7 Resolution Authorizing a 5-Year Extension to the Dispatch Services Agreement with the City of Gustine.

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Meeting Date: February 21, 2017

STAFF REPORT

AGENDA ITEM: Resolution Authorizing a 5-Year Extension to the Dispatch Services Agreement with the City of Gustine.

MEETING DATE: February 21, 2017

PREPARED BY: Ruben Chavez, Chief of Police

REVIEWED BY: Odi Ortiz, Interim City Manager

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2017-_, approving an extension to the dispatch services contract with the City of Gustine for another 5 years.

BACKGROUND:

The police department currently provides dispatch services for the Gustine Police Department. The original contract was a 5-year contract which began July 1, 2012 and is set to expire on June 30, 2017.

The relationship between the agencies has been mutually beneficial and has for the most part, gone smoothly over the last 4 1/2 years. Both departments would like to amend the contract for another 5 years with the amendment occurring during the 5th year of the contract. The Gustine City Council ratified the dispatch services renewal its regular meeting of January 3, 2017.

DISCUSSION:

A very critical component of public safety is the ability for residents to call their respective police agencies for help or routine matters. The department currently provides these services for both the residents of Livingston as well as the residents of Gustine. In essence, a person in Gustine can call either 9-1-1 or the non-emergency number and reach our dispatch center.

The public safety dispatcher knows where the person is calling from and can answer respectfully either "Gustine Police Department" or "Livingston Police Department." Both departments share a Sunridge Records Management System (RMS) and the dispatcher is easily able to input the data and information into the system to dispatch safety personnel. This can be accomplished while working with one dispatch console for both agencies.

The contract provides for each agency to manage their own radio system, software and hardware to perform these vital services. Each department has their own redundant systems in the event of failover. There have been several occasions at both agencies where service has been interrupted momentarily due to power outages, telephone networks going down, and internet and cabling services malfunctioning.

The Livingston Police Department currently contracts with Mid-Valley IT for services that help maintain the systems. This contract merely extends the contract for 5 years to end June 30, 2022 and keeps the conditions of the agreement intact with the exception of adding a reopener to compensate for additional manpower in preparation for California Assembly Bill 953 -The Racial and Identity Profiling Act of 2015 in the event that an RMS solution is unavailable.

The reopener will be required in the event a dispatcher must manually input all 13 profile indicators into the RMS system at the closure of each contact with a member of the public. The department has contacted the RMS provider and has learned that a solution is being developed.

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FISCAL IMPACT:

The initial contract provided for a 5% increase each year of the contract. The 5-year extension provides for al 0% increase during the 5111 year of the original contract (Fiscal Year 2016-17) and a 7% increase every year thereafter. The annual fee which began at $56,360.00 in 2012-13 will reach a total of $105,690.00 at its sunset in 2022. These fees mostly support in covering the personnel costs to provide the services which have been calculated by the City Finance Department, and negotiated by the team

ATTACHMENTS:

1. Exhibit A – First Amendment to Agreement for Dispatch Services between the City of Gustine and the City of Livingston.

2. Exhibit B -Call volume for Gustine for the years 2015 and 2016.

3. Exhibit C – Original 5-Year Services Agreement between the City of Gustine and the City of Livingston for the time period July 1, 2012 to June 30, 2017.

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RESOLUTION NO 2017—-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING 5-YEAR EXTENSTION TO AN AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND THE CITY OF GUSTINE TO PROVIDE DISPATCH SERVICES TO THE GUSTINE POLICE DEPARTMENT

WHEREAS, the City of Livingston Police Department initially entered into an agreement to provide dispatch services to the City of Gustine for a 5-year period ; and

WHEREAS, the Gustine City Council approved the City of Livingston Police Department dispatch services agreement extension on January 3, 2017; and

WHEREAS, said proposed contract to provide dispatch services benefits the City of Livingston during the five (5) year extension of the agreement; and

WHEREAS, the City Council considered the proposal at its regular meeting of February 21, 2017.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby approves the 5-year extension to the agreement between the City of Livingston and the City of Gustine for dispatch services in a form approved by the City Attorney.

Passed and adopted this 21st day of February, 2017, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 21st day of

February, 2017.

 
 

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Betty Cota, Deputy City Clerk

of the City of Livingston

1810190.1

FIRST AMENDMENT TO AGREEMENT FOR DISPATCH SERVICES BETWEEN THE CITY OF GUSTINE AND THE CITY OF LIVINGSTON

This First Amendment ("Amendment") to the Agreement for Dispatch Services between the CITY OF GUSTINE ("GUSTINE") and the CITY OF LIVINGSTON ("LIVINGSTON") dated as of April 30, 2012 (the "Agreement"), is entered into this day of , 201_, with reference to the following facts:

WHEREAS, the parties entered into the Agreement for LIVINGSTON to provide law enforcement dispatch services to GUSTINE for a term of five (5) years and payment therefor; and

WHEREAS, the parties now desire to amend the Agreement to extend the Agreement term, set forth payment terms for the extended term, and make such other changes as set forth below.

