13-0110
AGREEMENT BETWEEN
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THE CITY OF FREMONT AND
THE ALAMEDA COUNTY FIRE DEPARTMENT
REGARDING THE REGIONAL
EMERGENCY COMMUNICATIONS CENTER
AND FIRE DISPATCH SERVICES N
W
AGREEMENT BETWEEN THE CITY OF FREMONT AND
THE ALAMEDA COUNTY FIRE DEPARTMENT
REGARDING THE REGIONAL EMERGENCY COMMUNICATIONS
CENTER AND FIRE DISPATCH SERVICES
THIS AGREEMENT is made and entered into by and between the Alameda County Fire District, a dependent fire district formed under the Fire Protection District Law of 1961 (Health and Safety Code Sections 13801 'et seq.) and governed by its Board of Directors, hereinafter referred to as ALAMEDA COUNTY FIRE DEPARTMENT ("ACD") and the CITY OF FREMONT ("City"), a municipal corporation, "Parties" collectively, regarding the Alameda County Regional Emergency Communications Center (solely administered and managed by ACFD).
In consideration of the mutual promises contained herein, the parties hereto agree as follows:
SECTION 1 -DEFINITIONS AND ACRONYMS.
ACFD "ACPD" means the Alameda County Fire District (also known as the lameda County Fire Department), or any successor organization ol uccessor governmental entity
Authorized "Authorized Representative" means the person authorized by the ACFD Representative or the City to act on behalf of AFCD or City on all issues pertaining to Board of Directors "Board of Directors" means the Board of Directors of the Alameda County Fire Department and governing body of the ACFD.
ACRECC "ACRECC" means Alameda County Regional Emergency Communications Center which is solely administered and managed by ACPD.
City "City" means the City of Fremont.
City Council "City Council" means the City Council of the City of Fremont.
City Manager "City Manager" means the City Manager of the City of Fremont.
Designee
County
Fire Chief
2 Fiscal Year "Fiscal Year" means the annual period commencing on July 1 and ending June 30.
Dispatch specific Dispatch specific terminology used in this Agreement shall be used in terminology nanner consistent with the definitions published by the National Fir Protection Association (NFPA) as it may exist from time to time.
SECTION 2 - TERM
This Agreement is for the provision of emergency fire and medical dispatch services for a five SECTION 3 - SCOPE OF SERVICES
During the term of this Agreement, ACED utilizing the ACRECC shall provide to City and be fully responsible for the following services.
3.1 Dispatch General Service Criteria and Guidelines
3.1.1 ACFD utilizing the ACRECC shall provide all dispatch services identified below to all areas within the incorporated limits of the City and areas outside the City when City is providing mutual aid.
3.1.2 ACFD shall operate the ACRECC dispatch center in accordance with all applicable laws and National Fire Protection Association® (NFPA) Codes and Standards. ACFD shall also consider nationally recognized standards of best practices established by professional associations (c.g.: Association of Public- Safety Communications Officials, and National Emergency Number Association), and recommendations of the ACRECC Advisory Board.
3.1.3 ACPD shall maintain continuous accreditation as an Accredited Center of Excellence (ACE) by the National Academies of Emergency Dispatch (NABD®).
3.1.4 ACFD shall utilize appropriate radio systems for dispatch communications at ACRECC.
3.1.5 ACFD utilizing the ACRECC shall receive and respond twenty-four hours a day all 911 calls for fire, rescue, hazardous materials and emergenoy medical calls, etc. for the CITY.
3.1.6 ACFD utilizing the ACRECC shall monitor and reply twenty four hours a day all emergency radio traffic from the City. This includes the recall of off duty personnel, making notifications to Command Staff, calling for mutual aid 3 assistance, notifying utility companies, and notifying other public safety agencies, and other notifications as required in CITY fire department policies and procedures. ACRECC staff shall take direction from CITY designated fire
3.1.7 ACFD utilizing the ACRECC shall monitor and reply to all non-emergency radio traffic from the CITY twenty four hours a day. This shall include companies in service for work details and training and companies in and out of service status.
3.1.8 ACFD utilizing the ACRECC will provide a high level of customer service to the City in accordance with the City's customer service philosophies.
3.1.9 ACFD utilizing the ACRECC will provide agreed upon dispatch services in accordance with current CITY fire department policies and procedures on record with ACRECC as amended from time to time.
3.2 Fire Dispatch
During the term of this Agreement:
3221 Computer Aided Dispat AD) shran Recapill operate and maintain a
3.2.1.1 Tracking the status of all City resources.
3.2.1.2 Entering locations of incidents by street address, intersection, common place name, or latitude/longitude coordinates.
3.2.1.3 Alerting fire stations of new incidents by voice, printed message, page, and radio announcement.
3.2.1.4 Entering in pertinent information related to active incidents. 3221.5 Wouring that all systems and lectronic interfaces are maintained and
3.2.2 ACFD utilizing the ACRECC will utilize the following radio systems for unit-to- dispatch communications:
3.2.2.1 Alameda County 800 MHz Trunked Radio System
32222 Lair Meet a. And Frequenoratory 400 MI2 Trunked Radio System
3.2.3 Fire and other non-medical emergencies shall be answered within 10 Seconds 90% of the time and dispatched within 60 seconds 90% of the time in accordance 4 with the agreed upon standard of cover and fire department policies and procedures on record with ACRECC.
