HomeMy WebLinkAbout5668 AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Kitsap 911 Service Agreement Study Session Date: December 14, 2016
for enhanced Emergency 911 COUNCIL MEETING Date: December 21, 2016
Communications Services Department: Legal
Presenter: Roger Lubovich
Phone: (360) 473-2335
SUMMARY: The proposed Agreement between Kitsap 911, a public corporation, and the City of
Bremerton provides enhanced emergency 911 communications services to the City including radio
communication, dispatch, teletype service and telephone calls.
ATTACHMENTS: 1) Service Agreement 2) Exhibit A—2017 Service Fees
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: o No Presentation D Full Presentation
STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the Kitsap 911 Service Agreement; and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: 121/Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
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SERVICE AGREEMENT
RE: EMERGENCY COMMUNICATION SERVICES
This Agreement is made this day by and between Kitsap 911, a Washington Public Corporation,
hereinafter"Kitsap 911" and the City of Bremerton, a Washington municipal corporation,
hereinafter, "Customer",
I. RECITALS
A. Kitsap 911 is a public corporation organized and existing under the Washington State
Constitution and the laws of the State of Washington, and particularly those set forth at RCW
35.21.730 through RCW 35.21.759; and
B. The City of Bremerton is a Washington municipal corporation organized and existing under
the Washington State Constitution and the laws of the State of Washington, and particularly
those set forth at Chapter 35.22 RCW; and
C. Kitsap 911 is obligated to enter into this Service Agreement with Customer pursuant to Section
IX of the Kitsap 911 Bylaws.
D. Customer has requested that Kitsap 911 provide enhanced emergency 911 communications
services including radio communication,dispatch,teletype service and telephone calls directed
to the Customer and to refer those calls to Customer by radio or other appropriate means; and
E. Kitsap 911 is willing to provide the requested enhanced emergency 911 communication
services including radio communication, dispatch and teletype services and handle telephone
calls as necessary and refer those to Customer by radio or other appropriate means; and
F. Customer desires to engage the services of Kitsap 911, to provide such services; and
G. Customer and Kitsap 911 recognize the mutual benefit of utilizing Kitsap 911's dispatching
services to meet Customer's dispatching requirements and needs; and
H. Customer will pay Kitsap 911 a fee based on the Service Fee Formula set'forth in Exhibit IX'
of the Kitsap. 911 Bylaws•as more specifically set forth,in Exhibit "A" attached hereto and
incorporated herein, to have Kitsap 911 provide such services to Customer;
NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises and
promises, terms and conditions set forth below, it is hereby agreed as follows:
SERVICE AGREEMENT Page 1 of 6
RE: EMERGENCY COMMUNICATIONS
SERVICES
II. AGREEMENT
` I
A. Communications Services. During the term of this Agreement, Kitsap 911 will provide
Customer,twenty-four (24) hour enhanced emergency 911 communications including call
receiving,monitoring and emergency dispatching service for Customer's citizens, visitors and
responders. Kitsap 911 shall be the primary public safety answering point for Customer.
Kitsap 911 shall ensure all Federal Communicatiions Commission (FCC) radio frequency
licenses include authorization so that Customer can use Kitsap 911's primary dispatch
channels.
B. Technical Assistance. Kitsap 911 may provide technical expertise to Customer as may be
required for proper operations of Customer's systems and for procurement of Customer's
communications equipment.
C. Law Enforcement Agency Data Communications. ]:f Customer is a law enforcement agency,
Kitsap 911 will provide information from the Washington State Patrol Law Enforcement Data
Communications System.
D. Customer Communications Equipment. Unless otherwise agreed to by the parties, Kitsap 911
agrees to be responsible for providing ,and maintaining all communications. equipment
necessary to receive radio communications from Kitsap 911, and for communicating with
Kitsap 911 and between Customer's.personnel. Customer shall be responsible for purchasing,
maintaining, and repairing Customer's base, mobile, and portable communications equipment
including pagers and computers. Customer shall retain the responsibility and authority for its
operational departments and for such equipment and services as required at its place of
operations to connect to Kitsap 911's operations. Interconnecting equipment may or may not
be included in Kitsap 911's budget as the Board of Directors shall determine. However, if
interconnecting equipment is included in the Kitsap 911 budget and provided to the Customer,
Kitsap 911 shall'retain ownership of such equipment.
E. Operational•Procedures. All operational procedures 'shall be determined and established by the
Strategic Advisory Board (SAB) pursuant to Section VIII of the Kitsap 911 bylaws. Any
disagreements regarding operational procedures that cannot be resolved by the SAB shall be
sent for final determination to the Kitsap 911 Board!. .
