HomeMy WebLinkAboutCity of Fort Bragg 2024-07-011
AGREEMENT FOR THE
PROVISION OF EMERGENCY DISPATCH SERVICES
J ULY 2024 – JUNE 2029
This agreement for the provision of emergency dispatch services
Agreement) dated July 1 , 2024 ("Effective Date") between the City of Ukiah (“Ukiah")
and the City of Fort Bragg ("Fort Bragg") for the purpose of Ukiah providing Dispatch
Services to the Fort Bragg Police Department in compliance with the Warren 9-1-1
Emergency Assistance Act (Gov. Code § 53100 et seq.) and other applicable laws. Ukiah
and Fort Bragg are referred to in this Agreement as the Parties."
RECITALS:
WHEREAS Ukiah maintains a Public Safety Answering Point (" PSAP") in its
Police Department for dispatching emergency services within the City of Ukiah, including
police, fire, emergency medical and after-hours emergency public works/ utility services.
WHEREAS, the City of Fort Bragg on behalf of the Fort Bragg Police Department
contracted with The City of Ukiah on behalf of the Ukiah Police Department to dispatch
its public safety officers in response to calls to the 9-1-1 emergency assistance phone
number.
WHEREAS the Warren 9-1-1 Emergency Assistance Act requires the Parties to
establish and have in operation within their jurisdictions an emergency dispatch system.
utilizing the 9-1-1 phone number. Such systems may include more than one jurisdiction
and may include territory of more than one public agency.
WHEREAS Government Code Section 6502 authorizes the Parties to contract to
jointly exercise any power common to the contracting parties.
In consideration of and reliance upon the above recitals and the terms and conditions as
set forth below, the Parties agree as follows.
1.STATEMENT OF PURPOSE AND AUTHORITY
The purpose of this Agreement is to set forth the scope of emergency dispatch services
that Ukiah will provide Fort Bragg and the terms and conditions of providing those
Services including the charges for Services. Pursuant to its authority under Government
Code §§ 53109 and 6502, Fort Bragg hereby authorizes Ukiah to provide Dispatch
Services for the Fort Bragg Police Department as more fully described in Exhibit "A",
attached hereto and incorporated herein by this reference. Ukiah accepts the duties and
o bligations described herein, on the general terms and conditions hereinafter set forth
in this Agreement.
COU No. 2425-112
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2. PROVISION OF DISPATCH SERVICES
The Ukiah Police Department through its Dispatch Center will provide Dispatch Services
to the Fort Bragg Police Department in accordance with this Agreement and as more
specifically identified in Exhibit “A” (“Dispatch Services” or “Services”).
3. TERM AND TERMINATION
a. The term of this Agreement shall be from July 1, 2024, through June 30, 2029,
provided, however, that Ukiah or Fort Bragg may terminate this Agreement for any
reason by giving written notice to the other at least 366 days in advance of the effective
date of such termination.
b. In the event this Agreement is terminated prior to June 30, 2029, Ukiah shall
be paid on a prorated basis for only that portion of the contract term during which Ukiah
provided services pursuant to this Agreement.
c. If either Party gives such notice or later retracts the notice prior to the
termination date, the other Party may reject any such retraction, in which event the
Agreement shall terminate on the date stated in the initial notice of termination.
d. This Agreement may be extended upon the written agreement of both Parties.
4. PAYMENT
For services performed in accordance with this Agreement, payment shall be made to
Ukiah on a quarterly basis beginning with the amount provided below. Ukiah shall invoice
Fort Bragg on a quarterly basis and all invoices shall be due and payable within thirty
30) days of receipt. The total annual amount of compensation due to Ukiah for providing
Services under this Agreement shall be $ 4 25,577.64 for FY 24-25.
In subsequent years, the annual amount will be increased by $24,807.45 for FY 25-26,
and by $24,807.45 for FY 26-27, and by $24,807.46 for FY 27-28 and an amount not to
exceed 7 .0% each year thereafter, until contract renewal. Ukiah shall notify Fort Bragg
of any proposed increase in the annual payment by February 1st of each year.