3.3 Emergency Medical Dispatch '
ACFD through ACRECC shall provide Emergency Medical Dispatch (EMD) Service, in accordance with Medical Priority Dispatch System ("MPDS®") standards, twenty-four hours a day.
3.3.1 For EMD dispatch, ACFD through ACRECC shall operate and maintain a Computer-Aided Dispatch (CAD) system capable of:
3.3.1.1 Tracking the status of all fire agency resources • 3.3.1.2 Entering locations of incidents by street address, intersection, common place name, or latitude/longitude coordinates
3.3.1.3 Alerting fire stations of new incidents by voice, printed message, radio announcement, and/or page.
3.3.1.4 Entering pertinent information related to active incidents
3.3.1.5 Ensuring that all systems and electronic interfaces are maintained and working
3.3.1.6 Tracking all dropped calls by time elapsed before the call was dropped.
3.3.1.7 Tracking all calls placed on hold, including the amount of time the caller is kept on hold.
3.3.1.8 Tracking calls for which First Responder Advanced Life Support (FRALS) and/or ambulances are sent to an incorrect location including cause if known and if call results in a late response.
3.3.2 ACFD shall adhere to the following the National Academies of Emergency Dispatch (NAED®) standards:
3.3.2.1 Every 9-1-1 call for medical assistance received by ACRECC will receive the appropriate EMD in accordance with NAED® and MPDS® standards.
3.3.2.2 All dispatchers shall be certified in EMD by the NAED® before he/she completes the initial training program and shall maintain certification for the duration of his/her employment. If a dispatcher certification expires, hat dispatcher may not perform the duties of an EMD until the ertification has been renewed
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3.3.2.3 Pre-Arrival Instructions (PAIs) shall be given to the caller based on the outcome of the EMD protocol.
3.3.2.4 Patient updates, including updates to MPDS® determinants, shall be given to all County contracted ambulance providers responding to the scene.
3.3.2.5 FRALS units responding via ACRECC dispatch shall receive patient updates on the designated FRALS channel(s). FRALS units not responding via ACRECC dispatch may receive updates on the ACRECC designated channel.
3.3.3 ACFD shall operate and maintain 9-1-1 telephony equipment in accordance with all State, Federal, and industry standard guidelines.
3.3.3.1 Emergency Medical 9-1-1 calls shall be answered in 10 seconds or less 90% of the time. Calls placed on hold and not re-answered within the initial 10 second limit shall not be considered compliant. Exception:
Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAIs.
3.3.3.2 Emergency medical 9-1-1calis shall be processed from time the location is verified until the recommended units are notified in 60 seconds or less 90% of the time. Exception One: A call requiring the use of translation services. Exception Two: Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAls.
SECTION 4 - QUALITY IMPROVEMENT
4.1 ACFD shall use ProQA® | AQUA™M software, or other software agreed upon in writing by the Parties, to perform regular Quality Assurance / Quality Improvement review in accordance with NAED® standards.
SECTION 5 - REQUIRED REPORTS AND ANCILLARY SERVICES
5.1 ACFD shall submit monthly reports to CITY detailing the following:
5.1.1 QI Summary Report - Includes total number of medical calls and Communication Center Protocol Compliance Report (Exhibit A).
5.1.2 Calls by Event Type - Includes total number of dispatched calls utilizing the
5.1.3 EMD/ProQA system (Exhibit B).
5.1.4 Determination Drift Report (see Exhibit C).
6 5.1.5 Total Calls Dispatched by Responding Agency (Exhibit D).
5.1.6 Dispatch Time Analysis (Exhibit E).
5.1.7 Dispatch compliance with call-taking and dispatching goals in this Agreement.
5.2 ACFD shall inform the CITY designated fire Command Staff of any and all substantial complaints regarding the provision of services under this agreement by ACFD utilizing ACRECC through submission of an Unusual Occurrence Report to CITY designated fire • Command Staff within ten (10) business days of receipt of a complaint.
5.3 ACFD shall reasonably accommodate requests for service from the CITY designated fire• Command Staff. Requests for service which are not included within the scope of this e which ar Agreement shall be provided by ACRECC subject to mutual agreement by Fire Chief and City Manager or designee.
SECTION 6 - FACILITY LOCATION/ PERSONNEL REQUIREMENTS
6.1 The ACRECC dispatch center is located within the Lawrence Livermore National Laboratory and may be relocated as approved by the AFD after consultation with the ACRECC Advisory Board.
6.2 ACPD shall ensure all Emergency Medical Dispatchers maintain continuous certification in Advanced Emergency Medical Dispatch by the NABD®:
6.3 ACFD shall ensure all Emergency Medical Dispatchers provide medical dispatch services utilizing the MPDS®.
6.4 ACFD shall provide Emergency. Medical Dispatchers training in the use of ProQA® dispatch software.
6.5 All individuals employed at ACRECC are employees of ACFD. CITY shall not be liable. for one penint if a seriday, read, be At hal be responsible for 9, worker's compensation and other benefits.
