Resolution No. 2016-005RESOLUTION NO. 2016-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE
AGREEMENT BY AND BETWEEN THE CITIES OF BURBANK,
GLENDALE, PASADENA AND THE CITY OF VERNON
WHEREAS, the City of Vernon ("City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, pursuant to California Government Code Section 6500
et seq., the City is authorized to enter into an agreement with one or
more other public agencies to jointly exercise any power common to the
contracting parties; and
WHEREAS, the Verdugo Fire Communications Center ("Verdugo
Center") located in the City of Glendale has provided emergency fire
equipment dispatch services to various cities; and
WHEREAS, the cities of Burbank, Glendale, Pasadena and
Vernon (collectively, the "Verdugo Cities") desire to enter into a
Verdugo Fire Communications Dispatch Service Agreement (the
"Agreement") to provide dispatching services of emergency fire and
medical response; and
WHEREAS, the City Council of the City of Vernon desires to
approve the Agreement between the Verdugo Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
finds and declares that the actions authorized hereby constitute a
valid exercise of the powers of the City under the laws of the State
of California and under the Charter of the City of Vernon.
SECTION 3: The City Council of the City of Vernon hereby
approves the Verdugo Fire Communications Dispatch Service Agreement
(the "Agreement") by and between the Cities of Burbank, Glendale,
Pasadena and the City of Vernon, in substantially the same form as the
copy which is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
to, any non -substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or the Deputy City Clerk, to send one executed
Agreement to the City of Glendale.
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SECTION 7: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 2nd day of February, 2016.
W. Michael McCormick
Name:
Title: Mayor ,�=agar--PEE—Ted
ATTEST:
Ma is E. yala
City Clerk / Deplity ri ttT ri ors'
APPROVED AS TO FORM:
�( r
Zay a o ssa, Deputy City Attorney
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E . Ayala, City Clerk f the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2016-05, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, February 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this S'rd day 2016, at Vernon, California.
(SEAL)
- 4 -
Ma is E. ala
City Clerk /
EXHIBIT A
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF VERNON
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the "VERDUGO CITIES")
and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of
Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and
medical response starting in July 2016;
Whereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous
of becoming part of Area C instead, and by entering into this Agreement is aware that it may be
called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System
and other jurisdictions as designated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10-digit emergency and direct connect (formerly called ring -down, or "P"
line) calls on numbers/circuits provided and funded by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre -arrival and life-saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Department of Health Services, and Verdugo's Medical Director.;
Page I of 13
VERDUGO and VERNON AGREEMENT
6. Enter incident information into the computer aided dispatch system (CAD),
including verified incident address/location, specific location information,
informant's location, informant's telephone number, source code for call, basic
EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document incident and pertinent non -incident information;
9. Review CAD recommended quantity and type of equipment, alert fire stations by
electronic transmission, data and hard copy printout over mobile data system,
transmitting tones over voice system, and broadcasting vocal dispatch on
designated frequency(s);
10. Respond to routine and emergency voice communications.
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Maintain ROSS/CICCS databases;
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty resources;
21. Provide staff notification by alarm level and/or incident type via wireless device;
22. Notify and coordinate with other city departments and outside agencies as required;
23. Provide recording and retention of radio and telephone transmissions consistent
with California law;
24. Provide an annual report of operations; and
25. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Notwithstanding anything herein to the contrary, the obligations of
CONTRACTING CITY to consummate the transactions described herein are
subject to the fulfillment, on or prior to July 1, 2016, of the following conditions
precedent unless waived in writing by the VERDUGO CITIES:
(a) CONTRACTING CITY takes formal action through its City Council to
cease dispatch contracting services with the City of Downey or any other agency;
(b) CONTRACTING CITY notifies the City of Downey of its intention to
separate from Fire Mutual Aid area E;
(c) CONTRACTING CITY establishes a radio roaming service on the
Interagency Communications Interoperability System (ICI System).
(d) CONTRACTING CITY engages, facilitates and cooperates in the
installation of any and all necessary equipment, hardware and software which
interface with the VERDUGO SYSTEM.
Page 2 of 13
VERDUGO and VERNON AGREEMENT
2. Provide equipment, hardware and software which interface with the VERDUGO
SYSTEM (unless otherwise agreed to by all Parties), which include but are not
limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and transmit voice
and data signals with features consistent with the VERDUGO SYSTEM;
(c) Reliable voice mobile and portable radios and data radios and terminals for all
personnel and fire apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
(d) Establish and maintain a system access/service agreement with the Interagency
Communications Interoperability System (ICI System) and/or Host ICI System
Agency as appropriate/needed.
(e) Voice and/or alpha -numeric pagers or other wireless devices capable of
functioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD,
including street location data, city maps and other landmark/common place
addresses, high value or brush areas, freeway information, and target hazards;
3. Provide listing of all apparatus, including radio designations, cross -staffed manned
units and special response vehicles;
4. Provide Fire Department personnel list including titles, radio call signs, office and
home phone numbers, pager and cellular telephone numbers;
5. Provide a list of key City personnel and telephone directory;
6. Provide a list of receiving hospitals and access method for paramedics;
7. Provide copies of mutual aid, automatic aid, initial action or other inter -agency
agreements;
8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
9. Provide copies of FCC licenses, if applicable;
10. Comply with VERDUGO SYSTEM policies and procedures;
11. Use VERDUGO SYSTEM incident type codes, priorities and categories;
12. Review and understand Emergency Medical Dispatcher Program currently in use;
and
13. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
II. EQUIPMENT
1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided herein, CONTRACTING CITY shall be responsible
for all costs relating to the purchase and installation of all such equipment. In addition to
the equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
Page 3 of 13
VERDUGO and VERNON AGREEMENT
installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies.
2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The
Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure
Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in
Attachment A attached hereto and incorporated herein by reference. CONTRACTING
CITY agrees that the Equipment and Services described in Attachment A are a quote of
the anticipated equipment and services necessary to establish connectivity and the final
cost for both may be higher than what is set forth in Attachment A. CONTRACTING
CITY agrees to reimburse VERDUGO CITIES for all costs necessary for the establishment
of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific
terms of the reimbursement will be made pursuant to a promissory note signed by the City
of Glendale and CONTRACTING CITY, and will be subsequently billed to the
CONTRACTING CITY pursuant to the terms of the note.
3. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the current
level of service. The VERDUGO CITIES will provide a minimum 90 day written notice
to CONTRACTING CITY of any anticipated purchase, where the costs of purchase and/or
maintenance of equipment that is the responsibility of the CONTRACTING CITY under
section II.B. above are to be borne by the CONTRACTING CITY.
III. TERM
This Agreement shall become effective on February 1, 2016, ("EFFECTIVE DATE") and
remain in effect until June 30, 2019, or until terminated in accordance with the termination
provisions herein, whichever occurs earlier. For consideration received, this Agreement
will renew automatically for two terms of three years each, unless 180 days prior to
termination of the term, one party provides written notice of intent not to renew to the other
parry.
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the number of calls dispatched. Number of calls
dispatched shall include incidents that occur within CONTRACTING CITY's
jurisdiction plus any additional responses to jurisdictions outside the Verdugo
System that arise from aid agreements
1. During the first year of the agreement, the charge per incident ($66.59) dispatched
will be multiplied by the annualized total incidents (the first six (6) month's
incidents multiplied by two (2)).
Page 4 of 13
VERDUGO and VERNON AGREEMENT
(a) At the end of the fiscal year, a true -up will be conducted to identify if the Per
Incident Cost billed is higher or lower than the actual cost. If the actual number
of incidents is found to be lower than the annualized incidents, the appropriate
credit will be applied in the following fiscal year. If the actual amount of
incidents is higher than the annualized amount previously billed, the next fiscal
year's bill will not be adjusted.
2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per
incident dispatched multiplied by the actual number of calls dispatched during the
preceding fiscal year.
3. Beginning July 1, 2017, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount up to, but not to exceed, 5%
per incident.
4. Beginning July 1, 2018, and during any renewal period, the annual cost shall be the
appropriate charge per incident dispatched multiplied by the actual number of calls
dispatched during the preceding calendar year.
B. The cost per call for CONTRACTING CITY shall not exceed these amounts in any
single year, unless the overall cost for the VERDUGO SYSTEM is substantially
increased by unplanned events, including, but not limited to atypical increases in
personnel costs, catastrophic hardware system failures or natural disasters. In the
event of a substantial increase in the cost as described herein, CONTRACTING
CITY's portion of the increase shall be determined by calculating the
CONTRACTING CITY's pro rata share of the overall number of dispatched calls
in the preceding calendar year. Prior to seeking the increased costs from the
CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set
aside for the replacement of the equipment and funds recovered from any insurance
settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non -reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions,
or to require the VERDUGO SYSTEM to modify, alter, add to, remove or
transform any of its existing equipment, system or facilities to implement any of
the provisions of this Agreement. It is the intent of this Agreement, and the Parties
acknowledge and agree, that any such changes, modifications or alterations shall
be at the sole cost of the CONTRACTING CITY.
1. It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY
that the payment for such changes, modifications or alterations will be initially paid
for by the VERDGUO COMMUNICATIONS CENTER, and will be billed to the
CONTRACTING CITY in four (4) equal payments over the first two (2) years upon
implementation of this agreement.
Page 5of13
VERDUGO and VERNON AGREEMENT
D. Billing. For services rendered, inclusive of items identified in section V.A-C, for
any full fiscal year, CONTRACTING CITY shall be billed by written invoice every
July and January of each fiscal year for the services provided in this Agreement on
a semiannual basis, in advance. All invoices shall be payable within thirty (30)
days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. CONTRACTING CITY shall be responsible for
establishing and maintaining an agreement with Interagency Communications
Interoperability System (ICIS) and/or the Host ICIS Agency for the use of the radio
system. CONTRACTING CITY shall arrange and pay for any and all
programming of radios.
B. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all maintenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the ICI System to ensure reliability of the radio system.
C. Disclaimer. In the event an agreement with ICI System and/or the Host ICI System
Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for
loss or reliability of the dispatch services provided herein.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenance performed on the equipment and each shall be solely responsible for
all claims, liability, loss, suits, damages, costs, and expenses (including attorneys'
fees and costs of litigation) and personal injuries (including death at any time)
resulting directly or indirectly from, or arising out of, its own operation and use of,
and its own repairs and maintenance performed on the equipment and accessories.
Each Party shall bear the full legal and financial responsibility for its own conduct,
actions and omissions carried out in the performance of that Party's obligations and
responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out of
Page 6 of 13
VERDUGO and VERNON AGREEMENT
the making of any calls, initiating any contact, or other actions or omissions relating
to Area, Regional and/or specific agency mutual aid and/or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree
that whenever such mutual aid and/or automatic aid is contacted or otherwise
summoned by the VERDUGO CITIES, such contact is made as a courtesy in order
to facilitate the implementation of such mutual aid and/or automatic aid and is not
intended to create any liability on the part of the VERDUGO CITIES or any public
service provider which provides such mutual aid or automatic aid. All liability for
salaries, wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
Page 7 of 13
VERDUGO and VERNON AGREEMENT
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not
for the benefit of any other party. CONTRACTING CITY shall not assign any
right or interest in this Agreement, and shall not delegate any duty owed, without
VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall constitute
a material breach upon which VERDUGO CITIES may immediately terminate or
suspend this Agreement. In the event the VERDUGO CITIES consent to an
assignment or delegation, the assignee, delegatee, or its legal representative shall
agree in writing to personally assume, perform, and be bound by this Agreement's
covenants, conditions, obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
I. Time is of the Essence. Whenever a task is to be performed by VERDUGO
CITIES or CONTRACTING CITY herein, same shall be performed consistent with
any time constraints set forth hereunder including exhibits, time being considered
of the essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
K. Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, return receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a parry at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of address,
they shall immediately notify the other Parties in writing of such change, provided,
however, that each address for notice must include a street address and not merely
a post office box. All notices, demands or requests shall be given to following
addresses:
Page 8 of 13
VERDUGO and VERNON AGREEMENT
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818-238-3473
Fax. No. 818-238-3483
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
215 N. Marengo Avenue, # 195
Pasadena, CA 91101
Tel. No. 626-744-4675
Fax. No. 818-585-9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 9 of 13
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date:
ATTEST:
By:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM THIS
Hema Patel, City Attorney
CITY OF BURBANK
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
LI-A
City Administrator
(SEAL)
day of , 201
LIZZ
City Manager
(SEAL)
day of , 201
Page 10 of 13
VERDUGO and VERNON AGREEMENT
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
CITY OF PASADENA
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
City Manager
(SEAL)
day of , 201 _.
