DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
CITY COUNCIL
May 16, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief ~
Brian Mitchell, Deputy Fire Cli ief
(858) 668-4462 or [email protected]
Approval of Agreement with the City of San Diego for Fire and Emergency Medical Services (EMS) Dispatch Services
The Fire Department contracts with the City of San Diego for Fire/EMS dispatch services. These services include: processing all fire, rescue, hazardous materials, and medical related calls via the 911 Secondary Public Safety Answering Point (PSAP); computer aided dispatch (CAD); automated resource selection and response mapping software; paging and messaging services; mobile data computer platform services; software for interface to fire station alerting, and record management systems.
These services are reviewed annually via a correspondence that describes the proposed services, outlines the cost-share formula and provides estimated fiscal cost for the upcoming year. The current agreement will be expiring June 30, 2023. The Fire Department currently maintains sufficient funds for these costs in its operating budget and no additional funding is requested with the approval of the new agreement. In FY 2022-23, these costs were $213,743.11. - -
Recommended Action:
It is recommended the City Council adopt a resolution approving the agreement with the City of San Diego for Fire/EMS dispatch services and authorize the City Manager to execute the necessary documents .
Discussion:
Since 1980, the City of San Diego has provided Fire/EMS dispatch services to the City of Poway Fire Department. Over the years, these services have significantly changed due to technological advancements, costs, industry practices, and increased response demands. Today, dispatch services include: processing all fire, rescue, hazardous materials, and medical related emergency calls via the 911 PSAP; automated medical triage features; dynamic automatic vehicle location driven dispatch of the closest resource to incident type; CAD with paging and messaging services; mobile data computer platform services including mapping, live response routing, and pre-fire planning documentation; and software interface to fire station alerting and record management systems. Over the years, the City 1 of 20
May 16, 2023, Item #7
of San Diego has expanded similar dispatch services and technologies to other municipal fire departments including the Cities of Chula Vista, Imperial Beach, Coronado, and National City.
Each year, the Fire Department receives correspondence from the City of San Diego that describes the proposed Fire/EMS dispatch services and provides estimated fiscal cost for the upcoming year.
The proposed Dispatch Services Agreement includes two attachments, a Fiscal Year 2023 Annual Operating Plan and a previously approved Data Sharing Agreement. The new five-year Dispatch Services Agreement shall become effective July 1, 2023 and expire on June 30, 2028. During each year of the service agreement, the City of San Diego will provide the City of Poway with a revised Fiscal Year Annual Operating Plan with cost estimates for the upcoming fiscal year that can be used for planning purposes and budget consideration. These costs will continue to be part of the Fire Department's annual operating budget preparation and approval process. The purpose of the Data Sharing Agreement is to define the conditions for sharing dispatch information among the parties that have entered into dispatch service agreements with the City of San Diego. The term of the Data Sharing Agreement shall continue until the parties agree to amend or terminate the Agreement. The proposed Dispatch Services Agreement has been developed with input from legal counsel representing both agencies.
Environmental Review:
This action is not subject to California Environmental Quality Act.
Fiscal Impact:
The estimated cost of this agreement for FY 2023-24 is $223,128.45. Sufficient funds have been included in the FY 2023-24 Fire Department proposed operating budget (Account 501050-41050).
Public Notification:
A copy of this report was sent to the City of San Diego.