6.6 ACED at the time of entering into this Agreement has 38.5 employees working for \CRECC: 1 dispatch manager, 4 shift supervisors, 30 dispatchers, 1 system:
dministrator, 0.5 FTE administrative clerk, 1 quality assurance manager, and 1GI level of ACRECC staffing described above.
SECTION 7 - ADMINISTRATION
7 7.1 Liaison from ACFD to CITY
7.1.1 The Fire Chief and City Manager are authorized representatives of ACFD and City respectively for purposes of administration of this Agreement. The Fire Pisces is despec, ing City Manager, or designee, shall meet as needed to :
7.1.2.1 Budget
7.1.2.2 Operational issues, including changes to service delivery
7.1.2.3 Technical issues related to information technology and system components; and
7.1.2.4 Dispatch operational issues related to field unit reporting and system status management
7.2 Records
7.2.1 ACFD shall provide to CITY all financial and other records reasonably requested by the City Manager or designee related to this Agreement and operation of the ACRECC by ACFD._Records shall be in a form sufficient to enable CITY to
7.2.2 It is understood by CITY and ACFD that the ACPD will continue the current practice of a yearly independent audit of ACD's financial performance. ACFD shall ensure to provide such audit reports to the City Manager or designee within thirty (30) calendar days of publication.
SECTION 8 - ACRECC ADVISORY BOARD AND OTHER REQUIRED
COMMITTEES
8.1 The purpose of the ACRECC Advisory Board shall be to:
8.1.1 Develop and/or review of the ACRECC Strategic Plan and Annual Plan and Budget to include expenses, capital replacement and reserve designations.
8.1.2 Identify opportunities for improvement of services based on best practices.
8.1.3 Establish and adhere to the Advisory Board By-Laws (see Exhibit F), as amended by the Advisory Board from time to time.
8.1.4 Participate in the development review and approval of the ACRECC budget.
8.1.5. Notwithstanding any other provision in this agreement, the ACRECC Advisory Board is not a separate legal entity, and its sole purpose is to advise ACFD in 8 connection with the ACRECC.
8.1.6. Provide input and approve the ACRECC guidelines.
The guidelines for the operation of ACRECC are OĄGs 39.000 through 39.999 attached as Exhibit G to this Agreement. The parties recognize that the OAG's may be amended from time to time and in such case shall replace the OAG's set forth in Exhibit G without further amendment to this Agreement.
8.2 CITY shall be entitled to one representative on the ACRECC Advisory Board.
8.3 ACFD shall utilize quality improvement structures as described in the MPDS®.
8.3.1 Steering Committee:
8.3.1.1 The City Manager or designee shall attend the Steering Committee.
8.3.1.2 The Steering Committee must meet at least twice yearly.
8.3.2 QI team - Internal QI review between EMD manager and EMD-Q's.
8.3.3 Dispatch Review Committee - ACFD shall attend meetings every other month with compliance and quality managers from other dispatch centers within the County to discuss personnel inter-rater reliability and other issues as appropriate.
8.3.4 ACFD shall create other committees as appropriate or required.
SECTION 9 - BREACH OF CONTRACT
9.1 Material Breach by ACFD
9.1.1 Acts or omissions that shall constitute a material breach by ACPD include:
9.1.1.1 Failure to maintain continuous NAED® Accreditation, (see 10.1.4)
9.1.1.2 Failure to meet contract compliance regarding employee certifications.
9.1.1.3 Failure of AFD to provide services in substantial compliance with the ries, and regulations Minor infractions of ta regal ements shalt not. •
9.1.1.4 Falsification of data supplied to CITY during the course of operations, including but not limited to dispatch data, patient report data, response time data, financial data, or falsification of any other data required under agreement.
9 9.1.1.5 Failure to maintain equipment in accordance with the requirements of this Agreement.
9.2 Notice and Cure of Material Breach
9.2.1 CITY shall give ACD written notice, in accordance with Section 15, setting forth with reasonable specificity the nature of a material breach.
9.2.2 ACD shall have the right to cure the material breach within ten (10) business days of receipt of notice. Within five (5) business days of receipt of a material breach notice, ACFD shall deliver to CITY, in writing, a plan of action to cure the material breach or its reasons for disputing CITY's claim of a material breach.
9.2.3 If the material breach, by its nature, cannot reasonably be cured within ten (10) business days, ACFD may request additional days to complete the cure of the breach. Such a request by ACFD shall not be unreasonably denied by CITY.
9.3 CITY Remedies
9.3.1 CITY shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) business days or additional time granted by CITY.
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9.3.2 CITY's remedies for any breach are non-cumulative and in addition to any other remedy available to CITY under this Agreement.
9.4 Material Breach by CITY and ACFD Remedies
9.4.1 ACFD shall give CITY written notice, pursuant to Section 15, setting forth with reasonable specificity the nature of a material breach.
9.4.2 Acts or omissions that shall constitute a material breach by CITY include the failure to make timely payment of undisputed amounts under the terms of this Agreement or uncured violations of any other material provision in this Agreement. Within five (5) business days of receipt of a material breach notice, City shall deliver to ACD, in writing, a plan of action to cure the material breach or its reasons for disputing ACD's claim of a material breach.