City Manager
(SEAL)
day of , 201_.
Page 11 of 13
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 12 of 13
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
$ 159,174.94
1
$ 159,175
$
159,175
Motorola Flash Trunking 9600 Baud
$ 100.00
10
$ 1,000
$
1,000
Antenna - 800 MHz Omni:
$ 100.00
4
$ 400
$
.400
Antenna Cable Installations
$ 2,000.00
4
$ 8,000
$
8,000
Antenna - 460-490 MHz Omni:
$ 150.00
8
$ 1,200
$
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDC)
Est. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
$ 380.00
13
$ 4,940
$
4,940
Mobile Mapping& AVL Software License:
$ 500.00
13
$ 6,500
$
6,500
Est. Cost
7-Digit Emergency Lines (RCF/CNF) x1 lines:
$ 140.00
2 $
280
$
280
PD Ring -Down (Direct -Connects) Lines:
$ 154.00
1 $
154
$
154
Other than 9-1-11nstallation/Labor:
$ 1,000.00
1 $
1,000
$
1,000
GIS Work / GeoFile Conversion: $ 10 000.00 1 $ 10,000 $ 10,000
Subtotal: $ 10,000
Infrastructure Totals: $ 192,649
Grand Totals: $ 192;649
Page 13 of 13
VERDUGO and VERNON AGREEMENT
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 17, 2016
TO: Michael Wilson, Fire Chief
FROM: Deborah Juarez, Records Management Assistant t'
RE: Resolution No. 2016-05 — A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Verdugo Fire Communications
Dispatch Service Agreement by and between the Cities of Burbank, Glendale,
Pasadena, and the City of Vernon
Please find attached for your transmittal four partially executed original agreements and two
partially executed promissory notes, approved by City Council on February 2, 2016.
Upon execution, please ensure that a fully executed original agreement and promissory note are
returned to this office.
Thank you.
Attachments
c: Agreement 16-009
PARTIALLY EXECUTED
AGREEMENT & PROMISSORY NOTE
CONTRACT/AMENDMENT SIGNATURE ROUTING FORM
CONTRACTOR: Cities of Burbank, Glendale and Pasadena ("Verdugo Cities")
CONTRACT PURPOSE: Verdugo Fire Communications Dispatch Service Agreement between Verdugo Cities and the
City of Vernon and Promissory Note between the City of Glendale and the City of Vernon
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
® EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
ER SERVICES ❑ MATERIALS K BUDGETED ❑ NOT BUDGETED
TOTAL CONTRACT VALUE: $192,649.00 Charge Acct. No(s) 011.1036.596200
Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Michael A. Wilson PHONE: ext. 287
AUTHORIZATION: ® Approved by Council on 2/2 /16
(Check One) Resolution No. 2016-05 (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of�Ob/,6
contract, insurance & bond documents, certifies compliance
with Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required r
(3) Finance (Purchasing) I
Checks compliance with Competitive Bidding & Living Wage Ordinances I
and reflected in current budget
(4) City Attorney
Approves contract as to form, verifies bonds and insurance included
(5) City Signatory
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance and bonds, and
transmits duplicate original to contractor, notifies IT to remove related RFP/bid
notice, notifies any "consultant" of duties to file Form 700, if applicable
Rev. 1/27/14
PARTIALLY EXECUTED
AGREEMENT & PROMISSORY NOTE
Dispatch Service Agreement
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF VERNON
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the "VERDUGO CITIES")
and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of
Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and
medical response starting in July 2016;
Whereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous
of becoming part of Area C instead, and by entering into this Agreement is aware that it may be
called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System
and other jurisdictions as designated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10-digit emergency and direct connect (formerly called ring -down, or "P"
line) calls on numbers/circuits provided and funded by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre -arrival and life-saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Department of Health Services, and Verdugo's Medical Director.;
Page 1 of 13
VERPUGO mW VI -ANON AG MEEMENT
6. Enter incident information into the computer aided dispatch system (CAD),
including verified incident address/location, specific location information,
informant's location, informant's telephone number, source code for call, basic
EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document incident and pertinent non -incident information;
9. Review CAD recommended quantity and type of equipment, alert fire stations by
electronic transmission, data and hard copy printout over mobile data system,
transmitting tones over voice system, and broadcasting vocal dispatch on
designated frequency(s);
10. Respond to routine and emergency voice communications.
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Maintain BOSS/CICCS databases;
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty resources;
21. Provide staff notification by alarm level and/or incident type via wireless device;
22. Notify and coordinate with other city departments and outside agencies as required;
23. Provide recording and retention of radio and telephone transmissions consistent
with California law;
24. Provide an annual report of operations; and
25. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Notwithstanding anything herein to the contrary, the obligations of
CONTRACTING CITY to consummate the transactions described herein are
subject to the fulfillment, on or prior to July 1, 2016, of the following conditions
precedent unless waived in writing by the VERDUGO CITIES:
(a) CONTRACTING CITY takes formal action through its City Council to
cease dispatch contracting services with the City of Downey or any other agency;
(b) CONTRACTING CITY notifies the City of Downey of its intention to
separate from Fire Mutual Aid area E;
(c) CONTRACTING CITY establishes a radio roaming service on the
Interagency Communications Interoperability System (ICI System).
(d) CONTRACTING CITY engages, facilitates and cooperates in the
installation of any and all necessary equipment, hardware and software which
interface with the VERDUGO SYSTEM.
Page 2 of 13
VERDUGOarW VERNON AGREEMENT
2. Provide equipment, hardware and software which interface with the VERDUGO
SYSTEM (unless otherwise agreed to by all Parties), which include but are not
limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and transmit voice
and data signals with features consistent with the VERDUGO SYSTEM;
(c) Reliable voice mobile and portable radios and data radios and terminals for all
personnel and fire apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
(d) Establish and maintain a system access/service agreement with the Interagency
Communications Interoperability System (ICI System) and/or Host ICI System
Agency as appropriate/needed.
(e) Voice and/or alpha -numeric pagers or other wireless devices capable of
functioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD,
including street location data, city maps and other landmark/common place
addresses, high value or brush areas, freeway information, and target hazards;
3. Provide listing of all apparatus, including radio designations, cross -staffed manned
units and special response vehicles;
4. Provide Fire Department personnel list including titles, radio call signs, office and
home phone numbers, pager and cellular telephone numbers;
S. Provide a list of key City personnel and telephone directory;
6. Provide a list of receiving hospitals and access method for paramedics;
7. Provide copies of mutual aid, automatic aid, initial action or other inter -agency
agreements;
8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
9. Provide copies of FCC licenses, if applicable;
10. Comply with VERDUGO SYSTEM policies and procedures;
11. Use VERDUGO SYSTEM incident type codes, priorities and categories;
12. Review and understand Emergency Medical Dispatcher Program currently in use;
and
13. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
II. EQUIPMENT
1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided herein, CONTRACTING CITY shall be responsible
for all costs relating to the purchase and installation of all such equipment. In addition to
the equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
Page 3 of 13
VERD000ad1 VERNON AGREEMENT
installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies.
2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The
Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure
Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in
Attachment A attached hereto and incorporated herein by reference. CONTRACTING
CITY agrees that the Equipment and Services described in Attachment A are a quote of
the anticipated equipment and services necessary to establish connectivity and the final
cost for both may be higher than what is set forth in Attachment A. CONTRACTING
CITY agrees to reimburse VERDUGO CITIES for all costs necessary for the establishment
of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific
terms of the reimbursement will be made pursuant to a promissory note signed by the City
of Glendale and CONTRACTING CITY, and will be subsequently billed to the
CONTRACTING CITY pursuant to the terms of the note.
3. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the current
level of service. The VERDUGO CITIES will provide a minimum 90 day written notice
to CONTRACTING CITY of any anticipated purchase, where the costs of purchase and/or
maintenance of equipment that is the responsibility of the CONTRACTING CITY under
section U.B. above are to be borne by the CONTRACTING CITY.
III. TERM
This Agreement shall become effective on February 1, 2016, ("EFFECTIVE DATE") and
remain in effect until June 30, 2019, or until terminated in accordance with the termination
provisions herein, whichever occurs earlier. For consideration received, this Agreement
will renew automatically for two terms of three years each, unless 180 days prior to
termination of the term, one party provides written notice of intent not to renew to the other
Pay
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the number of calls dispatched. Number of calls
dispatched shall include incidents that occur within CONTRACTING CTTY's
jurisdiction plus any additional responses to jurisdictions outside the Verdugo
System that arise from aid agreements
1. During the first year of the agreement, the charge per incident ($66.59) dispatched
will be multiplied by the annualized total incidents (the first six (6) month's
incidents multiplied by two (2)).
Page 4 of 13
VHRDUGO and VERNON AGREEMENT
(a) At the end of the fiscal year, a true -up will be conducted to identify if the Per
Incident Cost billed is higher or lower than the actual cost. If the actual number
of incidents is found to be lower than the annualized incidents, the appropriate
credit will be applied in the following fiscal year. If the actual amount of
incidents is higher than the annualized amount previously billed, the next fiscal
year's bill will not be adjusted.
2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per
incident dispatched multiplied by the actual number of calls dispatched during the
preceding fiscal year.
3. Beginning July 1, 2017, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount up to, but not to exceed, 5%
per incident.
4. Beginning July 1, 2018, and during any renewal period, the annual cost shall be the
appropriate charge per incident dispatched multiplied by the actual number of calls
dispatched during the preceding calendar year.
B. The cost per call for CONTRACTING CITY shall not exceed these amounts in any
single year, unless the overall cost for the VERDUGO SYSTEM is substantially
increased by unplanned events, including, but not limited to atypical increases in
personnel costs, catastrophic hardware system failures or natural disasters. In the
event of a substantial increase in the cost as described herein, CONTRACTING
CITY's portion of the increase shall be determined by calculating the
CONTRACTING CITY's pro rata share of the overall number of dispatched calls
in the preceding calendar year. Prior to seeking the increased costs from the
CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set
aside for the replacement of the equipment and funds recovered from any insurance
settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non -reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions,
or to require the VERDUGO SYSTEM to modify, alter, add to, remove or
transform any of its existing equipment, system or facilities to implement any of
the provisions of this Agreement. It is the intent of this Agreement, and the Parties
acknowledge and agree, that any such changes, modifications or alterations shall
be at the sole cost of the CONTRACTING CITY.
1. It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY
that the payment for such changes, modifications or alterations will be initially paid
for by the VERDGUO COMMUNICATIONS CENTER, and will be billed to the
CONTRACTING CITY in four (4) equal payments over the first two (2) years upon
implementation of this agreement.
