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Item 1.6 - Approval of Contract with City of San Diego for Fire/EMS Dispatch ServicesG`,� oe e W9Y City of Poway COUNCIL AGENDA REPORT C� IN nfE GAJ DATE: February 5, 2019 TO: Honorable Mayor and Members of the City Council FROM: Mark Sanchez, Director of Safety Services CONTACT: Jon Canavan, Deputy Fire Chief Jcanavan@poway.org APPROVED APPROVED AS AMENDED ❑ (SEE MINUTES) DENIED ❑ REMOVED ❑ CONTINUED RESOLUTION NO. 10� DD$ SUBJECT: Approval of Contract with City of San Diego for Fire/EMS Dispatch Services Summary: The Safety Services Department receives fire/EMS dispatch services from the City of San Diego. These services include: processing all fire, rescue, hazardous materials and medical -related emergency calls via the 911 Secondary Public Safety Answering Point (PSAP); computer-aided dispatch (CAD), automated resource selection and response mapping software; paging and messaging services; mobile data computer platform services; software for interface to fire station alerting and record management systems. These services are reviewed annually via a correspondence that describes the proposed services, outlines the cost -share formula and provides estimated fiscal cost for the upcoming year. There is no additional service agreement in place. Safety Services currently maintains sufficient funds for these costs in its operating budget and no additional funding is requested. In FY2018-19, these costs are $210,615. The format and content of the correspondence describes dispatch services with minimal detail and lacks basic components the Cities of Poway and San Diego would require in service agreements of this scope. Safety Services proposes a more detailed and descriptive services agreement be established. Representatives from both agencies have contributed to the development of the proposed Dispatch Services Agreement. Recommended Action: It is recommended that the City Council approve the contract with City of San Diego for Fire/EMS Dispatch Services and authorize the City Manager to execute all necessary agreements. Discussion: Since 1980, the City of San Diego has provided fire/EMS dispatch services to the Fire Department. Over the years, these services have significantly changed due to technological advancements, costs, industry practices and increase response demands. Today, dispatch services include: processing all fire, rescue, hazardous materials and medical -related emergency calls via the 911 PSAP; automated medical triage with call downgrading features; dynamic automatic vehicle location driven dispatch of closest resource to incident type; CAD with paging and messaging services; mobile data computer platform services including mapping, live response routing and pre -fire planning documentation; software for interface to fire station alerting and record management systems. Over the years, the City of San Diego has expanded similar dispatch services and technologies to other municipal fire departments including Chula Vista, 1 of 18 February 5, 2019, Item # 1.6 Fire/EMS Dispatch Services Agreement February 5, 2019 Page 2 Coronado, Imperial Beach, and National City. Each year, the Safety Services Department receives a correspondence from the City of San Diego that describes the proposed fire/EMS dispatch services and provides estimated fiscal cost for the upcoming year. The format and content of the existing correspondence is obsolete and in need of language that conforms to acceptable standards for service agreements of this scope. Representatives from Safety Services and the City of San Diego have collaborated on the creation of a new Dispatch Services Agreement and attachments. The proposed Dispatch Services Agreement has been developed with input from legal counsel representing both agencies. The proposed Dispatch Services Agreement includes two attachments, a Fiscal Year 2019 Annual Operating Plan and a Data Sharing Agreement. The new five-year Dispatch Services Agreement shall become effective retroactively to July 1, 2018 and expire on June 30, 2023. The term of the agreement may be extended for five additional years. During each year of the service agreement, the City of San Diego will provide the City of Poway with a revised Fiscal Year Annual Operating Plan with cost estimates for the upcoming fiscal year that can be used for planning purposes and budget consideration. These costs will continue to be part of Safety Services annual operating budget preparation and approval process. The purpose of the Data Sharing Agreement is to define the conditions for sharing dispatch information among the parties that have entered into dispatch service agreements with the City of San Diego. The term of the Data Sharing Agreement shall continue until the parties agree to amend or terminate the Agreement. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Sufficient funds have been secured in the FY2018-19 Safety Services Department operating budget (Account 501050-41050). Public Notification: A copy of this report was sent to the City of San Diego. Attachments: A. Attachment 1: Fiscal Year 2019 Annual Operating Plan B. Attachment 2: Data Sharing Agreement C. Resolution approving a contract with the City of San Diego for Fire/EMS Dispatch Services. Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Tina M. White Assistant City Manager City Attorney City Manager 2 of 18 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal corporation; and the City of Poway ("Agency'), a municipal corporation; (herein collectively known as "Parties" or individually as "Party'), for the provision of fire and emergency medical dispatch services. RECITALS WHEREAS, San Diego and Agency have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, if required by law, Agency, by way of Resolution Number dated , approved by its Poway City Council, resolved that Agency's interests would be best served by entering into an agreement with San Diego to outsource Agencys fire and emergency medical dispatch services to San Diego; and WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services; NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency and San Diego agree as follows: A. TERM. This Agreement shall become effective retroactively to July 1, 2018 and shall expire at midnight on June 30, 2023. The Parties shall review this Agreement every year to ensure applicability of all terms and policies. Any modification shall be set forth in writing and be signed by the Parties. The Agreement term maybe extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization of a contract extension and the authorization of Agency. B. OBLIGATIONS OF THE PARTIES. The descriptions herein outline specific aspects relevant to the performance of the emergency dispatch services by San Diego. San Diego adheres to State recommendations for call answering times and bases dispatcher staffing upon meeting those performance standards. To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the Fire and Emergency Medical Dispatch Services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes. Page 1 of 8 3 of 18 ATTACHMENT A February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY The dispatch services that will be provided by San Diego include: a) Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point ("PSAP"). b) Triaging medical calls using a triage process which includes: i. Automated triage with call downgrading features. ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances within Agency's jurisdiction, via an automated Computer Aided Dispatch ("CAD") to CAD interface. c) Dynamic Automatic Vehicle Location ("AVL") driven dispatch of closest available resource(s), across City lines, to given emergency, incident type(s), and location(s). d) Paging Services between San Diego's CAD and a messaging services interface. e) Fire Station Alerting via a CAD to a station alerting interface. San Diego will interface with Agency's existing, self -managed station alerting system given that it is supported by San Diego's existing interface system, currently USDD, and as an unsupported legacy option for WestNet. f) Mobile Data Computer ("MDC") or other mobile platform services including mapping, live -routing, and loading of Agency's self -managed pre -plans. g) Records Management System ("RMS") services for a CAD to a Fire RMS interface given that it is supported by San Diego's existing interface system, currently WATER, and a FireHouse interface as an unsupported legacy option. Agency will bear the costs for other new, unsupported interfaces if required. h) Additionally, Agency may receive a periodic download of CAD data. Agency acknowledges that this contract does not require San Diego to perform analysis of Agencys CAD or response data. However, San Diego may extend the use of secured Internet applications for viewing, analyzing and reporting Agencys CAD data ("web services"). These web services may include on-line dashboards and canned reports with pre -established data collection points, call for service statistics and/or other incident specific data. j) Any additional or special services provided are described in Addendum A. 2. Additional Services and Equipment. Additional services and equipment utilized in the performance or support of dispatch services may be provided by San Diego, as agreed to by the parties, which may include but is not limited to: equipment (modems, mobile data computers, phones, etc.), enterprise device management services, software applications and licenses. Page 2 of S 4 of 18 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY C. COMPENSATION AND PAYMENT SCHEDULE Agency agrees to pay to San Diego for services rendered under this Agreement on a fiscal year basis, defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide Agency with an Annual Operating Plan (Attachment 1) for the upcoming fiscal year. For Dispatching Services. San Diego shall be compensated for the performance of services and specified in Section 131 as a cost per call. Dispatch fees are subject to change each fiscal year based on the following: a) The adopted budget for personnel costs which includes fringe and overhead, and; b) Prior year actuals for non -personnel expenditures (NPE). Should the Agencys call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent). c) Should the Agency's call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE. 2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of Agency and which may also include connectivity and start-up costs. Agency may elect additional options in accordance with the "Annual Operating Plan." a) Costs will be calculated based on vendor fees per service or unit of equipment. b) Services and equipment fees are subject to change annually based on vendor rates. 3. Invoices & Due Date: San Diego shall provide to Agency, on a quarterly basis, an invoice statement for services rendered under this Agreement and payment by Agency shall be remitted thirty (30) days thereafter. If Agency disputes any charges it shall nonetheless remit the full amount without waiving its right to a return of the disputed amount. 4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and other evidence at all reasonable times. D. DATA SHARING. Data Sharing policies are outlined in the Data Sharing Agreement (Attachment 2). E. INDEMNIFICATION. In the performance of dispatching services, Agency agrees to defend, indemnify, protect, and hold San Diego and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency employees, Page 3 of 8 5 of 18 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of Agency, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that Agency's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of San Diego, its agents, officers, or employees. 