9.4.3 CITY shall have the right to cure the material breach within ten (10) business days of receipt of notice. If the material breach, by its nature, cannot reasonably e cured within ten (10) business days, CITY may request additional days t omplete the cure of the breach. Such a request by CITY shall not b
9.4.4 ACFD shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) 10 business days or additional time granted by ACFD.
9.4.5 ACPD's remedies for any breach are non-cumulative and in addition to any other remedy available to ACFD under this Agreement.
SECTION 10- ADMINISTRATIVE PROVISIONS
10.1 Continuous Service Delivery
ACFD agrees that there is a public health and safety obligation to assist CITY in every dispute resolution process. Additionally, in the event the Agreement terminated for any reason, ACFD shall cooperate with CITY in its transition to a new service provider.
10.2 Dispute Resolution
10.2.1 In the event that either party disputes any provision or interpretation of or performance under this Agreement, including cost of service or billing, or contends there has been a material breach of the Agreement, the parties shall meet to attempt to resolve the dispute. Disputes not resolved at the City Manager and Fire Chief (or his/her designee) level may be escalated by giving written notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible.
10.2.2 Within ten (10) business days from the effective date, pursuant to Section 16, of written notice from one party to the other indicating that a dispute is to br mediated, the parties shall mutually select one person who shall mediate thi dispute. The parties should seleçt a qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen (14) business days following the notice, the parties shall each designate one person as a mediator within twenty (20) business days
10.2.3 These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject of the dispute) within twenty (20) business days of the notice. The one selected mediator shall mediate the the dispute within thirty (30) business days and the parties do not agree to an extension of time, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (10) business days thereafter. The parties shall consider the written recommendations of the 11 mediațor.
10.2.4 The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either party by the mediator for good cause shown.
10.3 Termination
10.3.1 This Agreement may be terminated early upon mutual agreement of the parties.
10.3.2 Notwithstanding section 10.3.1, this Agreement may be terminated early upon twelve months advance written notice to the ACFD from the CITY.
10.4 Termination for Cause
If either party fails to cure any material breach, following notice and opportunity to cure, either party, upon written notice to the other, may terminate this Agreement for cause.
The termination shall be effective not less than 90 days from the date of the notice or such longer time as determined by the CITY.
10.5 Termination for Non-Allocation of Funds The terms of this Agreement, and the services to be provided and paid for under this Agreement, are contingent upon the appropriation of funds by the governing bodies of the respective parties in each fiscal year. Should sufficient funds not be allocated: (1) the services provided may be modified upon the parties' mutual written agreement; or (2) this Agreement may be terminated in accordance with section 10.3.
SECTION 11 - COST OF SERVICES.
11.1 Operating Budget
11.1.1 For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit the ACRECC budget for the succeeding one or two fiscal years to the City Manager in accordance with the City's budget instructions and required deadlines. The submitted budget shall estimate and describe the total operating costs for ACRECC and include expenses, capital replacement and reserve designations. The expense, capital replacement/improvement and reserve categories as identified in the financial statement attached as Exhibit "f" represent the categories of ACRECC total operating costs on which the City's cost of services are calculated.
11.1.2 Prior to April 1 of each contract year ACFD shall provide City with an estimate of the cost for services for the next fiscal year based on the budget provided to the City in accordance with Section 11.1.1. The estimate shall be based on the City's proportion of the total the number of dispatch events in the previous fiscal year 12 (July 1 to June 30) multiplied by the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and Paramedics Plus for services provided on their behalf. If the City Manager 01 designee agrees with the cost of services estimate, then he or she shall recommen that the City Council budget for and appropriate funds in an amount not less than the cost of services estimate for the next fiscal year. If the City Manager or designee disagrees with the cost of services estimate then he or she shall promptly notify the Fire Chief, and the City Manager or designee shall meet with the Fire
11.1.3 The City's cost of services shall be calculated based on the total number of calls dispatched by ACRECC and total numbers of calls dispatched for the City annually.
The City will provide sufficient funds to cover their proportionate share of ACRECC cost of services in advance to reimburse ACFD for costs incurred in performance of the work described in this Agreement, and ACFD will have no obligation to perform in the absence of adequate advance funds. ACED will invoice the City ninety (90) days in advance on a monthly basis. Payment will be made directly to the ACFD as described in section 12.1 below. At termination or completion, any excess funds, except the capital improvement fund contributions made in accordance with section 11.3.1, will be refunded by ACFD
11.2 Monitor Indirect Charges
11.2.1 ACFD will evaluate the appropriateness of the County's indirect charges and, where necessary consult, on behalf of all entities contracting with ACD/ACRECC, with the County regarding indirect charges.
11.3 Capital Requirements
11.3.1 The Fire Chief will make capital improvement/replacement project recommendations for each fiscal year to the ACRECC Advisory Board as part of the annual budget which shall be based on the ACRECC fixed asset replacement schedule prepared by ACPD. The ACRECC total operating costs on which the City's cost of service is based may include an amount for capital improvement fund contribution. The amount for the capital improvement fund contribution hall be calculated based on the annual amortized amount of the ACRECC fixe Isset replacement schedule prepared by the ACFD and reviewed and approved by
11.4 Management of Budget.
11.4.1 In accordance with the expenditures authorized by the ACRECC budget, the Fire Chief shall be responsible for managing the ACRECC budget to keep dispatch expenditures within the amount budgeted. If during the year, the Fire Chief 13 believes that the approved ACRECCC budget is insufficient in any respect to insure the provision of service at the service levels required by this Agreement, he speckenhall budeday ly infer the ACRECC Advisor Board in writing
11.4.2 The Fire Chief shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements, and will comply with all provisions of law relating to the subject.
