HomeMy WebLinkAboutReso 48-2017 (17-367)File Number: 17 -367 Enactment Number: RES 48 -2017
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND THE TOWN OF
COLMA FOR POLICE COMMUNICATIONS SERVICES.
WHEREAS, the City of South San Francisco Police Department has been providing police
communications services to Colma for the past thirty -two (32) years; and
WHEREAS, the current agreement between the City of South San Francisco ( "City ") and the Town
of Colma ( "Colma ") is due for renewal; and
WHEREAS, staff recommends that the City Council adopt a resolution authorizing the Police
Department to enter into an agreement with Colma in order to continue to provide police
communications services to Colma; and
WHEREAS, adequate funding and staffing for these services is presently allocated in the Police
Department's current operating budget and no modifications are required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco
that the City Council approves an amendment to the agreement with the Town of Colma, attached to
this resolution as Exhibit A, in order to continue to provide Colma with police communication
services.
BE IT FURTHER RESOLVED that the City Manager of the City of South San Francisco, or his
designee, is hereby authorized and directed to execute the amendment to the Agreement on behalf of
the City of South San Francisco, subject to approval as to form by the City Attorney, and to take any
other action consistent with the intent of this Resolution.
At a meeting of the City Council on 5/24/2017, a motion was made by Liza Normandy, seconded by
Mark Addiego, that this Resolution be approved. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and CouncilmemberAddiego
Attest by "411--,f) - Date
Gabriel Rodriguez
City of South San Francisco Page 1
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
THE TOWN OF COLMA FOR POLICE COMMUNICATIONS SERVICES
This Police Communications Services Agreement ("Agreement") is entered into on
Jul
Y_L9017, by and between the CITY OF SOUTH SAN FRANCISCO, hereinafter
referred to as "SSF" and the TOWN OF COLMA, hereinafter referred to as "COLMA." (together
sometimes referred to as the "Parties")
RECITALS
WHEREAS, SSF desires to furnish police communications services to COLMA through
the utilization of SSF facilities and staff; and
and WHEREAS, SSF is willing to furnish said services to COLMA for a mutually agreed cost;
WHEREAS, the Parties to this Agreement have determined that the computer-aided
dispatch and records management systems belonging to the Parties are compatible and will be
an effective method of communications and record keeping for both Parties; and
WHEREAS, it is necessary and desirable that the parties enter into this Agreement as
set forth below;
NOW, THEREFORE, in consideration of the recitals and mutual obligations contained
herein, SSF and COLMA agree as follows:
1. Qmpri tion of Services
(a) SOUTH SAN FRANCISCO will provide to COLMA basic police dispatch services
on a daily basis from 0000 hours to 0800 hours and for two one-hour breaks
during the time of 0800 hours to 2359 hours, for 24 hours on Thanksgiving Day,
Christmas Day and New Year's Day, and provide basic police dispatch services
under extenuating emergency situations after all other means of filling the
position have been exhausted, and at other times as agreed upon by the
Communications Services Manager. Dispatch services will include answering
emergency telephone calls, dispatching police units by radio, telephone
notification of key personnel, providing record keeping activities associated with
police dispatch and participating in a quality control and incident critique.
(b) SSF shall cause all emergency and non-emergency telephone calls and two-way
radio traffic related to COLMA to be recorded. The recordings shall be retained by
SSF for a minimum of one hundred (100) days following the date of the call or
message. SSF shall provide excerpts of these recordings to COLMA upon
request.
(c) SSF shall provide and maintain computer hardware and system software at the
SSF communications center to support COLMA computer aided dispatching and
automated records management. COLMA, at its own expense, shall procure the
necessary compatible application software for computer aided dispatching and
automated records management. Further, COLMA shall be responsible for paying
any and all recurring software maintenance fees for all software that it has
OAK #4819-0376-6073 v1
purchased and/or licensed inconnection with this Agreement.
(d) 8SFehaU provide and maintain sufficient tekaohonmoquipnnentboeuoun�modm10
C}
the �LK8AE811.7-dighunleqQenoyteh*oho'e lines, and administrative
business lines.
(a) COLK8A shall be responsible for the non-recurring and recurring cost ofits
telephone lines and any equipment required to extend its telephone lines to the
S8F police communications center.
AD SSFmhaU provide and maintain radio console equipment within the SSF police
communications center to effect radio transmissions to and from the SQFpm|ima
communications center to the C{)LK8A field units.
