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HomeMy WebLinkAbout09. Fire JPA Dispatch Svcs AGENDA MEMO DATE: April 12, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Lonnie Croom, Fire Chief SUBJECT: AGREEMENT FOR JOINT POWERS COMMUNICATION CENTER RECOMMENDATION That the City Council approve a new Dispatch Services Joint Powers Agreement (JPA) with the cities of Compton, Santa Fe Springs and Vernon for the Joint Powers Communication Center (JPCC). BACKGROUND The cities of Downey, Compton, Montebello, and Santa Fe Springs fire departments have utilized fire communications services from the JPCC, located at Downey Fire headquarters, since 1975. By sharing the JPCC with neighboring fire departments, it has allowed effective emergency radio services at reduced costs. Recently, the city of Montebello discontinued services with the JPCC, resulting in increased costs to the remaining participants, including Downey. Since that time, the JPCC has been exploring the feasibility of new participants joining the communications center. DISCUSSION This agreement supersedes the 2009 Dispatch Services JPA and includes the addition of the City of Vernon fire department as a JPCC participant. Along with the other JPCC participants Vernon is a member of Area E, this geographical area located within Los Angeles County. Vernon is a participant in automatic aid with the surrounding jurisdictional fire departments. Currently, Vernon police department provides dispatch services for their fire department. However, fire communications are transferred to the JPCC during major incidents requiring automatic aid assistance (large fires, hazardous materials releases, etc). Gaining Vernon fire department as a JPCC participant will enhance operational safety by eliminating the transfer of communications from Vernon police department. The addition of Vernon fire department into the JPCC will require one additional overhead staff position to aid in the management of the four cities’ 23,425 emergency fire responses and support needs. Vernon’s response totals last year were 1,406 or 6% of the JPCC’s total incidents. This supervisory position will allow for improved quality assurance, increased employee training, and increased call-taking and radio staffing, allowing the center to continue to work towards tiered dispatching capabilities. Tiered dispatching will more effectively utilize paramedic units. CITY OF DOWNEY, CALIFORNIA Vernon fire department is responsible for all associated start-up costs to join the JPCC. The earliest projected date for Vernon to enter into the JPCC is July 1, 2011. FISCAL IMPACT With the addition of Vernon into the JPCC, the following fiscal impact will result: An increase in JPCC budget of $127, 315.79 for supplies, services, and personnel cost, effective June 1, 2011. An increase in JPCC revenue of $146,872.26. City of Downey fire department’s JPCC fees will be reduced from $517,123.48 to $511, 976.76, or a reduction of $5,146.72. PROGRAM 102640 JPCC BUDGET CITY OF DOWNEY FEES FY 2010 – 2011 $1,366, 768.00 $517, 123.48 FY 2011 – 2012 $1, 494, 083.79 $511, 976.76 TOTAL <+$127, 315.79> <-$5, 146.72> All participating JPCC fire departments’ fees will be reduced as a result of the addition of Vernon into the JPCC, while improving the overall performance of the center through improved fire ground safety, increased resource efficiency, and improved management. cc: Attachment 2 DISPATCH SERVICES JOINT POWERS AGREEMENT This Dispatch Services Joint Powers Agreement (“Agreement”) is hereby made and entered into this 12th day of April, 2011, by and between the CITY OF DOWNEY, a California municipal corporation (“Downey”), CITY OF COMPTON, a California municipal corporation (“Compton”), CITY OF SANTA FE SPRINGS, a California municipal corporation (“Santa Fe Springs”), CITY OF VERNON, a California municipal corporation (“Vernon”) (collectively, the “Parties” and each of whom is a party (“Party”) to this Agreement). WITNESSETH: WHEREAS, Government Code Sections 53100 et seq. require California cities to implement local emergency telephone systems through which citizens can request and receive emergency aid; and WHEREAS, Government Code Section 53109 provides that such a system may include the territory of more than one public agency; and WHEREAS, In 1978 Downey implemented a Joint Powers Communication Center to provide services to other similar-sized fire departments; and WHEREAS, Downey has developed an efficient fire dispatch and alarm system (“the System”) with the capacity to meet the requirements of Government Code Sections 53100 et seq. for the Parties; and WHEREAS, it is more economical and efficient for Downey to dispatch emergency fire equipment for the Parties; and WHEREAS, Government Code Sections 6500, et seq. provide that one or more public agencies may contract for the joint exercise of any power common to the contracting parties; and WHEREAS, Downey has provided emergency fire equipment dispatch services to various cities. Pursuant to that certain agreement entitled ”Agreement”, dated October, 2009, (“the 2009 Agreement”) and the Parties desire to continue using the services of Downey for dispatching emergency fire equipment and to contribute to the development, operation, use and maintenance of the System in order to reduce capital and operational costs. NOW, THEREFORE, in consideration of their mutual covenants and conditions, receipt of which is hereby acknowledged, the Parties agree as follows: Purpose. The 2009 Agreement is hereby terminated. The purpose of this adopted Agreement is to improve coordination at an emergency scene of fire apparatus used by the Parties and to consolidate fire reporting and dispatching into one facility along with a centralization of a dispatching system for fire and other emergencies, thereby meeting the requirements imposed on the Parties by Government Code Sections 53100 et seq. Said purpose