11.4.3 The parties recognize that catastrophic or emergency circumstances may result in a situation where ACFD cannot operate ACREC and meet its dispatch service obligations under this Agreement without incurring unforeseen significant additional costs. In such circumstances, the Fire Chief shall promptly consult with the ACRECC Advisory Board to determine the amount of additional funds required to operate ACRECC and meet its dispatch service obligations..
Fire Chief shall provide written notice to the City of this determination and the City's proportional share of the additional funding amount calculated pursuant to section 11.1.2 and 11.1.3. If City disagrees with the determination or the calculation of its share, it shall promptly notify the Fire Chief, and the City Manager or designee shall meet with the Fire Chief in a good faith effort to resolve the matter. If the parties are unable to resolve the dispute in this manner, then the matter shall be resolved pursuant to the dispute resolution procedures set forth in section 10.2. If the City Manager or designee agrees with the steps necessary to arrange for payment of the additional funds. Determination of the additional steps depends on the amount of the additional funds necessary and whether there is an existing unencumbered appropriation for those funds. If the additional amount necessary exceeds the City Manager's authority or requires an appropriation of funds, then the City Manager or designee shall recommend that the City Council approve the payment of the additional funds and/or appropriate such additional funds..
SECTION 12 - COMPENSATION FOR SERVICES.
12.1 City Payment.
The City shall pay ACFD the actual cost, based on the categories of operating expense as lescribed in section 11.1.1 above, incurred by ACD for providing any and all service o be provided to the City under this Agreement which may be more or less than th amount set forth in the annual estimated cost described in section 11.1.2 above. Actual cost shall be limited to the elements of operating cost described in section 11.1.1 above.
ACFD will provide to the City a reconciliation of payments received and actual cost allocations to the City at the end of the fiscal year, excess funds will be allocated to 14 designated City reserve account for future ACRECC. funding needs with ACRECC Advisory Board's approval. Excess funds remaining at the termination or completion of this Agreement will be refunded to the City in accordance with Section 11.1.3.
12.2 Quarterly Expenditure Report.
No later than 45 days following the end of each quarter, ACFD shall deliver to the ACRECC Advisory Board a report setting forth the actual costs incurred by ACRECC i • the performance of dispatch services during the preceding quarter.
12.3 Method of Billing and Payment.
ACFD will invoice the City 90 days in advance, and the City will pay ACFD the undisputed amounts of the invoice within 30 days of receipt of the monthly invoice.
Billing disputes shall be subject to the dispute resolution process set forth in Section 10.2.
SECTION 13 - INDEMNIFICATION.
13.1 Mutual Indemnification.
Except as otherwise specifically provided in this Agreement or any attachment hereto, ACD/ACRECC, shall defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind or nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of ACFD, their elected or appointed officials, officers or employees in connection with or arising out of the performance by AFD and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality.
Except as otherwise specifically provided in this Agreement or any attachment hereto, the City shall defend, indemnify, and hold harmless the ACFD/ACRECC, their elected and damage or injury to persons or property whatsoever kind of nature, including The indemnity obligations of this Section 13 shall survive the expiration or earlier termination of this Agreement.
SECTION 14 - INSURANCE.
14.1 General and Auto Liability.
15 ACFD/ACRECC shall maintain general and auto liability insurance, including bodily injury and property damage, with a single combined liability limit of not less than $10 million insuring all liability of County, including ACFD and its authorized representatives arising out of and in connection with the provision of service by ACPD under this Agreement, including the use and/or occupancy of City owned equipment, apparatus, real property and premises.
The City shall be named as an additional insured and the policy shall contain cross liability endorsements. An endorsement shall be provided which states that the County coverage is the primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under this coverage. ACFD, on its own or through the County, may self-insure to these limits of coverage. ACFD shall furnish City wit riginal certificates and amendatory endorsements effecting coverage required by thi clause. The endorsements should be on forms provided by the City or on other than the City's forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City. The City reserves the endorsements affecting the coverage required by these specifications at any time.
15. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.
To: City of Fremont To: Alameda County Fire Department
Attn: City Manager Attn: Fire Chief
3330 Capital Avenue, Building A 835 E 144 St. Suite 200 Fremont, CA 94538 San Leandro, CA 94577
16. RELATIONSHIP BETWEEN THE PARTIES. ACFD is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or contractors, including any negligent acts or omissions. ACFD is not City's agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to ACFD. ACFD is not an officer or employee of City, and shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. ACFD shall be solely responsible for providing to, or on behalf of, its employees all legally required employee compensation and benefits.
17. NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed as, or deemed to be, for the benefit of any third party; and no third party shall have any right of action under this Agreement.
18. COMPLIANCE WITH LAW. ACD shall comply with all applicable legal requirements 16 including all federal, state, and local laws in the performance of this Agreement.
19. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
20. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties' intent under this Agreement.