(9) GSF shall provide recording equipment hokoo and record and
radio and related to -th|a ~ outgoing -
(h) SSF shall make the services of its telecommunications engineering and police
technology team available 1m design theradioandtekephunosyabmmmnequimedtV
provide the services identified herein. In the event that the telecommunications
engineering and police technology team costs increase during this Agnaem�nt
the Pm�ieaxxiUmeet hu agree upon ansddibonm| amount hmbe paid bv��[}L--
aufhoien1bo cover the increased costs.
-' ''''
(i) CC}[K8A and 8SF shall jointly maintain and update a computerized geographic
information h|e, with each party focusing on streets ond premise data in its own
jurisdiction.
3.
kd The 88F Communications Center shall be under the direction and management
control ofG8F's Chief mfPolice. Matters concerning communications
procedures, operations, complaints, requests for changes and/or similar
operational matters provided for under this Agreement andopeoifiom|k~re|ate~ to CJLKAahaUbe approved bvCC[K&A'm Chief of Police and submitted 0othe S8F ChiefofPo|iomorhis/hordeigneeforuonsideration.
8d S8F shall provide sufficient
communications center for SSF personnel and equipment to provide the services
described in this Agreement. SSF, in its sole discretion, shall determine the
quantity and classification of employees required to provide the services to
COLIVIA contemplated under this Agreement.
(a) COLMA shall pay GBF the amounts detailed below as compensation for services
provided during each fiscal beginning June 3O
' 2020. S8F shall invoice COLKAi advance mmaquarterly
basis beginning on
4yjy 1, 2017 in on amount equal h»%of annual amount due. COL \ahaUit
m full within 45 days qf receiving mn invoice from S8F
[20-1 If-i6i-
2
OAK #481e-0376-8073 .z
(b) In the event SSF and COLMA agree that additional employees must be hired by
SSF in order to implement this Agreement and SSF and COLMA have agreed on
the costs associated with those additional hires, COLMA shall pay SSF an
amount equal to the cost of the additional employees hired by SSF to fulfill its
obligations under this Agreement.
(c) Upon mutual agreement, COLMA may request SSF to provide additional police
communications services for special events at the rate of $85 per hour per
employee with a minimum of four (4) hours per event. COLMA must schedule
special events with SSF at least thirty (30) days in advance of the event date.
4. Term
SSF shall furnish the agreed-upon services as set forth above for a period of three (3)
years, commencing July 1, 2017 and expiring June 30, 2020. This Agreement may be
extended for up to a three (3) year period if mutually agreed by SSF and COLMA in
writing.
5. Waiver /Immunities
(a) Waiver.
COLMA is responsible for damages to or loss of its property and waives its right to sue SSF
for any damages to or loss of its property or injury to its personnel that may occur in
responding to communication services pursuant to this Agreement, except for loss of
COLMA'S property or injury to COLIVIA'S personnel that is caused by the gross negligence
or willful misconduct of SSF
(b) Immunities.
By entering into this Agreement, neither Party waives any of the immunities provided by the
California Government Code or other applicable provisions of law.
6. Termination of A------ nt
This Agreement may be terminated in accordance with the following:
(a) Termination without Cause
Notwithstanding any other provision of this Agreement, at any time and without cause, the
Parties to this Agreement shall have the right, in their sole discretion, to terminate this
Agreement by giving one hundred eighty (180) days' written notice to the other Party.
(b) Termination for Cause
Notwithstanding any other provision of this Agreement, if either Party fails to perform or cure
any of its obligations hereunder, within the time and in the manner herein provided, or
otherwise violates any of the terms of this Agreement, the other Party may immediately
OAK #4819-0376-8073 v1
terminate this Agreement by giving written notice of such termination, stating the reason for
the termination.
(c) Ability to Cure
In the event of any alleged failure to perform any terms or conditions of this Agreement, the
Party alleging such breach shall give the other Party notice in writing specifying the nature of
the breach and the manner in which said breach or default may be satisfactorily cured, and
the Party in breach shall have thirty (30) days following such notice ("Cure Period) to cure
such breach. During the Cure Period, the Party charged shall not be considered in default
for purposes of termination or institution of legal proceedings. The failure of any Party to
give notice of any breach shall not be deemed to be a waiver of that Party's right to allege
any other breach at any other time.
(d) Payment Upon Termination
Upon termination of this Agreement, COLMA shall, within thirty (30) days of termination, pay
SSF any outstanding balance for services or materials provided by SSF.
7. Notices
All notices, demands, requests, consents, approvals, waivers, or communications
("Notices") that either party desires or is required 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. 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 that Notice
shall thereafter be given as demanded in that Notice.
SSF: City of South San Francisco
City Manager
400 Grand Avenue
South San Francisco, CA 94080
COLMA: Town of Colma
City Manager
1188 El Camino Real
Colma, CA 94014
8. Relationship of Parties
Both parties agree and understand that the services performed under this Agreement are
performed as an independent contractor, and that neither party's employees acquire any
of the rights, privileges, powers, or advantages of the other party's employees. No
pension rights of COLMA or SSF employees will be affected by this Agreement.
9. Confidential Law Enforcement Information
OAK #4819-0376-8073 v1
10w Hold Harmless prmdunrmpfptpmn
11. gigi �atrmn,
COLMA shall own and operate its police radio sy t mn and be solely responsible for its
procurement, maintenance and replacement. Thi includes ra uamars„ transmitters,
voter/coimparators and associated equipment. COLIMA shall maintain its radio
equipment ent pro a mariner that will allow clear, reception that is tree from static and
interference.
p' small own and operate its police c rnmrnurnp atp rns dispatch equipment nt amnd be solely
responsible or its procurement, maintenance and replacement. "t hi includes dispatch
console l tr rnic equipment, logging recorder, ormnp t r servers and associated
equipment, SSF shall use this u ip m e nt to provide radio dispatch service to , L „
12. r° ui mmn 3uterized data
OAK #9819- 0376 -8073 v1
Both parties acknowledge that automated law enforcement records information for SSF
and COLMA will be comingled in a single computer database owned and managed by
SSF SSF agrees to allow COLMA to electronically copy its records for the purpose of
maintaining its own archive without additional cost to COLMA.
13. AagLqnabili and Subcontractin
Neither party may assign the benefits nor delegate the duties set forth in this Agreement.
14. Insurance
Both parties shall maintain sufficient insurance, self-insurance or a combination thereof
to comply with the following requirements, and, if requested, each party shall furnish the
other party with certificates of insurance evidencing the required coverage. Thirty (30)
days' notice must be given, in writing as set forth in this agreement of any pending
change in the limits of liability or of any cancellation or modification of the policy.
a) Worker's Compensation and Employees Liability Insurance. Both parties
shall have in effect during the entire life of this Agreement Worker's
Compensation and Employers Liability Insurance, or an acceptable program of
self-insurance providing full statutory coverage. In signing this Agreement, parties
certify, as required by Section 1861 of the California Labor Code, that they are
aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for Workers Compensation
or to undertake self-insurance in accordance with the provisions of the Code, and
parties will comply with such provisions before commencing the performance of
the work of this Agreement.
b) Liability Insurance- COLMA and SSF shall take out and maintain during the life
of this Agreement such Bodily Injury Liability and Property Damage Liability
Insurance as shall protect it while performing work covered by this Agreement
from any and all claims for damages for bodily injury, including accidental death,
as well as any and all claims for property damage which may arise from COLMA's
and SSF's operations under this Agreement, whether such operation be by itself
or by any subcontractor or by anyone directly or indirectly employed by either of
them. Such insurance shall be combined single limit bodily injury and property
damage for each occurrence and shall be not less than:
1. Comprehensive General Liability ............... $2,000,000
2. Motor Vehicle Liability Insurance. . - . ........... $2,000,000
15. Non-Discrimination
No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40),
national origin, medical condition (cancer), physical or mental disability, sexual
orientation, pregnancy, child birth or related medical condition, marital status, or political
affiliation be denied any benefits or subject to discrimination under this Agreement.
COLMA and SSF shall ensure equal employment opportunity based on objective
standards of recruitment, classification, selection, promotion, compensation,
performance evaluation, and management relations for all employees under this
OAK #4819-0376-8073 v1
Agreement. COLMA's and SSF's equal employment policies shall be made available to
either party upon request.
16. Retention of Records
Each party agrees to provide to the other party, to any federal or state department having
monitoring or reviewing authority, to SSF's or COLMA's authorized representatives
and/or their appropriate audit agencies upon reasonable notice, access to and the right
to examine and audit records and documents necessary to determine compliance with
relevant federal, state, and local statutes, rules, and 'regulations, and this Agreement,
and to evaluate the quality, appropriateness and timeliness of services performed.
COLMA shall maintain and preserve all records relating to this Agreement for a period of
five (5) years from the termination date of this Agreement, or until audit findings are
resolved, whichever is greater. SSF shall maintain and preserve all records relating to
this Agreement in accordance with SSF's adopted records retention schedule.
17. Res onse to Public Records Act Re uests Sub oenas and DOJ Audits
COLMA and SSF shall be individually responsible for complying with requests for records
under the California Public Records Act. SSF shall provide technical assistance to COLMA
if the request involves incident records contained in SSF's computer aided dispatch system.
The Parties agree for purposes of section 6254.5 of the California Government Code that
any and all information exchanged between SSF and COLMA pursuant to this Agreement
will be treated as confidential, that only persons authorized in writing by the SSF City
Manager or the COLMA City Manager or their delegees shall be permitted to obtain such
information, subject to all applicable laws and regulations, and that any and all information
exchanged between SSF and COLMA pursuant to this Agreement will only be used for
purposes consistent with existing law.
COLMA and SSF shall be individually responsible for responding to California Department of
Justice audits related to the California Law Enforcement Telecommunications System
(CLETS) and the Department of Justice Criminal Justice Information System (CJIS)
databases. SSF shall provide technical assistance to COLMA to extract the necessary
information from the computer aided dispatch and records management systems when
requested.
18. MM#emff jg!amm
This Agreement, including any Exhibit(s) hereto constitutes the sole Agreement of the
parties hereto and correctly states the rights, duties, and obligations of each party as of
this document's date. Any prior agreement, promises, negotiations, or representations
between the parties not expressly stated in this document are not binding. All subsequent
modifications shall be in writing and signed by the parties.
19. Controllin Law
The validity of this Agreement and of its terms or provisions, as well as the rights and
duties of the parties hereunder, the interpretation, and performance of this Agreement
shall be governed by the laws of the State of California.
OAK #4819-0376-8073 v1
20e &mendment
This gr me nt may be m e nd d at any firne upon the written mutual approval of the
Nmtu.
1. A Mg j!
If any provWo m of 'gnus greem ent shall use held to be iInvaW„ void our uneaft)rceaNe, the
validity, legality oar enforceabiII4 ofthe remaining portions hereof shall not in any way be
affected or impaired paired ther by.
A waiver by either Party of the performance o my covenant or condition herein shall not
invalidate -this Agreement nor shall it use considered a waiver of any other covenant or
omn rmdufuo n, nor shall the delay or forbearance by either Party in exercising any remedy or right
be considered a waiver of, or an estoppel against, time later exercise of such r irm'm dy or, right,
23. Remedies Culnulative
This Agreement shall be binding upon and inure to time benefit of the heirs, administrators,
executors, successors in interest and assigns of each of the 13arties her eto, Any reference
in this gr rrm rnt to a specifically n rmm d Party shall be deemed to apply to mr°ny successor,
u"m iir, adumnurmustm tor, executor or assign of such Party who has acquired an interest in
compliance with time terms of this gm moment, or, under Il m .
In any acfion at law or in equity, arbitration or other proceeding arising in connection with this
Agreement, the prevailing party shall recover tummy " foes and other costs, including, but
not Urnut d to court costs and expert and consultants' fees incurred in connection with such
action, in addition to ny other relief ward d, and such ttorrn y " tees and costs shall be
included in any judgment in such action.
26. Dtions4 Inte ur t rm
OAK #4819 - 0376 -8073 v1
prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both
Parties had prepared it.
27. Pig �utes
If a dispute arises between the Parties regarding performance of either Party under this
Agreement, the Parties shall attempt to resolve such dispute informally by a meeting with
representatives of each Party. If, after a good faith attempt by both Parties to resolve the
dispute informally no resolution can be reached, the Parties may, at their sole and mutual
discretion, agree to engage in mediation, the costs of which shall be divided equally between
the Parties, unless otherwise agreed.
28. P2yflkERLrja
This Agreement may be executed in multiple counterparts, each of which shall be an original
and all of which together shall constitute one agreement.
29. Further Assurances
The Parties agree to execute, acknowledge and deliver to the other such other documents
and instruments, and to undertake such actions, as either shall reasonably request or as
may be necessary to carry out the intent of this Agreement.
30. Time is of the Essence
Time is of the essence and is a material term for all conditions and provisions contained in
this Agreement.
31. Agtftority
Each person executing this Agreement on behalf of one of the Parties represents that he or
she is duly authorized to sign and deliver the Agreement on behalf of such Party and that
this Agreement is binding on such Party in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives have
affixed their hands on the day and year in this Agreement first above written.
City Manager City Manager
City of South San Francisco Town of Colma
ATTEST By:
OAK #4819-0376-8073 v1
ATTEST:
1665866.1
10
OAK #4819- 0376 -8073 vl