any necessarY rePorts.
(d) -,\GENCY v¡ill be tesponsible for the disposition of its own business calls
unless other contra cgl arangements are made. CITY v¡ill, however, relay to 'AGENCY any
business calls received by the È-".g.rr.y Communications Division by a mutually agreed upon
procedure.
(e)AGENCYshallprovideCITYandmaintain,atitsownexpense,âccufate
street location information, ,..porrre level assignments (zones), and any other related fire and
fescue information necessâry fot emergen.y.ult-,uki"g and dispatching' This information and
all subsequent inform¿tion shall be the sole responsibility of the AGENCY' Required
information necessatry for this dispatching service shall be in ¿ form specifred by CITY'
2, P]TYMENT FOR SE,RVICES:
(a) AGENCY wilt pay GITY for dispatch services at the rate of $11'31 per call
for medical calls where an ambulance is also dispatched and at the rate of fi22'60 per call fot
non-medical calls dispatched by CITY's dispatch center'
þ)ÂfterJanuatyT,2}LI,AGENCYwillpayCITYfotdispatchservicesata
nte of$35.74 per call for all emefgency calls dispatched by CITY's dispatch centef' .¿A'fter JuIy
7, 20!5,{GBNCY vdll pay CITY for dispatch services ^t ^ tzte of fi45J4 per call fot all
emergency calis dispatched by CITY's dispatch center'
(c)AfterJ.,ly1,201ó,,{.GENCYwiltpaytheCITYabasefatepefcall.The
base rate is defined ¿s the dollar value fot dispatch services determined by dividing the
operating budget of the CITY's Emergency Communications Division during the current ûscal
year, asdetermined by the CITY, by the total nutnbet frte and ernefgency medical calls in the
previous ca.lendat Y eat.
(d),tbaserateadjustmentv/iilbedeterminedbyCITYforeachsubsequent
fiscal year thereafter in order for CITY to recovef the firll cost of dispatch services incwred by
Á,GENCY. The intent of the annual rate of adiustment is to establish a new base tate for each
subsequent fiscal year based on the CITY's Emetgency Communications Division adopted
budget for that fiscal yeat divided by the total numbet of dispatches during the prior calendat
year. The new base iate for each fiscal year shall be effective J"ly 1' If CITYs calculation of
the base rate adjusunent is not availøbke in time for the July bilting, the priot fiscal year base
rate shall be used in monthly billing until such time as the new base rate is avaüable (the new
base rate shall not be applied retroactively)'
(e)Paymentofthepercallfeeshallbemademonthlyby.A.GENCYtoCITY.
cITy will bül ÂGENcy on a monthly basis based on the number of fue and errnergency calls
for the previous month. Payment will be due upon receipt of CITYs bi[iog invoice'
¡,GENCY v¡ill be considered delinquent in its payment if payment has not been made within
thlrty (30) days after due date.
(Ð ,q.GENCY will reimburse CITY up to $15,000 for set-up costs' set-up costs
include any har.dsrate, softwafe, pfogfâmming and labor costs associated with the set-up and
preparation of the cufrent Emergency Communications Division dispatch system to provide
dispatch seryices to AGENCY. Payment of these costs shall be made and will be due upon
receipt of CITY's bilting invoice.
3. TERM oF ,{GRE,EMENT AND TERMIN,q'TION PROCEDUF'ES:
This Agreement shall remain in effect untjl terminated and shall be on a rnonth-to-
month basis. This Agreement may be terminated by either party, without cause, upon the
srr*g of tlurty (30) days written notice. This ,tgreement fnay be terminated without
.o-pf¡o"g with the notice tequirement fot the sole cause of non-perfoffnânce by the other
par¡r. However, if GITY terminates this Agreement because ,{.GENCY has insufficient funds
,o *"., its obligation r¡nder this Âgreemeût such termination shall be effective upon giving
tnirty (30) days written notice. AGENCY âgrees to compensate CITY fot costs incurred
during such thirty (30) day period.
4. WITHHOLDING OF PAYMENT OR SERVICE,S;
(a) .A.GENCY may withhold payment for. zLfry period during which cITY does
not ot cariûot provide the (contracted) serrrice'
þ) CITY may withhold service during any period that AGENCY is delinquent
in makingpayments to CITY.
5. CITY SBRVICE TO OTHER,T.GENCIES:
,ts a result of this Âgreernent, CITY is in no \¡¡ay pfevented from offering its service to
other agencies.