21. CHANGES TO AGREEMENT. Any changes to the Agreement shall be made mutually in writing by both parties.
22. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
23. GOVERNING LAW. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California.
SIGNATORY
IN WITNESS WHEREOF, the City, by resolution or ordinance duly adopted by its City Council, has approved the execution of this contract by its mayor, and the ACD, by order of the County Board of Supervisors has ratified the execution of this contract by the President of the Board of Directors of the Alameda County Fire Department, this … day of , 2013.
Approved as to form and content:
Donna R. Ziegler, County Counsel
Um
By:
William Fleishhacker, Deputy County Counsel
17 ATTEST: COUNTY OF ALAMEDA, a political
Clerk, Board of Supervisors Alameda subdivision of the State of California, acting County, Califomia on behalf of the Alameda County Fire
District (also known as tbe Alameda County
Fire Department)
Kikh Bason
By: By:
I hereby certify under penalty of perjury that the President of the Board of Directors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on Capril 23 _ 2013
Date: 4/30/13
Clerk
Board of Supervisors, County of
Alameda, State of California
18 ADOPTED BY:
CITY OF FREMONT, a Municipal Corporation
Date: 4-10-13
Approved as to form:
Telhe lnel
Nellie Ancel, Senior Deputy City Attorney
19 QI Summary Report
Agonclas ACRECC
View / Fllter By... (Reviewed Cases) AND (Call Date >='4/1/2012) AND (Call Date <= '4/30/2012') Distribution: All Cases
Determinant # of Cases Reviewed % of Cases Reviowed # of Cases Entered % of Cases Entered OMEGA 0. 0.00% 0 0.00%
ALPHA 23 19.49% 23 19.49%
BRAVO 7 5.93% 7 5.93%
CHARLIE 41 34.75% 41 34.75%
DELTA 46 38.98% 46 38.98%
ECHO 1 0.85% 1 0.85%
* Total Cases Reviewed:118 " Total Cases Entered:118
* % Revlewed for Perlod:3.00% Call Volume: 3934
Statistics:
Protocol # # of Cases % Call Volume Case Key PAls PDis Chlof Final Avg Customer Entry Quostions Comp. Coding Service
1 4 0.10% 100.00% 100.00% N/A • 87.50% 95.00% 100.00% 98.60% 100.00%
0.08% 100.00% 100.00% N/A 38.67% 93.33% 100.00% 98.00% 100.00% 3 0.08% 100.00% 100.00% N/A 83.33% 100.00% 100.00% 96.67% 100.00% 16 0.41% 98.44% 98.38% 100.00% 99.33% 86.88% 100,00% 98.81% 100.00% 9 1 0.03% 100.00% 100.00% N/A 100.00% 100.00% 100.00% 100.00% 100.00% *10 22 0.56% 98.50% 99.36% NIA 97.89% 100.00% 99.09% 98.97% 100.00% 11 1 0.03% 80.00% 100.00% 100.00% N/A 90.00% 100.00% 96.00% 100.00% 12 7 0.18% 88.43% 99.14% 100.00% 90.83% 100.00% 100.00% 87.54% 100.00% 13 0.10% 100.00% 100,00% N/A 100.00% 100.00% 100,00% 100.00% 100.00% 17 11 0.28% 89.08% 02.01% N/A 84.65% 100.00% 92.73% 86.85% 100.00%
0.03% 100.00% 100.00% N/A 100.00% 100.00% 100.00% 100.00% 100.00% 19 0.05% 100,00% 99.00% NIA 87.50% 100.00% 100.00% 97.30% 100.00% 21 3 0.08% 89.00% 100.00% N/A 100.00% 100.00% 100.00% 97.80% 100.00% 28 22 0.56% 99.55% 99.27% N/A 96.90% 99.32% 98.18% 98.84% 100.00% 28 6 0.15% 34.50% 100.00% NIA 100.00% 100.00% 100.00% 98.90% 100.00% 30 2 0.05% 95.00% 87.50% N/A 70.00% 100.00% 70.00% 86.50% 100.00% 31 10 0.25% 99.00% 92.00% 91.67% 97.50% 97.00% 100.00% 86.40% 100.00% Totals 118 3.00% 98.31% 98.21% 94.44% 86.24% 98.77% 98.31% 97.94% 100.00% •
•
© 2004. Priorty Dispatch Corporation Selected Protocol: -EMD 5/24/2012 9:15:55 AM • •
1500- ÷ 2000- 2500- 3000- 3500 г
1 AA - 10
AS1 - 66
AS2-ar 271
AŞWF- 1
CA- 36
CO- :
DR-
ELV-
T
"Type Code" Number of Dispatches by Type Code
STR -E 40
TCR + 10
TEST - 4
Determinant Drift
Agencles ACRECC
Viow / Filtor By... (Reviewed Cases) AND (Call Date >= '4/1/2012') AND (Call Dato <= '4/30/2012') Assigned by Dispatcher: Alisa Alioto
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 :0.
ALPHA 1 0
BRAVO 0 0
CHARLIE
DELTA 0
ECHO 0 0
? 0
Totals: 1 1 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 2 :1
Assigned by Dispatcher: Amber Brown
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA :O: 0 0 Q
ALPHA 2 0 • • 0
BRAVO 5000 0
CHARLIE
DELTA HO. (0.