2. San Diego agrees to defend, indemnify, protect, and hold Agency and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to San Diego employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of San Diego, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided, however, that San Diego's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of Agency, its agents, officers, or employees. F. RIGHT TO TERMINATE FOR CONVENIENCE Either Party may terminate the services agreed to pursuant to this Agreement by giving written notice of such termination to the other Party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing Parry. The termination of the services shall be effective one hundred & eighty (180) days after the receipt of this notice by the noticed Party. G. RIGHT TO TERMINATE FOR DEFAULT If either Party fails to perform or adequately perform any obligation required by this Agreement, that Partys failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the payment of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Parry fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement, and terminate each and every right of the defaulting Parry, and any person claiming any rights by or through the defaulting Parry under this Agreement. The rights and remedies of the non - defaulting Party enumerated in this paragraph are cumulative and shall not limit the non -defaulting Partys rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party. H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS To the extent appropriate in light of the rights and duties specified in this contract, and as applicable to particular parties, the following requirements shall apply: 1. Drug -Free Workplace. Agency agrees to comply with San Diego's Drug Free Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-277952 and incorporated into this Agreement by this reference. 2. ADA Certification. Agency hereby certifies that it agrees to comply with San Diego's "Americans With Disabilities Act" Compliance/City Contracts requirements set forth in Council Page 4 of 8 6 of 18 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference. I. PRODUCT ENDORSEMENT Agency acknowledges and agrees to comply with the provisions of San Diego's Administrative Regulation 95-65, concerning product endorsement.. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego. J. CONFLICT OF INTEREST Agency is subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. San Diego may determine that a conflict of interest code requires Agency to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, Agency shall submit the necessary documents to San Diego. 1. Agency shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 2. In connection with any task, Agency shall not recommend or specify any product, supplier, or contractor with whom Agency has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If Agency violates any conflict of interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects Agencyto liability to San Diego for attorney fees and all damages sustained as a result of the violation. K. MANDATORY ASSISTANCE If a third -party dispute or litigation, or both, arises out of, or relates in anywayto the services provided under this Agreement, upon either Party's request, the other Party, and its agents, officers, and employees agree to assist in resolving the dispute or litigation. Each Parts assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. Compensation for Mandatory Assistance. The Party seeking the assistance of the other Parry will reimburse the assisting Party for any fees and expenses incurred for required Mandatory Assistance as Additional Services. The Party seeking the assistance shall, in its sole discretion, determine whether these fees, expenses, and services rendered under this Section, were necessary due to the assisting Parry or its agents', officers', and employees' conductor failure to act. If the Parry seeking assistance determines that such fees, expenses, or services were necessary due to the other Parts or its agents', officers', and employees' conduct, in part or in whole, the Party seeking assistance is entitled to be reimbursed for any Page 5 of 8 7 of 18 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including either Parry's withholding of payment to the other. 2. Attorney Fees related to Mandatory Assistance. In providing each other with dispute or litigation assistance, a Party, or its agents, officers, and employees may incur expenses and/or costs. The other Party agrees that any attorney fees it may incur as a result of assistance provided under this Section (with the exception for attorney fees as provided in Section K, below) are not reimbursable. L. JURISDICTION, VENUE & ATTORNEY'S FEES The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney's fees in addition to any other award made in such suit or proceeding. M. ENTIRE AGREEMENT; AMENDMENTS This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein. This Agreement may only be amended in writing signed by both Parties. N. SEVERABILITY If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void. 0. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: To San Diego at: San Diego Fire -Rescue Department/ ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To Poway at: City of Poway Attn: Director of Safety Services PO Box 789 Poway, CA 92074-0789 8of18 With a copy to: San Diego Fire -Rescue Department Attn: Fire Chief 600 B Street, 131h Floor San Diego, CA 92101 With a copy to: City of Poway Attn: City Attorney 13325 Civic Center Drive Poway, CA 92064 Page 6 of 8 February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT - SAN DIEGO / POWAY IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of Poway. CITY OF POWAY, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway, a municipal corporation. Date signed: Tina White, City Manager I HERBY APPROVE the form of the foregoing Agreement, this day of 2018. Rutan & Tucker, LLP, City Attorney 0 Alan Fenstermacher, City Attorney CITY OF SAN DIEGO, A Municipal Corporation By: Colin Sto ell, Fire Chief Date signed: f/!l9ZV HERBY APPROVE the form of the foregoing Agreement, this V day of Q aV 2018. MARA W. ELIOTT, San Diego City Attorney By: � 4/ ' Noah J. B; ziei puty City Attorney 9 of 18 February 5, 2019, I m�# 1S6 DISPATCH SERVICES AGREEMENT- SAN DIEGO / POWAY ADDENDUM A In addition to the dispatching services outlined in Section B.1, San Diego will continue to provide to City of Poway use of the area backbone for San Diego's 700 / 800 Mhz Radio Communications System. This legacy item will remain in effect at no additional charge unless or until Agency opts. Page 8 of 8 10 of 18 February 5, 2019, Item # 1.6 0 •2 a d _m m N W H cr L ND N b W V jp 0 `o A 0 o ry o n O l2OW W � w w w w w w w w w w w w r m m o 0 0 0 0 0 0 0 o O. a 11 of 18 February 5, 2019, Item # 1.6 cr ND N b W N N N (V (V O w w w w p Q L Q o W' N O N, C u' m ov m N ?N LL. LL Q O F 11 of 18 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal corporation; and City of Chula Vista, City of Coronado, City of Imperial Beach, National City, and City of Poway (individually known as "Agency") that contracts for 911/Emergency Dispatching Services from San Diego Fire -Rescue Department, (herein collectively known as "Parties" or individually as "Party'). The purpose of this agreement is to define the conditions for sharing of dispatch information among the Parties, other public safety entities, and third -party vendors. RECITALS WHEREAS, San Diego provides Agency with fire and emergency medical dispatch services under the terms described in the Dispatching Services Agreement and, WHEREAS, San Diego will perform these services from the Metro Zone Emergency Command and Data Center (ECDC) which will become a custodian of dispatch data on behalf of Agency and, WHEREAS, emergency dispatch information is routinely shared across public safety agencies to more effectively and efficiently dispatch emergency resources within the region, NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: A. TERM. This Agreement shall become effective upon execution by the Parties and shall be binding upon all Parties hereto, until such time as the Parties agree to amend or terminate the Agreement. Any modification shall be set forth in writing and be signed by the Parties. If Agencies are no longer contracting for San Diego Dispatching Services, this agreementwill continue to apply to historical data collected while services were rendered. B. OBLIGATIONS OF THE PARTIES. 1. San Diego will maintain dispatch records and data in accordance with State and Federal regulations. 2. The parties understand and agree that their data will be collectively pooled in San Diego's CAD database, and will be visible to other Public Safety entities that access San Diego CAD data in the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and infrastructure support (currently CAD from CentralSquare, Vesta from AT&T, network support from San Diego's vendor, Zensar). Vendors may be subject to change. 3. The parties understand and agree that their data may be collectively pooled in a joint RMS (Records Management System) database (currently WATER Street Fire RMS), and may be visible to other Public Safety entities that access the database in the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and infrastructure support (currently FireView from CentralSquare, network support from San Diego's vendor, Zensar). Vendors may be subject to change. Page 1 of 5 12 of 18 ATTACHMENT B February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT 4. RCIP CAD Data Sharing. a) San Diego is a member of the Regional CAD Interoperability Program (RCIP), a CAD -to - CAD solution that connects participating San Diego regional emergency communication systems through a third -party vendor, and b) San Diego's membership in RCIP means that Agencys data contained in San Diego's CAD (e.g. unit location, unit status, active calls, call comments, response address, response type, problem nature, etc.) will be shared in real time with all current or future RCIP members, partners and vendors. Current RCIP members include: Heartland Communications Facility Authority (HCFA), San Diego Fire -Rescue Department (SDFD), North County Dispatch Joint Powers Authority (NCDJPA), San Diego County Fire (SDCF), and Escondido Fire Department. Current RCIP partners include American Medical Response (AMR) and San Diego Gas & Electric (SDG&E). The current RCIP vendor for technical support and maintenance of the RCIP network is, Kologik (a private corporation). RCIP members, partners, and vendors in turn may have their own members, partners, and vendors. 5. Internet Applications. San Diego may extend the use of secured Internet applications for viewing and analyzing CAD data for all its contracted agencies ("web services"). Examples of web services include VisiNet Browser (a real time and historical CAD view), FireVlew (data dashboards and reporting tools that include real-time and historical data), TabletCommand (incident command and resource management tool), INTTERRA, FirstWatch, as well as other applications that might be procured or developed. The specific applications, their nature, and availability are subject to change. Agency understands and agrees that they may choose not to utilize these services, however, in certain cases, Agency's data may still be visible to other contracted agencies who do use these services. 