F. Billing and Non-payment. Customer shall be billf,d in accordance with Exhibit A for the
upcoming calendar year.Unless otherwise agreed to'by the parties,Customer shall make twelve
equal monthly payments, which shall be due by thel end of each month.Should Customer fall
two(2)months in arrears Customer shall be considered delinquent, and in that event, and after
providing the required notice and opportunity to cure as set forth in Section.O. of this
Agreement, Kitsap 911 shall,have authority to terminate all services to Customer and all
SERVICE AGREEMENT Page 2 of 6
RE: EMERGENCY COMMUNICATIONS
SERVICES
participation of Customer to the.functions of Kitsap 911,however,said Customer shall be liable
for its fees to Kitsap 911's through December 31st of the year of termination of the delinquent
Party's services. Customer acknowledges that the fee set forth on Exhibit A may change
pursuant to and in accordance with Section IX(C) of the Kitsap 911 Bylaws.
G. Provisions for Use. The Advisory Council on Criminal Justice Services and the Washington
State Patrol have requested that all participating communications centers, such as Kitsap 911,
which are terminal users of the Washington State Patrol Law Enforcement Data
Communications Systems have certain provisions in their regulations and enabling Agreements
concerning responsibility for such communication, therefore, the following is specifically
agreed to:
1. Responsibility. Kitsap 911 shall bear full responsibility for insuring that the law
enforcement data communications network and any Criminal History Records
Information received by means of such network shall be used solely for the purposes
of the administration of the criminal laws or for the purposes enumerated in RCW
43.43.760(3) as now exists or may hereafter be amended. Kitsap 911 shall establish
rules and regulations governing access to, security for, and operation of the data
communications network for any Criminal Justice Records Information received by
means of such network.
H. Duration: This Agreement shall continue unless Kitsap 911 is dissolved or as otherwise
provided in this section.
1. Termination. Except as otherwise specifically provided herein, Customer may
terminate this Agreement upon at least one-hundred and eighty (180) days written
notice to Kitsap 911. If Customer terminates this Agreement, Kitsap 911 is not
required to surrender any of its FCC licenses nor is Kitsap 911 obligated to agree to
co-license the terminating Party on any of Kitsap 911's licensed frequencies, except
as follows:
Kitsap 911 currently holds three FCC licenses,, Frequency Numbers 154.145,
155.775 and 153.815 that were contributed by Customer, and upon termination of this
agreement, these licenses shall be transferred back to Customer.
I. Insurance/Indemnification=Hold Harmless:
1. Insurance. The parties to this Agreement shall maintain during the life of this
Agreement such general liability insurance as will provide coverage for claims for
damages for personal injuries, including death, as well as for claims for damages to
property which may arise directly or indirectly from performance of the work under
this Agreement. Policy limits shall be no less. than $1,000,000 per occurrence
SERVICE AGREEMENT Page 3 of 6
RE: EMERGENCY COMMUNICATIONS
SERVICES
Combined Single Limit for Bodily;Injury and Property Damage Liability. The parties
shall provide each other a Certificate of InsuI ranee or other appropriate documentation
evidencing the coverage as set forth above if requested by a party.
2. Indemnification Clause—Customer. Customer does hereby agree to save harmless and
defend Kitsap 911 from all claims and l ability due to the negligent acts, errors, or
omissions of Customer, its agents and/or employees. Such indemnity shall include,but
not be limited to all out-of-pocket expenses incurred by Kitsap 911, including
attorney's fees, in the event Customer fails or refuses to accept the tender of any claims
brought against Kitsap 911, the basis for which are negligent acts, errors or omissions
of Customer, its agents and/or employees.
3. Indemnification Clause — Kitsap 911. Kitsap 911 does hereby agree to save harmless
and defend Customer from all claims and liability due to the negligent acts, errors or
omissions of Kitsap 911, its agents and/or employees. Such indemnity shall include,
but not be limited to, all out-of-pocket ex�:penses incurred.by Customer, including
attorney's fees,in the event Kitsap 911 fails Or refuses to accept the tender of any claims
brought against Customer,the basis1 for which are negligent acts, errors or omissions of
Kitsap 911, its agents and/or employees.
4. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51,
as respects the other party only, and only to the extent necessary .to provide the
indemnified party with a full and complete indemnity of claims made by the
indemnitor's employees. The Parties acknowledge that these provisions were
specifically negotiated.and agreed upon by them.
5: Kitsap 911 shall comply with all notice and other requirements of RCW 42.56.590, as
now in'effect and may be amended,in the event of a breach of the security of the system
as defined by RCW 42.56.590. Such compliance shall be at the sole expense of Kitsap
91;1.,
J. Amendments. It is mutually agreed and understood that no alteration or variation of the terms
of this Agreement shall be valid,unless made in writing, and signed by the Parties hereto, and
that any oral understandings or agreements that are not incorporated herein, shall not be binding
on either party.