shall be accomplished by 3 Downey’s exercise of the powers specified in Government Code Sections 53100 et seq. (i.e., the provision of emergency dispatch services as further delineated herein) on behalf of the Parties. Pursuant to Government Code Sections 6500 et seq., Downey shall provide fire reporting and dispatching services to the Parties through the System and communication facility located in and operated by Downey (the “Joint Powers Communications Center” or “JPCC”), all under direct control and supervision of Downey. Cost of the System. The cost of maintaining and operating the System and JPCC will be paid by the Parties in accordance with the following formula: 2.1. Total operating costs (called “Total Costs”) shall be apportioned to each Party according to the following four factors: 2.1.1Costs for supplies and services, other than direct charges, shall be divided equally among the Parties. Supplies and services shall not include City of Downey building rental charges. 2.1.2Costs for personnel shall be divided among the Parties in proportion to the Recorded Incidents of each Member City. 2.1.3 Equipment costs (non-operating costs) will be charged to each Party on an equal basis. For example, if there are four Parties, each Party will be charged for 25% of the cost of equipment. 2.1.4 The cost for direct telephone line charges will be charged to each Party based on their individual telephone line charge. 2.2 See Appendix for an example of how the calculations are made in accordance with Sections 2.1. 3. Commencement and Termination. This Agreement shall commence April 12, 2011, and shall continue in effect until terminated by unanimous consent of all Parties to the Agreement that have not withdrawn as provided in Section 8, provided, however, that this Agreement shall terminate upon withdrawal of Downey. Upon termination, (1) surplus money contributed pursuant to this Agreement shall be returned to the Parties in proportion to the contributions made, and (2) Downey shall retain any property acquired for use in the JPCC during the term of this Agreement and, if such property is sold, shall pay to each Party then participating in the Agreement that Party’s proportional share of the depreciated value of such property and shall not include any value in the real property owned by Downey. st 4. A proposed budget for the fiscal year will be forwarded to all Parties by March 1 prior to said fiscal year. 4 5. Downey shall provide an accounting of funds and shall provide an annual report of all receipts and disbursements made pursuant to this Agreement. Downey shall calculate each Party’s shared cost as of December 31st for each fiscal year based on the adopted budget for the JPCC and the most current annual data available for the number of incidents. These calculations will be prepared by Downey and shared with each Party as of January 15th of each year. Downey will invoice each Party for their share of the JPCC cost. Each Party will pay Downey within 30 days of receipt of invoice. In the event any Party signs the agreement and commences participation in the use of the facility at a time other. than as of July 1st of any year, percentages shall be adjusted on a pro rata basis depending upon the portion of the year remaining at the time any such new Party commences participation. 6. For each fiscal year, Downey will calculate the difference between each Party’s payment and the actual cost for each Party based on actual fiscal year end expenditures. These calculations of actual costs will use the same apportionment formula when each Party’s shared costs was originally calculated and billed. If there is a surplus, then each Party’s surplus amount will be identified and held in a special reserve. The maximum held in any individual Parties reserve account will be $50,000. Any surplus in excess of the $50,000 maximum will be returned or deducted from the following year’s payment. This reserve shall be used as determined by the majority of Parties then participating in this Agreement. If there is a deficit, each Party will be immediately invoiced for their respective amount due. Any available surplus held from previous fiscal years, once the $50,000 is reached, may be used to pay the deficit amount as directed by the Party in writing to the Downey Fire Chief. 7. Determination of the Total Costs of the JPCC, including equipment, shall be limited to the following items: (a) Telephone Service Fees at the JPCC (1) Two (2) fire-reporting trunk lines from each Party. (2) One (1) station telephone plus line charges of each fire station which is part of the system. (3) Rental of emergency telephone reporting system and equipment directly related to its function. (b) Vocal Alarm System: One (1) vocal-alarm speaker plus line charges to each fire station. (c) Personnel: 5 Two (2) qualified fire dispatchers continuously on duty at the communications center plus one (1) Supervisor (40 hour week) and (1) Network Administrator (40 hour week). (d) Other components or equipment agreed to be installed by the Parties. 8. Any Party may withdraw from this Agreement at any time upon One Hundred and Twenty (120) days written notice to all of the other Parties, provided, however, that withdrawal by Downey shall require 365 days written notice. In the event that a Party other than Downey withdraws pursuant to this Section, the percentage cost share of each remaining Party shall be readjusted upon the effective date of withdrawal so that the amount to be paid by each remaining Party shall be pro- rated and shall equal the percentage that each remaining Party bears of the accumulated total as calculated in the manner set out in Section 2 of this Agreement. 9. Each Party shall install the following minimum communication equipment for each fire station: (a) Direct telephone line with handset terminating at the communication center in Downey. (b) Vocal or paging line and speaker terminating at the communication center in Downey. (c) Two (2) emergency reporting trunk lines terminating at the communication center in Downey. 