Page 5 of 13
VERDUO0 and VERNON AOREEMENT
D. Billing. For services rendered, inclusive of items identified in section V.A-C, for
any full fiscal year, CONTRACTING CITY shall be billed by written invoice every
July and January of each fiscal year for the services provided in this Agreement on
a semiannual basis, in advance. All invoices shall be payable within thirty (30)
days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. CONTRACTING CITY shall be responsible for
establishing and maintaining an agreement with Interagency Communications
Interoperability System (ICIS) and/or the Host ICIS.Agency for the use of the radio
system. CONTRACTING CITY shall arrange and pay for any and all
programming of radios.
B. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all maintenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the ICI System to ensure reliability of the radio system.
C. Disclaimer. In the event an agreement with ICI System and/or the Host ICI System
Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for
loss or reliability of the dispatch services provided herein.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenance performed on the equipment and each shall be solely responsible for
all claims, liability, loss, suits, damages, costs, and expenses (including attorneys'
fees and costs of litigation) and personal injuries (including death at any time)
resulting directly or indirectly from, or arising out of, its own operation and use of,
and its own repairs and maintenance performed on the equipment and accessories.
Each Party shall bear the full legal and financial responsibility for its own conduct,
actions and omissions carried out in the performance of that Party's obligations and
responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out of
Page 6 of 13
VCRD000 and VhRNON AORUUMUNT
the making of any calls, initiating any contact, or other actions or omissions relating
to Area, Regional and/or specific agency mutual aid and/or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree
that whenever such mutual aid and/or automatic aid is contacted or otherwise
summoned by the VERDUGO CITIES, such contact is made as a courtesy in order
to facilitate the implementation of such mutual aid and/or automatic aid and is not
intended to create any liability on the part of the VERDUGO CITIES or any public
service provider which provides such mutual aid or automatic aid. All liability for
salaries, wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
Page 7 of 13
VERDUGO and VERNON AGREEMENT
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not
for the benefit of any other party. CONTRACTING CITY shall not assign any
right or interest in this Agreement, and shall not delegate any duty owed, without
VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall constitute
a material breach upon which VERDUGO CITIES may immediately terminate or
suspend this Agreement. In the event the VERDUGO CITIES consent to an
assignment or delegation, the assignee, delegatee, or its legal representative shall
agree in writing to personally assume, perform, and be bound by this Agreement's
covenants, conditions, obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
I. Time is of the Essence. Whenever a task is to be performed by VERDUGO
CITIES or CONTRACTING CITY herein, same shall be performed consistent with
any time constraints set forth hereunder including exhibits, time being considered
of the essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
K. Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, return receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of address,
they shall immediately notify the other Parties in writing of such change, provided,
however, that each address for notice must include a street address and not merely
a post office box. All notices, demands or requests shall be given to following
addresses:
Page S of 13
VERM00 and VERNON AGREEMENT
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818-238-3473
Fax. No. 818-238-3483
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
215 N. Marengo Avenue, # 195
Pasadena, CA 91101
Tel. No. 626-744-4675
Fax. No. 818-585-9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 9 of 13
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date: C9- /� - /(,
By:
A Rs"onnerim
(SEAL)
ST:
By:
Mar a E. Ayala,&Oity Clerk
APP VE S TO F RM THIS l)444 day of fMwi n.0 , 201 jam.
Hema atel, ' y Wtto ey
CITY OF BURBANK
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
LIM
City Manager
(SEAL)
day of , 201_.
City Administrator
Page 10 of 13
VERDUGO and VERNON AGREEMENT
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
CITY OF PASADENA
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
City Manager
(SEAL)
day of , 201_.
LIM
City Manager
(SEAL)
day of , 201_.
Page 11 of 13
VGRDUG0 and VFAM NV AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 12 of 13
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet): $ 159,174.94
Motorola Flash Trunking 9600 Baud $ 100.00
Antenna - 800 MHz Omni: $ 100.00
Antenna Cable Installations $ 2,000.00
Antenna - 460-490 MHz Omni: $ 150.00
1 $
10 $
4 $
4 $
8 $
159,175
1,000
400
8,000
1,200
$
$
$
$
$
259,175
1,000
400
8,000
1,2M
Subtotal:
$
169,775
MaNte Data Computers (MOC)
Est. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
Mobile Mapping & AVL Software License:
$ 380.00
$ 500.00
13 $
13 $
4,940
61500
$
$
4,940
61500
Subtotal:
$
11440
7-Digit Emergency Lines (RCF/CNF) x1lines:
PD Ring -Down (Direct-Connects)Lines:
Other than 9-1-1 Instal lation/Labor:
$ 140.00
$ 154.00
$ 1,000.00
2 $
1 $
1 $
280
154
1,000
$
$
$
280
154
11000
Subtotal:
$
1,434
GIS Work / GeoFile Conversion:
$ 10,000.00
1 $
10,000
$
10,000
Subtotal:
$
10,000
AgbnW
Responsibility
Inf►asbuctureTotals:
Grand Totals:
$
$
192,649
M60
Page 13 of 13
VERDUM and VERNON AREEMENT
Promissory Note
VERDUGO FIRE COMMUNICATIONS PROMISSORY NOTE
BETWEEN THE CITIES OF GLENDALE AND VERNON
This Promissory Note (hereinafter "Note" or "Agreement") is executed on , 2016,
between the CITY OF GLENDALE ("GLENDALE") a municipal corporation and the CITY OF
VERNON ("VERNON") a municipal corporation, duly organized and existing under the
constitution and the laws of the State of California, (collectively, the "Parties").
RECITALS
Whereas GLENDALE along with the Cities of Burbank and Pasadena, (collectively VERDUGO
CITIES) to minimize the effect of fire and disaster and to provide the basis for effective
mobilization and dispatch of all available firefighting and emergency medical resources, have
agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas VERNON is currently part of a dispatch system with the City of Downey and desires to
contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting
on July 1, 2016;
Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part
of Area C instead;
Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the
best interest of the Parties;
Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an
advance of funds for the purchase of certain equipment and services, in the form of payment to
third parties for such purchase, which VERNON will repay to GLENDALE;
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions
herein contained, the Parties agree as follows:
I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described
in Attachment A, attached hereto and incorporated herein by this reference are necessary
for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON
further agrees that, at this time, it has not allocated the necessary funds to secure the
equipment and services and therefore has agreed that GLENDALE may contract with third
parties for purposes of securing such services for VERNON, and in return VERNON
promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON
further acknowledges and agrees that the equipment and services described in Attachment
A are a quote and the actual value and cost to GLENDALE may be higher than described
Page 1 of 7
VERDUGO and VERNON AGREEMENT
in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended
by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM,
which amounts shall include, but are not limited to the purchase price of equipment and
services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE
may transfer this Agreement, under the same terms agreed to herein.
II. Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection
with this Loan.
III. Payment.
A. Time and Place of Payments. VERNON will pay three payments of $50,000 and
one final payment of any and all outstanding amounts to be calculated after all
payments have been made by Glendale to the third party vendors providing the
services described in Attachment A. GLENDALE will submit an invoice in or
about July and January beginning July 2016. All payments are due within 30 days
of receipt of the invoice from GLENDALE. Payments will be made to:
Payment Address:
City of Glendale, Finance Department
141 N. Glendale, Ave., Room 346
Glendale, CA 91206
ATTN: Armen Harkalyan, Revenue Manager
B. VERNON's Right to Prepay. VERNON reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
IV. VERNON's Failure to Pay as Required.
A. Default. If VERNON does not pay the full amount of each semi-annual payment
on the date it is due, VERNON will be in default.
B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in
the payment of any monies due hereunder; or (2) terminates the provision of fire
services or contracts for such services with another agency.
C. Notice of Default. If VERNON is in default, GLENDALE may send VERNON a
written notice advising VERNON that if payment is not received by a certain date,
GLENDALE may require VERNON to pay immediately the full amount of the loan
which has not been paid. That date must be at least 30 days after the day on which
the notice is mailed to VERNON or delivered by other means.
D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required
VERNON to pay immediately in full as described above, then GLENDALE will
have the right to be paid back by VERNON for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
V. Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage prepaid,
using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post
Office; or when sent via facsimile to a party at the facsimile number set forth below or to
such other or further facsimile number provided in a notice sent under the terms of this
Page 2 of 7
VERDUGO and VERNON AGREEMENT
paragraph, on the date of transmission of that facsimile. Should any of the Parties have a
change of address, they shall immediately notify the other Parties in writing of such change,
provided, however, that each address for notice must include a street address and not
merely a post office box. All notices, demands or requests shall be given to following
addresses:
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
VI. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
Page 3 of 7
VERDUGO ud VERNON AGREEMENT
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
H. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
I. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 4 of 7
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date: 4;2 - /k - / fo
ATTEST:
By:
Maria . Ay a, CoClerk
APP ED O FO THIS
, 14wrk-�
Hem el, orney
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
By:
A.J. Wilson, Interim City Administrator
(SEAL)
day off a - 201�.
City Manager
(SEAL)
day of , 201 _
Page 5 of 7
VERDUGO ad VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 6 of 7
VEROUGO ud VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCLI (Westnet):
Motorola Flash Trunking 9600 Baud
Antenna - 800 MHz Omni:
Antenna Cable Installations
Antenna - 460-490 MHz Omni:
$ 159,174.94
$ 100.00
$ 100.00
$ 2,000.00
$ 150.00
1 $
10 $
4 $
4 $
8 $
159,175
11000
400
81000
1,200
$
$
$
$
$
159,175
1,000
400
8,000
1200,
Subtotal:
$
169,775
Mobile Data Computer (MQQ
Est. Cost $
Quantity
Extension
AgeneV
Responsibility
PCMSS Client License:
Mobile Mapping & AVL Software License:
$ 380.00
$ 500.00
13 $
13 $
4,940
6,S00
$
$
4,940
6,500
Subtotal:
$
11440
Phones
Est. Cost $
Quantity
Extension
Agency
Responsibility
7-Digit Emergency Lines (RCF/CNF) xi lines:
PD Ring -Down (Direct-Connects)Lines:
Otherthan 9-1-1 Installation/Labor:
$ 140.00
$ 154.00
$ 1,000.00
2 $
1 $
1 $
280
154
1,000
$
$
$
280
154
11000
a,
Subtotal:
$
1434
GIS Work / GeoFlle Conversion:
$ 10,000.00
1 $
10,000
$
10,000
Subtotal:
$
10,E
Agency
Responsibility
I�mTotols:
,
Grand Totals:
$
$
192,649
1A649_
Page 7 of 7
VERDUGO ad VERNON AGREEMENT
FULLY EXECUTED DISPATCH
SERVICE AGREEMENT
FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
DATE: August 3, 2016
TO: Debbie Juarez, Records Management
FROM: Adriana Ramos, Administrative Secretary „
RE: Verdugo Fire Communications Dispatch Service Agreement
For your files, enclosed please find one (1) fully executed Verdugo Fire Communications
Dispatch Service Agreement between the Cities of Burbank, Glendale, and Pasadena and the
City of Vernon
Thank you
Enclosures
CITY AGREEMENT 22,593
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF VERNON
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the "VERDUGO CITIES")
and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of
Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and
medical response starting in July 2016;
Whereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous
of becoming part of Area C instead, and by entering into this Agreement is aware that it may be
called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System
and other jurisdictions as designated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10-digit emergency and direct connect (formerly called ring -down, or "P"
line) calls on numbers/circuits provided and funded by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre -arrival and life-saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Department of Health Services, and Verdugo's Medical Director.;
Page 1 of 13
VERDUGO and VERNON AGREEMENT
6. Enter incident information into the computer aided dispatch system (CAD),
including verified incident address/location, specific location information,
informant's location, informant's telephone number, source code for call, basic
EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document incident and pertinent non -incident information;
9. Review CAD recommended quantity and type of equipment, alert fire stations by
electronic transmission, data and hard copy printout over mobile data system,
transmitting tones over voice system, and broadcasting vocal dispatch on
designated frequency(s);
10. Respond to routine and emergency voice communications.
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Maintain ROSS/CICCS databases;
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty resources;
21. Provide staff notification by alarm level and/or incident type via wireless device;
22. Notify and coordinate with other city departments and outside agencies as required;
23. Provide recording and retention of radio and telephone transmissions consistent
with California law;
24. Provide an annual report of operations; and
25. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Notwithstanding anything herein to the contrary, the obligations of
CONTRACTING CITY to consummate the transactions described herein are
subject to the fulfillment, on or prior to July 1, 2016, of the following conditions
precedent unless waived in writing by the VERDUGO CITIES:
(a) CONTRACTING CITY takes formal action through its City Council to
cease dispatch contracting services with the City of Downey or any other agency;
(b) CONTRACTING CITY notifies the City of Downey of its intention to
separate from Fire Mutual Aid area E;
(c) CONTRACTING CITY establishes a radio roaming service on the
Interagency Communications Interoperability System (ICI System).
