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CITY COUNCIL AGENDA ITEM NO. 16



Meeting Date: June 12, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute an Agreement with the City of Antioch to provide dispatch services to the City of Brentwood Police Department

Prepared by: Brian Strock, Police Lieutenant

Submitted by: Mark Evenson, Chief of Police


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an Agreement with the City of Antioch to provide dispatch services to the City of Brentwood Police Department.

PREVIOUS ACTION
The City Council has taken no previous action on this matter.

BACKGROUND
The City of Brentwood has been receiving dispatch services from the City of Antioch since 1990. Prior to that, police dispatch services were contracted through the Contra Costa County Sheriff’s Office which provided a dispatch center in referred to as the Delta Regional Communications Center (DRCC) located in the basement of Antioch City Hall. The Sheriff’s Office dispatched both Antioch and Brentwood police among other jurisdictions. DRCC dissolved and Antioch Police Department began their own dispatch center. The Antioch Police Department has been dispatching for the Brentwood Police Department since Antioch’s dispatch center opened.

This Agreement between the City of Brentwood and the City of Antioch outlines what kind of services the City of Antioch will provide and how the fee for the services will be calculated along with a payment schedule. The agreement also provides a dispute resolution and termination process among other things.

This Agreement will remain in effect until terminated by either the City of Antioch or the City of Brentwood or by both.

FISCAL IMPACT
The estimated cost for the City of Antioch Police Dispatch for the fiscal 2007/2008 is $1,736,333.00. The City of Brentwood’s portion is $560,114.60. The cost of dispatch services for the City of Brentwood cannot, per the Agreement, exceed the previous fiscal years contribution by more the twelve percent.

Attachments:
Resolution
Agreement


RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF ANTIOCH TO PROVIDE DISPATCH SERVICES TO THE CITY OF BRENTWOOD POLICE DEPARTMENT


WHEREAS, the City of Antioch has been providing police dispatch services for the City of Brentwood since 1990; and

WHEREAS, the City of Antioch and the City of Brentwood agree that the current relationship is beneficial for both cities; and

WHEREAS, the City of Brentwood desires to continue the relationship with the City of Antioch regarding police dispatch services.

NOW, THEREFORE BE IT RESOLVED that City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute an Agreement with the City of Antioch to provide dispatch services the City of Brentwood Police Department until such time as may be terminated in accordance with the Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of June 2007 by the following vote:

AGREEMENT FOR DISPATCH SERVICES
(Cities of Antioch and Brentwood)


THIS AGREEMENT FOR DISPATCH SERVICES (“Agreement”) is entered into this _____ day of _______________, 2007 by and between the City of Antioch, California (“Antioch”) and the City of Brentwood, California (“Brentwood”) (collectively, the “Cities”), both being California municipal corporations.

R e c i t a l s

A. The Cities acknowledge that each requires dispatch services and that fair, equitable and proportional sharing of reasonable dispatch costs will benefit both Cities and their citizens.

B. In exchange for monetary compensation, Antioch agrees to provide dispatch services to Brentwood.

C. The Cities desire to enter into a written agreement for this purpose.

WHEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Provision of Services. Antioch and Brentwood shall perform those services and carry out that work described in the “Service Plan” attached hereto as Exhibit “A” and incorporated herein by reference (the “Services”).

2. Payment for Services. Brentwood shall pay Antioch those payments described in the Cost and Payment Provisions, attached hereto as Exhibit “B” and incorporated herein by reference. It is the intent of the Cities that Brentwood pays Antioch for the Services completed by Antioch, based on a proportionate share of operating expenses and measured service demands. It is recognized by the Cities that charges associated with negotiated salary and benefit increases, as well as other inflationary cost adjustments may occur annually. Such increases will occur by written amendment pursuant to the terms of this Agreement.

3. Term. This Agreement shall commence upon the date of the last signature and shall continue on a fiscal year to fiscal year basis, unless terminated as hereafter provided.

4. Termination of Agreement. This Agreement may be terminated by either City, at its sole discretion, upon at least eighteen (18) month’s advance written notice to the other City. This Agreement may also be terminated without such notice upon the written agreement of both Cities.