5. INDEMNIFICATION AND INSURANCE
a. Each Party shall be liable for the negligent or willfully wrongful acts or
omissions of its respective officers, agents, and employees in their performance of this
Agreement. Each Party shall defend, indemnify, and hold harmless the other Party
Indemnitee”) and pay any settlement or judgment based on any claim against that Party
for which the Indemnifying Party is responsible or liable. The foregoing obligations to
defend, indemnify and hold harmless shall be limited to negligent or willfully wrongful
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acts or omissions of the Indemnitor's officers, agents, or employees in their performance
of the obligations under this Agreement which result in personal injury or property
damage. As to a claim in which both Parties are alleged to be responsible or liable for
losses or damages relating to the performance of obligations under this Agreement, each
Party shall bear the cost of its own defense, but shall be entitled to indemnity in
proportion to, and based on, an ultimate judgment, determination, resolution or allocation
of proportionate liability or fault.
b. The Parties acknowledge that they are both members of California
Intergovernmental Risk Authority (CIRA) and are parties to the Memorandum of
Coverage issued and amended annually by CIRA. As long as they both remain members
of CIRA and are parties to the Memorandum of Coverage, they do not need to furnish
evidence of any other insurance coverage. If either Party intends to withdraw from CIRA,
it shall give the other Party notice of that intent, not less than sixty (60) days prior to the
effective date of that withdrawal. If the party withdrawing from CIRA does not furnish the
other party with evidence of insurance satisfactory to that party, that party may terminate
this Agreement.
6. WORKERS' COMPENSATION
Each party shall be responsible for work-related injuries to its employees, while they are
performing under this Agreement. Each party shall provide workers' compensation
coverage for its employees as required by law and agree to waive subrogation as to each
other. Each party shall indemnify the other for any liability of the other party arising from
a party's failure to provide the workers' compensation coverage required by this
agreement or state law.
7. DOCUMENTS
Upon request from Fort Bragg, Ukiah shall promptly make available to Fort Bragg in
electronic or other form which Ukiah can reasonably produce from the software utilized
by the dispatch center any data relating to the Dispatch Services provided under this
Agreement, including, but not limited to, recording of calls to the dispatch center,
recording of radio traffic between the dispatch center and Fort Bragg employees, and
data files compiled by the CAD system.
8. REPORTS ON COSTS
Ukiah shall provide Fort Bragg with its approved annual budget for the dispatch center,
audited financial statements relating to the operation of the dispatch center and an
annual accounting of actual expenditures to provide Dispatch Services under this
Agreement upon request by Fort Bragg.
9. GENERAL TERMS AND CONDITIONS
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a. No relationship of employer and employee is created by this Agreement; it being
understood and agreed that Ukiah is a contract service provider. Ukiah is not acting in
the capacity of an employee of Fort Bragg and Fort Bragg shall not be liable for any acts
or omissions by Ukiah nor for any obligations or liabilities incurred by Ukiah.
b. Ukiah, its officers, agents, and employees shall have no claim under this
Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal
time off, overtime, health insurance medical care, hospital care, retirement benefits,
social security, disability, Workers' Compensation, or unemployment insurance benefits,
civil service protection or employee benefits of any kind.
c. Ukiah shall be solely liable for and obligated to pay directly all applicable payroll
taxes (including federal and state income taxes) or contributions for unemployment
insurance or retirement pensions or annuities which are imposed by any governmental
entity in connection with the labor used or which are measured by wages, salaries or
other remuneration paid to its officers, agents or employees and agrees to indemnify and
hold Fort Bragg harmless from all liability which Fort Bragg may incur because of Ukiah's
failure to pay such amounts.
d. In carrying out the work contemplated herein, Ukiah shall comply with all
applicable federal and state workers' compensation and liability laws and regulations
with respect to the officers, agents and/or employees conducting and participating in the
work. Ukiah agrees that such officers, agents, and/ or employees shall not be treated or
considered in any way as officers, agents and/ or employees of Fort Bragg.
e. Ukiah does, by this Agreement, agree to always perform Dispatch Services in
strict accordance with all applicable federal, state, and local laws, ordinances,
regulations, titles, departmental procedures and currently approved methods and
practices in the field of emergency dispatching and that the sole interest of Ukiah is to
insure that said Services shall be performed and rendered in a competent, efficient,
timely and satisfactory manner.
10. ENTIRE AGREEMENT
This Agreement, including all attachments, exhibits, and any other documents
specifically incorporated into this Agreement, shall constitute the entire Agreement
between Fort Bragg and Ukiah relating to the subject matter of this Agreement. As used
herein, Agreement refers to and includes any documents incorporated herein by
reference and any exhibits or attachments. This Agreement supersedes and merges all
previous understandings, and all other agreements, written or oral, between the parties
and sets forth the entire understanding of the parties regarding the subject matter
thereof. The Agreement may not be supplemented, amended, or modified except by a
written document signed by both parties.
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11. ASSURANCE OF PERFORMANCE
If at any time either party reasonably believes that the other party is not adequately
performing its obligations under this Agreement or if Ukiah fails to complete the Dispatch
Services as and when required by this Agreement, the party who believes the other party
is in breach may request from the other party, after providing reasonable notice of the
specific performance deficiencies, prompt written assurances of proper performance and
a written plan acceptable to the party giving the notice, to correct the observed
deficiencies in the other party's performance. The written assurances shall be provided
within ten (10) calendar days of the receipt of the request and thereafter the party
providing it shall fully perform in accordance with its written plan. The parties mutually
acknowledge and agree that any failure to provide such written assurances and written
plan within the required time is a material breach under this Agreement.
12. SURVIVAL
The obligations of this Agreement, which by their nature would continue beyond the
termination on expiration of the Agreement shall survive termination or expiration of this
Agreement.
13. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal,
unenforceable, or invalid in whole or in part for any reason, the validity and enforceability
of the remaining provisions, or portions of them, will not be affected, unless an essential
purpose of this Agreement would be defeated by the loss of the illegal, unenforceable,
or invalid provision.
14. NOTICES
All notices, requests, demands, or other communications under this Agreement shall be
in writing. Notices shall be deemed served for all purposes as follows:
Personal delivery: When personally delivered, notice is effective upon delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the
Party giving notice, notice is effective three (3) mail delivery days after deposit in a
United States Postal Service office or mailbox.
Certified Mail: When mailed certified mail, return receipt requested, notice is effective
on receipt, if delivery is confirmed by a return receipt.
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Overnight Delivery: When delivered by overnight delivery (Federal Express, Airborne,
United Parcel Service) with charges prepaid or charged to the sender's account, notice
is effective on delivery, if delivery is confirmed by the delivery service.
Facsimile transmission: When sent by facsimile to the last facsimile number of the
recipient known to the party giving notice, notice is effective on receipt, provided that (a)
a duplicate copy of the notice is promptly given by first-class or certified mail or by
overnight delivery, or (b) the receiving party delivers a written confirmation of receipt.
Any notice given by facsimile shall be deemed received on the next business day if it is
received after 5: 00 p. m. (recipient’s time) or on a non- business day.
Addresses for purpose of giving notice are as follows:
To UKIAH: CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482
Attn: CITY MANAGER
To FORT BRAGG: CITY OF FORT BRAGG
416 N. Franklin Street
Fort Bragg, CA 95437
Attn: CITY MANAGER
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of
an act or omission of the party to be notified shall be deemed effective as of the first
date that said notice was refused, unclaimed, or deemed undeliverable by the postal
authorities, messenger, or overnight delivery service.
Any party may change its address or facsimile number by giving the other party notice
of the change in any manner permitted by this Agreement.
15. MISCELLANEOUS PROVISIONS.
a. Governing Law. The interpretation and enforcement of this Agreement shall be
governed by California law and any action arising under or in connection with this
Agreement must be filed in a Court of competent jurisdiction in Mendocino County.
b. Waiver. No waiver of a breach of any covenant, term, or condition of this
Agreement shall be a waiver of any other or subsequent breach of the same or any other
covenant, term or condition or a waiver of the covenant, term or condition itself.
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c. Authority to Execute. Each signatory to this Agreement represents and
warrants that she was authorized to execute this Agreement on behalf of the agency for
whom her signature appears and that she executed this Agreement in her authorized
capacity on behalf of that agency.
d. Duplicate Originals. This Agreement may be executed in duplicate originals,
each bearing the original signature of the Parties. When so signed, each such document
shall be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the Parties.
IN WITNESS WHEREOF, the Parties Hereto have executed this Agreement as of July 1,
2024.
CITY OF UKIAH CITY OF FORT BRAGG
By: _______________________________ By: ________________________
Sage Sangiacomo Isaac Whippy
Ukiah City Manager Fort Bragg City Manager
APPROVED AS TO FORM:
By: _____________________________ By: ________________________
David Rapport Baron J. Bettenhausen
Ukiah City Attorney Fort Bragg City Attorney
Darcy Vaughn for David Rapport (Sep 27, 2024 14:00 PDT)
Darcy Vaughn for David Rapport
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EXHIBIT A
SERVICES TO BE PROVIDED
1. DEFINITIONS:
A. "Dispatch Services" are those services routinely provided by a primary PSAP,
including, but not limited to:
Receipt, recording, dispatching, and forwarding of E911 calls.
Receipt, recording, dispatching, and forwarding of TDD calls.
Receipt, recording, dispatching, and forwarding of Text to 9-1-1.
Receipt, recording, dispatching, and forwarding of non-emergency calls for
service.
Two-way radio communication with mobile, portable, and base station radios.
Mobile Data Terminals (MDTs).
Audio recording of radio transmissions conducted on primary use channels.
Audio recording of E911 calls.
B. "E911" means the enhanced 9-1-1 emergency number system, which will provide an
automatic display of the caller's telephone number, subscriber's name and subscriber's
location to the dispatcher.
C. "Dispatcher," means a public safety dispatcher, as defined by California Code of
Regulations, Title 11, Div. 2, Art. 1, Sec. 1001, subsection (w). " Dispatcher" shall also
be synonymous with the Ukiah job classification for the position of "dispatcher".
D. "CAD," means a computer aided dispatch system: a combination of hardware and
software, which allows for the input, tracking, recording, and reporting of calls for service.
E. "Computer equipment," means computer hardware, software, and peripherals.
F. "Calls," means a communication that conveys or requests information, assigns or
directs action, or requests services. This includes communications between officers and
dispatchers.
G. "May" is permissive.
H. "Should" is desirable.
I. “Shall" is mandatory.
2. EXTENT OF SERVICES:
Subject to Fort Bragg performing its obligations hereunder, Ukiah agrees to provide
Dispatch Services to Fort Bragg subject to the following terms and conditions:
A. Radio traffic to and from Fort Bragg Police Department mobile units, portables and
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base stations will be conducted on the Fort Bragg Police Department radio frequency.
Fort Bragg will remain the licensee for this frequency. Fort Bragg grants Ukiah the right
to use the frequency for the purpose of fulfilling this contract. While utilizing the
frequency, Ukiah agrees to comply with all applicable rules and regulations of the
Federal Communications Commission.
B. Emergency, non- emergency and text calls for service shall be dispatched according
to the Ukiah Police Department CAD protocols, pre-arrival instructions and unit
recommendations. Fort Bragg and Ukiah agree to meet not less than annually during the
term of this agreement to discuss what CAD changes may be needed to reflect the
inherent differences between calls in Fort Bragg and Ukiah jurisdictions.
C. Calls seeking other emergency services, including fire, emergency medical and
ambulance services, shall be transferred to (707) 459-5336, provided however, that if
the delay in transferring the call could result in immediate harm or risk of harm in a
medical emergency, Ukiah Dispatch may provide some or all dispatch services for that
medical emergency, as necessary, to avoid that harm or risk of harm.
D. Radio transmissions by Fort Bragg Police Department personnel to Ukiah Dispatch
shall conform to the standards and practices used by Ukiah. This includes but is not
limited to the format for notifying Dispatch of officer-initiated activity, the format for
requesting automated systems inquiries, and the format for call dispositions.
E. When Ukiah and Fort Bragg calls are handled jointly by one or more dispatchers, the
priority assigned to any call will be determined solely by the nature of the call and without
regard to whether the call originated from the jurisdiction of Ukiah or Fort Bragg.
F. Fort Bragg is responsible for answering Fort Bragg Police Department business calls
during normal business hours of Monday through Friday, 8:00 a. m. to 5: 00 p. m.
holidays excluded). Ukiah agrees to accept business calls for the Fort Bragg Police
Department only during non-business hours.
