Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
AGREEMENT FOR COMMUNICATION SERVICES BETWEEN THE CITY OF
RICHMOND AND THE CITY OF EL CERRITO
THIS AGREEMENT is made and entered into this ____ day of ________, 2022 by and between the City of Richmond (“Richmond ”) and the City of El Cerrito, (“El Cerrito”) collectively the “Parties.”
For and in consideration of the mutual promises herein exchanged, the parties do hereby agree as follows:
1. TERM
1.1 Effective Dates: This Agreement shall be effective from July 1, 2022, through June 30, 2027, unless terminated as provided herein.
1.2 Renewals: At any time during the term of this Agreement, the parties may evaluate the terms and modify the Agreement. An y amendment shall be in writing and approved by both parties.
1.3 Termination: Notwithstandi ng the provision of Sections 1.1 and 1.2 above, either Party may terminate this Agreement by gi ving at least nine (9) months written notice to the other party. In the event this Agreement is terminated for any reason prior to June 30, 2027, the obligation of El Cerrito and Richmond for mutual indemnification shall continue after any such termination. El Cerrito’s obligation to provide payments to the Cit y of Richmond for services provided prior to the termination date shall continue after the te rmination of this Agreement, until all outstanding payments owed, if any, are received.
2. SCOPE OF SERVICES
2.1. Duties of Richmond: Richmond agrees, through the Richmond Police Department, to provide comprehensive police dispatch services for the El Cerrito Police Department twenty-four (24) hours per day, three hundred sixty-five (365) days per year. These services shall be as follows:
2.1.1 Emergency and Non-Emergency Telephone Services: Richmond shall receive and process all emergency and non-emergency telephone calls for El Cerrito Police Department, including those received on 9-1-1 telephone lines and on published seven-digit emergency te lephone lines at t he Richmond Police Department Communications Center.
2.1.2 Computer Aided Dis patch: Richmond shall provide dispatch services utilizing a modern Computer Aided Dispatch (“CAD”) System at the Richmond Police Department Communications Cent er. Richmond agrees to authorize El Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
Cerrito to have unlimited access to am end, enter, or view the data within Richmond’s CAD System. The El Cerrito Police Department shall be responsible for any/all hardware or software costs nec essary for access to the CAD System.
The El Cerrito Police Department agr ee s not to release any confidential information from, or grant access to conf idential information by any third party without prior written authorization from Richmond, except that the El Cerrito Police Department may release information that describes El Cerrito Police Department dispatch operation procedures. If El Cerrito believes the information contained in the CAD System would be responsive to a request for records made under the California Public Records Act, El Ce rrito shall forward the PRA request to Richmond’s City Clerk Office.
2.1.3 The California Law Enforcem ent Telecommunications Systems (“CLETS”): Richmond shall provide limited CLETS support for El Cerrito Police Department field activities. For the purposes of this Agreement, the hours during which Richmond shall provide CLETS support will be Monday-Friday, 1800-0700 hours, and Saturday and Sunday, twenty-four (24) hours per day. CLETS support will consist of entering or removing stolen/recovered vehicles, vehicle tows/impounds, missing persons, and locating wanted persons in the CLETS.
2.1.4 CLETS Access: Richmond shall provide access to the CLETS Database during the term of this Agreement; however, El Cerrito Police Department shall be responsible for managing and obtaining CL ETS mnemonics, as well as any/all hardware or software cost associated with accessing the CLETS Database. El Cerrito Police Department will also be responsible for managing and tracking CLETS compliance and personnel certifications.
2.1.5 Richmond Criminal Justice Network System (“ACCJIN”) Access: Richmond shall provide access to ACCJIN during the terms of this Agreement; however, the El Cerrito Police Department shall be re sponsible for any/all hardware, software and personnel access and compliance regulations cost associated with accessing the ACCJIN database.
2.1.6 Technical Services: The El Cerrito Police Department shall be responsible for any/all hardware or software costs associated with secondary hardware or software applications. The Richmond Polic e Department will not provide support for equipment owned by the El Cerrito Polic e Department or any other El Cerrito on-premises equipment.
2.1.7 Records Management Services: El Cerrito Police Department shall be responsible for all hardware and software costs associated with their Records Management Systems.
Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
3. OPERATIONAL ISSUES
3.1. Policies and Procedures: Richmond Po lice Department Communications Center shall be under the direction and management control of the Richmond Police Chief or their designee. Matters concerning communication procedures, operations, complaints, request for changes, and/or similar operational matters provided for under this Agreement shall be submitted in writing by the El Cerrito Police Chief or their designee to the Richmond Police Chief or their designee.
3.2. Conflict Resolutions: During the regular business hours, the supervisory personnel from the El Cerrito Police Department sha ll attempt to resolve problems involving dispatch by contacting the on-duty Comm unications Shift Super visor (“CSS”). If the matter remains unresolved after cont acting the on-duty CSS, the El Cerrito supervisory personnel should contact t he Officer in Charge (“OIC”) at the Richmond Police Department.
3.3. Special Events: Whenever possible, the El Cerrito Poli ce Department shall notify the Richmond Police Department Communications Center of any planned special events at least thirty (30) days in adv ance of the event. If extra personnel are required; the El Cerrito Police Department agrees to reimburse Richmond for any additional cost associated wit h the extra staffing. The cost of and whether extra personnel are required sha ll be reviewed and agreed upon by the Parties to this Agreement at least thirty (30) days in advance of the event.
4. LEVEL OF SERVICE
4.1. Level of Service: Richm ond Shall provide police dispatch services twenty-four (24) hours per day, three hundred sixty-five (365) days per year.
4.2. Staffing: Richmond agrees to maintain the appropriate staffing levels within the Richmond Police Department Communications Center to deliver the services set forth in this Agreement.
5. PROVISION OF LABOR AND EQUIPMENT
5.1 Labor and Equipment: Richm ond shall supply all labor and supplies necessary to maintain the level of service required by this Agreement. Any equipment purchased by the El Cerrito Police D epartment to be utilized by the Richmond Police Department Communication Center (hereafter “El Cerrito Equipment”) shall meet the Richmond Police Chie f’s specifications. All El Cerrito Equipment shall remain within the Richmond Police Departm ent Communications Center during the term of this Agreement but shall be owned by El Cerrito. Richm ond and El Cerrito shall meet and confer before the installation of El Cerrito Equipment to discuss installation, maintenance, and security protocols. Richmond Police Department Communications Center st aff shall use reas onable care when operating El Cerrito Equipment. El Cerri to shall be responsible for routine Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
maintenance, repairs, and upgrades of El Cerrito Equipment. Richmond shall allow El Cerrito employees and contract ors reasonable access to the Richmond Police Department Communications Center to perform maintenance, repair, and upgrades of El Cerrito Equipment, subjec t to any standard security measures employed by Richmond at the Richmond Police Depa rtment Communications Center. In the event of damage to El Cerrito Equipment beyond normal wear-and- tear, Richmond and El Cerrito shall meet and confer in good faith to determine responsibility for any such damage and w hether reimbursement by Richmond, if applicable, shall be direct or a credit against a monthly payment by El Cerrito, as provided for in Section 7.1 of this Agreement.
6. PERSONNEL
6.1 Status of Employees: All persons employed by Ric hmond to perform services pursuant to this Agreement are Richmond employees or contractors and shall always be under the direction and control of Richmond.
6.2 Hiring, Supervising and Managing Employ ees: Richmond is responsible for hiring, supervising, and managing Richmond Police Department Communications Center employees. Richmond is bound to abide by the Collective Bargaining Agreements (“CBA”) covering Richmond employees perf orming services pursuant to this Agreement. The El Cerrito Police Department Chief or designee will be provided an opportunity to the Richmond Police Chief or designee concerning the performance of dispatch personnel performi ng services for the El Cerrito Police Department under the terms of this Agreement.
7. PAYMENT
7.1 Cost Structure: El Ce rrito shall pay Richmond the do llar amounts referenced in the table listed below:
July 1, 2022, to June 30, 2023 $ 812,461
July 1, 2023, to June 30, 2024 $ 828,710
July 1, 2024, to June 30, 2025 $ 845,285
July 1, 2025, to June 30, 2026 $ 862,190
July 1, 2026, to June 30, 2027 $ 879,434
Total $ 4,228,080
Richmond shall invoice El Cerrito monthly based the prorated annual amount. The monthly cost for services rendered under this Agreement shall be 1/12 of the annual cost, payable by the 10th day of each month.
Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
7.2 Payment of Cost: Nonpaym ent by El Cerrito within the timeframe provided for payment in Section 7.1 above for a proper ly charged invoiced monthly bill for services shall constitute a default of this Agreement. In the event of nonpayment, Richmond shall provide notice of default to El Cerrito. If El Cerrito fails to cure the default within 10 calendar days of receiv ing the notice from Richmond (or by the date of any extension granted in writing by Richmond), Richmond’s remedy shall be to terminate this Agreement within thirty (30) days written notice to El Cerrito and to discontinue the provision of services being provided under this Agreement.
In the event this Agreement is terminated pursuant to this Section because of a billing dispute, the Parties shall meet and confer in good faith on an urgency basis to resolve any outstanding issues.