Attachments:
A Resolution
· B. Dispatch Services Agreement
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of20
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
~
City Manager
May 16, 2023, Item #7
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING FIRE/EMS DISPATCH
SERVICES AGREEMENT BETWEEN THE CITY OF POWAY AND
THE CITY OF SAN DIEGO
WHEREAS, the City of Poway desires to continue providing a high level of responsive, cost-effective emergency and non-emergency Fire/EMS response services to the residents and visitors of Poway;
WHEREAS, since 1980, the City of San Diego has provided Fire/EMS dispatch services to the City of Poway Fire Department and desires to continue accepting Fire/EMS dispatch services from the City of San Diego;
WHEREAS, representatives from the City of Poway and the City of San Diego collaborated in the development of an improved Fire/EMS dispatch services agreement that conforms to acceptable standards for service agreements of this scope; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the City Manager is hereby authorized to execute all necessary agreements for Fire/EMS Dispatch Services between the City of Poway and the City of San Diego, substantially in form as presented at this meeting, with such changes as may be approved by the City Manager and City Attorney.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of May, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
3 of 20 ATTACHMENT A
May 16, 2023, Item #7
THIS AGREEMENT is made by and between the City of San Diego ("San Diego"), a municipal corporation; and the City of Poway ("Agency''}, a municipal corporation; (herein collectively known as "Parties" or individually as "Party"), for the provision of fire and emergency medical dispatch services.
RECITALS
WHEREAS, San Diego and Agency have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, if required by law, Agency, by way of Resolution Number ______ _ dated-------~ approved by Poway City Council, resolved that Agency's interests would be best served by entering into an agreement with San Diego to outsource Agency's fire and emergency medical dispatch services to San Diego; and
WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement; and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and
WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency and San Diego agree as follows:
A. TERM.
This Agreement shall become effective July 1, 2023 and shall expire on June 30, 2028. The Parties shall review this Agreement every year to ensure applicability of all terms and policies. Any modification shall be set forth in writing and be signed by the Parties. The term of this agreement shall not exceed five (5) years unless approved by the San Diego City Council by Ordinance.
B. OBLIGATIONS OF THE PARTIES.
The descriptions herein outline specific aspects relevant to the performance of the emergency dispatch services by San Diego.
San Diego adheres to State recommendations for call answering times and bases dispatcher staffing upon meeting those performance standards.
To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the fire and emergency medical dispatch services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes.
1. The dispatch services that will be provided by San Diego include:
4 of 20 ATTACHMENT B
May 16, 2023, Item #7
5 of20
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
a) Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point ("PSAP").
b) Triaging medical calls using a triage process which includes:
i. Automated triage with call downgrading features.
ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances within Agency's jurisdiction, via the automated Computer Aided Dispatch ("CAD") to CAD interface, or other option as agreed to by the parties. c) Dynamic Automatic Vehicle Location ("AVL") driven dispatch of closest available resource(s), across City lines, to given emergency, incident type(s}, and location(s). d) Paging Services between San Diego's CAD and a messaging services interface. Options for paging services include:
i. Participate in San Diego's paging services contract(s) on a pay per license basis, or ii. Agency can procure their own paging services contract (paid on own) and San Diego will set up paging as long as the technology can integrate with San Diego's CAD. e) Fire Station Alerting via a CAD to a station alerting interface . Options for station alerting include:
i. Participate in San Diego's station alerting system (currently via US Digital Designs) via a CAD to a station alerting interface . Agency will need to procure their own contract for services, hardware, and maintenance, or
ii. San Diego will interface with Agency's existing, self-managed station alerting system.
Agency will be responsible to contact for services, hardware and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone. f) Mobile Data Computer ("MDC") or other mobile platform services including mapping, live-routing, and loading of Agency's self-managed pre-plans. MDCs can be ordered off a list of SDFD supported devices. MDCs will be fully imaged and configured by San Diego Fire IT to be on the SDFD network to SDFD's specifications. No other hardware or configurations or additional software are supported in any capacity g) Mobile Network
i. Apparatus Modem
Data Plan - San Diego will order and issue SIM cards and bill agency for costs.
Agencies will be required to be on San Diego's cellular provider private APN and Data Plan.
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
Network equipment (modems, antennas, etc.) will be procured and supported by San Diego. Equipment can only be supported if it is procured by San Diego off the approved devices list and managed in San Diego's Mobile Device Management system for firmware updates and modem management. Equipment and support costs will be billed to agency. Agency will be responsible for installation of network equipment.
ii. Mobile Phones & Tablets
Agency can opt to procure smartphones and tablets via San Diego's procurement system. In this case, agency will be billed for actual costs of: device purchase (one time}, mobile device management (on-going, based on license fee from provider}, and data usage (on-going, based on carrier charges). When possible, agency will be set up with a sub account on San Diego's data plan and may be billed directly by mobile carrier for data usage. San Diego Fire IT will support devices procured via our system (e.g., manage applications via the device management system).