6. INDE,PENDENT CONTRACTOR:
CITY shall serve as an independent conftactor in petforming the services provided
under this Agreement and shall be tesponsible for wotkers' compensalion and other
obligations consistent with that status. In no event shall either CITY or AGENCY be
responsible fot znyworkers' compensation or othet obligations of the other'
7. INDEMNIFICATION:
Indemnity and Hold Harmtçss. To the fi:llest extent allowed by law, with the
excepti.on that this section shâll in no event be constfued to requite indemnification by
AGENCY OR CITY ro a gfearef extent than permitted undet the public policy of the State of
California, each party agrees to indemniff, save, hold harmless' and defend the othet party ' its
of6.cers, agents, a.,d eÀployees from any and all costs and expenses (including attorney and
legal fees), damages, üabilities, claims, and lósses occurring or resulting ftom the performance'
oi fuil*" to petfotm, by, eithet p^l:ry, 6 their respective ofûcers, ageûts, sub-conttactors'
employees, of anyone directly or indirectly employed by any of them, of anyone for whose acts
uny of them may be liable under this Agreement, and from any and all costs afld expenses
(including attorney and legal fees), damages, liabilities, claims, and losses occwring or resulting
to any pefson, frm, or corporation who may be iniured or damaged by the performance, or
failure to perform, of either pârty, or their respective officers, agents, or empþees, under this
Âgr""m".rt. The duty to defend and the duty to indemnify ^fe sepaf:ate and distinct
obtigr,iorrr. The acceptance of the insutance certificates tequired under this 'A'greement does
not relieve eithet parry of its obligations under this section'
The indemniûcarion and defense obligations of this section shall suvive the termination of
this ,{,geement for the fr-rtl period of time allowed by law. The defense and indemnificatj'on
obligations of this Agreement are undeftaken in addition to, and shall not in any way be limited
by, th. insurance obligations contâined in this Agreement. If any section, subsection, senterlce,
clause or phrase of this indemnification is fot any reason held to be invalid or unconstitutional,
such decision shall nor affect rhe validity of the remaining portions of this indemnification'
B. NOTICES:
Any written notice to be given to the Parries in connection with this Agreement may be
affected by personal delivery or by mail and shall be considered effectively tendered upon
actualteceipt. Mailed notices shall be addtessed âs set fofth below:
To CITY: CitY of Stockton
Stockton Fire DePartment
425 North El Dorado Steet
Stockton CA95202-1997
ro '.'GENCY: fl%"f*'$.parrrnent
25 E Pine Street
Lodt, CA 95240
9. INSURANCE:
AGENCY and CITy shall each secure and maintain at its own expense, during the life
of this ,tgteemeng Workers' Compensation, genetal liability, and other insurance covetage in
the form and amounrs ser forth in the armched Exhibit Â, which is incorporated herein by
reference.
10. '\TTORNEY'S FEBS
In the event any dispute between the Parties arises, under or regarding this 'Agreement'
the ptevailin gpatq in any litigation of the dispute shall be entitled to reasonable attorney's fees
from the party who does not prevail, as detetmined by the court'
11. '{PPLIC,\BLE LAW:
This agreement shall be governed by the l¿ws of the Søte of California'
12. SEVER'{.BILITY:
The inval-idity in whole or in part of any provisions of this Agteement shall not void or
affect the validity of any othet provision of this Âgteement'
73. C,A,PTIONS:
The captions of the sections and subsections of this ,A'geement afe for convenience
only and shall not be deemed to be televant in tesolving any questions of interpretation of
intent.
14. E,NTIREÂGRE,EMENT:
This ,A,greement fePfesents the entfue and integtated agreement between CITY and
ÂGENCY and supersedes all priot negotiations, tepresentatiofls, of agfeemeût, eithe¡ written
or oral. This Agreement may be amended onty by written instrument signed by GITY and
ÄGENCY.
15. AUTHORTTY:
The undersþed hereby represent and warrant that they are authonzed by the party
they purport to represent to execute this A'gteement'
76, EFFECTIVE, D.,{TB OF SERVICB:
Dispatching Service shall become effective on '
IN \øITNESS W"HEREOF, this Agteement has been executed by the respective parties
hereto tfuough their respective authorized ofûcers the day and year first above written'
ATTEST:CITY OF STOCKTON, A
municipal corporation
BY
Bonnie Paige
City Clerk
APPROVED AS TO FORM
JOHN LUEBBE,RKE,
CITY ATTORNEY
BY
APPROVED AS TO FORM
J,TNICB D. MAGDICH
CITY,A.TTORNBY
BY
*,{GENCY'
CITY OF LODI
I(wt Wilson
Cþ Manager
BY
Stephen Schwabauet
City Manager
ATTACHMENT A
INSURANCE REQUIREMENTS
AGENCY and clw shall procure and maintain for the duration of the agreement, insurance against
all claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the obligations there under by either party or its agents, officers'
representat¡ves or emPloYees'
Minimurn LiEtits of lnsurance
AGENCY and CITY shall maintain insurance limits not less than:
1. General liability: $1,000,000 per occurrence for bodily injury, personal injury, and
property damage.
2. Automobile Liability: s1,000,000 per accident for bodily injury and property damage'
3. Workers' Compensation: As required by State law'
Deductibles and Self-lnsured Retention
ClTy has a self-insured retention of S1,000,000 and AGENCY has a self-insured retention of
5500,000. ClTy and AGENCY acknowledge that both are members of and insured in excess of
their self-insured retentions by the California Joint Powers Risk Management Authority (CJPRMA)
other lnsurance Provisions
Each party will provide proof of insurance coverage through cJPRMA.