K. Contacts.
Kitsap 911 City of Bremerton
Richard Kirton Fire Chief
SERVICE AGREEMENT Page 4 of 6
RE:.EMERGENCY COMMUNICATIONS •
SERVICES
345 6th Street, Suite 600
Bremerton, WA 98337
(360)473-5381
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L. Compliance with All Laws. Kitsap 911 and Customer shall comply with all federal, state and
local laws, rules,regulations and ordinances applicable to the performance of this Agreement,
including without limitation all those pertaining to wages and hours;confidentiality,disabilities
and discrimination.
M. Maintenance and Audit of Records. Kitsap 911 and Customer shall maintain books; records,
documents and other materials relevant to its 'performance under this Agreement which
sufficiently and accurately reflect any and all direct and indirect costs and expenses incurred
or paid in the course of performing this Agreement.These records shall be subject to inspection,
review and audit by a Party or its designee, the Washington State Auditor's Office, and
authorized federal agencies. Each Party shall retain all such books, records, documents and
other materials as required by the Washington State Records Retention policy as established
by the Washington Secretary of State.
N. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and
signed by the waiving Party. Any express or implied waiver of a term or condition of this
Agreement shall apply only to the specific act, occurrence or omission and shall not constitute
a waiver as to any other term or condition or future act, occurrence or omission.
O. Default/Dispute Resolution.If either Kitsap 911 or the Customer fails to perform any act or
obligation required to be performed by it hereunder, the other party shall deliver written
notice of such failure to the non-performing party. The non-performing party shall have thirty
(30) days after its receipt of such notice in which to correct its failure to perform the act or
obligation at issue, after.which time it shall be in default("Default")under this Agreement;
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provided,however,that if the non-performance is of a type that could not reasonably be
cured within said thirty(30) day period, then the non-performing party shall not be in Default
if it commences cure within said thirty(30) day period and thereafter diligently pursues cure
to completion. •
In the event a default continues and/or any dispute arises(for anything other than non-payment)
between the Parties, either Party may request in writing that the issue be resolved by mediation.
If the parties are unable to resolve the dispute within ninety (90) days, then either party shall
have the right to exercise any or all rights and remedies available to it in law or equity.
P. Governing Law. This Agreement shall be governed exclusively by the laws of the State of
Washington. .
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RE: EMERGENCY COMMUNICATIONS
SERVICES
Q. Venue. The venue for legal action brought'by any Party to this Agreement over non-payment,
or any other dispute, shall be the Superior Court of Kitsap County, Washington.
R. Assignment. The Parties may not assign any rights or delegate any duties under this
Agreement, whether by assignment, subcontract or other means. Any such attempted
assignment or delegation shall be void and shall constitute a material breach Of this Agreement.
Provided however,this prohibition shall not apply to an assignment pursuant to a consolidation
of a Party to this agreement with another Party to this agreement. -
S. Entire Agreement This Agreement constitutes thel entire agreement between the Parties, and
supersedes any and all previous agreements relating to the :creation, funding, operation or
maintenance of a regional emergency dispatch and communications center. There are no
understandings or agreements between the Parties other than those set forth in this Agreement.
No other statement,representation or promise has been made to induce the Parties to enter into
this Agreement.
T. Invalid Provisions. The invalidity or unenforceabiility of any particular term or provision of
this Agreement shall not affect the validity or enforceability of any other term or provision and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or
•
provision was omitted.
U. Counterparts. This Agreement may be executed by the Parties using duplicate counterparts.
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KITSAP 911 ` CITY OF BREMERTON
111
Adopted this _ day of CaOt'Va ,, 2017 GPI G�'�
J By•
Patty nt
KITSAP 911 BOARD It: Mayor
•I
Date: 02/0V
2 0T 0/7
Kitsap 911 Board Chair
ATTEST
FOR CUSTOMER
Adopted this f day of-PgQWI 'I�(,f; 2014, Shannon Corin, City Clerk
SERVICE AGREEMENT Page 6 of 6
RE: EMERGENCY COMMUNICATIONS
SERVICES
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Exhibit A
2017 Service Fees-City of Bremerton
Police
Agency Base Fee: $5,000
Units of Use: 54,463
Cost Per Unit: $6.2877
Surcharge Cost Per Unit: $0.4405
Total 2017 Service Fee: $ 371,435
Fire
Agency Base Fee: $5,000
Units of Use: 7,618
Cost Per Unit: $22.5109
• Surcharge Cost Per Unit: N/A
Total 2017 Service Fee: $176,496