(d) CONTRACTING CITY engages, facilitates and cooperates in the
installation of any and all necessary equipment, hardware and software which
interface with the VERDUGO SYSTEM.
Page 2 of 13
VERDUGO and VERNON AGREEMENT
2. Provide equipment, hardware and software which interface with the VERDUGO
SYSTEM (unless otherwise agreed to by all Parties), which include but are not
limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and transmit voice
and data signals with features consistent with the VERDUGO SYSTEM;
(c) Reliable voice mobile and portable radios and data radios and terminals for all
personnel and fire apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
(d) Establish and maintain a system access/service agreement with the Interagency
Communications Interoperability System (ICI System) and/or Host ICI System
Agency as appropriate/needed.
(e) Voice and/or alpha -numeric pagers or other wireless devices capable of
functioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD,
including street location data, city maps and other landmark/common place
addresses, high value or brush areas, freeway information, and target hazards;
3. Provide listing of all apparatus, including radio designations, cross -staffed manned
units and special response vehicles;
4. Provide Fire Department personnel list including titles, radio call signs, office and
home phone numbers, pager and cellular telephone numbers;
5. Provide a list of key City personnel and telephone directory;
6. Provide a list of receiving hospitals and access method for paramedics;
7. Provide copies of mutual aid, automatic aid, initial action or other inter -agency
agreements;
8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
9. Provide copies of FCC licenses, if applicable;
10. Comply with VERDUGO SYSTEM policies and procedures;
11. Use VERDUGO SYSTEM incident type codes, priorities and categories;
12. Review and understand Emergency Medical Dispatcher Program currently in use;
and
13. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
II. EQUIPMENT
1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided herein, CONTRACTING CITY shall be responsible
for all costs relating to the purchase and installation of all such equipment. In addition to
the equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
Page 3 of 13
VERDUGO and VERNON AGREEMENT
installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies.
2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The
Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure
Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in
Attachment A attached hereto and incorporated herein by reference. CONTRACTING
CITY agrees that the Equipment and Services described in Attachment A are a quote of
the anticipated equipment and services necessary to establish connectivity and the final
cost for both may be higher than what is set forth in Attachment A. CONTRACTING
CITY agrees to reimburse VERDUGO CITIES for all costs necessary for the establishment
of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific
terms of the reimbursement will be made pursuant to a promissory note signed by the City
of Glendale and CONTRACTING CITY, and will be subsequently billed to the
CONTRACTING CITY pursuant to the terms of the note.
3. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the current
level of service. The VERDUGO CITIES will provide a minimum 90 day written notice
to CONTRACTING CITY of any anticipated purchase, where the costs of purchase and/or
maintenance of equipment that is the responsibility of the CONTRACTING CITY under
section II.B. above are to be borne by the CONTRACTING CITY.
III. TERM
This Agreement shall become effective on February 1, 2016, ("EFFECTIVE DATE") and
remain in effect until June 30, 2019, or until terminated in accordance with the termination
provisions herein, whichever occurs earlier. For consideration received, this Agreement
will renew automatically for two terms of three years each, unless 180 days prior to
termination of the term, one party provides written notice of intent not to renew to the other
party.
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the number of calls dispatched. Number of calls
dispatched shall include incidents that occur within CONTRACTING CITY's
jurisdiction plus any additional responses to jurisdictions outside the Verdugo
System that arise from aid agreements
1. During the first year of the agreement, the charge per incident ($66.59) dispatched
will be multiplied by the annualized total incidents (the first six (6) month's
incidents multiplied by two (2)).
Page 4 of 13
VERDUGO and VERNON AGREEMENT
(a) At the end of the fiscal year, a true -up will be conducted to identify if the Per
Incident Cost billed is higher or lower than the actual cost. If the actual number
of incidents is found to be lower than the annualized incidents, the appropriate
credit will be applied in the following fiscal year. If the actual amount of
incidents is higher than the annualized amount previously billed, the next fiscal
year's bill will not be adjusted.
2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per
incident dispatched multiplied by the actual number of calls dispatched during the
preceding fiscal year.
3. Beginning July 1, 2017, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount up to, but not to exceed, 5%
per incident.
4. Beginning July 1, 2018, and during any renewal period, the annual cost shall be the
appropriate charge per incident dispatched multiplied by the actual number of calls
dispatched during the preceding calendar year.
B. The cost per call for CONTRACTING CITY shall not exceed these amounts in any
single year, unless the overall cost for the VERDUGO SYSTEM is substantially
increased by unplanned events, including, but not limited to atypical increases in
personnel costs, catastrophic hardware system failures or natural disasters. In the
event of a substantial increase in the cost as described herein, CONTRACTING
CITY's portion of the increase shall be determined by calculating the
CONTRACTING CITY's pro rata share of the overall number of dispatched calls
in the preceding calendar year. Prior to seeking the increased costs from the
CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set
aside for the replacement of the equipment and funds recovered from any insurance
settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non -reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions,
or to require the VERDUGO SYSTEM to modify, alter, add to, remove or
transform any of its existing equipment, system or facilities to implement any of
the provisions of this Agreement. It is the intent of this Agreement, and the Parties
acknowledge and agree, that any such changes, modifications or alterations shall
be at the sole cost of the CONTRACTING CITY.
1. It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY
that the payment for such changes, modifications or alterations will be initially paid
for by the VERDGUO COMMUNICATIONS CENTER, and will be billed to the
CONTRACTING CITY in four (4) equal payments over the first two (2) years upon
implementation of this agreement.
Page 5 of 13
VERDUGO and VERNON AGREEMENT
D. Billing. For services rendered, inclusive of items identified in section V.A-C, for
any full fiscal year, CONTRACTING CITY shall be billed by written invoice every
July and January of each fiscal year for the services provided in this Agreement on
a semiannual basis, in advance. All invoices shall be payable within thirty (30)
days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. CONTRACTING CITY shall be responsible for
establishing and maintaining an agreement with Interagency Communications
Interoperability System (ICIS) and/or the Host ICIS.Agency for the use of the radio
system. CONTRACTING CITY shall arrange and pay for any and all
programming of radios.
B. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all maintenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the ICI System to ensure reliability of the radio system.
C. Disclaimer. In the event an agreement with ICI System and/or the Host ICI System
Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for
loss or reliability of the dispatch services provided herein.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenance performed on the equipment and each shall be solely responsible for
all claims, liability, loss, suits, damages, costs, and expenses (including attorneys'
fees and costs of litigation) and personal injuries (including death at any time)
resulting directly or indirectly from, or arising out of, its own operation and use of,
and its own repairs and maintenance performed on the equipment and accessories.
Each Party shall bear the full legal and financial responsibility for its own conduct,
actions and omissions carried out in the performance of that Party's obligations and
responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out of
Page 6 of 13
VERDUGO and VERNON AGREEMENT
the making of any calls, initiating any contact, or other actions or omissions relating
to Area, Regional and/or specific agency mutual aid and/or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree
that whenever such mutual aid and/or automatic aid is contacted or otherwise
summoned by the VERDUGO CITIES, such contact is made as a courtesy in order
to facilitate the implementation of such mutual aid and/or automatic aid and is not
intended to create any liability on the part of the VERDUGO CITIES or any public
service provider which provides such mutual aid or automatic aid. All liability for
salaries, wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
Page 7 of 13
VERDUGO and VERNON AGREEMENT
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not
for the benefit of any other party. CONTRACTING CITY shall not assign any
right or interest in this Agreement, and shall not delegate any duty owed, without
VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall constitute
a material breach upon which VERDUGO CITIES may immediately terminate or
suspend this Agreement. In the event the VERDUGO CITIES consent to an
assignment or delegation, the assignee, delegatee, or its legal representative shall
agree in writing to personally assume, perform, and be bound by this Agreement's
covenants, conditions, obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
I. Time is of the Essence. Whenever a task is to be performed by VERDUGO
CITIES or CONTRACTING CITY herein, same shall be performed consistent with
any time constraints set forth hereunder including exhibits, time being considered
of the essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
K. Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, return receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of address,
they shall immediately notify the other Parties in writing of such change, provided,
however, that each address for notice must include a street address and not merely
a post office box. All notices, demands or requests shall be given to following
addresses:
Page 8 of 13
VERDUGO and VERNON AGREEMENT
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818-238-3473
Fax. No. 818-238-3483
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
215 N. Marengo Avenue, # 195
Pasadena, CA 91101
Tel. No. 626-744-4675
Fax. No. 818-585-9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 9 of 13
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date: 9` /� `'
ST:
By:
Mara E. Ayala, ity Clerk
APP7 VE S TO F RM THIS U44' day of , 20IL2-.
Hema ate1, y tto ey
By:
A. son, nteerim
(SEAL)
CITY OF BURBANK
Date: 'g-;hyh�'
ATTEST:
By:
City C erk
FORM
\I City Affio ey
Joseph H. i4opiugall
Senior Assistant City Attorney
(SEAL)
N day of Aa,,401L.
Page 10 of 13
City Administrator
VERDUGO and VERNON AGREEMENT
CITY OF GLENDALE
Date: 2 2 Sl(,,-
ATTEST:
By: `
City C Ik
f i
By:
CitManager
(SEAL)
VED AS TO FORM THIS 1, day of, 201�!
CITY OF PASADENA
Date: /b
ATTEST:
By:
City
erk
M.
Interim City Manager
(SEAL)
APP VED AST ORM THIS (GIday of 201-�.
-1 "Aj�q
ity tt rney
Page 11 of 13
Steve Mermell
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 12 of 13
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
$ 159,174.94
1
$ 159,175
$
159,175
Motorola Flash Trunking 9600 Baud
$ 100.00
10
$ 1,000
$
11000
Antenna - 800 MHz Omni:
$ 100.00
4
$ 400
$
400
Antenna Cable Installations
$ 2,000.00
4
$ 8,000
$
8,000
Antenna - 460-490 MHz Omni:
$ 150.00
8
$ 1,200
$
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDC)
Est. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
$ 380.00
13
$ 4,940
$
4,940
Mobile Mapping& AVL Software License:
$ 500.00
13
$ 6,500
$
6,500
Subtotal:
$
11,440
7-Digit Emergency Lines (RCF/CNF) x1 lines:
$ 140.00
2
$ 280
$
280
PD Ring -Down (Direct-Connects)Lines:
$ 154.00
1
$ 154
$
154
Otherthan 9-1-1 Installation/Labor:
$ 1,000.00
1
$ 1,000
$
1,000
Subtotal:
$
1,434
GIS Work / GeoFile Conversion:
$ 10,000.00
1
$ 10,000
$
10,000
Subtotal:
$
10,000
Agency
Responsibility
Infrastructure Totals:
$
192,649
Grand Totals:
Page 13 of 13
VERDUGO and VERNON AGREEMENT
FULLY EXECUTED PROMISSORY NOTE
FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
DATE: August 3, 2016
TO: Debbie Juarez, Records Management
FROM: Adriana Ramos, Administrative Secretary, rj,,
RE: Verdugo Fire Communications Promissory Note
For your files, enclosed please find one (1) fully executed Verdugo Fire Communications
Promissory Note between the Cities of Glendale and Vernon
Thank you
Enclosures
VERDUGO FIRE COMMUNICATIONS PROMISSORY NOTE
BETWEEN THE CITIES OF GLENDALE AND VERNON
This Promissory Note (hereinafter "Note" or "Agreement") is executed on C V,zu, 2016,
between the CITY OF GLENDALE ("GLENDALE") a municipal corporation and th6 CITY OF
VERNON ("VERNON") a municipal corporation, duly organized and existing under the
constitution and the laws of the State of California, (collectively, the "Parties").