Or, agency can opt to procure their own devices. In this case, San Diego will not support the device or be able to manage applications unless agency coordinates with SD Fire ITto enroll devices into San Diego's mobile device management system. h) Records Management System ("RMS") services for a CAD to a Fire RMS interface. Options for a Records Management System include:
i. Participate in San Diego's existing RMS system (currently via WATER) via a CAD to a Fire RMS interface. Agency will need to procure their own contract for services and maintenance, or
ii. San Diego will interface with Agency's existing, RMS. Agency will be responsible to contact for services and maintenance as well as costs associated with setting up and maintaining the CAD interface. San Diego will be responsible for supporting the CAD interface alone.
i) Agency may receive a periodic download of CAD data as agreed upon by the parties. j) Agency acknowledges that this contract does not require San Diego to perform analysis of Agency's CAD or response data. However, San Diego may extend the use of secured Internet applications for viewing, analyzing and reporting Agency's CAD data ("web services"). These web services may include on-line dashboards and canned reports with pre-established data collection points, call for service statistics and/or other incident specific data.
k) Any additional or special services provided are described in Addendum A.
2. Additional Services and Equipment. Additional services and equipment utilized in the performance or support of dispatch services may be provided by San Diego, as agreed to by the Parties, which may include but is not limited to: equipment (modems, mobile data 6 of20
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
computers, phones, etc.), enterprise device management services, software applications and licenses.
C. COMPENSATION AND PAYMENT SCHEDULE
Agency agrees to pay to San Diego for services rendered under this Agreement on a fiscal year basis, defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide Agency with an Annual Operating Plan (Attachment 1) for the upcoming fiscal year, which shall be incorporated by reference into this Agreement.
1. For Dispatching Services. San Diego shall be compensated for the performance of services specified in Section B1 as a cost per call. Dispatch fees are subject to change each fiscal year based on the following:
a) The adopted budget for personnel costs which includes fringe and overhead, and; b) Prior year actuals for non-personnel expenditures (NPE). Should the Agency's call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent). c) Should the Agency's call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE.
2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of Agency at Agency's request and which may also include connectivity and start-up costs. Agency may elect additional options in accordance with the "Annual Operating Plan." a) Costs will be calculated based on vendor fees per service or unit of equipment. b) Services and equipment fees are subject to change annually based on vendor rates.
3. Invoices & Due Date: San Diego shall provide to Agency, on a quarterly basis, an invoice statement for services rendered under this Agreement and payment by Agency shall be remitted thirty (30) days thereafter. If Agency disputes any charges it shall nonetheless remit the full amount without waiving its right to a return of the disputed amount.
4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and other evidence at all reasonable times.
D. DATA SHARING.
Data Sharing policies are outlined in the Data Sharing Agreement (Attachment 2). 7 of 20
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT - SAN DIEGO/ POWAY
E. INDEMNIFICATION. In the performance of dispatching services,
1. Agency agrees to defend, indemnify, protect, and hold San Diego and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency officials, employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of Agency or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that Agency's duty to indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of San Diego or its officials, agents, officers, employees or volunteers.
2. San Diego agrees to defend, indemnify, protect, and hold Agency and its officials, agents, officers, employees and volunteers harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to San Diego officials, employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of San Diego or its officials, agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided, however, that San Diego's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of Agency or its officials, agents, officers, employees or volunteers.
3. In the event that both parties are determined to be partially responsible, the principles of comparative fault shall apply and each party may seek indemnification according to such comparative fault.
4. The obligations under this Section shall survive the expiration or earlier termination of this Agreement.
F. RIGHT TO TERMINATE FOR CONVENIENCE
Either Party may terminate the services agreed to pursuant to this Agreement by giving written notice of such termination to the other Party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing Party or other method as set forth in Section O below. The termination of the services shall be effective one hundred and eighty (180) days after the receipt of this notice by the noticed Party.