5. Termination by Default. Upon the default of either City in the performance of any of its obligations under this Agreement, where such failure continues for a period of ten (10) calendar days after written notice of such default is received, then the non-defaulting City may immediately terminate this Agreement upon giving notice of termination to the defaulting City. Prior to termination, either Party may request a dispute resolution proceeding pursuant to the terms of this Agreement. However, if the default cannot reasonably be cured within ten (10) calendar days, then the Agreement may not be terminated if the defaulting City commences cure within the ten (10) days and thereafter diligently prosecutes such cure to completion.

6. Modification and Amendments. This Agreement may be modified or amended in writing upon mutual agreement of the Cities. However, the Service Plan may be amended or modified in writing upon mutual agreement of each City’s Chief of Police, as long as such amendments or modifications do not materially change the Service Plan or this Agreement.

7. Legal Relationship of the Cities. The only legal relationships established by this Agreement are those created by contract. This Agreement is not intended to, and does not, create the relationship of agent, servant, employee, partnership, joint venture or association, nor of a joint powers authority.

8. Implementation of Agreement. The Cities acknowledge that not every detail, issue or definition affecting the implementation of the Agreement can be contemplated at the time of this Agreement’s drafting and execution. Therefore, each City will implement this Agreement in good faith, respecting the intent of this Agreement and the provisions thereof. This Agreement is the product of the mutual drafting efforts of both Cities and thus no interpretation shall be given that would favor one City over the other.

9. Indemnity. Except as to the sole negligence or willful misconduct of Antioch, Brentwood will defend, indemnify and hold Antioch, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, which arises out of, or is in any way connected with the performance of, the services by Brentwood or any of Brentwood’s employees, agents or subcontractors, notwithstanding that Antioch may have benefited from their services.

Except as to the sole negligence or willful misconduct of Brentwood, Antioch will defend, indemnify and hold Brentwood, its officers, agents and employees, harmless from any and all loss, damage, claims, demands, liability, expense or cost, including attorney’s fees, which arises out of, or is in any way connected with the performance of, the services by Antioch or any of Antioch’s employees, agents or subcontractors, notwithstanding that Brentwood may have benefited from their services.

10. Liability. The Cities acknowledge that they both have memoranda of coverage against claims, lawsuits and damages from a common joint powers authority. If any third party files a claim or lawsuit against either City in connection with the performance of obligations under this Agreement, and if such claim or lawsuit represents a covered event as defined by the joint powers authority, the Cities acknowledge that the joint powers authority will provide a common defense, unless there is a conflict (see Section 9 titled Indemnity). The terms of this section will not preclude either Party from requesting a dispute resolution proceeding pursuant to the terms of this Agreement.

11. Notices, Contact Persons. The contact persons for this Agreement shall be, and any notice required to be given, shall be deemed properly delivered if mailed, postage pre-paid to:

For Antioch: For Brentwood:

Chief of Police Chief of Police
Antioch Police Department Brentwood Police Department
300 “L” Street 9100 Brentwood Blvd.
Antioch, CA 94509 Brentwood, CA 94513
(925) 779-6901 (925) 634-6911

Each City will notify the other of any changes of address that would require any notice or delivery to be directed to another address.

12. Payment, Brentwood shall pay Antioch dispatch services cost calculated pursuant to Exhibit B on a quarterly basis as set forth in Exhibit B.

13. Service Fee. Brentwood agrees to pay a service fee to be calculated at eight percent (8%) of Brentwood’s dispatch service cost of the estimated yearly dispatch services budget for purposes of dispatch enhancements, upgrades, additions, repairs and/or replacement of hardware, software, furniture, equipment, facilities and infrastructure. Any costs above the service fee of eight percent shall require a separate agreement between the Cities, except as stated below:

A. If one City desires to make a unilateral change to the system hardware or software and such change has no adverse effect to the other City, then the City making the unilateral change can do so with no additional cost to the other City.

14. Dispute Resolution. Should any dispute arise out of this Agreement, including but not limited to the termination thereof, either City may request that it be submitted to mediation. The Cities shall meet in mediation within thirty (30) days of a request. The cost of mediation shall be borne equally by the Cities. Neither City shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the Cities but not more than sixty (60) days, unless the maximum time is extended by the Cities.

15. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, embody the entire Agreement and understanding between the Cities relating to the subject matter of it. Neither this Agreement nor any of its provision may be amended, modified, waived or discharged except in a writing signed by both Cities.

16. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Cities and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Antioch without the prior consent of Brentwood, which shall not be unreasonably withheld.

17. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of the Cities each represent and warrant that they have the legal power, right and actual authority to bind the Cities to the terms and conditions of this Agreement.

18. Severability. If any section, clause, or phrase of this Agreement, or the application thereof to any City or any other person or circumstance, is held to be invalid by a final decision of a court of competent jurisdiction, it shall be deemed severable and the reminder of this Agreement, or the application thereof to any City or any other person or circumstance, shall not be affected thereby.

19. Section Headings. The section headings herein are for the convenience of the Cities only and shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions or language of this Agreement.

20. Choice of Laws. This Agreement is made in Contra Costa County, State of California, under the Constitution and laws thereof, and shall be construed and enforced in accordance with the laws of the State of California.

IN WITNESS WHEREOF, this Agreement is executed by the City of Antioch, acting through its City Manager, pursuant to Resolution No. _________ authorizing such execution, and by the City of Brentwood, acting through its City Manager, pursuant to Resolution No. ___________ authorizing such execution.

CITY OF ANTIOCH: CITY OF BRENTWOOD:


By: By:
Jim Jakel, City Manager Donna Landeros, City Manager

Date: Date:


ATTEST: ATTEST:


L. Jolene Martin, City Clerk Margaret Wimberly, City Clerk

Date: Date:



APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:
Lynn Tracy Nerland Damien Brower
City Attorney City Attorney

Date: Date:



EXHIBIT “A”

Service Plan

PURPOSE

This Service Plan specifies the terms and conditions by which Antioch, through its Police Department, will provide police communications dispatch services for Brentwood. It is intended that this Service Plan will mutually provide economical and operational benefits to the Cities through the consolidation of resources available for dispatch communication services.

SCOPE

A. Service Levels.

1. Police communications dispatch services provided to Brentwood will continue at its current level including, but not limited to:

a. Stolen Vehicle System (SVS) processing (including but not limited to stolen, stored, impounded, and recovered vehicles)
b. Dispatching service – no mailer responses
c. Verbal notification to Brentwood Police Department supervisor of outside agency inquiries and/or recoveries (e.g., stolen vehicle recoveries).

2. Brentwood recognizes that circumstances may arise which can impact Antioch’s delivery of dispatch services. Reductions or additions to dispatch services based on reasonable necessity, shall be referred to the Chief of Police of each City for resolution. Reductions or additions to dispatch services not based on reasonable necessity, shall be referred to the City Manager of each City for resolution. Failure to resolve the issues at this level will be resolved through the Agreement’s dispute resolution provision.

B. Equipment Cost. To the extent possible, Antioch will utilize existing communications equipment owned by the Cities for the purpose of dispatch operations.

1. It is agreed that all dispatch operations hardware, equipment and software in which Antioch paid the higher proportionate (Greater than 50%) cost is Antioch’s sole property.

2. It is agreed that all dispatch operations hardware equipment and software in which Brentwood paid the higher proportionate cost is Brentwood’s sole property.

C. Frequencies. Antioch will utilize Antioch’s available licensed frequencies toward the mutual benefit of providing dispatch services to Antioch and Brentwood. Brentwood owns frequency #155.5500 (the “Frequency”). During the term of this Agreement, Brentwood will allow Antioch the use of the Frequency for the mutual benefit of providing dispatch services to both Cities. As long as this Service Plan is in effect, Antioch shall be responsible for coordinating all issues relative to the proper use of said frequencies as it relates to dispatch services. In accordance with guidelines and limitations set forth by the Federal Communications Commission, the Cities will maintain their respective frequency licenses.

1. Following notice of termination and until termination of this Agreement is effective, Antioch agrees that Brentwood may need to transition the return of the Frequency so that it is operational by and for the exclusive use of Brentwood at the time the Agreement is terminated. The Cities agree to put forth good faith cooperative efforts to transition the return of the Frequency.