ECHO (0)
? 0 0
Totals: 0 2 1 1 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 8 8 0
Assigned by Dispatcher: Amy Rivera
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0
ALPHA 0 0 0
BRAVO 0 0
CHARLIE (0. 0 0
DELTA :0 0
ECHO 0 0
? 0 0 0
Totals: 0 5 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 5 5 0
© 2004, Priority Dispatch Corporation 6/8/2012 8:21:20 AM Determinant Drift
Agencios ACRECC
View / Filter By... (Reviewed Cases) AND (Call Date >= 4/1/2012) AND (Call Date <= 4/30/2012) Assigned by Dispatcher: Candace Donaldson
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 0 U 0 0
ALPHA 0 0 0
BRAVO 0
CHARLIE 1012 0 0
DELTA 0
ECHO 10. 1(0)
? 0 0 0: 0. 0 0 0
Totals: 0 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 2 0
Assigned by Dispatcher: Chase McMaster
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0
ALPHA 0: 0 0 0
BRAVO 0
CHARLIE 10 11 0
DELTA 10 10. 0
ECHO 0.
? 0 0 0 0
Totals: 0 2 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 4 0
Assigned by Dispatcher: Christina Dravis
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO ?
OMEGA 0 0 0 0 0
ALPHA 0
BRAVO 0. 0 0 0
CHARLIE 0
DELTA 0
ECHO
? 0 0 0
Totals: 0 0 2 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 2 ::0
© 2004, Priority Dispatch Corporation 6/8/2012 8:21:20 AM Determinant Drift
Agencies ACRECC
View / Filter By... (Reviewed Cases) AND (Call Date >= 4/1/2012) AND (Call Date <= 4/30/2012) Assigned by Dispatcher: Esther Luevano
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 0 0 0
ALPHA 0 0 0 0 0
BRAVO 0.
CHARLIE 3. 0 0
DELTA 10 03 0. 0
ECHO (0 DE 0.
? 0 0: 0
Totals: 2 1
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 7 0.
Assigned by Dispatcher: Genevieve Giordano
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO ?
OMEGA 0 0 0
ALPHA 0. 0 0. 0 0 0
BRAVO Q 0 0
• CHARLIE 0 0
DELTA 10. 2 0
ECHO 10: :0
? 0 0 0 0 0
Totals: 2
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 3 Assigned by Dispatcher: Janine Matthews
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO ?
OMEGA 0 0 0 0 0 0
ALPHA 0 0 0 0
BRAVO 0
CHARLIE 0 0 0
DELTA 10. 2 0.
ECHO 10.
? 0 0 0
Totals: 0 2
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 4 220. 0
© 2004, Priority Dispatch Corporation 6/8/20128:21:20 AM Determinant Drift
Agencies ACRECC
View / Filter By... (Reviewed Cases) AND (Call Date >= '4/1/2012) AND (Call Date <= 4/30/2012) Assigned by Dispatcher: Joseph Durrenberger
After Review:
OMEGA ALPHA • BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 0
ALPHA 2 0 0
BRAVO 0
CHARLIE 10. 0- 0 0
DELTA 0. 3 0 0
ECHO 0
? 0.
Totals: 0 2 1 3
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 7 Assigned by Dispatcher: Julie Bradley
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 0 0 0
ALPHA 01 0 • 0 0
BRAVO 0) 0 0
CHARLIE 0: 2 0
DELTA 102 101 0
ECHO
?
Totals: 0 2 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 3 3 1-0.
Assigned by Dispatcher: Kevin Frates
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0- 0 0 0 0
ALPHA 0 0 0
BRAVO 0
CHARLIE 0.
DELTA 10: 10 0
ECHO 0
? 0 0 0
Totals: 2 0 3 3
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 8 :0
© 2004, Priority Dispatch Corporation 6/8/20128:21:21 AM Determinant Drift
Agencies ACRECC
View / Filter By... (Reviewed Cases) AND (Call Date >= '4/1/2012) AND (Call Date <= '4/30/2012) Assigned by Dispatcher: Shannon McGraw
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 0 0 0 0
ALPHA 3 0 0 0 0
BRAVO 0 0
CHARLIE LO)E 3 0 0
DELTA 0 0 0
ECHO
? :0. :0 0
Totals: 3 3 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown .0
Assigned by Dispatcher: Stephanie Wheeler
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0 0 •0
ALPHA 0. 0 0 0 0
BRAVO 0 0 0
CHARLIE 2 0 0
DELTA 10. 0 0
ECHO 0 0 0 0
? 0: 0
Totals: 0 0 1 2 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 3 3
Assigned by Dispatcher: Tara Breazeale
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO ?
OMEGA 0 0 0
ALPHA 0 0 0 0
BRAVO 0 0 0
CHARLIE 10. 0 0 0 0
DELTA 0 10. 0
ECHO 10): 0
? 0 0.:
Totals: 0 0 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 1 © 2004, Priority Dispatch Corporation 6/8/20128:21:21 AM Determinant Drift
Agencies ACRECC
View / Filter By... (Reviewed Cases) AND (Call Date >= 4/1/2012) AND (Call Date <= '4/30/2012) Assigned by Dispatcher: All
After Review:
OMEGA ALPHA BRAVO CHARLIE DELTA ECHO
OMEGA 0. 0 0
ALPHA 0 23 0 0 0.