G. RIGHT TO TERMINATE FOR DEFAULT
If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party's failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the payment of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Party fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement upon written notice, and terminate each and every right of the defaulting Party, and any person claiming any rights by or through the defaulting Party under this Agreement. The rights and remedies of the non-defaulting Party enumerated in this paragraph are cumulative and shall not limit 8 of 20
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
the non-defaulting Party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party.
H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS
To the extent appropriate in light of the rights and duties specified in this Agreement, and as applicable to particular Parties, the following requirements shall apply:
1. Drug-Free Workplace. Agency agrees to comply with San Diego's Drug Free Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-277952 and incorporated into this Agreement by this reference.
2. ADA Certification. Agency hereby certifies that it agrees to comply with San Diego's "Americans With Disabilities Act" Compliance/City Contracts requirements set forth in Council Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference.
I. PRODUCT ENDORSEMENT
Agency acknowledges and agrees to comply with the provIsIons of San Diego's Administrative Regulation 95-65, concerning product endorsement. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego.
J. CONFLICT OF INTEREST
The Parties are subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. Either Party may determine that a conflict of interest code requires the other Party to complete one or more statements of economic interest disclosing relevant financial interests. Upon one Party's request, the other Party shall submit the necessary documents to the requesting Party.
1. The Parties shall establish and make known to their respective employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
2. In connection with any task, neither Party shall not recommend or specify any product, supplier, or contractor with whom such Party has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.
3. If either Party violates any conflict of interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects such Party to liability to the other for all damages sustained as a result of the violation.
9 of20
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
K. JURISDICTION, VENUE & ATTORNEY'S FEES
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney's fees in addition to any other award made in such suit or proceeding.
L. ENTIRE AGREEMENT; AMENDMENTS
This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein. This Agreement may only be amended in writing signed by both Parties.
M. SEVERABILITY
If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void.
N. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses:
To San Diego at:
San Diego Fire-Rescue Department/ ECDC
Attn: ECDC Deputy Chief
3750 Kearny Villa Road
San Diego, CA 92123
To Poway at:
City of Poway
Attn: Fire Chief
13325 Civic Center Drive
Poway, CA 92064
10 of 20
With a copy to:
San Diego Fire-Rescue Department
Attn: Fire Chief
600 B Street, 13th Floor
San Diego, CA 92101
With a copy to:
City of Poway
Attn: City Attorney
13325 Civic Center Drive
Poway, CA 92064
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of Poway.
CITY OF POWAY, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway.
By: ____________ _
Chris Hazeltine, City Manager
Date signed: ________ _
I HERE BY APPROVE the form of the foregoing Agreement, this __ day of ____ ~ 2023.
By: ____________ _
Alan Fenstermacher, City Attorney
ATTEST:
--------~ City Clerk
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
CITY OF SAN DIEGO, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of San Diego, and that I have read all of this Agreement and have executed it on behalf of the City of San Diego.
Date signed: ________ _
By: ____________ _
Claudia Abarca, Purchasing Agent
I HEREBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~ 2023.
MARA W. ELLIOTT, San Diego City Attorney
By: __________ _
___________ ___, Deputy City Attorney
11 of 20
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
ADDENDUM A
(ADDITIONAL OR SPECIAL SERVICES)
In addition to the dispatching services outlined in Section B.1, San Diego will continue to provide to City of Poway use of the area backbone for San Diego's 700 I 800 Mhz Radio Communications System.