D. Mobile Data Systems. The Cities will each be responsible for equipping and maintaining all first responder emergency units with remote data communications capability accomplished with the use of “Mobile Data Systems” (MDS) devices. Remote data communication protocol will be established by Antioch through its Computer Aided Dispatch (CAD) and will be the standard set forth for Brentwood.

E. Service Lines. The Cities will individually be responsible for establishing and maintaining their own service lines (e.g. T-1) required for dispatch operations.

F. Telephone Lines. Antioch will be responsible for establishing and coordinating the required number of telephone lines necessary to operate the dispatch center. The Cities will collectively agree as to any additional telephone lines and connections that go beyond the required amount.

G. Telephone Support. Antioch agrees to provide emergency and “after-hours” non-emergency telephone support for Brentwood, but only to the extent that calls are related to providing dispatch communication services. It is agreed that for the purpose of this Agreement, “after hours” non-emergency support shall include Antioch answering Brentwood Police Department’s external wall telephone. Antioch will also provide “after hours” call answering and forwarding of Brentwood’s public works emergency calls; however, Antioch shall have no obligation to handle such calls when Brentwood Police Department’s administrative offices are open.

H. Records. Antioch is responsible for coordinating the preparation, maintenance and storage of dispatch related records necessary for providing dispatch service to Brentwood, including but not limited to, CAD records and audio/visual recordings. Brentwood is responsible for maintaining their Geographical Information Systems (GIS) as it relates to address and parcel number identification to support CAD and Auto Vehicle Locate (AVL). Antioch and Brentwood individually maintain the right to control and otherwise limit access to their own Records Management System (RMS).


EXHIBIT “B”

COST AND PAYMENT PROVISIONS

A. Brentwood’s annual fiscal year costs for dispatch services are formulated by combined consideration of population, CAD events, Part I Crimes, and sworn personnel.

1. Population: Established from the California Department of Finance Demographic Research Unit for population on January 1st of the previous year.

2. CAD events: The actual number of CAD events generated for each City during the previous year.

3. Part I Crimes: The total number of Part I Crimes reported to the Department of Justice for the previous year. Part I Crimes are those crimes defined by the FBI’s Uniform Crime Reporting Program.

4. Sworn personnel: The actual number of sworn officers in each City on the 1st of February each year.

B. Brentwood’s percentage of dispatch costs is established by calculating the average percentage of the total formulation criteria (Section A, above). The calculations for the formula will be on February 1st of each year for the next fiscal year beginning on July 1st. See Attachment 1 to this Exhibit “B” for a sample formula chart.

C. On April 1st of each year, Antioch shall prepare a dispatch budget for the next fiscal year beginning on July 1st. The budget shall be based on the estimated total cost to Antioch of personnel, materials and supplies, an example of which is itemized in Attachment 2 to this Exhibit “B.”

D. All Public Safety Answering Point (“PSAP”) monies received by Antioch while this Agreement is in effect shall be applied in good faith, as legally permissible, to reduce dispatch service expenses that mutually benefit both Cities. Antioch agrees to provide Brentwood with an annual accounting of PSAP monies received by Antioch.

E. Brentwood’s dispatch services cost is Brentwood’s share percentage (Section B, above) of Antioch’s total dispatch budget (Section C, above). Such dispatch services costs shall be presented to Brentwood on or before April 1st for the upcoming fiscal year.

F. It is agreed that commencing FY 2006/2007, Antioch shall not charge and Brentwood shall not pay a fiscal year dispatch services amount in excess of twelve percent (12%) over Brentwood’s total annual payments for the prior fiscal year. It is intended by this provision that Brentwood’s fiscal year dispatch services costs do not increase in excess of twelve percent (12%) each fiscal year this Agreement is in effect, regardless of Brentwood’s calculated proportionate share.

G. It is agreed that Brentwood shall make quarterly payments to Antioch on October 1, January 1, April 1, and July 1 of each year, for dispatch services rendered under this Agreement. The quarterly amount due is one-fourth (1/4) the annual amount as established in Sections A thru E, above.