10. Parties may install special or extra telephone equipment or electronic equipment in addition to the standard equipment required by this Agreement, provided that the installing Party shall pay, as its sole cost, for all such special or extra equipment. 11. All installation, maintenance and repair orders for any communication equipment used in the performance of the obligations imposed by this Agreement shall be directed through Downey. 12. The staff members in charge of implementing this Agreement shall be the City Manager or City Administrator of each Party and the Fire Chief of each Party. Operational procedure shall be agreed upon by a majority of the Fire Chiefs of the Parties and the Fire Chiefs of the Parties shall meet not less than quarterly to consider revisions to operational procedure or other matters regarding the JPCC. Each Party shall be responsible for the proper disposition of its business telephone calls. In the event that it is necessary in an emergency to change operational procedure, or in the event operational procedure cannot be agreed upon by a majority, then the procedure shall be determined by the Fire Chief of Downey. 6 13. Each Party shall provide and maintain accurate mapping and related fire protection information necessary for efficient fire dispatching and each Party shall be responsible for all such information and for maintaining such mapping and shall cause changes therein to be sent to the JPCC, and in the event any damage is caused or delay in responding to any emergency is caused by the inaccuracy of such information so supplied, or the failure to supply changes therein, the Party whose responsibility it is to provide such information shall be responsible for any damage or delay caused thereby and shall indemnify Downey and each other Party from any claim of damage, or damages, or cause of action arising there from. 14. Except as stated otherwise specifically herein, it is the intent of the Parties that each Party indemnify the other Parties with respect to liability resulting from each Party’s conduct. Accordingly, each Party shall defend, indemnify and hold harmless the other Parties, their officers, employees and agents, against any claims, actions, losses, damages, liability, costs, attorney’s fees and litigation expenses that result from any actions or inactions of such indemnifying Party, its officers, employees or agents, taken pursuant to the Agreement. 15. Subject to the continual approval by Downey, which may use its sole discretion without limitation, any Party may assign any qualified person, who is an employee of the Party, to the JPCC to perform the duties and functions of a dispatcher. Such person shall be under the supervision and control of Downey while performing such services but such person shall remain an employee of the assigning Party. At any time and without cause, Downey may decide to cancel the assignment after giving ten days written notice to the Fire Chief of the respective Party. The cost of maintaining such a person so assigned may be credited by the assigning Party against its pro rata share of costs to be paid to Downey hereunder, provided, however, that such costs shall not exceed the compensation level of such Party for a dispatcher unless such person is qualified as, and is assigned as, a communications supervisor by Downey. 16. Amendment. This Agreement represents the entire agreement among the Parties. This Agreement shall not be amended, except by written agreement of all Parties that have not withdrawn pursuant to Section 8. 17. Prior Agreements. This Agreement supersedes all prior agreements among the Parties for the maintenance and operation of the System and the JPCC. 18. Governing Law/Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be 7 instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county. 19. Counterparts. This document may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one Agreement. 20. Authority. The persons signing below represent and warrant that all hearings have been conducted and findings made to enter into this Agreement and that they have authority to enter into this Agreement on behalf of the entities for which they are signing this Agreement. 21. Law and Arbitration. This Agreement shall be governed by the laws of the State of California. The parties agree that any and all disputes arising out of or in relation to this Agreement, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services Inc. (JAMS). The arbitrator shall be a retired judge. The decision of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the parties. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. If any of the Parties commences arbitration to enforce their respective rights and/or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses. IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be executed the day and year opposite each of their respective signatures. ATTEST: CITY OF DOWNEY, a municipal corporation _______________________________ ______________________________________ City Clerk Mayor APPROVED AS TO FORM: _______________________________ City Attorney 8 ATTEST: CITY OF COMPTON, a municipal corporation _____________________________ _______________________________________ City Clerk City Manager APPROVED AS TO FORM: _______________________________ City Attorney ATTEST: CITY OF SANTA FE SPRINGS, a municipal corporation _______________________________ ______________________________________ City Clerk Mayor APPROVED AS TO FORM: _______________________________ City Attorney ATTEST: CITY OF VERNON, a municipal corporation _______________________________ ______________________________________ City Clerk Mayor APPROVED AS TO FORM: _______________________________ City Attorney 9