8. INDEMIFICATION AND HOLD HARMLESS
8.1 Indemnification by El Ce rrito: El Cerrito shall indem nify and hold Richmond and Richmond’s officers, agents, employee s, volunteers subcontractors, and independent contractors free and harmless from any claim or liability whatsoever based or asserted upon any act or omission of El Cerrito and El Cerrito’s officers, agents, employees, volunteers, subcontract ors, and independent contractors for property damage, bodily injury, or death, or any other element of damage of any kind or nature, occurring in the performanc e of the Agreement to the extent that such liability is imposed on Richmond by the provisions of California Government Code Section 895.2. El Cerrito shall defend at its expense, including attorney fees, its officers, agents, employees, volunt eers, subcontractors, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions.
8.2 Indemnification by Richm ond: Richmond shall indemnify and hold El Cerrito and El Cerrito’s officers, agents, employ ees, volunteers subcontractors, and independent contractors free and harmless from any claim or liability whatsoever based or asserted upon any act or omission of Richmond and Richmond’s officers, agents, employees, volunteers, subcontract ors, and independent contractors for property damage, bodily injury, or death, or any other element of damage of any kind or nature, occurring in the performanc e of the Agreement to the extent that such liability is imposed on El Cerrito by the provisions of California Government Code Section 895.2. Richmond shall defend at its expense, including attorney fees, its officers, agents, employees, volunteers, subcontractors, and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions.
9. RIGHT TO AUDIT
Upon reasonable notice, ei ther Party shall have the right to inspect and audit any records maintained by the other Party relevant to this Agreement, to the extent allowed by law.
Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
10. INTERNAL POLICIES
If requested by the Richmond Po lice Chief the El Cerrito Police Chief, an internal policy memorandum may be entered into by and bet ween said Richmond Police Chief and El Cerrito Police Chief with respect to questions re lating to the provision of service under this Agreement. The policy will set forth the ques tion raised, and all agreements reached in resolution of the question. The intent and purpose of each such policy shall be to administratively implement, interpret, or clarify one or more provisions of this Agreement. No such policy shall have the effect of amending this Agreement unless an amendment to this Agreement is approved in writ ing by both the El Cerrito City Council and Richmond City Council. In the event of any inconsistency be tween the terms of such policy and the terms of this Agreement, the terms of this Agreement shall prevail.
11. DISPUTE RESOLUTION
11.1 Any controversy, claim, or dispute arising out of or relating to this Agreement shall be settled first by non-binding negotiations. Either Party may initiate negotiation proceedings by giving written notice to the other Party, setting forth the particulars of the dispute, and requesting that the parties meet to resolve the dispute. Within ten (10) days after receipt of such letter, the Parties shall meet on at least two (2) occasions to attempt to resolve the matter. If the controversy is not resolved by informal negotiations within thirty (30) days after the receipt of the written notice, the matter shall be referred to a retired judge or justice selected in accordance with the rules of JAMS (the “Mediator”) for non-binding mediation. Such mediation shall occur in an informal non-binding c onference or confer ences between the Parties in which the Mediator shall seek to guide the Parties to resolution on the matter. At least ten (10) days prior to sa id mediation, each Party shall submit to the Mediator a written statement of not more than ten (10) pages setting forth their respective positions regarding the disp ute. All fees and costs incurred in connection with this mediation shall be equally borne by the Parties.
11.2 Notwithstanding anything to the contrary , Section 11 is not intended to limit or restrict the rights of either party to seek judicial remedy.
11.3 Governing Law; Venue: Th is Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects, according to the laws of the State of California. Any action to enforce or interpret the provisions of this Agreement must be commenced in the courts of the State of California, and the venue for purpose of any action in co nnection with this Agreement of any document referred to herein shall be in County of Contra Costa.
12. SERVERABILITY
If any provision of this Agreement is held by a court of competent jurisd iction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
13. ENTIRE AGREEMENT
This Agreement is intended by the Parties as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof. This Agreement supersedes all prior and contemporaneous agreements and understandings, oral and written, in connection therewith.
14. NO OBLIGATION TO THIRD PARTIES
Nothing in this Agreement, or any of the addend hereto, is intended to nor shall it create any right in any person, firm, corpor ation, or entity, other than in the Parties, including but not limited to employees of the Pa rties, to any of the benefit s hereunder. Nothing in this Agreement is intended to expan d the duties and obligations of El Cerrito and/or Richmond with respect to third parties.
15. ADDITIONAL DOCUMENTS AND AGREEMENTS
The Parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.
16. ASSIGNMENT/DELEGATION
Neither Party shall assign or transfer any intere st in this Agreement or any duty hereunder without consent of the other Pa rty, and no assignment shall be of any force or effect whatsoever unless and until the other Party has so consented.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first above written.
By: ___________________________ By: _______________________ Shasa Curl, Interim City Manager Karen Pinkos, City Manager City of Richmond City of El Cerrito
By: ___________________________ By: _______________________ Louie Tirona, Acting Chief of Police Paul Keith, City of Police Richmond Police Dept. & El Cerrito Police Dept. Communications Contract
Richmond Police Department El Cerrito Police Department