3. EQUIPMENT AND PERSONNEL:
A. Ukiah shall provide and maintain the personnel, equipment, and materials in the
dispatch center necessary to deliver Dispatch Services to Fort Bragg, in compliance with
applicable E911 regulations, continuously twenty-four (24) hours per day, seven days
per week, fifty-two (52) weeks per year. Fort Bragg shall be responsible for providing the
personnel, equipment, and materials necessary to utilize these Dispatch Services.
B. As a condition of Ukiah performing services under this Agreement, Fort Bragg, at its
own expense, shall facilitate the connection of its radios, emergency phone lines, and
business phone lines to the Ukiah Dispatch Center, ensuring that calls and radio
communications within Fort Bragg are properly received by the Ukiah Dispatch Center.
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C. Ukiah shall ensure that its dispatch operations include the necessary equipment and
personnel to maintain continuity of services during disruptions, such as power failures
or disaster incidents.
D. Ukiah shall recruit, select, hire, and train the Public Safety Dispatchers required under
this Agreement. These individuals shall be employees of Ukiah, and Fort Bragg's
personnel rules and regulations shall not apply to them.
E. All recruitment, selection, hiring, retention, assignment, and training shall comply with
Ukiah's current standards, rules, policies, and procedures, as well as the regulations of
the California Commission on Peace Officer Standards & Training and applicable state
and federal laws.
F. Ukiah shall be responsible for maintaining and upgrading the personnel, equipment,
and materials necessary for Dispatch Services, including computer equipment, radio
equipment, and the software used on Mobile Data Terminals (MDTs). Fort Bragg shall
be responsible for the purchase and installation of MDTs and any additional licenses
required for the software on Fort Bragg's MDTs, while Ukiah will maintain and upgrade
the CAD program used on these devices.
Ukiah’s IT department may assist Fort Bragg with the installation of MDTs upon request.
Ukiah will charge Fort Bragg for these IT services at the rates specified in Attachment
A, "IT Billable Hours and Rates." Ukiah’s IT department must bill Fort Bragg within 30
days of rendering these services. The agreement allows for an annual increase of up to
5.0% in IT billable hours and rates. Ukiah must notify Fort Bragg of any proposed rate
changes by February 1st each year; if no notification is given, a 5.0% increase will
automatically apply from July 1st of the same year.
4. SCHEDULING:
A. Dispatch scheduling shall be at the discretion of Ukiah. Fort Bragg agrees to keep
Ukiah informed of all planned or reasonably foreseeable events that by their
nature could require additional dispatch staffing.
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ATTACHMENT A
IT BILLABLE HOURS AND RATES
Time of Service Rates
Business Hours
Monday – Friday, 8:00am – 5:00pm
On site : (T=Tier) / Hour
T1-$155 T2-$180 T3-$215
Remote : (T=Tier / Hour
T1-$125 T2 -$150 T3 -$185
After Hours
Monday – Friday, 5:00pm – 11:00pm
Saturday, 9:00am – 5:00pm
On site : (T=Tier) / Hour
T2-$215 T3-$235
Remote : (T=Tier) / Hour
T2-$175 T3 -$200
Overnight
Monday – Friday, 11:00pm – 8:00am
Saturday, 5:00pm – Monday, 8:00am
On site : (T-Tier) / Hour
T2-$250 T3-$300
Remote : (T-Tier) / Hour
T2-$225 T3 -$250
Holidays
On site : (T=Tier) / Hour
T2-$300 T3-$350
Remote : (T-Tier) / Hour
T 2 -$275 T3 -$325
Problem Severity Initial Response Time Escalation Expected Time to Resolution
Emergency
Business Hours)
1 hour N/A Determined by the nature of the
event - normally 4 hours
Critical –
Site Impact
2 hours/next business
day
1 hour Determined by the nature of the
event – normally 8 hours
Major –
Departmental Impact
4 hours/next business
day
4 hour Determined by the nature of the
event – normally 8 hours
Normal –
User Impact
8 hours/next business
day
8 hour Determined by the nature of the
event
Nuisance Issues
16 hours/2nd business
day
4 hour Determined by the nature of the
event
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