This legacy item will remain in effect at no additional charge unless or until Agency opts out. 12 of 20
May 16, 2023, Item #7
13 of 20
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
ATTACHMENT 1
{ANNUAL OPERATING PLAN)
May 16, 2023, Item #7
Fiscal Year 2024 Annual Operating Plan
City of Poway
Dispatching Services by San Diego Fire Rescue:
Fiscal Year 2022 Actual Calls 3,941
Annual Increase 5.00%
Total Dispatching Costs $ 12,009,603.83
Total 911 Calls Processed by San Diego 237,922
FY24 Cost Per Call $
Billing for Fiscal Year 2024 $
50.48 198,930.11
Additional Services & Equipment (prices variable based on quotes for actual equipmenUservices ordered) Annual Price or
Item or Service Description Unit Price
MDC - GETAC purchase (based on PO or invoice) $
MDC - Software License $ 300.00
CentralSquare Charge for AVL devices $ 78.55
Modems - new devices (one-time charge) $ 2,500.00
Modem ECM - Cradlepoint Net Clould Manager $ 180.00
Modems - Data Plan Charges $ 79.98
Modems - Data Plan Charges $ 200.00
Phones/Tablets - new devices (based on invoice) $
Phones/Tablets MOM - Meraki Mobile Device Mgmt $ 25.64
Phones/Tablets - Data Plan Charges (AT&T FirstNet) $ 240.00 Paging App - Zipit $ 48.00
Tablet Command License - Mobile $ 20.00
Tablet Command License - Pro $ 500.00
Tablet Command License - add'I for .units with 1-way Status $_ 200.00 Tablet Command License - add'I for units with 2-way Status+ AVL $ 400.00 FY 2024 Estimated Cost - Add'I Svcs U)
TOTAL FY 2024 COST $ 223,128.45
FY 2024 Billing Schedule:
Quarter 1 $ 55,782.11
Quarter 2 $ 55,782.11
Quarter 3 $ 55,782.11
Quarter 4 $ 55,782.11
$ 223,128.45
FY22 actual call volume, FY24 Base Budget for personnel expenditures, and FY22 actual non-personnel expenditures.
City of Poway FY24 AOP (DRAFT)
14 of 20 -
0 20
18 0
18 18
18 0
20 22
44 5
1 0
0 Total
$
$ 6,000.00
$ 1,413.90
$
$ 3,240.00
$ 1,439.64
$ 3,600.00
$
$ 512.80
$ 5,280.00
$ 2,112.00
$ 100.00
$ 500.00
$
$
$ 24,198.34
1 of 1
May 16, 2023, Item #7
DISPATCH SERVICES AGREEMENT- SAN DIEGO/ POWAY
ATTACHMENT 2
(DATA SHARING AGREEMENT)
15 of 20
May 16, 2023, Item #7
ATTACHMENT 2: DATA SHARING AGREEMENT
THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal corporation; and City of Chula Vista, City of Coronado, City of Imperial Beach, National City, and City of Poway (individually known as "Agency'') that contracts for 911 /Emergency Dispatching Services from San Diego Fire-Rescue Department, (herein collectively known as "Parties" or individually as "Party'').
The purpose of this Agreement is to define the conditions for sharing of dispatch information among the Parties, other public safety entities, and third-party vendors.
RECITALS
WHEREAS, San Diego provides Agency with fire and emergency medical dispatch services under the terms described in the Dispatching Services Agreement, and, WHEREAS, San Diego will perform these services from the Metro Zone Emergency Command and Data Center ("ECDC") and will become a custodian of dispatch data on behalf of Agency, and, WHEREAS, emergency dispatch information is routinely shared across public safety agencies to more effectively and efficiently dispatch emergency resources within the region.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
A. TERM.
This Agreement shall become effective upon execution by the Parties and shall be binding upon all Parties hereto, until such time as the Parties agree to amend or terminate the Agreement. Any modification shall be set forth in writing and be signed by the Parties. If any Agency is no longer contracting for San Diego Dispatching Services, this Agreement will continue to apply to historical data collected while services were rendered.
B. OBLIGATIONS OF THE PARTIES.
1. San Diego will mainta in dispatch records and data in accordance with State and Federal regulations.
2. The Parties understand and agree that their data will be collectively pooled in San Diego's CAD database, and will be visible to other public safety entities that access San Diego CAD data in the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and Infrastructure support (currently CAD from CentralSquare, Vesta from AT&T, network support from San Diego's vendor, Zensar). Vendors may be subject to change.