BRAVO 10. 0 0
CHARLIE 0 10. 413) 0 0 0
DELTA 10. :0
ECHO •0
?L 0 0 0: 0. 3
Totals: 23 7 41 46 1 0
Group Totals Ideal Under-response (risk) Over-response (waste) Unknown 118 1116 2
Selected Protocol: -EMD--
© 2004, Priority Dispatch Corporation 6/8/2012 8:21:21 AM Count of Dispatches by Responding Agency
3000-
2744
2500-
2000-
Count 1500 -
1028
1000-
556
500-
30 28 17 32 •
ACF ALA ALB FRE HAY LAP OKL PRK SRM TRY
responding agency
Dispatch Time Analysis
Control Chart of dispatch: non-PMP Control Chart of dispatch: PMP only 100-
100 UCL=107.8
Sample Mean 50 UCL=57.3
Sample Mean X-58.5
X=21.8
LC=-13.6 LCL=9.2
10 19 37 46 55 64 73 21
82 61 81 101 121 141 161 181 201
Sample
Sample
400-
Sample StDev 23400-
200-
UCL-100.5 € 200- ÷ UC=100.4
S=75.2
0 LCL=49.9 S=647
10 LCL=29.0
46 55 82 1 21 41 61 81
101 121 141 161 181 201
Sample •Sample
Process Capability of dispatch time: non-PMP Process Capability of dispatch time: PMP only Calculations Based on Loglogistic Distribution Model Calculations Based on Loglogistic Distribution Model 60 s
LB 60 s
Process Data
Overal Capablity Process Data Overall Capablity
Po L3
Target Pp
PPL Targe
USL 60 PPL
Sample Mean PPU 0.35 US. 50
21.8178 PPU 0.01
Ppk 0.38 Sample Mean 58.5102
Sample N 4441 Ppk 0.01
Location 2,41754 Exp. Overal Performance Sample N 10055 Location 3,57538 Exp. Overal Performance
Scale 0,385375 3<15
Scale 0.631983 % <LB -
Threshold 0.985424 % > US 1.33
% Total 1.33 Threshold 1.98 % > US 31.69
Observed Performance % Total 31.65
% < LB Observed Performance
0.00 % > USI 4.93 % < LB 0.00
% Total % > US 39.70
4.95 % Total 39.70
12 24 36 48 60 72 84
0 12 24 36 48 60 72 84
60 sec dispatch time compliance = 95.07% 60 sec dispatch time compliance = 60.3% FY 201314 BUDGE T SUMMARY
FY 2013-14 VARIANCE
FY 2012-13 PROPOSED
EXPENDITURE DESCRIPTION • BUDGET BUDGET $ % Comment
Assume 2% COLA effective
7/1/2013, 7% health premium
cost increaso, increase in
overtime based on FY 12-13 YTD
Personnel Costs $5,652,800 $5,988,773 $335,973 5.9% actual Services & Supplies $384,939 $352.769 ($32,170) -8.4% Due to PPE reduction Change the split% from 40% to
Information Technology $779,394 $704,501 (S74,893) -9.6% 30% Facilitles $185,224 $168,118 ($17,106) -9.2% Less furiture/equipment needs Consolidations $0 $0
Grants $362,000 $0 No grant matching for FY 13-14
Increase due to the allocation of
County. Overhead/Lability $84,553 $94,005 $9,452. 11.2% county indirect cost Annual CIP Contribution $250,000 $250,000 $0 0.0%
See list below. Major projects will
Capital Improvement Projects $908,000 $30,000 ($878,000) -96.7% be completed in FY 12-13 Total Proposed Budget 3a605p10S750,65(61002411132
EY2013 NABUDG ET ALLOCATION
FY 2013-14 VARIANCE
FY 2012-13 PROPOSED
FY 11-12 Call ALLOCATED ALLOCATED Start-Up FY 2013-14 Cost AGENCY # BUDGET BUDGET % Costs per Call
EMS 64,760 $2,962,427 $3,041,820 $79,393 2.68%
P+ 125,652 $2,093.075 $2,183,125 $0
Fee for Services Contracts 190,412 $5,055,502 $5,224,945 $0 ACFD 37,536 $1,328,900 $1,218,242 ($110,658) -8.3% $32.46 City of Alameda 6,653 $236,239 $216,326 ($19,913) -8.4% $32.52 City of Fremont 13,887 5504,076 $451,338 ($52,738) -10.5% $32.50 LAP* 11,080 $327,282 $359,474 $32,192 9.8% $32.44
$0
Camp Parks 1,500 $74,490 $87,841 $13,351 17.9% $34.39
ACRECC Members Subtotal 70,656 $2,470,987 $2,333,221 $0 Total 261,068 $7,526,489 | $7,558,166 $0
*LAP FY 12-13 budget is for 11 months only
AGREGC Capital inprovemen Projech Recommendations
Request Approve?
Project Description Budget (Y/N) Comment
Plotter $30,000 Due for replacement
Total $30,000 |
G: ADMINFINANCIAL Finance Team\FY 2013-141FY 2013-14 Budge(12013-14 Budget Revision 5'BUDMASTER_FY 13-14 Date Printed: 2/20/2013 8:47 AM