NOW, THEREFORE, the parties agree as follows:

1. Section 3 of the Agreement (Payment of Services Rendered) is replaced in its entirety to read as follows:

SECTION 3: PAYMENT OF SERVICES RENDERED

The intent of this section of the agreement is to establish method of payment by GUSTINE to LIVINGSTON for providing public safety dispatching services as set forth in this agreement. Payment is established by this agreement and paid by GUSTINE to LIVINGSTON. The payment is subject to periodic cost adjustments as set forth in the following table:

Year

Time Period

% Increase

Annual Fee

Year 1

July 1, 2012 to June 30, 2013

NIA

$56,360.00

Year 2

July 1, 2013 to June 30, 2014

5%

$59,178.00

Year 3

July 1, 2014 to June 30, 2015

5%

$62,136.90

Year 4

July 1, 2015 to June 30, 2016

5%

$65,243.74

Year 5

July 1, 2016 to June 30, 2017

10%

$75,356.00

Year 6

July 1, 2017 to June 30, 2018

7%

$80,630.00

Year 7

July 1, 2018 to June 30, 2019

7%

$86,275.00

Year 8

July 1, 2019 to June 30, 2020

7%

$92,314.00

Year 9

July 1, 2020 to June 30, 2021

7%

$98,776.00

Year 10

July 1, 2021 to June 30, 2022

7%

$105,690.00

EXHIBIT A

A. Terms:

1. GUSTINE shall pay an annual fee for services described in this agreement to the City of LIVINGSTON. The annual fee shall be paid in quarterly payments commencing on July 1st of each year and every three months thereafter. A late fee of 1.5% per annum may be assessed for any quarterly payment not received within thirty (30) days of an invoice from LIVINGSTON for such payment.

Should the percentage of calls increase or decrease by more than 10% over the previous year, city representatives from GUSTINE and LIVINGSTON will review the call data and determine if an adjustment in the annual fee is necessary in order to equitably allocate the cost incurred by LIVINGSTON. Such adjustment, if agreed to by the parties, shall be documented in an amendment to this Agreement.

2. Section 7 of the Agreement (Term) is replaced to read as follows:

SECTION 7: TERM

Unless earlier terminated pursuant to the terms of this Agreement, LIVINGSTON shall furnish the agreed-upon services as set forth above for a period of ten (10) years, commencing on July 1, 2012 and expiring on June 30, 2022.

3. Section 10 of the Agreement (Notices) is replaced to read as follows:

SECTION 10: NOTICES

All notices, demands, requests, consents, approvals, waivers, or communications ("Notices") that either party desires to give to the other party or any other person shall be in writing and either personally served or sent by prepaid postage, first class mail. Notice shall be deemed given on the date of personal delivery or two (2) days following deposit in the U.S. mail. Notices shall be addressed as appears below for each party except if either party gives notice of a change of name or address, notices to the giver of the change of address shall thereafter be given at the new address.

Notice to LIVINGSTON: City of Livingston

Attn: City Manager

1416 C Street

Livingston, CA 95334 Notice to GUSTINE:

City of Gustine Attn: City Manager 352 5th Street

Gustine, CA 95322

4. Section 26 is added to the Agreement to read as follows: SECTION 26: CHANGE IN LAW

Notwithstanding any other term of this Agreement, if a Change in Law results in a significant increase in work load and impacts the circumstances under which LIVINGSTON provides services under this Agreement, including LIVINGSTON’S cost or ability to provide the services, LIVINGSTON shall notify GUSTINE of the need to negotiate an amendment to preserve the original intentions, economic and other terms of this Agreement. If the parties are unable to agree on such an amendment after ten (10) days, either party may terminate this Agreement, effective upon sixty (60) days’ written notice to the other party. Such termination will be subject to the terms of Section 8(D) (Payment Upon Termination).

"Change in Law" means (i) the enactment or effective date of any new law, rule, regulation or guideline directly affecting public safety dispatching services by the federal or any state or local government (excepting LIVINGSTON) after the date hereof even if the date of effectiveness is prospective, or (ii) any judicial or administrative order or decree involving either party that directly affects public safety dispatching services ,

.occurring after the date hereof. Change in Law shall include, but not be limited to, the effective date of requirements of AB 953 (Weber, 2015) as applicable to the parties.

5. Except as specifically modified herein, no other provision in the Agreement is intended to be modified, and the Agreement, as amended, shall remain in full force and effect in its entirety.

6. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together constitute one amendment to the Agreement.

7. Each signatory of this Amendment represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory acts.

SIGNATURES ON FOLLOWING PAGE

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