RECITALS
Whereas GLENDALE along with the Cities of Burbank and Pasadena, (collectively VERDUGO
CITIES) to minimize the effect of fire and disaster and to provide the basis for effective
mobilization and dispatch of all available firefighting and emergency medical resources, have
agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas VERNON is currently part of a dispatch system with the City of Downey and desires to
contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting
on July 1, 2016;
Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part
of Area C instead;
Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the
best interest of the Parties;
Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an
advance of funds for the purchase of certain equipment and services, in the form of payment to
third parties for such purchase, which VERNON will repay to GLENDALE;
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions
herein contained, the Parties agree as follows:
I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described
in Attachment A, attached hereto and incorporated herein by this reference are necessary
for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON
further agrees that, at this time, it has not allocated the necessary funds to secure the
equipment and services and therefore has agreed that GLENDALE may contract with third
parties for purposes of securing such services for VERNON, and in return VERNON
promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON
further acknowledges and agrees that the equipment and services described in Attachment
A are a quote and the actual value and cost to GLENDALE may be higher than described
Page 1 of 7
VERDUGO and VERNON AGREEMENT
in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended
by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM,
which amounts shall include, but are not limited to the purchase price of equipment and
services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE
may transfer this Agreement, under the same terms agreed to herein.
II. Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection
with this Loan.
III. Payment.
A. Time and Place of Payments. VERNON will pay three payments of $50,000 and
one final payment of any and all outstanding amounts to be calculated after all
payments have been made by Glendale to the third party vendors providing the
services described in Attachment A. GLENDALE will submit an invoice in or
about July and January beginning July 2016. All payments are due within 30 days
of receipt of the invoice from GLENDALE. Payments will be made to:
Payment Address:
City of Glendale, Finance Department
141 N. Glendale, Ave., Room 346
Glendale, CA 91206
ATTN: Armen Harkalyan, Revenue Manager
B. VERNON's Right to Prepay. VERNON reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
IV. VERNON's Failure to Pay as Required.
A. Default. If VERNON does not pay the full amount of each semi-annual payment
on the date it is due, VERNON will be in default.
B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in
the payment of any monies due hereunder; or (2) terminates the provision of fire
services or contracts for such services with another agency.
C. Notice of Default. If VERNON is in default, GLENDALE may send VERNON a
written notice advising VERNON that if payment is not received by a certain date,
GLENDALE may require VERNON to pay immediately the full amount of the loan
which has not been paid. That date must be at least 30 days after the day on which
the notice is mailed to VERNON or delivered by other means.
D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required
VERNON to pay immediately in full as described above, then GLENDALE will
have the right to be paid back by VERNON for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
V. Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage prepaid,
using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post
Office; or when sent via facsimile to a party at the facsimile number set forth below or to
such other or further facsimile number provided in a notice sent under the terms of this
Page 2 of 7
VERDUGO and VERNON AGREEMENT
paragraph, on the date of transmission of that facsimile. Should any of the Parties have a
change of address, they shall immediately notify the other Parties in writing of such change,
provided, however, that each address for notice must include a street address and not
merely a post office box. All notices, demands or requests shall be given to following
addresses:
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
VI. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
Page 3 of 7
VERDUGO and VERNON AGREEMENT
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
H. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
I. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Parry
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 4 of 7
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date:
ATTEST:
By:
Maria . Ayala, C' Clerk
CITY OF GLENDALE
Date: "9&4
ATTEST:
1
By.
.""W
City Clerk
iE�,
A.J. Wilson, Interim City Administrator
(SEAL)
By: Ca�/-�
ranager
(SEAL)
AS TO FORM THIS �� day of , 201_L.
Page 5 of 7
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 6 of 7
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
Motorola Flash Trunking 9600 Baud
Antenna - 800 MHz Omni:
Antenna Cable Installations
Antenna - 460-490 MHz Omni:
$ 159,174.94
$ 100.00
$ 100.00
$ 2,000.00
$ 150.00
1 $
10 $
4 $
4 $
8 $
159,175
1,000
400
8,000
1,200
$
$
$
$
$
159,175
1,000
400
8,000
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDQ
Est. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
Mobile Mapping&AVLSoftwareLicense:
$ 380.00
$ 500.00
13
13
$
$
4,940
6,500
$
$
4,940
6,500
Subtotal:
$
11,440
Phones
Est. Cost $
Quantity
Extension
Agency
Responsibility
7-Digit Emergency Lines (RCF/CNF) x1 lines:
PD Ring -Down (Direct-Connects)Lines:
Otherthan 9-1-1 Installation/Labor:
$ 140.00
$ 154.00
$ 1,000.00
2
1
1
$
$
$
280
154
1,000
$
$
$
280
154
1,000
Subtotal:
$
1,434
GIS Work/ GeoFile Conversion:
$ 10,000.00
1
$
10,000
$
10,000
Subtotal:
$
10,000
Agency
Responsibility
J tftwaruMne
Totals:
Grand Totals:
$
$
192,649
192,649
Page 7 of 7
VERDUGO and VERNON AGREEMENT
Staff Report
CITY CLERK'S OFFICE
�.� 2 8 2
;I 1Y AUNIINIST
STAFF REPORT
FIRE DEPARTMENT
DATE: February 2, 2016
TO: Honorable Mayor and City Council
FROM: Michael A. Wilson, Fire Chief
Originator: Adriana Ramos, X11ministrative Secretary
RE: A Resolution of the City Council of the City of Vernon approving of a Fire
Communications Dispatch Service Agreement between the City of Vernon
and the City of Burbank, the City of Glendale and the City of Pasadena
Recommendation
A. Find that approval of the resolution proposed in this staff report is exempt under the
California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
B. Approve and authorize the execution of a three-year Fire Communications Dispatch Service
agreement with the City of Burbank, the City of Glendale and the City of Pasadena
(hereinafter referred to collectively as the "Verdugo Cities"), in substantially the same form
as submitted herewith, to provide dispatching services of emergency fire and medical
response. The proposed contract would take effect July 1, 2016 and includes the purchase and
installation of all equipment and infrastructure required to be compatible with Verdugo
Communications system in the amount of $192,649, in addition, the City of Vernon Fire
Department will pay $66.59 for each dispatched incident in the City and for certain mutual
aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17; and
C. Approve and authorize the execution of a Promissory Note with the City of Glendale, in
substantially the same form as submitted herewith, which contemplates an advance of funds,
in the amount of $192,649, for the purchase of equipment and services required to be
compatible with Verdugo Communications system, in the form of payment to third parties for
such purchase, which the City of Vernon will repay to the City of Glendale; and
D. Authorize for the termination of the current dispatch service agreement with the Regional
Joint Powers Communication Center effective June 30, 2015.
Page 1 of 3
Background
On February 1, 2011 the City Council of the City of Vernon authorized the participation of a dispatch
service agreement with the Regional Joint Powers Communication Center ("JPCC") located at the
City of Downey via Resolution No. 2011-15. After an extensive amount of research and
examination, it was determined by the Vernon Fire Department that it would be to the best interest of
the City and the department to terminate the current agreement with JPCC and enter into contract
with Verdugo Cities.
The Verdugo Fire Communications Center was established August 1, 1979 and currently dispatches
for thirteen (13) fire agencies. It serves as Area Coordinator ("Area "C") within Region I for State of
California Mutual -Aid purposes. As Area "C" expands its boarders, it enables better coordination and
response to large emergencies involving mutual aid for Area "C" agencies. The center serves a
combined population of over 837,000 residents, covering a geographic area of just over 134 square
miles.
Verdugo Fire Communications Center Benefits:
• Improved fire protection for each community by utilizing border drops: closest resources via
automatic vehicle locators (AVL)
• Automatic station coverage of two key fire stations
• State-of-the-art radio, telephone, and computer -aided dispatch systems to meet critical
mission needs
• Dispatchers who specialize in fire/rescue and are able to provide Emergency Medical
Dispatch (EMD) instructions to callers prior to the arrival of paramedics
• Monthly Task Force meetings are held where Chief Officers share in the decision making
processes
• Automatic notification to essential staff of critical incidents (including Council Members via
text if requested)
• Dispatch cost is shared between thirteen (13) agencies
• Verdugo Dispatch depth of resources and personnel are substantially larger and more readily
available without delay
Currently, the Fire Department has access to twelve (12) Engines, three (3) Trucks, two (2) US&R
units, one (1) Haz-Mat unit, and three (3) Battalion Chiefs under JPCC Dispatch. Moving with
Verdugo Cities, the department would have access to forty-six (46) Engines, thirteen (13) Trucks,
five (5) Water Tenders, six (6) US&R units, two (2) Haz-Mat units and ten (10) Battalion Chiefs.
The Department would also have access to Area "C" Arson Team. Furthermore, Verdugo Cities can
manage up to a fifth alarm structure fire while still maintaining coverage throughout the region.
During Fiscal Year 2013/2014 Vernon units responded to one -hundred -ten (110) incidents within
Area "E" and during Fiscal Year 2014/2015 Vernon units responded to eighty-four (84). It is
estimated that Vernon units will respond to roughly the same number of mutual aid incidents within
Area "C". Geographically, Area "C" agencies are closer to the City of Vernon than Area "E"
Agencies.
The proposed Fire Communications Dispatch Service agreement has been reviewed and approved as
to form by the City Attorney's Department and would be effective from July 1, 2016 through June
30, 2019. Pursuant to the Vernon Municipal Code, Section 2.17.12(A)(5), the agreement requested
herein is exempt from competitive bidding requirements because it is a contract with other
Page 2 of 3
governmental entities. The proposed Promissory Note agreement has been reviewed and approved as
to form by the City Attorney's Department.
Fiscal Impact
The Verdugo Communications Center personnel has worked meticulously with Vernon Fire
personnel to identify the infrastructure and equipment that would either need to be purchased or
updated to be compatible with the Verdugo system dispatch center. The areas reviewed included the
fire station alerting system, mobile data computers, telephones, GIS/Geo-File conversion, ICIS
connectivity and host subscriber fees. After a thorough review of the Vernon Fire Department's
system, the projected total cost of the three-year service contract is $192,649, which would be billed
in four (4) equal payments over the first two (2) years upon implementation of the Dispatch
Agreement. Additionally, based upon the formula within the dispatch service agreement, the City of
Vernon Fire Department would pay $66.59 for each dispatched incident in the City and for certain
mutual aid incidents outside the Verdugo dispatch system for Fiscal Year 2016-17. Thereafter, the
per -incident charge may be increased each fiscal year by an amount not to exceed 5%, rounded to the
nearest dollar, based on anticipated increases in Verdugo's operating costs.
Attachment(s)
1. Verdugo Fire Communications Promissory Note between the City of Glendale and the City
of Vernon.
Page 3 of 3
VERDUGO FIRE COMMUNICATIONS PROMISSORY NOTE
BETWEEN THE CITIES OF GLENDALE AND VERNON
This Promissory Note (hereinafter "Note" or "Agreement") is executed on , 2016,
between the CITY OF GLENDALE ("GLENDALE") a municipal corporation and the CITY OF
VERNON ("VERNON") a municipal corporation, duly organized and existing under the
constitution and the laws of the State of California, (collectively, the "Parties").
RECITALS
Whereas GLENDALE along with the Cities of Burbank and Pasadena, (collectively VERDUGO
CITIES) to minimize the effect of fire and disaster and to provide the basis for effective
mobilization and dispatch of all available firefighting and emergency medical resources, have
agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas VERNON is currently part of a dispatch system with the City of Downey and desires to
contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting
on July 1, 2016;
Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part
of Area C instead;
Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the
best interest of the Parties;
Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an
advance of funds for the purchase of certain equipment and services, in the form of payment to
third parties for such purchase, which VERNON will repay to GLENDALE;
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions
herein contained, the Parties agree as follows:
I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described
in Attachment A, attached hereto and incorporated herein by this reference are necessary
for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON
further agrees that, at this time, it has not allocated the necessary funds to secure the
equipment and services and therefore has agreed that GLENDALE may contract with third
parties for purposes of securing such services for VERNON, and in return VERNON
promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON
further acknowledges and agrees that the equipment and services described in Attachment
A are a quote and the actual value and cost to GLENDALE may be higher than described
Page 1 of 7
VERDUGO and VERNON AGREEMENT
in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended
by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM,
which amounts shall include, but are not limited to the purchase price of equipment and
services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE
may transfer this Agreement, under the same terms agreed to herein.
II. Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection
with this Loan.
III. Payment.
A. Time and Place of Payments. VERNON will pay three payments of $50,000 and
one final payment of any and all outstanding amounts to be calculated after all
payments have been made by Glendale to the third party vendors providing the
services described in Attachment A. GLENDALE will submit an invoice in or
about July and January beginning July 2016. All payments are due within 30 days
of receipt of the invoice from GLENDALE. Payments will be made to:
Payment Address:
City of Glendale, Finance Department
141 N. Glendale, Ave., Room 346
Glendale, CA 91206
ATTN: Armen Harkalyan, Revenue Manager
B. VERNON's Right to Prepay. VERNON reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
IV. VERNON's Failure to Pay as Required.
A. Default. If VERNON does not pay the full amount of each semi-annual payment
on the date it is due, VERNON will be in default.
B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in
the payment of any monies due hereunder; or (2) terminates the provision of fire
services or contracts for such services with another agency.
C. Notice of Default. If VERNON is in default, GLENDALE may send VERNON a
written notice advising VERNON that if payment is not received by a certain date,
GLENDALE may require VERNON to pay immediately the full amount of the loan
which has not been paid. That date must be at least 30 days after the day on which
the notice is mailed to VERNON or delivered by other means.
D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required
VERNON to pay immediately in full as described above, then GLENDALE will
have the right to be paid back by VERNON for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
V. Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage prepaid,
using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post
Office; or when sent via facsimile to a party at the facsimile number set forth below or to
such other or further facsimile number provided in a notice sent under the terms of this
Page 2 of 7
VERDUGO and VERNON AGREEMENT
VI.
paragraph, on the date of transmission of that facsimile. Should any of the Parties have a
change of address, they shall immediately notify the other Parties in writing of such change,
provided, however, that each address for notice must include a street address and not
merely a post office box. All notices, demands or requests shall be given to following
addresses:
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
Page 3 of 7
VERDUGO and VERNON AGREEMENT
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
H. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
I. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 4 of 7
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date:
ATTEST:
By:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM THIS
Hema Patel, City Attorney
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
City Administrator
(SEAL)
day of , 201_
L5.2
City Manager
(SEAL)
day of , 201.
Page 5 of 7
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 6 of 7
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
$ 159,174.94
1
$ 159,175
$
159,175
Motorola Flash Trunking 9600 Baud
$ 100.00
10
$ 1,000
$
1,000
Antenna - 800 MHz Omni:
$ 100.00
4
$ 400
$
400
Antenna Cable Installations
$ 2,000.00
4
$ 8,000
$
8,000
Antenna - 460-490 MHz Omni:
$ 150.00
8
$ 1,200
$
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDQ Est. Cost $ Quantity Extension Agency Responsibility
PCMSS Client License: $ 380.00 13 $ 4,940 $ 4,940
Mobile Mapping& AVL Software License: $ 500.00 13 $ 6,500 $ 6,500
Subtotal: $ 11,440
Phones Est. Cost $ Quantity Extension Agency Responsibility
7-Digit Emergency Lines (RCF/CNF) x1 lines:
$ 140.00
2 $
280
$
280
PD Ring -Down (Direct-Connects)Lines:
$ 154.00
1 $
154
$
154
Other than 9-1-1 Installation/Labor:
$ 1,000.00
1 $
1,000
$
1,000
GIS Work / GeoFile Conversion: $ 10,000.00 1 $ 10,000 $ 10,000
Subtotal: $ 10,000
Agency Responsibility
Infrastructure Totals: $ 192,649
Grand Totals: $ 19Z649
Page 7 of 7
VERDUGO and VERNON AGREEMENT
Dispatch Service
Agreement
VERDUGO FIRE COMMUNICATIONS DISPATCH SERVICE AGREEMENT
BETWEEN THE CITIES OF BURBANK, GLENDALE, AND PASADENA
AND THE CITY OF VERNON
This Agreement is made by and between the CITY OF BURBANK, the CITY OF GLENDALE,
and the CITY OF PASADENA (hereinafter referred to collectively as the "VERDUGO CITIES")
and the CITY OF VERNON (hereinafter referred to as the "CONTRACTING CITY").
RECITALS
Whereas the VERDUGO CITIES, to minimize the effect of fire and disaster and to provide the
basis for effective mobilization and dispatch of all available firefighting and emergency medical
resources, have agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas the CONTRACTING CITY is currently part of a dispatch system with the City of
Downey and desires to contract with VERDUGO CITIES for dispatching of emergency fire and
medical response starting in July 2016;
Whereas the CONTRACTING CITY is currently part of Fire Mutual Aid Area E, and is desirous
of becoming part of Area C instead, and by entering into this Agreement is aware that it may be
called upon to provide mutual aid services or automatic aid services to cities in the Verdugo System
and other jurisdictions as designated by the State;
Whereas the Parties acknowledge that the VERDUGO CITIES, and specifically, the City of
Glendale, have substantial operational experience in providing these types of specified services.
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, the Parties agree as follows:
I. RESPONSIBILITIES
A. Responsibilities of the Verdugo Cities. It shall be the responsibility of the
VERDUGO CITIES to operate the VERDUGO SYSTEM and to do all of the
following:
1. Receive 911 and wireless emergency calls;
2. Transfer 911 and wireless calls to other agencies as appropriate;
3. Receive 10-digit emergency and direct connect (formerly called ring -down, or "P"
line) calls on numbers/circuits provided and funded by CONTRACTING CITY;
4. Provide TDD and foreign language translation;
5. Provide Emergency Medical Dispatch pre -arrival and life-saving protocols as
established by Los Angeles County Fire and approved by Los Angeles County
Department of Health Services, and Verdugo's Medical Director.;
Page 1 of 13
VERDUGO and VERNON AGREEMENT
6. Enter incident information into the computer aided dispatch system (CAD),
including verified incident address/location, specific location information,
informant's location, informant's telephone number, source code for call, basic
EMD information, appropriate text and type codes;
7. Time stamp receipt of 911 calls, entry into CAD, dispatch, and all status changes
from mobile units initiated on mobile computer terminals (MCT);
8. Electronically document incident and pertinent non -incident information;
9. Review CAD recommended quantity and type of equipment, alert fire stations by
electronic transmission, data and hard copy printout over mobile data system,
transmitting tones over voice system, and broadcasting vocal dispatch on
designated frequency(s);
10. Respond to routine and emergency voice communications.
11. Track and record equipment status, location and availability;
12. Coordinate Area, Regional and specific agency Mutual Aid, Initial Action and
Automatic Aid agreements for dispatch purposes only;
13. Formulate, dispatch and track Strike Team responses;
14. Maintain CAD databases;
15. Maintain ROSS/CICCS databases;
16. Provide CAD and MIS records management, storage and standard reports;
17. Provide access to CAD information;
18. Provide access to unit histories, unit status, rosters and information;
19. Handle and coordinate FIRST team responses;
20. Request and coordinate mass casualty resources;
21. Provide staff notification by alarm level and/or incident type via wireless device;
22. Notify and coordinate with other city departments and outside agencies as required;
23. Provide recording and retention of radio and telephone transmissions consistent
with California law;
24. Provide an annual report of operations; and
25. Provide management and supervision to achieve desired results.
B. Responsibilities of Contracting City. It shall be the responsibility of the
CONTRACTING CITY to do all of the following:
1. Notwithstanding anything herein to the contrary, the obligations of
CONTRACTING CITY to consummate the transactions described herein are
subject to the fulfillment, on or prior to July 1, 2016, of the following conditions
precedent unless waived in writing by the VERDUGO CITIES:
(a) CONTRACTING CITY takes formal action through its City Council to
cease dispatch contracting services with the City of Downey or any other agency;
(b) CONTRACTING CITY notifies the City of Downey of its intention to
separate from Fire Mutual Aid area E;
(c) CONTRACTING CITY establishes a radio roaming service on the
Interagency Communications Interoperability System (ICI System).
(d) CONTRACTING CITY engages, facilitates and cooperates in the
installation of any and all necessary equipment, hardware and software which
interface with the VERDUGO SYSTEM.
Page 2 of 13
VERDUGO and VERNON AGREEMENT
2. Provide equipment, hardware and software which interface with the VERDUGO
SYSTEM (unless otherwise agreed to by all Parties), which include but are not
limited to:
(a) Telephone and 911 hardware, software, upgrades, lines, instruments,
terminations, installation, monthly service or capability not already included or
provided, including routing coordination;
(b) Station alerting hardware in all fire stations which receive and transmit voice
and data signals with features consistent with the VERDUGO SYSTEM;
(c) Reliable voice mobile and portable radios and data radios and terminals for all
personnel and fire apparatus, with capabilities and features consistent with the
VERDUGO SYSTEM;
(d) Establish and maintain a system access/service agreement with the Interagency
Communications Interoperability System (ICI System) and/or Host ICI System
Agency as appropriate/needed.
(e) Voice and/or alpha -numeric pagers or other wireless devices capable of
functioning with the VERDUGO SYSTEM;
(f) Computers capable of communication with VERDUGO SYSTEM;
(g) Geographic file information suitable for entry into VERDUGO SYSTEM CAD,
including street location data, city maps and other landmark/common place
addresses, high value or brush areas, freeway information, and target hazards;
3. Provide listing of all apparatus, including radio designations, cross -staffed manned
units and special response vehicles;
4. Provide Fire Department personnel list including titles, radio call signs, office and
home phone numbers, pager and cellular telephone numbers;
5. Provide a list of key City personnel and telephone directory;
6. Provide a list of receiving hospitals and access method for paramedics;
7. Provide copies of mutual aid, automatic aid, initial action or other inter -agency
agreements;
8. Provide initial and ongoing VERDUGO SYSTEM training to all radio users;
9. Provide copies of FCC licenses, if applicable;
10. Comply with VERDUGO SYSTEM policies and procedures;
11. Use VERDUGO SYSTEM incident type codes, priorities and categories;
12. Review and understand Emergency Medical Dispatcher Program currently in use;
and
13. Provide a chief officer or fire officer to ensure successful implementation and
representation on the Verdugo Task Force.
II. EQUIPMENT
1. Purchase of Equipment. CONTRACTING CITY shall purchase, install, test and
maintain equipment and hardware necessary to perform its responsibilities under Section
I.B. above. Unless otherwise provided herein, CONTRACTING CITY shall be responsible
for all costs relating to the purchase and installation of all such equipment. In addition to
the equipment, CONTRACTING CITY shall be solely responsible for the cost of any
additional or related equipment or hardware, software or labor needed to implement its
obligations under this Agreement, whether listed or not, including, but not limited to,
Page 3 of 13
VERDUGO and VERNON AGREEMENT
installation, testing, light/audio relays, shipping, insurance, taxes, antennas and coax,
public address system, speakers, and power supplies.
2. Purchase of Fire Station Alerting Equipment and related Infrastructure. The
Parties agree that the VERDUGO CITIES will purchase and install the initial infrastructure
Equipment to establish connectivity to the VERDUGO SYSTEM as set forth in
Attachment A attached hereto and incorporated herein by reference. CONTRACTING
CITY agrees that the Equipment and Services described in Attachment A are a quote of
the anticipated equipment and services necessary to establish connectivity and the final
cost for both may be higher than what is set forth in Attachment A. CONTRACTING
CITY agrees to reimburse VERDUGO CITIES for all costs necessary for the establishment
of connectivity with the VERDUGO SYSTEM. The Parties further agree that the specific
terms of the reimbursement will be made pursuant to a promissory note signed by the City
of Glendale and CONTRACTING CITY, and will be subsequently billed to the
CONTRACTING CITY pursuant to the terms of the note.
3. Purchase of Future Equipment. As new technology becomes available, the
VERDUGO CITIES may, from time to time, purchase new products to enhance the current
level of service. The VERDUGO CITIES will provide a minimum 90 day written notice
to CONTRACTING CITY of any anticipated purchase, where the costs of purchase and/or
maintenance of equipment that is the responsibility of the CONTRACTING CITY under
section II.B. above are to be borne by the CONTRACTING CITY.
III. TERM
This Agreement shall become effective on February 1, 2016, ("EFFECTIVE DATE") and
remain in effect until June 30, 2019, or until terminated in accordance with the termination
provisions herein, whichever occurs earlier. For consideration received, this Agreement
will renew automatically for two terms of three years each, unless 180 days prior to
termination of the term, one party provides written notice of intent not to renew to the other
Pay
IV. TERMINATION
The VERDUGO CITIES, acting by majority vote, or the CONTRACTING CITY may
terminate this Agreement by giving written notice of such intent to the other party(ies) at
least one (1) year prior to the effective date of such termination.
V. COSTS
A. Per Incident Cost. The annual cost shall be the appropriate charge per incident
dispatched multiplied by the number of calls dispatched. Number of calls
dispatched shall include incidents that occur within CONTRACTING CITY's
jurisdiction plus any additional responses to jurisdictions outside the Verdugo
System that arise from aid agreements
1. During the first year of the agreement, the charge per incident ($66.59) dispatched
will be multiplied by the annualized total incidents (the first six (6) month's
incidents multiplied by two (2)).
Page 4 of 13
VERDUGO and VERNON AGREEMENT
(a) At the end of the fiscal year, a true -up will be conducted to identify if the Per
Incident Cost billed is higher or lower than the actual cost. If the actual number
of incidents is found to be lower than the annualized incidents, the appropriate
credit will be applied in the following fiscal year. If the actual amount of
incidents is higher than the annualized amount previously billed, the next fiscal
year's bill will not be adjusted.
2. For Fiscal Year 2017-18, the annual cost shall be the appropriate charge per
incident dispatched multiplied by the actual number of calls dispatched during the
preceding fiscal year.
3. Beginning July 1, 2017, and during any renewal period, the per incident
charge may be increased each fiscal year by an amount up to, but not to exceed, 5%
per incident.
4. Beginning July 1, 2018, and during any renewal period, the annual cost shall be the
appropriate charge per incident dispatched multiplied by the actual number of calls
dispatched during the preceding calendar year.
B. The cost per call for CONTRACTING CITY shall not exceed these amounts in any
single year, unless the overall cost for the VERDUGO SYSTEM is substantially
increased by unplanned events, including, but not limited to atypical increases in
personnel costs, catastrophic hardware system failures or natural disasters. In the
event of a substantial increase in the cost as described herein, CONTRACTING
CITY's portion of the increase shall be determined by calculating the
CONTRACTING CITY's pro rata share of the overall number of dispatched calls
in the preceding calendar year. Prior to seeking the increased costs from the
CONTRACTING CITY, VERDUGO CITIES will endeavor to utilize all funds set
aside for the replacement of the equipment and funds recovered from any insurance
settlement, if applicable.
C. No Cost to VERDUGO CITIES. Nothing in this Agreement shall be construed
to require any of the VERDUGO CITIES to incur any non -reimbursable cost and/or
expense for the purpose of implementing this Agreement, or any of its provisions,
or to require the VERDUGO SYSTEM to modify, alter, add to, remove or
transform any of its existing equipment, system or facilities to implement any of
the provisions of this Agreement. It is the intent of this Agreement, and the Parties
acknowledge and agree, that any such changes, modifications or alterations shall
be at the sole cost of the CONTRACTING CITY.
1. It was agreed upon by the VERDUGO CITIES and the CONTRACTING CITY
that the payment for such changes, modifications or alterations will be initially paid
for by the VERDGUO COMMUNICATIONS CENTER, and will be billed to the
CONTRACTING CITY in four (4) equal payments over the first two (2) years upon
implementation of this agreement.
Page 5 of 13
VERDUGO and VERNON AGREEMENT
D. Billing. For services rendered, inclusive of items identified in section V.A-C, for
any full fiscal year, CONTRACTING CITY shall be billed by written invoice every
July and January of each fiscal year for the services provided in this Agreement on
a semiannual basis, in advance. All invoices shall be payable within thirty (30)
days after receipt.
VI. RADIO ROAMING SERVICES
A. Description of Services. CONTRACTING CITY shall be responsible for
establishing and maintaining an agreement with Interagency Communications
Interoperability System (ICIS) and/or the Host ICIS.Agency for the use of the radio
system. CONTRACTING CITY shall arrange and pay for any and all
programming of radios.
B. Maintenance of Contracting City Radios. CONTRACTING CITY shall perform
all maintenance service on its radios, and shall ensure all its radios are operating
within the manufacturer's specifications at all times. Should VERDUGO CITIES
inform CONTRACTING CITY of a technical problem with one or more of the
radios, CONTRACTING CITY shall immediately perform maintenance on such
radio as may be required by the ICI System to ensure reliability of the radio system.
C. Disclaimer. In the event an agreement with ICI System and/or the Host ICI System
Agency lapses and/or is terminated, VERDUGO CITIES cannot be held liable for
loss or reliability of the dispatch services provided herein.
VII. INDEMNITY
A. Assumption of Risk. Each Party to this Agreement assumes full and sole
responsibility for all risks of injury and damages, including damage to all operating
equipment, arising from its own operation and use of, and its own repairs and
maintenance performed on the equipment and each shall be solely responsible for
all claims, liability, loss, suits, damages, costs, and expenses (including attorneys'
fees and costs of litigation) and personal injuries (including death at any time)
resulting directly or indirectly from, or arising out of, its own operation and use of,
and its own repairs and maintenance performed on the equipment and accessories.
Each Party shall bear the full legal and financial responsibility for its own conduct,
actions and omissions carried out in the performance of that Party's obligations and
responsibilities under this Agreement.
B. Workers' Compensation. Workers' Compensation claims shall be paid by the
employer of any injured worker, and subrogation rights against all Parties are
expressly waived.
C. Liability for Mutual/Automatic Aid. Notwithstanding any other provisions of
this Agreement, and with respect to Section I.A.12. above, the CONTRACTING
CITY shall indemnify, defend and hold harmless the VERDUGO CITIES and any
other public service provider, from and against any claims or liability, including
death, injury or property damage, and including the costs of defense, arising out of
Page 6 of 13
VERDUGO and VERNON AGREEMENT
the making of any calls, initiating any contact, or other actions or omissions relating
to Area, Regional and/or specific agency mutual aid and/or automatic aid whenever
such aid is contacted or otherwise summoned to respond from outside of the
jurisdiction of the CONTRACTING CITY. The Parties acknowledge and agree
that whenever such mutual aid and/or automatic aid is contacted or otherwise
summoned by the VERDUGO CITIES, such contact is made as a courtesy in order
to facilitate the implementation of such mutual aid and/or automatic aid and is not
intended to create any liability on the part of the VERDUGO CITIES or any public
service provider which provides such mutual aid or automatic aid. All liability for
salaries, wages, and other compensation shall be that of each employing agency.
VIII. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
Page 7 of 13
VERDUGO and VERNON AGREEMENT
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Assignment. Nothing under this Agreement shall be construed to give any rights
or benefits to any party other than VERDUGO CITIES and CONTRACTING
CITY. All duties and responsibilities under this Agreement shall be for the sole
and exclusive benefit of VERDUGO CITIES and CONTRACTING CITY, and not
for the benefit of any other party. CONTRACTING CITY shall not assign any
right or interest in this Agreement, and shall not delegate any duty owed, without
VERDUGO CITIES' prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for all purposes, and shall constitute
a material breach upon which VERDUGO CITIES may immediately terminate or
suspend this Agreement. In the event the VERDUGO CITIES consent to an
assignment or delegation, the assignee, delegatee, or its legal representative shall
agree in writing to personally assume, perform, and be bound by this Agreement's
covenants, conditions, obligations and provisions.
H. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
I. Time is of the Essence. Whenever a task is to be performed by VERDUGO
CITIES or CONTRACTING CITY herein, same shall be performed consistent with
any time constraints set forth hereunder including exhibits, time being considered
of the essence of this Agreement. Unless otherwise specified in this Agreement, all
references to "days" refer to calendar days.
J. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
K. Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the
address indicated below; or on the third (3rd) business day following deposit,
postage prepaid, using certified mail, return receipt requested, in any U.S. Postal
mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the
facsimile number set forth below or to such other or further facsimile number
provided in a notice sent under the terms of this paragraph, on the date of
transmission of that facsimile. Should any of the Parties have a change of address,
they shall immediately notify the other Parties in writing of such change, provided,
however, that each address for notice must include a street address and not merely
a post office box. All notices, demands or requests shall be given to following
addresses:
Page 8 of 13
VIRUUGO and VERNON AGREEMENT
City of Burbank:
Fire Chief
Burbank Fire Department
311 E. Orange Grove
Burbank, CA 91502
Tel. No. 818-238-3473
Fax. No. 818-238-3483
City of Vernon:
Fire Chief
Vernon Fire Department
4305 Santa Fe Avenue
Vernon, CA 90058
Tel. No. 323-583-8811
Fax. No. 323-826-1407
City of Glendale:
Fire Chief
Glendale Fire Department
421 Oak Street
Glendale, CA 91204-1298
Tel. No. 818-548-4814
Fax. No. 818-547-1031
City of Pasadena:
Fire Chief
Pasadena Fire Department
215 N. Marengo Avenue, # 195
Pasadena, CA 91101
Tel. No. 626-744-4675
Fax. No. 818-585-9164
L. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 9 of 13
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date: Cq` /� - /&&'
By:
A.' sonson, nteerim
(SEAL)
ST:
By:
Mara E. Ayala, ity Clerk
APP VE S TO F RM THIS C�� day of , 201.& .
Hema ate1, ' y tto ey
CITY OF BURBANK
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
City Manager
(SEAL)
day of , 201_.
City Administrator
Page 10 of 13
VERDUGO and VERNON AGREEMENT
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
CITY OF PASADENA
Date:
ATTEST:
City Manager
(SEAL)
day of , 201_.
City Manager
(SEAL)
By:
City Clerk
APPROVED AS TO FORM THIS day of , 201_.
City Attorney
Page 11 of 13
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 12 of 13
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
$ 159,174.94
1
$
159,175
$
159,175
Motorola Flash Trunking 9600 Baud
$ 100.00
10
$
1,000
$
1,000
Antenna - 800 MHz Omni:
$ 100.00
4
$
400
$
400
Antenna Cable Installations
$ 2,000.00
4
$
8,000
$
8,000
Antenna - 460-490 MHz Omni:
$ 150.00
8
$
1,200
$
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDC)
Est. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
$ 380.00
13
$
4,940
$
4,940
Mobile Mapping & AVL Software License:
$ 500.00
13
$
6,500
$
6,500
Subtotal:
$
11,440
7-Digit Emergency Lines (RCF/CNF) x1 lines:
$ 140.00
2
$
280
$
280
PD Ring -Down (Direct-Connects)Lines:
$ 154.00
1
$
154
$
154
Otherthan 9-1-1 Installation/Labor:
$ 1,000.00
1
$
1,000
$
1,000
Subtotal:
$
1,434
GIs Work / GeoFile Conversion:
$ 10,000.00
1
$
10,000
$
10,000
Subtotal:
$
10,000
Agency
Responsibility
Infrastructure Totals:
$
192,649
Grand Totals:
$
192,649
Page 13 of 13
VERDU60 and VERNON AGREEMENT
Promissory Note
VERDUGO FIRE COMMUNICATIONS PROMISSORY NOTE
BETWEEN THE CITIES OF GLENDALE AND VERNON
This Promissory Note (hereinafter "Note" or "Agreement") is executed on , 2016,
between the CITY OF GLENDALE ("GLENDALE") a municipal corporation and the CITY OF
VERNON ("VERNON") a municipal corporation, duly organized and existing under the
constitution and the laws of the State of California, (collectively, the "Parties").
RECITALS
Whereas GLENDALE along with the Cities of Burbank and Pasadena, (collectively VERDUGO
CITIES) to minimize the effect of fire and disaster and to provide the basis for effective
mobilization and dispatch of all available firefighting and emergency medical resources, have
agreed to operate a joint fire communications system ("VERDUGO SYSTEM");
Whereas VERNON is currently part of a dispatch system with the City of Downey and desires to
contract with VERDUGO CITIES for dispatching of emergency fire and medical response starting
on July 1, 2016;
Whereas VERNON is currently part of Fire Mutual Aid Area E, and is desirous of becoming part
of Area C instead;
Whereas the Parties have determined that a timely transition to the VERDUGO SYSTEM is in the
best interest of the Parties;
Whereas GLENDALE and VERNON desire to enter into this Agreement, which contemplates an
advance of funds for the purchase of certain equipment and services, in the form of payment to
third parties for such purchase, which VERNON will repay to GLENDALE;
Whereas the Parties acknowledge that this Agreement is not a joint powers agreement subject to
the provisions of California Government Code Sections 6500 et. seq. and the Parties intend that
nothing in this Agreement shall be so construed. The Parties have no intent to create hereby a
separate legal entity or public agency and no such entity is hereby created.
NOW THEREFORE, for and in consideration of the mutual promises, covenants and conditions
herein contained, the Parties agree as follows:
I. VERNON's Promise to Pay. VERNON agrees that the equipment and services described
in Attachment A, attached hereto and incorporated herein by this reference are necessary
for VERNON to transition its dispatch services to the VERDUGO SYSTEM. VERNON
further agrees that, at this time, it has not allocated the necessary funds to secure the
equipment and services and therefore has agreed that GLENDALE may contract with third
parties for purposes of securing such services for VERNON, and in return VERNON
promises to pay all amounts advanced by GLENDALE on behalf of VERNON. VERNON
further acknowledges and agrees that the equipment and services described in Attachment
A are a quote and the actual value and cost to GLENDALE may be higher than described
Page 1 of 7
VERDUGO and VERNON AGREEMENT
in Attachment A. VERNON agrees that it will repay GLENDALE all amounts expended
by GLENDALE for purposes of VERNON's connectivity to the VERDUGO SYSTEM,
which amounts shall include, but are not limited to the purchase price of equipment and
services, taxes, late fees, penalties and interest. VERNON understands that GLENDALE
may transfer this Agreement, under the same terms agreed to herein.
II. Loan Fee and Interest. The Parties agree that there is no loan fee or interest in connection
with this Loan.
III. Payment.
A. Time and Place of Payments. VERNON will pay three payments of $50,000 and
one final payment of any and all outstanding amounts to be calculated after all
payments have been made by Glendale to the third party vendors providing the
services described in Attachment A. GLENDALE will submit an invoice in or
about July and January beginning July 2016. All payments are due within 30 days
of receipt of the invoice from GLENDALE. Payments will be made to:
Payment Address:
City of Glendale, Finance Department
141 N. Glendale, Ave., Room 346
Glendale, CA 91206
ATTN: Armen Harkalyan, Revenue Manager
B. VERNON's Right to Prepay. VERNON reserves the right to prepay this Note in
whole or in part, prior to maturity, without penalty.
IV. VERNON's Failure to Pay as Required.
A. Default. If VERNON does not pay the full amount of each semi-annual payment
on the date it is due, VERNON will be in default.
B. Event of Default. VERNON shall be in default hereunder if it: (1) is in default in
the payment of any monies due hereunder; or (2) terminates the provision of fire
services or contracts for such services with another agency.
C. Notice of Default. If VERNON is in default, GLENDALE may send VERNON a
written notice advising VERNON that if payment is not received by a certain date,
GLENDALE may require VERNON to pay immediately the full amount of the loan
which has not been paid. That date must be at least 30 days after the day on which
the notice is mailed to VERNON or delivered by other means.
D. Payment of GLENDALE's Costs and Expenses. If GLENDALE has required
VERNON to pay immediately in full as described above, then GLENDALE will
have the right to be paid back by VERNON for all of its costs and expenses in
enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
V. Giving of Notices. Notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given on the date either personally delivered to the address
indicated below; or on the third (3rd) business day following deposit, postage prepaid,
using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post
Office; or when sent via facsimile to a party at the facsimile number set forth below or to
such other or further facsimile number provided in a notice sent under the terms of this
Page 2 of 7
VERDUGO and VERNON AGREEMENT
paragraph, on the date of transmission of that facsimile. Should any of the Parties have a
change of address, they shall immediately notify the other Parties in writing of such change,
provided, however, that each address for notice must include a street address and not
merely a post office box. All notices, demands or requests shall be given to following
addresses:
City of Vernon: City of Glendale:
Fire Chief Fire Chief
Vernon Fire Department Glendale Fire Department
4305 Santa Fe Avenue 421 Oak Street
Vernon, CA 90058 Glendale, CA 91204-1298
Tel. No. 323-583-8811 Tel. No. 818-548-4814
Fax. No. 323-826-1407 Fax. No. 818-547-1031
VI. GENERAL PROVISIONS
A. Entire Agreement. This Agreement supersedes any and all other Agreements,
either oral or in writing, between the parties hereto with respect to the subject matter
hereof, and no other Agreement, statement, or promise relating to the subject matter
of this Agreement which is not contained herein shall be valid or binding. In
interpreting this Agreement and resolving any ambiguities, this Agreement will
take precedence over any cover page or attachments.
B. Interpretation. This Agreement is the product of negotiation and compromise on
the Parties' part. Every provision in this Agreement shall be interpreted as though
the Parties equally participated in its drafting. Therefore, notwithstanding the
provisions in California Civil Code Section 1654 to the contrary, if this
Agreement's language is uncertain, the Agreement shall not be construed against
the Party causing the uncertainty to exist.
C. Governing Law. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the laws of the State of California.
D. Severability. Should any part, term or provision of this Agreement or any
document required herein to be executed be declared invalid, void or unenforceable,
all remaining parts, terms and provisions hereof shall remain in full force and effect
and shall in no way be invalidated, impaired or affected thereby.
E. Attorneys' Fees. If any action at law or in equity is brought to enforce or interpret
the provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees in addition to any other relief to which he, she or it may be entitled.
"Prevailing party" means a party who dismisses the action or proceeding in
exchange for payment of the sum(s) allegedly due; performance of the term(s) or
covenant(s) allegedly breached or violated; or consideration substantially equal to
the relief sought in the action. "Reasonable attorneys' fees" of the City Attorney's
Page 3 of 7
VERDUGO and VERNON AGREEMENT
office means the fees regularly charged by private attorneys who: (a) practice in a
law firm located in Los Angeles County; and (b) have an equivalent number of
years of professional experience in the subject matter area of the law for which the
City Attorney's services were rendered.
F. Waiver of Breach. The waiver of either party of any breach of any provision of
this Agreement shall not operate or be construed as a waiver of any subsequent
breach of that same or any other provision.
G. Successors and Assigns. Subject to the provision regarding assignment, this
Agreement shall be binding on the heirs, executors, administrators, successors, and
assigns of the respective parties.
H. Force Maieure. None of the Parties shall be considered in default in the
performance of their obligations hereunder or any of them, if such obligations were
prevented or delayed by any cause, existing or future, beyond the reasonable control
of such party which include but are not limited to acts of God or civil unrest. Any
delays beyond the control of the Parties shall automatically extend the time
schedule as set forth in this Agreement by the period of any such delay.
I. Counterparts. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which shall constitute one and the same document.
Each of the Parties shall sign a sufficient number of counterparts, so that each Party
will receive a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested to by the proper officers hereunder duly authorized, their official seals to be heretofore
affixed.
Page 4 of 7
VERDUGO and VERNON AGREEMENT
CITY OF VERNON
Date: Z2 /k - J (a
ATTEST:
By:
Maria . Ayala, C' Clerk
CITY OF GLENDALE
Date:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM THIS
City Attorney
By:
A.J. Wilson, Interim City Administrator
(SEAL)
City Manager
(SEAL)
day of , 201 _
Page 5 of 7
VERDUGO and VERNON AGREEMENT
ATTACHMENT LIST
"Attachment A": Initial Infrastructure Costs
(1 page)
Page 6 of 7
VERDUGO and VERNON AGREEMENT
Attachment A
Initial Infrastructure Costs
Fire Station Alerting System
Est. Cost $
Quantity
Extension
Amount
Station Alerting MCU (Westnet):
Motorola Flash Trunking 9600 Baud
Antenna - 800 MHz Omni:
Antenna Cable Installations
Antenna - 460-490 MHz Omni:
$ 159,174.94
$ 100.00
$ 100.00
$ 2,000.00
$ 150.00
1 $
10 $
4 $
4 $
8 $
159,175
1,000
400
8,000
1,200
$
$
$
$
$
159,175
11000
400
81000
1,200
Subtotal:
$
169,775
Mobile Data Computers (MDC)
Fst. Cost $
Quantity
Extension
Agency
Responsibility
PCMSS Client License:
Mobile Mapping&AVLSoftware License:
$ 380.00
$ 500.00
13
13
$
$
4,940
6,500
$
$
4,940
6,500
Subtotal:
$
11,440
Phones
Est. Cost $
Quantity
Extension
Agency
Responsibility
7-Digit Emergency Lines (RCF/CNF) x1 lines:
PD Ring -Down (Direct-Connects)Lines:
Otherthan 9-1-1 Installation/Labor:
$ 140.00
$ 154.00
$ 1,000.00
2
1
1
$
$
$
280
154
1,000
$
$
$
280
154
11000
Subtotal:
$
1434
GIS Work / GeoFile Conversion:
$ 10,000.00
1
$
10,000
$
10,000
Subtotal:
$
10,000
Agency
Responsibility
Infrastructure
Totals: ,
Grand Totals.
$
$
192,649
19Z649
Page 7 of 7
VERDUGO and VERNON AGREEMENT