6. Data Use and Disclosure. a) Any CAD data from other public safety agencies or private companies that may be obtained from CAD views or data sharing applications shall only be used in the performance of each Agency's ascribed duties for the safety of the public, and that the Parties will not utilize said data for gain, either personal or corporate, other than that gain which is considered to be allowed to be made on behalf of our agencies. The Parties shall not use said data to obtain any perceived advantage or be used against any other Agency, public or private. b) Any individual agency's data will not be otherwise used, shared, published or released without that individual agency's written consent c) Public Records Acts requests will be referred to the respective Agency whose data is being requested for handling and response. d) Legal Obligations to Release. In the case where data release is required by law (e.g. search warrant or court subpoena), the Party being required to turn over data will notify any other respective Agency whose data is included in the mandated release and provide a courtesy copy of data prior to release. C. INDEMNIFICATION In the course of data sharing, the Parties agree to defend, indemnify, protect, and hold all other Parties and their agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Page 2 of 5 13 of 18 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT any Party's employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of any other Party, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that each Partys duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of any Party, its agents, officers, or employees. D. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by electronic mail, upon acknowledgment of receipt of electronic transmission or a reply e-mail; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: To San Diego at: With a copy to: San Diego Fire -Rescue Department / ECDC San Diego Fire -Rescue Department Attn: ECDC Deputy Chief Attn: Fire Chief 3750 Kearny Villa Road 600 B Street, 13th Floor San Diego, CA 92123 San Diego, CA 92101 To Chula Vista at: With a copy to: Agency Agency Name Name Title Title Street Address Street Address City, State ZIP City, State ZIP To Coronado at: With a copy to: Agency Agency Name Name Title Title Street Address Street Address City, State ZIP City, State ZIP To Imperial Beach at: With a copy to: Agency Agency Name Name Title Title Street Address Street Address City, State ZIP City, State ZIP To National City at: With a copy to: Agency Agency Name Name Title Title Street Address Street Address City, State ZIP City, State ZIP To Poway at: With a copy to: City of Poway City of Poway Attn: Director of Safety Services Attn: City Attorney PO Box 789 13325 Civic Center Drive Poway, CA 92074-0789 Poway, CA 92064 Page 3 of 5 14 of 18 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the following cities: CITY OF SAN DI i al Corporation By: Date signed: Colin Stowell, Fire Chief I HERBY APPROVE the form of the foregoing Agreement, this day of N e V 2018. MARA W. ELIOTT, San Diego City Attorney By: Noah J. Brazie , Dept ity Attorney CITY OF CHULA VISTA, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Chula Vista, and that I have read all of this Agreement and have executed it on behalf of the City of Chula Vista. 32 Name, Title Date signed: I HERBY APPROVE the form of the foregoing Agreement, this _ day of 2018. Name City Attorney A CITY OF CORONADO, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Coronado, and that 1 have read all of this Agreement and have executed it on behalf of the City of Coronado. am Name, Title Date signed: I HERBY APPROVE the form of the foregoing Agreement, this _ day of 2018. Name City Attorney Page 4 of 5 15 of 18 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT CITY OF IMPERIAL BEACH, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Imperial Beach, and that I have read all of this Agreement and have executed it on behalf of the City of Imperial Beach. Date signed: Name, Title I HERBY APPROVE the form of the foregoing Agreement, this Name City Attorney 0 CITY OF NATIONAL CITY, A Municipal Corporation day of 2018. I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of this Agreement and have executed it on behalf of the City of National City. 0 Name, Title Date signed: I HERBY APPROVE the form of the foregoing Agreement, this Name City Attorney M CITY OF POWAY, A Municipal Corporation day of 2018. I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway. By: Date signed: Tina White, City Manager I HERBY APPROVE the form of the foregoing Agreement, this _ day of , 2018. Rutan & Tucker, LLP, City Attorney 31 Alan Fenstermacher, City Attorney Page 5 of 5 16 of 18 February 5, 2019, Item # 1.6 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING FIRE/EMS DISPATCH SERVICES AGREEMENT BETWEEN THE CITY OF POWAY AND THE CITY OF SAN DIEGO WHEREAS, the City of Poway desires to continue providing a high level of responsive, cost-effective emergency and non -emergency fire/EMS response services to the residents and visitors of Poway; WHEREAS, since 1980, the City of San Diego has provided fire/EMS dispatch services to the Poway Fire Department and desires to continue accepting fire/EMS dispatch services from the City of San Diego; WHEREAS, representatives from the City of Poway and the City of San Diego collaborated in the development of an improved fire/EMS dispatch services agreement that conforms to acceptable standards for service agreements of this scope NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the City Manager is hereby authorized to execute all necessary agreements for Fire/EMS Dispatch Services between the City of Poway and the City of San Diego, substantially in form as presented at this meeting, with such changes as may be approved by the City Manager and City Attorney. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk 17 of 18 ATTACHMENT C February 5, 2019, [tern # 1.6 Resolution No. 19 - Page 2 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-"" was duly adopted by the City Council at a meeting of said City Council held on the 5'" day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: A. Kay Vinson, Interim City Clerk City of Poway 18 of 18 February 5, 2019, Item # 1.6