3. The Parties understand and agree that their data may be collectively pooled in a joint RMS (Records Management System) database (currently WATER Street Fire RMS), and may be visible to other public safety entities that access the database In the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and Infrastructure support (currently FireView from CentralSquare, network support from San Diego's vendor, Zensar). Vendors may be subject to change.
16 of 20
May 16, 2023, Item #7
ATTACHMENT 2: DATA SHARING AGREEMENT
4. RCIP CAD Data Sharing.
a) San Diego is a member of the Regional CAD Interoperability Program ("RCIP"), a CAD-to CAD solution that connects participating San Diego regional emergency communication systems through a third-party vendor, and
b) San Diego's membership in RCIP means that Agency's data contained in San Diego's CAD (e.g., unit location, unit status, active calls, call comments, response address, response type, problem nature, etc.) will be shared in real time with all current or future RCIP members, partners and vendors. Current RCIP members include: Heartland Communications Facility Authority ("HCFA''), San Diego Fire-Rescue Department ("SDFD"), North County Dispatch Joint Powers Authority ("NCDJPA"), San Diego County Fire ("SDCF"), and Escondido Fire Department. Current RCIP partners include American Medical Response ("AMR") and San Diego Gas & Electric ("SDG&E"). The current RCIP vendor for technical support and maintenance of the RCIP network is Kologik (a private corporation). RCIP members, partners, and vendors in turn may have their own members, partners, and vendors.
5. Internet Applications.
San Diego may extend the use of secured Internet applications for viewing and analyzing CAD data for all its contracted agencies ("web services"). Examples of web services Include Vis/Net Browser (a real time and historical CAD view), FireView (data dashboards and reporting tools that include real-time and historical data), TabletCommand (incident command and resource management tool), INTTERRA, FirstWatch, as well as other applications that might be procured or developed.
The specific applications, their nature, and availability are subject to change. Agency understands and agrees that it may choose not to utilize these services, however, in certain cases, Agency's data may still be visible to other contracted agencies who do use these services.
6. Data Use and Disclosure.
a) Any CAD data from other public safety agencies or private companies that may be obtained from CAD views or data sharing applications shall only be used in the performance of each Agency's ascribed duties for the safety of the public, and the Parties will n-ot utilize said data for gain, either personal or corp-orate, other than that gain which is considered to be allowed to be made on behalf of public agencies. The Parties shall not use said data to obtain any perceived advantage or be used against any other Agency, public or private.
b) Any individual Agency's data will not be otherwise used, shared, published or released without that individual Agency's written consent.
c) Public Records Acts requests will be referred to the respective Agency whose data is being requested for handling and response.
d) Legal Obligations to Release. In the case where data release is required by law (e.g., search warrant or court subpoena), the Party being required to turn over data will notify any other respective Agency whose data is included in the mandated release and provide a courtesy copy of data prior to release.
C. INDEMNIFICATION
In the course of data sharing, the Parties agree to defend, indemnify, protect, and hold all other Parties and their agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Page Z of 5
17 of 20
May 16, 2023, Item #7
ATTACHMENT 2: DATA SHARING AGREEMENT
any Party's employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of any other Party, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that each Party's duty to Indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of any Party, its agents, officers, or employees.
D. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c} by electronic mail, upon acknowledgment of receipt of electronic transmission or a reply e-mail; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses:
To San Diego at:
San Diego Fire-Rescue Department/ ECDC
Attn: ECDC Deputy Chief
3750 Kearny Villa Road
San Diego, CA 92123
To Chula Vista at:
Chula Vista Fire Department
Attn: Deputy Chief, Director of Administration
276 Fourth Ave., Building C
Chula Vista, CA 91910
To Coronado at:
Coronado Fire Department
Attn: Fire Chief
1001 6th Street
Coronado, CA 92118
To Imperial Beach at:
City of Imperial Beach
Attn: Chief John French
825 Imperial Beach Blvd.
lmperlal Beach, CA 91932
To National City at:
City of Natlonal City
Attn: Frank Parra, Director of Emergency Services
1243 National City Blvd.
National City, CA 91950
To Poway at:
City of Poway
Attn: Director of Safety Services
PO Box 789
Poway, CA 92074-0789
With a copy to:
San Diego Fire-Rescue Department
Attn: Fire Chief
600 B Street, 13th Floor
San Diego, CA 92101
With a copy to:
Chula Vista Fire Department
Attn: Fire Chief
276 Fourth Ave., Building C
Chula Vista, CA 91910
With a copy to:
City of Coronado
Attn: City Manager
1825 Strand Way
Coronado, CA 92118
With a copy to:
City of Imperial Beach
Attn: City Attorney
825 Imperial Beach Blvd.
Imperial Beach, CA 91932
With a copy to:
City of National City
Attn: City Attorney
1243 National City Blvd .
National City, CA 91950
With a copy to:
City of Poway
Attn: City Attorney
13325 Civic Center Drive
Poway, CA 92064
IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the following cities:
18 of 20
May 16, 2023, Item #7
ATTACHMENT 2: DATA SHARING AGREEMENT
CITY OF SAN DIEGO, A Municipal Corporation
By~
Colin Stowell, Fire Chief
Date signed: _ __:_5%..:....0_:?,_,_Y/_'l_,£2:_· ___ _
I HEREBY APPROVE the form of the foregoing Agreement, this Zl-- day of ,) '../\'<- MARA W. ELIOTT, San Diego City Attorney
2019.
By ,flt;{ I}, ~
NoahJ. Brazler, D~ Attorney
CITY OF CHULA VISTA, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Chula Vista, and that I have read all of this Agreement and have executed it on behalf of the City of Chula Vista.
By:~
~Firerue
Date signed: _S,=.£.~-~=--/_t.....!.7 ___ _
.· ;J,, c.
I HEREBY APPROVE the form of the foregoing Agreement, this .if!_ day of J'Yl_,,"'-v-- , 2019 J
CITY OF CORONADO, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Coronado, and that I have r·ead all of this Agreement and have executed it on behalf of the City of Coronado. ? 1/ ,-) By: / ·- :.:.)_,k: ,-.,;,.- \
Blair King, City Manager(~ ~
Date signed: d-/ /-:it.'.. //: I
I HEREBY APPROVE the form of the foregoing Agreement, this 2-~day of ~ ( , 2019.
Page4of5
19 of 20
May 16, 2023, Item #7
ATTACHMENT 2: DATA SHARING AGREEMENT
CITY OF IMPERIAL BEACH, A Mun icipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Imperial Beach, and that I have read all of this Agreement and have executed it on behalf of the City of Imperial Beach.
By ~,/Jd
Andy Hall, rn(jMa~ager
Date signed: _ c~l _---'I 7'----/----,
1 ~I-[ __ _
·-rv: I HEREBY APPROVE the form of the foregoing Agreement, this j_J_ day of . 2019.
B: -=4-/ ,.!-4'-/, 1/r/;1----. ~~ -,(---'-(}1-,L-,, =-
CITY QF- ATIONAL CITY, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of this Agreement~andhaveexe cuted it o _ behalf of the City of National City.
By: __ ~-_,,....,,- _______ Datesigned : Ob/rtj /r?
) J
Brad.,Renr:ts on, City Manager
I HEREBY APPROVE the form of the foregoing Agreement, this \q ,.._day of 'J" IJ. ()e , 2019.
By ~-
~ c,o\e,. redone ,Jrs~. ~ A-~'J
CITY OF POWAY, A Municipal Corporation
I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway.
-3_. I( f Vi1.
Date signed: ________ _
Tina White, City Manager
I HEREBY APPROVE the form of the foregoing Agreement, this l 1 day of _~;IA_O/b __ ·S~, 2019_ Rutan & Tucker, LLP
Alan Fenstermacher, Poway City Attorney
20 of 20
May 16, 2023, Item #7