H. The total dispatch services amount established under this Agreement does not provide for the purchase of remote data communications equipment as described in Section D of the Service Plan and additional telephone lines and connections described in Sections E and F of the Service Plan. Each City shall be responsible for the purchase, installation, and maintenance of its own remote data communications devices.

I. Late Payment. If Brentwood is late with any payment to Antioch, then the payment shall accrue interest payable to Antioch at a rate of one (1%) percent higher than what is earned by Antioch at that time for its idle funds, as determined by Antioch’s Finance Director.

J. Dispute of Payment, Costs and/or Calculations. If Brentwood disputes any planned increase or calculation of its proportionate share of costs, it shall promptly pay, pursuant to the quarterly payment schedule, any portion of its allocation of costs not disputed and shall place the disputed amount into an interest-bearing trust account, to be identified by Brentwood’s Finance Director. Thereafter, the Cities shall attempt to resolve the dispute at the lowest possible administrative level. If attempts to resolve the dispute are unsuccessful, the dispute shall be submitted to the two City Managers for resolution. If the dispute is still unsettled, the Cities may refer the matter to a mediator of their agreed choice, with any cost of the mediator being equally shared among them. If the dispute is settled or resolved in favor of Antioch, then Antioch shall be entitled to the interest that has accumulated in the trust account for the disputed amount, or a proportional share of such interest if the dispute is partially resolved or settled in Antioch’s favor. If the dispute is settled or resolved in favor of Brentwood, then Antioch shall not be entitled to the disputed amount or to the interest that has accumulated in the trust account for the disputed amount.

ATTACHMENT 1 - TO EXHIBIT “B”

Budget Summary Table
Shared Costs – Total Operations for Contract Agencies
For Fiscal Year 2007/2008


Antioch Brentwood Total
Population 01/01/2004
100,945 45,892 146,837
Population Cost
$1,193,664.64 $542,668.36 $1,736,333.00
Population %
68.75% 31.25% 100.00%
Total Events
77,893 25,028 102,921
Event Cost
$1,314,097.09 $422,235.91 $1,736.333.00
Event %
75.68% 24.32% 100.00%
Part 1 Crimes
3,557 1,720 5,277
Part 1 Crime Cost
$1,170,387.81 $565,945.19 $1,736,333.00
Part 1 Crime %
67.41% 32.59% 100.00%
Actual Sworn as of 02/01/2005
114 54 168
Sworn Cost
$1,178,225.96 $558,107.04 $1,736,333.00
Sworn %
67.86% 32.14% 100.00%
Total Contribution/Percentage
69.92% 30.08% 100.00%
Total Contribution/Monetary
$1,214,093.88 $522,239.12 $1,736,333.00

Total Brentwood Dispatch Costs, per Formula: $522,239.12
8% Equipment Replacement: $ 41,779.13
**Total $564,018.25

**Total Brentwood dispatch costs for 2006/2007: $500,102.32
Maximum limit of 12% increase per negotiations: $60,012.28
Total for 2007/2008 dispatch services costs: $560,114.60



Qualifications: The projections in this Attachment 1, are based upon information available at this time and are subject to change. The projections are preliminary and presented for discussion purposes only.

ATTACHMENT 2 - TO EXHIBIT “B”

Antioch POLICE DEPARTMENT SHARED DISPATCH COSTS
FY 2007-2008


TOTAL PERSONNEL COSTS

TOTAL PERSONNEL COSTS $1,568,019


TOTAL MATERIALS AND SUPPLIES

Operating Supplies $4,000
Maintenance Contracts $50,000
Data 911 Licenses and Maintenance Related to CAD $86,458
Computer Operation Support $5,838
Telephone Software Maintenance $2,118
Telephone Long Distance Line Charges $17,500
Annual Rental of two Radio Towers $2,400

TOTAL MATERIALS AND SUPPLIES $168,314



TOTAL PERSONNEL/MATERIAL COSTS $1,736,333




Qualifications: The projections in this Attachment 2, are based upon information available at this time and are subject to change. The projections are preliminary and presented for discussion purposes only.
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov