Alameda County Fire Department

Transcription

1 Alameda County Fire Department 835 E. 14th Street San Leandro, CA Tel (510) Fax (510) AGENDA: July 24, 2012 SERVING: City of Dublin City of Newark City of Sa n Lea ndro City of Union City Lawrence Berkeley National Laboratory Lawrence Livermore National Laboratory Unincorporated Areas of Alameda County Alameda County Regional Emergency Communications Center ''Accredited Center of Excellence" July 9,2012 Honorable Board of Directors County Administration Building 1221 Oak Street Oakland, CA Dear Directors: SUBJECT: APPROVE AGREEMENTS BETWEEN THE ALAMEDA COUNTY FIRE DEPARTMENT AND CITIES OF LIVERMORE AND PLEASANTON FOR EMERGENCY DISPATCH SERVICES FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT RECOMMENDATION: It is recommended that the Board of Directors: 1. Approve, and authorize the Alameda County Fire Department Interim Fire Chief or designee to negotiate, finalize, and sign an Agreement, upon review and approval of County Counsel, between the Alameda County Fire Department and the City of Livennore for Emergency Dispatch Services for the Livennore-Pleasanton Fire Department provided by the Alameda County Regional Emergency Communications Center. The tenn of the Agreement is approximately for five (5) years, commencing August 15, 2012 through June 30, 2017, in an amount of $1,108,970, ($221,794 annually); and 2. Approve, and authorize the Alameda County Fire Department Interim Fire Chief or designee to negotiate, finalize, and sign an Agreement, upon review and approval of County Counsel between the Alameda County Fire Department and the City of Pleasanton for Emergency Dispatch Services for the Livennore-Pleasanton Fire Department provided by the Alameda County Regional Emergency Communications Center. The tenn of the Agreement is approximately for five (5) years, commencing August 15, 2012 and continue through June 30, 2017, in an amount of $945,445 ($189,089 annually). DEDICATED TO SUPERIOR SERVICE

2 SUMMARY/DISCUSSIONS: Alameda County Regional Emergency Communications Center (ACRECC), managed by the Alameda County Fire Department (ACFD), provides fire and ambulance dispatch services for ACFD and its contract agencies, including the cities of Dublin, Newark, San Leandro, Union City, Lawrence Berkeley National Laboratory, and Lawrence Livermore National Laboratory. It also provides emergency fire and medical dispatch services to the Alameda County Emergency Medical Services Agency, Camp Parks RFTA, the Cities of Alameda and Fremont, and Paramedic Plus. ACRECC is also the Region 2 Mutual Aid Coordinator. This allows for seamless fulfillment of mutual aid requests in large size incidents both locally and statewide. In the event of a large scale emergency, agencies dispatched by ACRECC can receive assistance from a single point of contact decreasing time delays inherent communications across multiple dispatch centers. ACRECC is an Accredited Center of Excellence by the National Academies ofemergency Dispatch. The cities of Livermore and Pleasanton entered into a Joint Powers Agreement to provide fire services to the respective cities by forming the Livermore-Pleasanton Fire Department (LPFD). The LPFD seeks to improve its regional response capabilities and efficiency by contracting with ACRECC for fire dispatch services. On June 11, 2012 and Junel9, 2012 respectively, the City Councils for the cities of Livermore and Pleasanton approved and authorized the City Mangers to negotiate and finalize an Agreement with the ACFD for dispatch services. Due to the estimated Agreements effective date is August 15,2012 and your Board will be in summer recess, ACFD is requesting your Board to approve, and authorize the Alameda County Fire Department Fire Chief or designee to negotiate, finalize, and sign the Agreements between the Alameda County Fire Department and the cities of Livermore and Pleasanton. ACFD staff will work with County Counsel and Risk Management to finalize the agreements FINANCING: There is no change being recommended with respect to the fmancing section of the Agreements and funds have been included in the approved Alameda County Fire Department's FY budget. The annual contract cost will be renegotiated annually and approved by the cities of Livermore and Pleasanton as part of the Alameda County Fire Department's annual budget recommendation to the Board ofdirectors. Sincerely, Demetrious N. Shaffer Interim Fire Chief

3 CITY COUNCIL AGENDA REPORT TO: FROM: SUBJECT: Honorable Mayor and City Council Jim Miguel, Fire Chief Resolution Authorizing Execution of an Agreement wrth the Alameda County Regional Emergency Communications Center (ACRECC) and the City of Livermore, in the amount not to exceed $221,794 annually, for Emergency Dispatch Services for the Livermore-Pleasanton Fire Department (LPFD). RECOMMENDED ACTION Staff recommends the City Council authorize the City Manager to enter into an agreement for Services wrth the Alameda County Regional Emergency Communications Center (ACRECC) to provide dispatch services to the LPFD. SUMMARY The LPFD seeks to improve its regional response capabilities and efficiency by contracting with the Alameda County Regional Communications Center (ACRECC) for fire dispatch services. DISCUSSION In 1996, when the cities of Livermore and Pleasanton entered into a Joint Powers Agreement to provide fire services to the respective cities, it was decided that the Livermore Police Department would provide the dispatch service to the LPFD. At that time, the LPFD was responding to 6367 incidents per year utilizing ten fire companies. In 2011, the LPFD responded to over 10,000 calls for service utilizing ten fire companies. In addition to the increased call volume, building construction types, building content types, and OSHA mandates have lead to a greater number of fire personnel needed to effectively mitigate incidents in a safe and legal manner. In an effort to manage the increasing staffing demands, regional fire agencies, the LPFD included, have partnered with their neighboring jurisdictions to provide aid to each other, thus preserving service li , I MEETING DATE: AGENDA ITEM' i I 6.03 i iii '-...._.. ~. ~_,_. L,_,._.- --J i 323

4 levels. While our partner agencies have already engaged in such agreements, and responses, a limitation to their effectiveness has long been the lack of common dispatch communications. In the current model, the closest available unit to a fire or medical emergency may not be dispatched as our agencies lack the ability to dispatch each other, or even know each other's unit availability. Alameda County Regional Emergency Communications Center ACRECC is a multi-agency fire and EMS specific communications center located in Livermore, at the Lawrence Livermore National Laboratory. ACRECC dispatches, and thus has common communications and direct resource status knowledge of the following agencies: Alameda City Fire Department, Alameda County Fire Department (covering Berkeley National Laboratory, Castro Valley, Dublin, Lawrence Livermore National Laboratory, Newark, San Leandro, San Lorenzo, Union City, and unincorporated Alameda County), Camp Parks Fire Department, Fremont Fire Department, and.paramedics Plus. Berkeley, Hayward, Livermore-Pleasanton and Oakland are the only sizeable fire departments in Alameda County that are not presently dispatched by ACRECC. ACRECC is also the Region 2 Mutual Aid Coordinator. This allows for seamless fulfillment of mutual aid requests in large size incidents both locally and statewide. In the event of a large scale emergency, agencies dispatched by ACRECC can receive assistance from a single point of contact decreasing time delays inherent communications across multiple dispatch centers. ACRECC plans to move to the East Bay Regional Communications System Authority (EBRCSA) in late 2012 to maintain and improve regional interoperability. ACRECC currently dispatches approximately 150,000 fire department and EMS calls per year. Their minimum day time staffing is 8 dispatchers. and night time 7. They have 9 dispatch console positions in their communications center. In the event of a large incident they are able to dedicate a dispatcher to that incident. ACRECC answers incoming emergency calls within 10 seconds of receipt 97% of the time. They dispatch calls within 60 seconds 93% of the time. ACRECC provides Emergency Medical Dispatching and Medical Priority Dispatching (MPD), both required components of the LPFD's communications center to continue to receive the full funding available from the County as an Alameda County Paramedic Provider. They are an Accredited Center of Excellence by the National Academies of Emergency Dispatch. LPFD Operational Impact: In both Livermore and Pleasanton, the police dispatch centers are the Public Safety Answering Points (PSAP). In the present model, when a call for fire services is received by Livermore, it is dispatched from the same center. In the event of a medical emergency the call is then transferred to ACRECC for ambulance dispatch. When the call is in a borderline area with another jurisdiction, or the LPFD's resources are taxed, Livermore Dispatchers would then contact ACRECC to request resources from the appropriate location causing unnecessary delays. In Pleasanton, when a call for the LPFD's services is requested, it is transferred to Livermore Police. Just as with 324 2

5 Livermore, the call would then be transferred again to ACRECC for the ambulance in a medical call, and/or additional fire agency resources would require a call in to ACRECC from Livermore. In the proposed plan, Livermore or Pleasanton would receive the emergency call as the Public Safety Answering Point (PSAP) and transfer it to ACRECC where LPFD, Paramedics Plus, and an adjacent fire agency would all be dispatched from. The response from each agency would be on the same radio channel from the onset providing a level of interoperability that currently does not exist in the Tri Valley. In addition to the improved communications amongst agencies, multiple times each year, the LPFD reaches a unit draw down to a level that requires assistance of other agencies. This is true for Alameda County Fire in the Tri valley as well. Based on our increasing population and call volume without an increase in fire units, mutual aid has become necessary to assure acceptable service levels. Under our current system, we do rely on other agencies, but we have no effective way of determining which resources are available or closer to incidents or able to provide district coverage. Moving to a single regional fire dispatch center allows dispatchers and field personnel to locate the closest, most appropriate resource. Livermore Police Dispatch: The Livermore Police Dispatch Center has provided quality service to the LPFD for over 15 years. During this time, requests for service have nearly doubled for all Tri-Valley agencies. As a result, all are increasingly reliant on each other to meet our customer service needs. Currently neither Livermore nor ACRECC are able to accurately determine the closest, most appropriate unit. In the past, a Computer Aided Dispatch (CAD) link between the two agencies was proposed. While this would help, it would still be less than ideal, as each agency would not necessarily know the geographical position of the resource, nor would they know when a resource was about to be sent on a call within their own jurisdiction. This link also comes with a cost estimated at $150,000. Additionally, the Livermore Police Department's CAD software has reached the end of its service life. The Livermore Police Department is pursuing replacement options for this, and a likely recommendation may be that Livermore gain shared access to a police-only CAD in an effort to significantly reduce cost. While this solution may be viable for the LPD, it would leave the LPFD in need of purchasing a CAD were they to continue to be dispatched by Livermore. An early estimate of this software potentially places it at over $1 million. ADMINISTRATIVE SERVICES Currently, the City of Pleasanton provides administrative support to the LPFD in Human Resources, Finance, IT Support, and Legal Services related to Human Resources. The City of Livermore provides Dispatch services

6 The total annual value of administrative services is approximately $705,000. Livermore pays Pleasanton fifty percent of this cost; the annual value of dispatch services is approximately $340,000 of which Pleasanton pays Livermore approximately $150,000. In an attempt to share administrative responsibilities between Livermore and Pleasanton, it is proposed that as Dispatch services move to ACRECC, Finance services would move from Pleasanton to Livermore. The value of financial services is approximately $280,000, of which Pleasanton would begin paying Livermore approximately $140,000 annually. FISCAL IMPACTS The City of Livermore currently provides dispatch services for the LPFD in both Livermore and in Pleasanton. Livermore presently recovers $34.53 per call dispatched in Pleasanton. In the fiscal year 2011/2012, it is estimated that Livermore will receive $157, based on 4,552 calls for service. Moving dispatch services for the LPFD from Livermore to ACRECC will eliminate this fee for service paid by Pleasanton. In the fiscal year 2012/2013, the projected cost per call for ACRECC is $ Based on 5,454 calls per year, the total fee for service in 2012/2013 is projected at $192,799. Over the next five years, it is estimated that the ACRECC cost per call will increase to $40.70, or to $221,794 per year based on 5,454 calls per year. AITACHMENTS None. Fiscal Review by: Doug- Alessio Administrative Services Director Approved by: Marc Roberts City Manager 326 4

7 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ALAMEDA COUNTY REGIONAL EMERGENCY COMMUNICATIONS CENTER (ACRECC) (Emergency Dispatch Services for Livermore-Pleasanton Fire Department $221,794) The livermore-pleasanton Fire Department ("LPFD") has become increasingly reliant upon a regional approach to provide fire services. The LPFD does not share a common dispatch center with other regional fire agencies. The LPFD is required to provide Emergency Medical Dispatching ("EMD") and Medical Priority Dispatching Services ("MPDS") under its First Responder Advanced Life Support contract. The Alameda County Regional Emergency Communications Center provides regional fire dispatching. EMD, and MPDS throughout Eastern and Southern Alameda County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the LPFD to transfer its dispatch service provider from the Livermore Police Department to the Alameda County Regional Emergency Communications Center. BE IT FURTHER RESOLVED that the City Council authorizes the livermore City Manager to enter into an agreement with Alameda County to provide dispatch services in an amount not to exceed $221,794, in the substantial form attached hereto as Exhibit A and subject to the City Attorney's approval as to form. On motion of Councilmember, seconded by Councilmember, the foregoing resolution was passed and approved on June 11, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCI LMEMBERS: ATTEST: APPROVED AS TO FORM: --,"":;'_:~"""-~~""""':"'>'r'~--"-"'~-'-'_.. _..._,, '--t:\_ ~_\l Susan Neer Kevin Y~ung j,/ City Clerk Assistant City Attorn~y.-' I /{I' RESOLUTION NO. _ 327

8 AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING THE REGIONAL EMERGENCY COMMlTNICATIONS CENTER AND FIRE DISPATCH SERVICES Date revised: Sheldon 328 EXHIBIT A

9 c-i -+-,A--,-C..::...F_D=-_. AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE ALAMEDA COUNTY FffiE DEPARTMENT REGARDING THE REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES THlS AGREEME~T is made and entered into by and between the Alameda County Fire District, a dependent fire district formed under the Fire Protection District Law of 1961 (Health and Safety Code Sections et seq.) and governed by its Board of Directors, hereinafter referred to as ALAMEDA COUNTY FIRE DEPARTMENT ("ACFD") and the CITY OF LIVERMORE ("City"), a municipal corporation, "Pal1ies" collectively, regarding the Alameda County Regional Emergency Communications Center (solely administered and managed by ACFD). In consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 - RECITALS The City of Livermore has relied upon the fire dispatch service proposal submitted by ACFD and desires to enter into this agreement for the stated services at the identified cost The term of the Agreement shall be as set forth in Section 9 of this Agreement. The foregoing rccitals arc true and correct. SECTION 2 -DEFINITIONS AND ACRONYMS. IACFD l-"acfd" means the Alameda County Fire District (afso known as the i Alameda County Fire Department), or any successor organization or I successor governmental entity. IAuthorized "Authorized Representative" means the person authorized by the ACFD Representative Ior I the City to act on behalf of AFCD or City on all issues pertaining to f I services providl::~_under this Agreement i Board of Directors -t "Board of Directors" means the Board of Directors of the Alameda County Fire Department and governing body of the ACFO. ACRECC "ACRECC" means Alameda County Regional Emergency I Communications Center which is solely administered and managed by --,-,- -:-- _ lf-c_'i--,' t),-' ----1!~'-'C-.i-,<t)_'''_ITI_e_an_s the City of Livennore. _ ---1 City Council ' "City Council" means the City Council orthe City of Livermore. i : City Manager ---:i--,"city Manager" means the City Manager of the City of Livermore. i DeSi g_nee i Designee means the person authorized by the Fire Chief or the City I IManager to act on their behalf in connection \vith this I County! "County" means the County of Alameda. 329

10 I Fire Chief ~"Fire Chief' means the chief executive officer of the ACFD IFiscal Year "Fiscal Year" means the annual period commencing on July 1 and ending i June 30., Dispatch specific Dispatch specific terminology used in this Agreement (e.g. Tn]) etc.) terminology shall be used in a manner consistent with the definitions published by the I ~ational Fire Protection Agency (NFPA) as it may exist from time to I time. SECTION 2 - TERM This Agreement is for the provision of emergency fire and medical dispatch services for a five year period, commencing, Julyl, 2012, and continuing through June 30, 2017, unless earlier terminated in accordance with the provisions of section 10 of this Agreement. 1be Agreement may be extended for an additional five (5) year period, upon mutual written agreement between CITY and ACFD. SECTION 3 - SCOPE OF SERVICES ACFD through ACRECC shall provide to City and be fully responsible for the following services Dispatch General Service Criteria and Guidelines ACFD/ACRECC shall provide all dispatch services identified below to all areas within the incorporated limits of the City and areas outside the City when City is providing mutual aid ACFD shall operate the ACRECC dispatch centcr in accordance with all applicable laws and National Fire Protection Association (NFPA) Codes and Standards. ACFD shall also consider nationally recognized standards of best practices established by professional associations (e.g.: Association of Public Safety Commtmications Officials, and National Emergency Number Association), and recommendations of the ACRECC Advisory Board ACFD shall maintain continuous accreditation as an Accredited Center of Excellence (ACE) by the National Academies of Emergcncy Dispatch (NAED ) ACFD shall utilize appropriate radio systems for dispatch communications at ACRECC ACRECC shall receive and respond twenty-four hours a day, three hundr~d and sixty five days per year all 911 calls for fire, rescue, hazardous materials and emergency medical calls, etc. for the CITY. 330

11 3.1.9 ACRECC shall monitor and reply twenty four hours a day all emergency radio traffic from the City. This includes the recall of off duty personnel, making notifications to Command Staff, calling for mutual aid assistance, notifying utility companies, and notifying other Public Safety Organizations, and other notifications as required in CITY tire department policies ACRECC shall monitor and reply to all non-emergency radio traffic from the CITY twenty four hours a day. This shall include companies in service for work details and training and companies in and out of service status ACRECC will provide a high level of customer service to the City in accordance with the City's customer service philosophies ACRECC will ensure city coverage per CITY fire department policies at all times ACRECC will provide to CITY a monthly report of dispatch compliance with call-taking and dispatching goals in this Agreement. 3.2 Fire Dispatch During the ternl ofthis Agreement: For fire dispatch, ACFD through ACRECC will operate and maintain a Computer-Aided Dispatch (CAD) system that is capable of: Tracking the status of all City resources Entering locations of incidents by street address, intersection, common place name, or latitudellongitude coordinates Alerting fire stations of new incidents by voice, printed message, page, and radio announcement Entering in pertinent information related to active incidents Ensure that all systems and c1ectronic interfaces are maintained and working ACFD through ACRECC \""ill utilize the following radio systems for unit-todispatch communications: Alameda County 800 MHz Trunked Radio System Lawrence LivemlOre Laboratory 400 MHz Trunked Radio System VHF Mutual Aid frequencies 331

12 3.3 Fire and other non-medical emergencies shall be answered within 10 Seconds 90% of 90 % of the time and dispatched within 60 seconds 90% of the time per City's standard of cover and fire department policies Emergencv Medical Dispatch ACFD through ACRECC shall provide Emergency Medical Dispatch (EMD) Service, in accordance with Medical Priority Dispatch System ("MPDS(i{;") standards, twenty-four hours a day, three hundred and sixty five days per year For EMD dispatch, ACFD shall operate and maintain a Computer-Aided Dispatch (CAD) system capable of: Tracking the status of all agency resourccs Entering locations of incidents by street address, intersection, common place name, or latitudellongitude coordinates Alerting fire stations of new incidents by voice, printed message, radio announcement, and/or page Entering in pertinent information related to active incidents Ensuring that all systems and electronic interfaces are maintained and working Tracking all dropped calls by time elapsed before the call was dropped Tracking all cajls placed on hold, including the amount of time the caller was kept on hold Tracking calls for which First Responder Advanced Life Support (FRALS) and/or ambulances were sent to an incorrect location including cause if known and if call resulted in a latc response ACFD shall adhere to the following the National Academies of Emergency Dispatch (NAED ) standards: Every call for medical assistance received by ACRECC will receive the appropriate EMD in accordance with NAED and lvipds standards All dispatchers shall be certified in EMD by the NAED before hc/she completes the initial training program and shall maintain certification for 332

13 the duration of his/her employment. If a dispatcher cenification expires, that dispatcher may not perform the duties of an EMD until the certification has been renewed Pre-Arrival Instructions shall be given to the caller based on the outcome of the EMO protocol Patient updates. including updates to MPDS determinants, shall be given to all County contracted ambulance providers responding to the scene FRALS units responding via ACRECC dispatch shall receive patient updates on the designated FRALS channel(s). FRALS units not responding via ACRECC dispatch may receive updates on the ACRECC designated channel AeFO shall operate and maintain telephony equipment In accordance with all State, Federal, and industry standard guidelines Emergency Medical calls shall be answered in 10 seconds or less 90% of the time. Calls placed on hold and not re-answered within the initial ]0 second limit shall not be considered compliant. Exception: Should the workload of the dispatch center require it, the EMO shall apply the "emergency rule" and temporarily suspend the provision of PAIs Emergency medical 9-] -1 calls shall be processed from time the location is verified until the recommended units' are notified in 60 seconds or less 90% of the time. Exception One: A call requiring the use of translation services. Exception Two: Should the workload of the dispatch center require it, the EMO shall apply the "emergency rule" and temporarily suspend the provision of PAIs. SECTION 4 - QUALITY IMPROVEMENT 4.1 ACFO shall use ProQA I AQUAHI software. or other software mutually agreed upon by the Parties, to perform regular Quality Assurance! Quality Improvement review in accordance with NAEO@ standards. SECTION 5 - REQUIRED REPORTS AND ANCILLARY SERVICES 5.1. ACFD shall submit monthly reports to CITY on the following: Total number of medical calls Total number of dispatched utilizing EMOlProQA system 5.].4 Total number not dispatched utilizing the EMO/ProQA system Oetennination Drift Report (see Appendix R) Communication Center Protocol Compliance Report (see Appendix C) 333

14 5.1.7 QI Summary Report (see Appendix D) Number of dropped calls by jurisdiction by timc elapsed before the call was dropped Number of calls placed on hold, including the amount of time the caller was kept on hold Number of calls sent to an incorrect address by jurisdiction, including calls resulting in a late in response time for the County contracted private provider and the cause for the incorrect information, if known ACFD shall inform the CITY of any and all substantial complaints regarding the provision of services under this agreement by ACFD at ACRECC through submission of an Unusual Occurrence Report. 5.3 ACFD shall reasonably accommodate requests for service from the community. Requests for service which are not included within the scope of this Agreement shall be provided by ACRECC subject to mutual agreement by Fire Chief and City Manager. SECTION 6 - FACILITY LOCATION/ PERSONNEL REQUIREMENTS 6.1 The ACRECC dispatch center is located within the Lawrence Livennore National Laboratory and may be relocated as approved by the ACFD after consultation with the ACRECC Advisory Board. 6.2 ACFD shall ensure all Emergency Medical Dispatchers maintain continuous certification in Advanced Emergency Medical Dispatch by the NAED. 6.3 ACFD shall ensure all Emergency Medical Dispatchers provide medical dispatch services utilizing the MPDS. 6.4 ACFD sha]] provide Emergency Medical Dispatchers training in the use of ProQNRI dispatch software. 6.5 All individuals employed at ACRECC are employees of AeFD. CITY shall not be liable for the payment of any salary, wages, benefits or other compensation to ACFD's personnel performing services hereunder. AFCD shall be responsible for wages, worker's compensation and other benefits. ACFD currently has 30.5 employees working for ACRECC: I dispatch manager, 4 shift supervisors, 22 dispatchers, I systems administrator, I administrative clerk (.50 FTE), I quality assurance manager, and IGIS specialist. In the absence of dispatch supervisors, qualified and trained personnel, meeting all requirements of this Agreement, working "out-of-class" (acting) wi]) be used. 334

15 SECTION 7 - ADMINISTRATION 7.1 Liaison from ACFD to CITY Changes to thi s Agreement shall be made by mutual written agreement of both parties The Fire Chief and City Manager are authorized representatives of ACFD and City respectively for purposes of administration of this Agreement 7.2 Records The Fire Chief, or designee, and City Manager, or designee, shall meet as needed to discuss issues pertaining to: Budget Operational issues, including changes to service delivery Technical issues related to infonnation technology and system components; and Dispatch operational issues related to field unit reporting and system status management ACFD shall provide to CITY all financial and other records reasonably requested by the City Manager or designee related to this Agreement and operation of the ACRECC by ACFD It is understood by CITY and ACFD that the County will continue the current practice of a yearly independent audit of ACFD's financial performance. However, in the event that the County does not complete the yearly independent audit, ACFD shall secure such services by a different entity acceptable to the City Manager or designee. ACfD shall ensure that the County of Alameda, or other entity, provide such audit reports to the City Manager within thirty (30) calendar days of publication. 7.3 Cooperation with Other Contracted J~JvfS Dispatch Centers

16 SECTION 8 ACRECC ADVISORY BOARD AND OTHER REQUIRED COMMITTEES 8.1 The purpose of the ACRECC Advisorv Board shall be to: Develop and/or revie'\v of the ACRECC Strategic Plan and Annual Plan and Budget to include expenses. capital replacement and reserve designations Identify opportnnities for improvement of services based on best practices Establish and adhere to the Advisory Board By-Laws (see Appendix A) Participate in the development review and adoption of the ACRECC budget Notwithstanding any other provision in this agreement, the ACRECC Advisory Board is not a separate legal entity, and its sole purpose is to advise ACFD in connection with the ACRECC The guidelines for the operation of ACRECC are attached hereto as Appendix?? and become a part of this agreement and as amended from time to time. 8.2 ClTY shall be entitled to one representative on the ACRFCC Advisory Board. 8.3 ACFD shall utilize quality improvement structures as described in the MPDS Steering Committee: The City Manager or designee shall attend the Steering Committee The Steering Committee must meet at least twice yearly QI team -Internal QI review between EMD manager and EMD-Q's Dispatch Review Committee - CITY compliance and quality managers from all dispatch centers shah meet every other month to discuss personnel inter-rater reliability and other issues as appropriate Other committees as appropriate. 336

17 SECTION 9 - BREACH OF CONTRACT 9.1 Material Breach by ACFO Acts or omissions that shall constitute a material breach by ACFO include: Failure to maintain continuous NAED Accreditation. (see ) Failure to meet contract compliance regarding employee certifications Willful failurc of ACFO to provide material services under this Agreement in substantial compliance with the requirements of the applicable Federal and State, laws, rules, and regulations shall constitute a material breach by ACFD. Minor infractions of such requirements shall not constitute a material breach Willful falsitication of data supplied to CITY during the course of operations, including but not limited to dispatch data, patient report data, response time data, financial data, or t~ilsification of any other data required under agreement; however, negligent or unintentional supplying of any data shall not be grounds for tem1inating this agreement Willful failure to maintain equipment in accordance with the requirements of this Agreement; however, negligent or unintentional maintenance of equipment shall not be grounds for tenninating this Agreement 9.2 Notice and Cure of Material Breach CITY shah give ACFO written notice, return receipt requested, setting forth with reasonable specificity the nature of a material breach ACFD shall have the right to cure the material breach within ten (10) calendar days of receipt of notice. Within five (5) calendar days of receipt of a material breach notice, ACFD shall deliver to CITY, in writing, a plan of action to cure the material breach or its reasons for disputing CITY's claim of a material breach Tf the material breach, by its nature, cannot reasonably be cured within ten (10) calendar days, ACFD may request additional days to complete the cure of the breach. Such a request by ACFO shall not be unreasonably denied by CITY. 9.3 CITY Remedies CTTY shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) 337

18 calendar days or additional time granted by ClTY CITY's remedies for any breach are non-cumulative and in addition to any other remedy available to CITY under this Agreement. 9.4 Material Breach by CITY and ACFD Remedies Acts or omissions that shall constitute a material breach by CITY include the failure to make timely payment of undisputed amounts under the terms of this Agreement or to violate any other material provision in this Agreement ACFD shall have the right to temlinate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (l0) calendar days or additional time granted by ACFD ACFD's remedies for any breach are non-cumulative and in addition to any other remedy available to ACFD under this Agreement. SECTION 10 - ADMINISTRATIVE PROVISIONS 10.1 Continuous Service Delivery ACFD agrees that there is a public health and safety obligation to assist CITY in every effort to ensure uninterrupted and continuous service delivery in the event of a material breach, even if ACFD disagrees with the alleged determination of material breach Dispute Resolution In the event that either party disputes any provision of this agreement pertaining to penalties greater than or equal to $25,000 or breach of contract, the parties shall meet and to attempt to resolve the dispute. Disputes not resolved at the City Manager and Fire Chief (or his/her designee) level may be escalated by giving '\-Titten notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible Within ten (l0) calendar days from the date of notice, the parties shall mutually select one person \vho shall mediate the dispute. The parties should select a qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen (14) calendar days, the parties shall each designate one person as a mediator within twenty (20) calendar days following notice These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject of the dispute) within twenty (20) calendar days of the notice. The one selected mediator shall mediate the 338

19 dispute. The mediation shall be completed within thirty (30) calendar days of the appointment of the mediator. The mediation shall be conducted in accordance with the discretion of the mediator. However, if the mediator is unable to resolve the dispute within thirty (30) calendar days, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (l0) calendar days thereafter The written recommendations by the mediator shall be taken seriously by the parties within forty-five (45) calendar days of receipt of the written recommendations from the mediator. the governing bodies shall give the respective parties input for resolution of the dispute. After input from the governing bodies, the parties may continue to negotiate a resolution of the dispute. The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either party by the mediator for good cause shown Termination If mutual consent is deemed not possible by either party, this Agreement may be terminated early by twelve months advance written notice to the ACFD from the CITY Termination for Cause If either party fails to cure any material breach, following notice and opportunity to cure, either party, upon VvTitten notice to the other, may telminate this Agreement for cause. The termination shall be effective not Jess than 90 days from the date of the notice or such longer time as determined by the CITY Non-Allocation of Funds- The ternls of this Agreement and the services to be provided and paid for under this Agreement, are contingent upon the appropriation of funds by the governing bodies of the respective parties in each fiscal year SECTION 11 - COST OF SERVICES ACRECC Operating Budget. For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit a budget for the succeeding one or two fiscal years to the City Manager in accordance with the City's budget instructions and required deadlines Monitor Indirect Charges. ACFD will evaluate the appropriateness of the County's indirect charges and, where necessary, consult, on behalf of all entities contracting with ACFDIACRECC, '''lith the County regarding indirect charges. 339

20 11.3. Capital Requirements. The Fire Chief will also recommend any capital needs or moditication to services, which the City provides to directly support the provision of ACFO contractual services under this Agreement. These recommendations shall be suhmitted along with the proposed ACRECC Dispatch Budget. I 1.4. City Adoption of Budget. The ACRECC budget, as modified by the City Manager as necessary, shall be included in the City Manager's proposed Budget and Capital Improvement Program. The ACRECC budget shall be reviewed, modified (if necessary) and approved by the City Council at the same time and place as the City's Budget. I 1.5. Management of Budget. In accordance with the expenditures authorized by the ACRECC budget, the Fire Chief shall be responsible for managing the ACRECC budget to keep dispatch expenditures within the amount budgeted. If during the year, the Fire Chief believes that the approved ACRECCC budget is insufficient in any respect to insure the provision of service at the service levels required by this Agreement, he shall immediately infonn the City Manager/designee in writing specifying the budgetary deficiency. An annual budget shall be presented by the Fire Chief to the City Manager not later than March 3I and shall be adopted no later than June I ofeach year. At the discretion ofthe Fire Chief a multi-year budget may be adopted. thereby eliminating the requirements of annual presentation and adoption during the tenn of such multi-year budget. The Fire Chief shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly section 6505 of the California Government Code. All of the funds shall be strictly accounted for. The Fire Chief or his designee shall receive and disburse funds only in accordance with the procedures established by the County of Alameda and in conformity with applicable law. The Fire Chief or his designee shall have the authority to expend funds which have been approved in the budget. The Fire Chief shall have the authority to levy a cash assessmcnt upon a determination that it is necessary to meet the ACRECC obligations. All cash assessments shall be determined and payable in accordance with the "Payment of Services" section. Cost Allocation: The basis of the Center's financial responsibility shall be shared and shall be proportionate to the numher of dispatch events annually based on the previous year period. For the purposes of calculating dispatch events the period of calculation will be from January I to December 3I of the previous year. The Consortium members will provide sufficient funds to cover their proportionate share in advance to reimburse ACF 340

21 for start-up costs and all other costs incurred in performance of the work described in this Agreement. and ACFO will have no obligation to perform in the absence of adequate advance funds. ACF will initially invoice the Advisory Board members an amount sufficient to permit the work to proceed for at least ninety (90) days and thereafter invoice the Advisory Board members monthly so as to maintain approximately a 90-day period that is funded in advance. Payment will be made directly to the ACF. Upon termination or completion, any excess funds will be refundt:d by ACF to the Advisory Board members. The total costs allocated to the jurisdictions utilizing thc cost per call methodology will be the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and Paramedics Plus for services provided on their behalf. This assumed revenue will be in accordance with the Alameda County EMS and Paramedics Plus established contract for service amounts. SECTION 12 - PAYMENT FOR SERVICES. 12. I. City Payment. The City shalt pay ACFO the actual cost incurred by AeFD for providing any and all services to be provided to the City under this Agreement, which may be more or less than the amount included within the budget Monthly Expenditure Report. No later than 15 days following the end of each month, ACFD shall deliver to the City a report setting forth the actual expenditures during the preceding month and the percentage of the budget, which such expenditures represent Method of Billing and Payment. City will pay ACFD the undisputed amounts of the invoice within 30 days of receipt of the monthly invoice. SECTION 13 - INDEMNIFICATION Mutual Indemnification. Except as otherwise specifically provided in this Agreement or any attachment hereto, ACFD, shall defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind or nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of ACFD, their elected or appointed officials, officers or employees in connection with or arising out of the performance by ACFD and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or 341

22 unconstitutionality. Except as otherwise specifically provided in this Agreement or any attachment hereto. the City shall defend. indemnify, and hold harmless the ACFO, their elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind of nature, including consequential damages. based or asserted upon any act or omission of or purported act of omission of City, its ejected or appointed officials, ofticers or employees in connection with or arising out of the performance by City and its ejected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality of a City ordinance Mutual Indemnification Obligations Survive Termination. The obligations created by Section 8 shall survive the expiration or termination of this Agreement as to activities occurring or bcing carried out during the tenn of this Agreement in the performance of this Agreement. SECTION 14 -INSURANCE General and Auto Liability. AcrD shall maintain general and auto liability insurance, including bodily injury and property damage, with a single combined liability limit of not less than $10 mi!lion insuring all liability of County, including ACFO and its authorized representatives arising out of and in connection with the provision of service by ACFD under this Agreement, including the use and/or occupancy of City owned equipment, apparatus, real property and premises. The City shall be named as an additional insured and the policy shall contain cross liability endorsements. An endorsement shall be provided which states that the County coverage is the primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under this coverage. ACFD, on its own or through the County, may self-insure to these limits of coverage. ACFD shall furnish. City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on fontis provided by the City or on other than the City'S forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. 342

23 SIGNATORY IN WITNESS WHEREOF, the City, by resolution or ordinance duly adopted by its City Council, has approved the execution of this contract by its mayor, and the County. by order of its Board of Supervisors has ratified the execution of this contract by the President of the Board of Directors of the Alameda County Fire Department, this _ day of,2011. Approved as to fonn and content: By: lbd, County Counsel _ ATTEST: CRYSTAL K. HISHIDA COUNTY OF ALAMEDA, a political Clerk, Board of Supervisors Alameda subdivision of the State of California, acting County, California on behalf of the Alameda County Fire District (also known as the Alameda COlmty Fire Department) By: _ By: CRYSTAL K. HISHIDA Alice Lai-Bitker. President I hereby certify under penalty of perjury that the President of the Board of Directors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on,2012. Date: CRYSTAL K. HISHIDA, Clerk Board of Supervisors, County of Alameda, State of California 343

24 ADOPTED BY: City of Livennore, a Municipal Corporation By: _ Date:. John Marchand, Mayor Attest: Susan Neer, City Clerk _ Approved as to fonn: John Pomidor, City Attorney 344

25 _.~. CITY COUNCIL AGENDA REPORT PL ASANTON. June 19, 2012 Fire TITLE: AUTHORIZE EXECUTION OF AN AGREEMENT WITH THE ALAMEDA COUNTY REGIONAL COMMUNICATIONS CENTER (ACRECC) IN THE AMOUNT NOT TO EXCEED $ ANNUALLY, FOR EMERGENCY DISPATCH SERVICES FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT (LPFD) SUMMARY The Livermore-Pleasanton Fire Department seeks to improve its regional response capabilities and efficiency by contracting with the Alameda County Regional Communications Center (ACRECC) for fire dispatch services. RECOMMENDATION Staff recommends the City Council authorize the City Manager to enter into an agreement for Services with the Alameda County Regional Emergency Communications Center (ACRECC) to provide dispatch services to the LPFD. FINANCIAL STATEMENT The City of Pleasanton currently reimburses the City of Livermore for dispatch services provided. For the current fiscal year, it is estimated that Livermore will dispatch 4,552 calls for service within the City of Pleasanton at a per call cost of $ It is estimated that in the fiscal year 2011/2012, the total call cost to Pleasanton will be $157, Moving dispatch services for the LPFD to ACRECC for the fiscal year 2012/2013 is projected at $ based on a per call cost of $35.35 for 4,646 calls for service. Over the next five years, IT is estimated that the ACRECC cost per call will increase to $40.70, orto $189,089 per year based on 4,646 calls per year.

26 BACKGROUND In 1996, when the cities of Livermore and Pleasanton entered into a Joint Powers Agreement to provide fire services to the respective cities, it was decided that the Livermore Police Department would provide the dispatch service to the LPFD. At that time, the LPFD was responding to 6367 incidents per year utilizing ten fire companies. In 2011, the LPFD responded to over 10,000 calls for service utilizing ten fire companies. In addition to the increased call volume, building construction types, building content types, and OSHA mandates have lead to a greater number of fire personnel needed to effectively mitigate incidents in a safe and legal manner. In an effort to manage the increasing staffing demands, regional fire agencies, the LPFD included. have partnered with their neighboring jurisdictions to provide aid to each other, thus preserving service levels. While we and our partner agencies have already engaged in such agreements, and responses, a limitation to their effectiveness has long been the lack of common dispatch communications. In the current model, the closest available unit to a fire or medical emergency may not be dispatched as our agencies lack the ability to dispatch each other, or even know each other's unit availability. DISCUSSION Alameda County Regional Communications Center ACRECC is a multi-agency fire and EMS specific communications center located in Livermore, at the Lawrence Livermore National Laboratory. ACRECC dispatches, and thus has common communications and direct resource status knowledge of the following agencies: Alameda City Fire Department, Alameda County Fire Department (covering Berkeley National Laboratory, Castro Valley, Dublin, Lawrence Livermore National Laboratory, Newark, San Leandro, San Lorenzo, Union City, and unincorporated Alameda County), Camp Parks Fire Department. Fremont Fire Department, and Paramedics Plus. Berkeley, Hayward, Livermore-Pleasanton and Oakland are the only sizeable fire departments in Alameda County that are not presently dispatched by ACRECC. ACRECC is also the Region 2 Mutual Aid Coordinator. This allows for seamless fulfillment of mutual aid requests in large size incidents both locally and statewide. In the event of a large scale emergency, agencies dispatched by ACRECC can receive assistance from a single point of contact decreasing time delays inherent communications across multiple dispatch centers. ACRECC plans to move to the East Bay Regional Communications System Authority (EBRCSA) in late 2012 to maintain and improve regional interoperability. ACRECC currently dispatches approximately 150,000 fire department and EMS calls per year. Their minimum day time staffing is 8 dispatchers, and night time 7. They have 9 dispatch console positions in their communications center. In the event of a large incident they are able to dedicate a dispatcher to that incident. ACRECC answers incoming emergency calls within 10 seconds of receipt 97% of the time. They dispatch calls within 60 seconds 93% of the time. ACRECC provides Emergency Medical Page 20f4

27 Dispatching and Medical Priority Dispatching (MPD), both required components of the LPFD's communications center to continue to receive the full funding available from the County as an Alameda County Paramedic Provider. They are an Accredited Center of Excellence by the National Academies of Emergency Dispatch. LPFD Operational Impact: In both Livermore and Pleasanton. the police dispatch centers are the Public Safety Answering Points (PSAP). In the present model. when a call for fire services is received by Livermore. it is dispatched from the same center. In the event of a medical emergency the call is then transferred to ACRECC for ambulance dispatch. When the call is in a borderline area with another junsdiction, or the LPFD's resources are taxed, Livermore Dispatchers would then contact ACRECC to request resources from the appropriate location causing unnecessary delays. In Pleasanton. when a call for the LPFO's services is requested. it is transferred to Livermore Police. Just as with Livermore, the call would then be transferred again to ACRECC for the ambulance in a medical call, andlor additional fire agency resources would require a call in to ACRECC from Livermore. In the proposed plan. Livermore or Pleasanton would receive the emergency call as the Public Safety Answering Point (PSAP) and transfer it to ACRECC where LPFD. Paramedics Plus, and an adjacent fire agency would all be dispatched from. The response from each agency would be on the same radio channel from the onset providing a level of interoperability that currently does not exist in the Trj Valley. In addition to the improved communications amongst agencies, multiple times each year. the LPFD reaches a unit draw down to a level that requires assistance of other agencies. This is true for Alameda County Fire in the Tn valley as well. Based on our increasing population and call volume without an increase in fire Llnits. mutual aid has become necessary to assure acceptable service levels. Under our current system. we do rely on other agencies, but we have no effective way of determining which resources are available or closer to incidents or able to provide district coverage. Moving to a single regional fire dispatch center allows dispatchers and fl9ld personnel to locate the closest, most appropriate resource. Livermore Police Dispatch: The Livermore Police Dispatch Center has provided quality service to the LPFD for over 15 years. During this time, requests for service have nearly doubled for all Tri-Valley agencies. As a result. all are increasingly reliant on each other to meet our customer service needs. Currently neither Livennore nor ACRECC are able to accurately determine the closest, most appropriate unit. In the past, a Computer Aided Dispatch (CAD) link between the two agencies was proposed. While this would help, it would still be less than ideal, as each agency would not necessarily know the geographical position of the resource, nor would they know when a resource was about to be sent on a call within their own jurisdiction. This link also comes with a cost estimated at $150,000. Page 3 of4

28 Additionally, the Livermore Police Department's CAD software has reached the end of its service life. The Livermore Police Department is pursuing replacement options for this, and a likely recommendation may be that Livermore gain shared access to a police-only CAD in an effort to significantly reduce cost. While this solution may be viable for the LPD, it would leave the LPFD in need of purchasing a CAD were they to continue to be dispatched by Livermore. An early estimate of this software potentially places it at over $1 million. Fiscal Review: 'f~~~ Emily E. Wagner Director of Finance Nelson Fialho City Manager Attachments: 1. Draft Contract Page 4 of4

29 Attachment 1 AGREEMENT BETWEEN THE CITY OF PLEASANTON AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING THE REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES Date revised: Sheldon

30 AGREEMENT BETWEEN THE CITY OF PLEASANTON AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING THE REGIONAL EMERGENCY COMMUNICATIONS CENTER AND FIRE DISPATCH SERVICES THIS AGREEMENT is made and entered into by and between the Alameda County Fire District, a dependent fire district fonned under the Fire Protection District Law of 1961 (Health and Safety Code Sections et seq.) and governed by its Board of Directors, hereinafter referred to as ALAMEDA COUNTY FIRE DEPARTMENT ("ACFD") and the CITY OF PLEASANTON ("City"), a municipal corporation, "Parties" collectively, regarding the Alameda County Regional Emergency Communications Center (solely administered and managed by ACFD). In consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 - RECITALS The City of Pleasanton has relied upon the fire dispatch service proposal submitted by ACFD and desires to enter into this agreement for the stated services at the identified cost The tenn ofthe Agreement shall be as set forth in Section 9 ofthis Agreement. The foregoing recitals are true and correct. SECTION 2 -DEFINITIONS AND ACRONYMS. ACFD Authorized Representative Board of Directors ACRECC City City Council City Manager Designee County Fire Chief "ACFD" means the Alameda County Fire District (also known as the Alameda County Fire Department), or any successor organization or successor governmental entity. "Authorized Representative" means the person authorized by the ACFD or the City to act on behalf of AFCD or City on all issues pertaining to services provided under this Agreement "Board of Directors" means the Board of Directors of the Alameda County Fire Department and governing body ofthe ACFD. "ACRECC" means Alameda County Regional Emergency Communications Center which is solely administered and managed by ACFD. "City" means the City of Pleasanton. "City Council" means the City Council of the City of Pleasanton. "City Manager" means the City Manager ofthe City of Pleasanton. Designee means the person authorized by the Fire Chief or the City Manager to act on their behalf in connection with this "County" means the County of Alameda. "Fire Chief' means the chief executive officer of the ACFD.

31 Fiscal Year Dispatch specific tenninology "Fiscal Year" means the annual period commencing on July I and ending June 30. Dispatch specific tenninology used in this Agreement (e.g. TBD etc.) shall be used in a manner consistent with the definitions published by the National Fire Protection Agency (NFPA) as it may exist from time to time. SECTION 2 - TERM This Agreement is for the provision of emergency fire and medical dispatch services for a five year period, commencing, July 1, 2012, and continuing through June 30, 2017, unless earlier tenninated in accordance with the provisions of section 10 of this Agreement. The Agreement may be extended for an additional five (5) year period, upon mutual written agreement between CITY and ACFD. SECTION 3 - SCOPE OF SERVICES ACFD through ACRECC shall provide to City and be fully responsible for the following services Dispatch General Service Criteria and Guidelines ACFDIACRECC shall provide all dispatch services identified below to all areas within the incorporated limits of the City and areas outside the City when City is providing mutual aid ACFD shall operate the ACRECC dispatch center in accordance with all applicable laws and National Fire Protection Association (NFPA) Codes and Standards. ACFD shall also consider nationally recognized standards of best practices established by professional associations (e.g.: Association of Public Safety Communications Officials, and National Emergency Number Association), and recommendations of the ACRECC Advisory Board ACFD shall maintain continuous accreditation as an Accredited Center of Excellence (ACE) by the National Academies of Emergency Dispatch (NAED ) ACFD shall utilize appropriate radio systems for dispatch communications at ACRECC ACRECC shall receive and respond twenty-four hours a day, three hundred and sixty five days per year aji 911 calls for fire, rescue, hazardous materials and emergency medical calls, etc. for the CITY ACRECC shall monitor and reply twenty four hours a day all emergency radio traffic from the City. This includes the recall ofoffduty personnel, making

32 notifications to Command Staff, calling for mutual aid assistance, notifying utility companies, and notifying other Public Safety Organizations, and other notifications as required in CITY fire department policies ACRECC shall monitor and reply to all non-emergency radio traffic from the CITY twenty four hours a day. This shall include companies in service for work details and training and companies in and out of service status ACRECC will provide a high level of customer service to the City in accordance with the City's customer service philosophies ACRECC will ensure city coverage per CITY fire department policies at all times ACRECC will provide to CITY a monthly report of dispatch compliance with call-taking and dispatching goals in this Agreement. 3.2 Fire Dispatch During the term of this Agreement: For fire dispatch, ACFD through ACRECC will operate and maintain a Computer-Aided Dispatch (CAD) system that is capable of: Tracking the status of all City resources Entering locations of incidents by street address, intersection, common place name, or latitude/longitude coordinates Alerting fire stations of new incidents by voice, printed message, page, and radio announcement Entering in pertinent information related to active incidents Ensure that all systems and electronic interfaces are maintained and working ACFD through ACRECC will utilize the following radio systems for unit-todispatch communications: Alameda County 800 MHz Trunked Radio System Lawrence Livermore Laboratory 400 MHz Truoked Radio System VHF Mutual Aid frequencies 3.3 Fire and other non-medical emergencies shall be answered within 10 Seconds 90% of 90 % of the time and dispatched within 60 seconds 90% of the time per City'S standard of cover and fire department policies. 3.4

33 3.3 Emergency Medical Dispatch ACFD through ACRECC shall provide Emergency Medical Dispatch (EMD) Service, in accordance with Medical Priority Dispatch System ("MPDS ") standards, twenty-four hours a day, three hundred and sixty five days per year For EMD dispatch, ACFD shall operate and maintain a Computer-Aided Dispatch (CAD) system capable of: Tracking the status ofall agency resources Entering locations of incidents by street address, intersection, common place name, or latitude/longitude coordinates Alerting fire stations of new incidents by voice, printed message, radio announcement, and/or page Entering in pertinent information related to active incidents Ensuring that all systems and electronic interfaces are maintained and working Tracking all dropped calls by time elapsed before the call was dropped Tracking all calls placed on hold, including the amount of time the caller was kept on hold Tracking calls for which First Responder Advanced Life Support (FRALS) and/or ambulances were sent to an incorrect location including cause ifknown and ifcall resulted in a late response ACFD shall adhere to the following the National Academies of Emergency Dispatch (NAED ) standards: Every call for medical assistance received by ACRECC will receive the appropriate EMD in accordance with NAED and MPDS standards All dispatchers shall be certified in EMD by the NAED before he/she completes the initial training program and shall maintain certification for the duration of hislher employment. If a dispatcher certification expires, that dispatcher may not perform the duties of an EMD until the certification has been renewed Pre-Arrival Instructions shall be given to the caller based on the outcome ofthe EMD protocol.

34 Patient updates, including updates to MPDS determinants, shall be given to all County contracted ambulance providers responding to the scene FRALS units responding via ACRECC dispatch shall receive patient updates on the designated FRALS channel(s). FRALS units not responding via ACRECC dispatch may receive updates on the ACRECC designated channel ACFD shall operate and maintain telephony equipment in accordance with all State, Federal, and industry standard guidelines Emergency Medical calls shall be answered in 10 seconds or less 90% of the time. Calls placed on hold and not re-answered within the initial 10 second limit shall not be considered compliant. Exception: Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAls Emergency medical calls shall be processed from time the location is verified until the recommended units are notified in 60 seconds or less 90% of the time. Exception One: A call requiring the use of translation services. Exception Two: Should the workload of the dispatch center require it, the EMD shall apply the "emergency rule" and temporarily suspend the provision of PAis. SECTION 4 - QUALITY IMPROVEMENT 4.1 ACFD shall use ProQA I AQUATM software, or other software mutually agreed upon by the Parties, to perform regular Quality Assurance I Quality Improvement review in accordance with NAED standards. SECTION 5 - REQUIRED REPORTS AND ANCILLARY SERVICES 5.1. ACFD shall submit monthly reports to CITY on the following: Total number of medical calls Total number ofdispatched utilizing EMD/ProQA system Total number not dispatched utilizing the EMD/ProQA system Determination Drift Report (see Appendix B) Communication Center Protocol Compliance Report (see Appendix C) QI Summary Report (see Appendix D) Number of dropped calls by jurisdiction by time elapsed before the call was dropped Number of calls placed on hold, including the amount of time the caller was kept on hold Number of calls sent to an incorrect address by jurisdiction, including calls resulting in a late in response time for the County contracted

35 private provider and the cause for the incorrect infonnation, if known ACFD shall inform the CITY of any and all substantial complaints regarding the provision of services under this agreement by ACFD at ACRECC through submission of an Unusual Occurrence Report. 5.3 ACFD shall reasonably accommodate requests for service from the community. Requests for service which are not included within the scope of this Agreement shall be provided by ACRECC subject to mutual agreement by Fire Chiefand City Manager. SECTION 6 - FACILITY LOCATIONI PERSONNEL REQUIREMENTS 6.1 The ACRECC dispatch center is located within the Lawrence Livermore National Laboratory and may be relocated as approved by the ACFD after consultation with the ACRECC Advisory Board. 6.2 ACFD shall ensure all Emergency Medical Dispatchers maintain continuous certification in Advanced Emergency Medical Dispatch by the NAED. 6.3 ACFD shall ensure all Emergency Medical Dispatchers provide medical dispatch services utilizing the MPDS. 6.4 ACFD shall provide Emergency Medical Dispatchers training in the use of ProQA dispatch software. 6.5 All individuals employed at ACRECC are employees of ACFD. CITY shall not be liable for the payment of any salary, wages, benefits or other compensation to ACFD's personnel performing services hereunder. AFCD shall be responsible for wages, worker's compensation and other benefits. ACFD currently has 30.5 employees working for ACRECC: 1 dispatch manager, 4 shift supervisors, 22 dispatchers, 1 systems administrator, 1 administrative clerk (.50 FTE), 1 quality assurance manager, and 1GIS specialist. In the absence of dispatch supervisors, qualified and trained personnel, meeting all requirements of this Agreement, working "out-of-class" (acting) will be used. SECTION 7 - ADMINISTRATION 7.1 Liaison from ACFD to CITY Changes to this Agreement shall be made by mutual written agreement of both parties The Fire Chief and City Manager are authorized representatives of ACFD and City respectively for purposes of administration of this Agreement The Fire Chief, or designee, and City Manager, or designee, shall meet as needed to discuss issues pertaining to:

36 7.2 Records Budget Operational issues, including changes to service delivery Technical issues related to infonnation technology and system components; and Dispatch operational issues related to field unit reporting and system status management ACFD shall provide to CITY all financial and other records reasonably requested by the City Manager or designee related to this Agreement and operation of the ACRECC by ACFD It is understood by CITY and ACFD that the County will continue the current practice of a yearly independent audit of ACFD's financial performance. However, in the event that the County does not complete the yearly independent audit, ACFD shall secure such services by a different entity acceptable to the City Manager or designee. ACFD shall ensure that the County of Alameda, or other entity, provide such audit reports to the City Manager within thirty (30) calendar days of publication. 7.3 Cooperation with Other Contracted EMS Dispatch Centers SECTION 8 - ACRECC ADVISORY BOARD AND OTHER REQUIRED COMMITTEES 8.1 The puij>ose of the ACRECC Advisory Board shall be to: Develop and/or review of the ACRECC Strategic Plan and Annual Plan and Budget to include expenses, capital replacement and reserve designations Identify opportunities for improvement of services based on best practices Establish and adhere to the Advisory Board By-Laws (see Appendix A) Participate in the development review and adoption of the ACRECC budget Notwithstanding any other provision in this agreement, the ACRECC Advisory Board is not a separate legal entity, and its sole purpose is to advise ACFD in connection with the ACRECC.

37 The guidelines for the operation of ACRECC are attached hereto as Appendix?? and become a part ofthis agreement and as amended from time to time. 8.2 CITY shall be entitled to one representative on the ACRECC Advisory Board. 8.3 ACFD shall utilize quality improvement structures as described in the MPDS Steering Committee: The City Manager or designee shall attend the Steering Committee The Steering Committee must meet at least twice yearly QI team - Internal QI review between EMD manager and EMD-Q's Dispatch Review Committee - CITY compliance and quality managers from all dispatch centers shall meet every other month to discuss personnel inter-rater reliability and other issues as appropriate Other committees as appropriate. SECTION 9 - BREACH OF CONTRACT 9.1 Material Breach by ACFD Acts or omissions that shall constitute a material breach by ACFD include: Failure to maintain continuous NAED Accreditation. (see ) Failure to meet contract compliance regarding employee certifications Willful failure of ACFD to provide material services under this Agreement in substantial compliance with the requirements of the applicable Federal and State, laws, rules, and regulations shall constitute a material breach by ACFD. Minor infractions of such requirements shall not constitute a material breach Willful falsification of data supplied to CITY during the course of operations, including but not limited to dispatch data. patient report data, response time data. financial data, or falsification of any other data required under agreement; however. negligent or unintentional supplying of any data shall not be grounds for tenninating this agreement Willful failure to maintain equipment in accordance with the requirements of this Agreement; however. negligent or unintentional

38 9.2 Notice and Cure of Material Breach maintenance of equipment shall not be grounds for terminating this Agreement CITY shall give ACFD written notice t return receipt requested t setting forth with reasonable specificity the nature of a material breach ACFD shall have the right to cure the material breach within ten (to) calendar days of receipt of notice. Within five (5) calendar days of receipt of a material breach notice, ACFD shall deliver to CITY, in writing, a plan of action to cure the material breach or its reasons for disputing CITY's claim of a material breach If the material breach, by its nature, cannot reasonably be cured within ten (10) calendar days, ACFD may request additional days to complete the cure of the breach. Such a request by ACFD shall not be unreasonably denied by CITY. 9.3 CITY Remedies CITY shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) calendar days or additional time granted by CITY CITY's remedies for any breach are non-cumulative and in addition to any other remedy available to CITY under this Agreement. 9.4 Material Breach by CITY and ACFD Remedies Acts or omissions that shall constitute a material breach by CITY include the failure to make timely payment of undisputed amounts under the terms of this Agreement or to violate any other material provision in this Agreement ACFD shall have the right to terminate this Agreement in addition to any other legal remedy in the event of a material breach that is not cured within ten (10) calendar days or additional time granted by ACFD ACFD's remedies for any breach are non-cumulative and in addition to any other remedy available to ACFD under this Agreement. SECTION to-administrative PROVISIONS 10.1 Continuous Service Delivery ACFD agrees that there is a public health and safety obligation to assist CITY in every effort to ensure uninterrupted and continuous service delivery in the event of a material breach, even if ACFD disagrees with the alleged determination of material breach.

39 10.2 Dispute Resolution In the event that either party disputes any provision of this agreement pertaining to penalties greater than or equal to $25,000 or breach of contract, the parties shall meet and to attempt to resolve the dispute. Disputes not resolved at the City Manager and Fire Chief (or hislher designee) level may be escalated by giving written notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible Within ten (l0) calendar days from the date of notice, the parties shah mutually select one person who shall mediate the dispute. The parties should select a qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen (14) calendar days, the parties shall each designate one person as a mediator within twenty (20) calendar days following notice These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject of the dispute) within twenty (20) calendar days of the notice. The one selected mediator shall mediate the dispute. The mediation shall be completed within thirty (30) calendar days of the appointment of the mediator. The mediation shall be conducted in accordance with the discretion of the mediator. However, if the mediator is unable to resolve the dispute within thirty (30) calendar days, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (l0) calendar days thereafter The written recommendations by the mediator shall be taken seriously by the parties within forty-five (45) calendar days of receipt of the written recommendations from the mediator, the governing bodies shall give the respective parties input for resolution of the dispute. After input from the governing bodies, the parties may continue to negotiate a resolution of the dispute. The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either party by the mediator for good cause shown Termination If mutual consent is deemed not possible by either party, this Agreement may be terminated early by twelve months advance written notice to the ACFD from the CITY Termination for Cause If either party fails to cure any material breach, following notice and opportunity to cure, either party, upon written notice to the other, may terminate this Agreement for cause. The termination shall be effective not less than 90 days from the date of the notice or such longer time as determined by the CITY.

40 10.7 Non-Allocation of Funds- The terms of this Agreement and the services to be provided and paid for under this Agreement, are contingent upon the appropriation of funds by the governing bodies ofthe respective parties in each fiscal year SECTION 11- COST OF SERVICES ACRECC Operating Budget. For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit a budget for the succeeding one or two fiscal years to the City Manager in accordance with the City's budget instructions and required deadlines Monitor Indirect Charges. ACFD will evaluate the appropriateness of the County's indirect charges and, where necessary, consult, on behalf of all entities contracting with ACFD/ACRECC, with the County regarding indirect charges Capital Requirements. The Fire Chief will also recommend any capital needs or modification to services, which the City provides to directly support the provision of ACFD contractual services under this Agreement. These recommendations shall be submitted along with the proposed ACRECC Dispatch Budget City Adoption of Budget. The ACRECC budget, as modified by the City Manager as necessary, shall be included in the City Manager's proposed Budget and Capital Improvement Program. The ACRECC budget shall be reviewed, modified (if necessary) and approved by the City Council at the same time and place as the City's Budget Management of Budget. In accordance with the expenditures authorized by the ACRECC budget, the Fire Chief shall be responsible for managing the ACRECC budget to keep dispatch expenditures within the amount budgeted. Ifduring the year, the Fire Chief believes that the approved ACRECCC budget is insufficient in any respect to insure the provision of service at the service levels required by this Agreement, he shall immediately inform the City Manager/designee in writing specifying the budgetary deficiency. An annual budget shall be presented by the Fire Chief to the City Manager not later than March 31 and shall be adopted no later than June 1 ofeach year. At the discretion of the Fire Chief a multi-year budget may be adopted. thereby eliminating the requirements of annual presentation and adoption during the term ofsuch multi-year budget.

41 The Fire Chief shall be responsible for the strict accountability of all funds and reports of all receipts and disbursements. It will comply with all provisions of law relating to the subject, particularly section 6505 of the California Government Code. All of the funds shall be strictly accounted for. The Fire Chief or his designee shall receive and disburse funds only in accordance with the procedures established by the County of Alameda and in conformity with applicable law. The Fire Chief or his designee shall have the authority to expend funds which have been approved in the budget. The Fire Chief shall have the authority to levy a cash assessment upon a determination that it is necessary to meet the ACRECC obligations. All cash assessments shall be determined and payable in accordance with the "Payment of Services" section. Cost Allocation: The basis of the Center's financial responsibility shall be shared and shall be proportionate to the number of dispatch events annually based on the previous year period. For the purposes ofcalculating dispatch events the period of calculation will be from January 1 to December 31 of the previous year. The Consortium members will provide sufficient funds to cover their proportionate share in advance to reimburse ACF for start-up costs and all other costs incurred in performance of the work described in this Agreement. and ACFD will have no obligation to perform in the absence of adequate advance funds. ACF will initially invoice the Advisory Board members an amount sufficient to permit the work to proceed for at least ninety (90) days and thereafter invoice the Advisory Board members monthly so as to maintain approximately a 90-day period that is funded in advance. Payment wi1l be made directly to the ACF. Upon termination or completion. any excess funds will be refunded by ACF to the Advisory Board members. The total costs allocated to the jurisdictions utilizing the cost per call methodology will be the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and Paramedics Plus for services provided on their behalf. This assumed revenue will be in accordance with the Alameda County EMS and Paramedics Plus established contract for service amounts. SECTION 12 - PAYMENT FOR SERVICES City Payment. The City shall pay ACFD the actual cost incurred by ACFD for providing any and all services to be provided to the City under this Agreement. which may be more or less than the amount included within the budget Monthly Expenditure Report. No later than 15 days following the end of each month. ACFD shall deliver to the City a report setting forth the actual expenditures during the preceding month and the percentage of the budget, which such expenditures represent.

42 12.3. Method ofbilling and Payment. City will pay ACFD the undisputed amounts of the invoice within 30 days of receipt of the monthly invoice. SECTION 13 - INDEMNIFICATION Mutual Indemnification. Except as otherwise specifically provided in this Agreement or any attachment hereto, ACFD, shall defend, indemnify, and hold hannless the City, its elected and appointed officials, officers, and employees free and hannless from any and all claims for damage or injury to persons or property whatsoever kind or nature, including consequential damages, based or asserted upon any act or omission ofor purported act ofomission of ACFD, their elected or appointed officials, officers or employees in connection with or arising out of the performance by ACFD and its elected or appointed officials, officers and employees ofthis Agreement and with regard to any alleged illegality or unconstitutionality. Except as otherwise specifically provided in this Agreement or any attachment hereto, the City shall defend, indemnify, and hold harmless the ACFD, their elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind of nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of City, its elected or appointed officials, officers or employees in connection with or arising out of the performance by City and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality of a City ordinance Mutual Indemnification Obligations Survive Tennination. The obligations created by Section 8 shall survive the expiration or tennination of this Agreement as to activities occurring or being carried out during the term of this Agreement in the performance ofthis Agreement. SECTION 14 - INSURANCE General and Auto Liability. ACFD shall maintain general and auto liability insurance, including bodily injury and property damage, with a single combined liability limit of not less than $10 million insuring all liability of County, including ACFD and its authorized representatives arising out of and in connection with the provision of service by ACFD under this Agreement, including the use anellor occupancy of City owned equipment, apparatus, real property and premises.