Agreement No. 07-502

When recorded mail to:
Official Records of Maricopa County Recorder

ADRIAN FONTES
20190480587 06/26/2019 09:54

ELECTRONIC RECORDING

HOLD FOR PICK UP
CITY OF PHX. ACCT #34 150288-19-1-1--

CAPTION HEADING: inrercoveRMENTAL AGREEMENT
BETWEEN THE CITY PHOENIX AND THE CITY OF CHANDLER FOR THE PHOENIX FIRE
DEPARTMENT REGIONAL DISPATCH SYSTEM
AGREEMENT 07-502
CITY OF PHOENIX CLERK FILE NO. 150288--0

DO NOT REMOVE

THIS IS PART OF THE OFFICIAL DOCUMENT.

150288--0

INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF PHOENIX
AND
THE CITY OF CHANDLER
FOR THE PHOENIX FIRE DEPARTMENT REGIONAL DISPATCH SYSTEM —

AGREEMENT NO, _017 - 302

This_ Intergovernmental Agreement (“IGA”) is entered ‘into this ie day of

ant , 2019, by and between the City of Phoenix, for and on behalf of the
Phoenix Fire Department (“the City”), and the City of Chandler, for and on behalf of the
Chandler Fire Department (“the Agency”). Throughout this Agreement, the City and the
Agency individually may be referred to as “Party” and may be referred to collectively as
“Parties” to this Agreement. All entities that enter into an agreement with the Phoenix Fire
Department for dispatch services, as listed herein in Exhibit A, will form the “Phoenix Fire
Department Regional Dispatch System’.

RECITALS

WHEREAS, the City Manager of Phoenix, is authorized and empowered by provisions of
the City Charter to execute contracts; and,

WHEREAS, the City is authorized and empowered to enter into intergovernmental

agreements for the provision of services or for joint or cooperative action pursuant to

Arizona Revised Statutes (A.R.S.) §11-952. The City is also authorized and empowered
. pursuant to Chapter 2, Section 2 (i), of the Charter of the City of Phoenix; and,

WHEREAS, agreements for mutual assistance and intergovernmental cooperation in
public safety areas, including operations and management of fire and police, or the public
safety related agencies have existed between municipalities and governmental
jurisdictions; and, .

WHEREAS, it is the desire of the municipalities, governmental jurisdictions, agencies and
fire districts participating in this Agreement, to work together for mutual benefit of the
public, Agency’s community and all of the Agency's personnel; and,

WHEREAS, the Agency desires to participate in the Phoenix Fire Department Regional
Dispatch System in order to more effectively provide emergency fire, medical and other
services; and,

WHEREAS, the City desires the participation of the Agency to more effectively provide
emergency fire, medical and other services; and, :

Last revised: March 26, 201 a.

WHEREAS, Ordinance No. 83-46 62 dated _Juine Sy QO\4G__ authorized the City
to enter into an agreement with the City of Chandler for participation in the Phoenix Fire
Department Regional Dispatch System.

AGREEMENT

NOW THEREFORE, in consideration of the mutual promises, inducements, covenants,
agreements, conditions and other good and valuable consideration, the receipt and
sufficiency which is acknowledged, the Parties agree as follows:

ARTICLE |. PURPOSE

- 1. This Agreement is to enhance the effectiveness of public safety through consistency
in emergency dispatch of fire department resources throughout the region.

2. The purpose of this Agreement is to define the dispatch service and support that will
be provided by the Phoenix Fire Department (“PFD”) to the Agency. The Phoenix Fire
Department Regional: Dispatch Center (“PFDRDC”) utilizes a Computer Aided
Dispatch (“CAD”) and Global Positioning System to process and dispatch requests for
assistance to fire, medical and other non-police emergencies. The PFDRDC is a
secondary Public Safety Answering Point (“PSAP”) for the metropolitan Phoenix
region that can receive information from multiple primary PSAP locations within the
region. .

3. Agencies choosing to be dispatched by the PFDRDC and have likewise chosen to
participate in the separately agreed to Regional Metropolitan Phoenix Fire Service
Automatic Aid Agreement, will comprise the Central Arizona Life Safety Council
(CASLSC). .

4. The objective of CALSC is to provide the most effective and efficient use of all
participant’s fire department resources within the Phoenix Metropolitan region. This
objective is met by the automatic dispatch of the closest, most.appropriate resources
meeting the needs of requested emergency responses, regardless of jurisdictional
boundaries of those jurisdictions that choose to participate in the Regional
Metropolitan Phoenix Fire Service Automatic Aid Agreement.

5.: Agencies choosing to be dispatched by the PFDRDC and are not a member of the
CASLSC will be viewed as a mutual aid jurisdiction and dispatched accordingly.

ARTICLE Il. STATEMENT OF SERVICES

1. Dispatch Services:
1.1 The City agrees to provide dispatching services for Agency's fire department

apparatus, and vehicles for emergency responses within that Agency’s
jurisdiction.

Last revised: March 26, 2019

1.2 Any request by the Agency for the support of a planned event or other activities
that will require additional personnel or resources beyond the standard service
provided by the City will be evaluated for the impact to the system. If, after
evaluation, it is determined that the request will have a negative impact on
standard operations and will require additional personnel or materials to
adequately support the request, the requesting Agency will be responsible for all
costs. A thirty (30) day notice is required for any request for support of a planned
event. :

1.3 Pursuant to this Agreement and as a condition of participation, Agency is
required to participate in the Regional Metropolitan Phoenix Fire Service
Automatic Aid Agreement, or participate in a Mutual Aid Agreement with
neighboring jurisdictions, and agrees. to comply with all requirements of those
respective agreements.

1.4 Pursuant to this Agreement and as a condition of participation, Agency agrees.to .
conform to the Phoenix Regional Standard Operating Procedures also known as
Volume II made available as described in Exhibit B.

2. Technical Services:

2.1 The System utilizes a CAD system, which in turn utilizes standardized
components consisting of Mobile Computer Terminals (“MCTs’”), a station
alerting package and direct network connections over dedicated circuits among ~
each Agencies’ fire stations and the PFDRDC. To facilitate dispatch, and as a
condition of participation, Agency is required to provide for all needed
infrastructure compatible with the System. Any agency currently receiving
dispatch services will be required to provide direct network connection.

2.1.1. Acceptable forms of. direct network connections include: dedicated
leased-line, microwave, metro-optical Ethernet.

2.1.2 Non-acceptable forms of direct network connections include: wireless
connections, such as LTE, cable modem, DSL, satellite, and/or dial up
telephone.

2.1.3 Agencies currently receiving dispatch services on a non-acceptable form
of a direct network connection will have 12-months to remedy the situation
with an acceptable direct network connection.

2.2. Upon entering into an agreement the City will provide a technical assessment of
Agency’s initial equipment needs. After the assessment, Agency will be provided
a written requirements document and will further be responsible to provide all
equipment assessed as needed for all of Agency’s stations, apparatus and
vehicles to facilitate dispatching. If the Agency, for any reason, cannot provide

Last revised: March 26, 2019

2.3

for all the initial and ongoing needed equipment as required by the City, the
Agency cannot participate in this Agreement.

Further, if any future expansion or_alteration to existing services are requested,

~ a written request must be submitted to Phoenix Fire Department Technical

Services. After receipt of request, the City will perform an asséssment to |
determine equipment requirements. After the assessment is complete, Agency
will be provided a written requirements document, Agency must provide all
equipment assessed before any services will be provided.

The City will assist the Agency with coordination and installation of initial and any
future equipment needs for Agency's fire stations, apparatus or vehicles.
Installation services will be billed on a Time and Materials cost structure. All new
additions to Agency's initial base equipment inventory will require a 180-day

- written notice prior to equipment being placed in service. Additionally, outside

2.4

2.5

2.6

2.7

2.8

vendors approved by the Phoenix Fire Technical Services Section may be
utilized by either Phoenix or the Agency. All equipment provided by an outside
vendor must meet the Phoenix Fire Departments Technical Services
specifications.

Beginning January 1, 2020 all initial and subsequent purchases of equipment will
be the responsibility of the Agency.

Agency shall not, without the prior written consent of the City and the system
hardware/software providers, copy or reproduce the hardware, software or
firmware used within the System, or make such items available to others in
whole, or in part. ;

Agency agrees that the requirements of this Section will be incorporated into all '
subcontractor/sub consultant agreements entered into by the Agency. It is further
agreed that a violation of this Section will be deemed to cause irreparable harm
that justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice.

The obligations of Agency under this Section will survive the termination of this
Agreement.

Other communications equipment, including, but not limited to, apparatus radios,
portable radios and system infrastructure, which may be necessary for Agency’s
deployed apparatus to function within the System, but not defined within this
Agreement and not necessarily needed by the City to conduct dispatch, are the
sole responsibility of the Agency. Purchase and maintenance of such equipment
to ensure interoperable communications consistent with Standard Operating
Procedure Phoenix Fire Department Volume 2 are required of the Agency.

Last revised: March 26, 2019

3. Other Items: ;
3.1 If Agency intends to expand its original geographical and/or jurisdictional
boundaries, that will require a change in service, that Agency is required to
provide a 180-day written notice to allow for programing changes to the CAD

system. .

It is understood that such an expansion may necessitate a new assessment as
described in Section 2-Technical Services. It is further understood by the Agency
that an increase to the geographical and/or jurisdictional boundary may lead to
an increase to the charges and fees as determined by the City.

3.2 The City agrees to install and maintain the Agency’s geographical databases,
"necessary for processing dispatches. Agency is responsible to provide any
geographical database information, including updates to the Phoenix Fire
Department’s Technical Services section, within one-hundred eighty (180) days

of receipt.

3.3 Dispatch equipment covered under this Agreement that is damaged or rendered
unserviceable by the City through improper repair, or otherwise, shall be
repaired/replaced at no cost to the Agency.

3.4 Dispatch equipment covered under this Agreement that is damaged or rendered
unserviceable by the Agency through improper repair, or otherwise, shall be
repaired/replaced at no cost to the City.

3.5 The Agency will be responsible for any lost, stolen, or damaged equipment to
City of Phoenix owned equipment installed on a temporary or permanent basis
at the Agency's facilities.

3.6 The City will provide management information reports to the Agency that are
consistent with Phoenix Fire Department reporting.

3.7 CAD Agencies will receive the following PCMSS licenses:
3.7.1 one (1) free PCMSS license for each fire station
3.7.2 one (1) free PCMSS license for each battalion office
3.7.3 one (1) free administrative license —

Any additional PCMSS licenses requested and installed at a CAD Agency facility
will be billed $200/license per year.

Last revised: March 26, 2019

3.8 Any costs associated with utility company circuits, connections and monthly
services, as a result of participation in this Agreement, shall be borne by Agency
as necessary.

3.9 Inthe event that this Agreement is terminated, all devices and related equipment
provided by the City and not originally purchased by the Agency, shall be
returned as the sole property of the City. The City will not be obligated to
reimburse monies already collected under this Agreement.

3.10 Upon the Agency’s request, the City will provide an electronic copy of the
Phoenix Fire Department Hydrant Map and Street Guide Book for Agency's
emergency response unit.

3.11 The Parties are aware that other jurisdictions may enter into an agreement with
the City and be added to the System at the sole discretion of the City.

3.12 During the course of this Agreement, the underlying technology supporting
systems and equipment covered under this Agreement may become obsolete as
a result of advances in technology (“Technology Obsolescence’). In the case of
Technology Obsolescence, the evolution of a newer technology generation and
the associated costs will be the subject of amendments to this Agreement.

ARTICLE Ill. TERM OF THE AGREEMENT

1. Term: :
This Agreement shall commence on the Effective Date referenced above, regardless
of the date of recordation with the Maricopa County Recorder's Office, and shall
continue in force through December 31, 2027, or until terminated by formal act of the
’ Parties.

2. Termination: :
Pursuant to the provisions of AR.S § 38- 511, either party may terminate this

Agreement by providing one hundred eighty days (180) written notice to the other
parties Fire Chief.

ARTICLE IV. GENERAL TERMS AND CONDITIONS

1. Governing Law; Forum; Venue: :
This Agreement is executed and delivered in the State of Arizona, and the substantive
laws of the State of Arizona (without reference to choice of law principles) will govern
their interpretation and enforcement. Any action brought to interpret or enforce any
provision of this Agreement that cannot be administratively resolved, or otherwise
related to or arising from this Agreement, will be commenced and maintained in the
state or federal courts of the State of Arizona, Maricopa County, and each of the

Last revised: March 26, 2079 | 6 |

Parties, to the extent permitted by law, consents to jurisdiction and venue in such
courts for such purposes.

. Implied Contract Terms:

Each and every provision of law and any clause required by law to be in this Contract
shall be read and enforced as though it were included herein, and, if through mistake
or otherwise, any such provision is not inserted, or is not correctly inserted, then upon
the application of either Party, the Contract shall be physically amended to make such
insertion or correction.

. Parol Evidence:

This Contract is intended by the undersigned Parties as the final expression of their
agreement and is intended to be the complete and exclusive statement of the terms
of the agreement between the Parties. No course of prior dealings between the
Parties and no usage in the trade shall be relevant to supplement or explain any term
used in this Contract. Acceptance or acquiescence in a course of performance
rendered under this Contract shall not be relevant to determine the meaning of this
Contract even though the accepting or acquiescing Party has knowledge of the nature
of the performance and the opportunity to object. -

. Confidentiality and Data Security:

4.1 All data, regardless of form, including originals, images and reproductions,
prepared by, obtained by, or transmitted to the Agency in connection with this
Agreement is confidential, proprietary information owned by the City. Except as
specifically provided in this Agreement, the Agency will not disclose data
generated in the performance of the Services to any third person without the prior
written consent of the City Manager, or his/her designee.

4.2 Personal identifying information, financial account information, or restricted City
information, whether electronic format or hard copy, must be secured and
protected at all times to avoid unauthorized access. At a minimum, Agency must
encrypt and/or password protect electronic files. This includes data saved to
laptop computers, computerized devices or removable storage devices. When
personal identifying information, financial account information, or restricted City
information, regardless of its format, is no longer necessary, the information must
be redacted or destroyéd through appropriate and secure methods that ensure
the information cannot be viewed, accessed, or reconstructed.

4.3. In the event that data collected or obtained by the Agency in connection with this
Agreement is believed to have been compromised, Agency will notify the City
Privacy. Officer immediately. Agency agrees to reimburse the City for any costs
incurred by the City to investigate potential breaches of this data and, where

’ applicable, the cost of notifying individuals who may be impacted by the breach.

Last revised: March 26, 2019

4.4 Agency agrees that the requirements of this Section will be incorporated into all
subcontractor/sub consultant agreements entered into by the Agency. It is further
agreed that a violation of this Section will be deemed to cause irreparable harm
that justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice.

4.5 The obligations of Agency under this Section will survive the termination of this
Agreement.

. Third-Party Beneficiary Clause: ;

The Parties expressly agree that this Agreement is neither intended by any of its
provisions to create any right of the public or any member thereof as a third Party
beneficiary, nor to authorize anyone not a Party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this
Agreement.

. Agreement Cancellation: ,
All Parties acknowledge that this Agreement is subject to cancellation by the City
pursuant to the provisions of A.R.S. § 38-511.

In addition, this Agreement may be terminated at any time by mutual written consent,
or by either Party, with or without cause, upon giving one hundred, and eighty-days
(180) written notice to the other Party. The City at its convenience, by written notice,
may terminate this Agreement, in whole or in part. If this Agreement is terminated, the
Agency will be liable under the provisions of this contract for services and material
rendered and accepted. All devices and related equipment provided by the City and
not originally purchased by the Agency, shall be returned as the sole property of the
City. The City will not be obligated to reimburse monies already collected under this
Agreement.

The City reserves the right to cancel the whole or any part of this Agreement due to
failure of the Agency to carry out any term, promise, or condition of the agreement.
The City will issue a written notice of default to the agency for acting or failing to act
as in any of the following:

e In the opinion of the City, the Agency provides personnel who do not meet the
requirements of the contract;

e In the opinion of the City, the Agency fails to perform adequately the
stipulations, conditions or services/specifications required in this agreement;

e Inthe opinion of the City, the Agency attempts to impose on the City personnel
or materials, products or workmanship, which is of an unacceptable quality.

Last revised: March 26, 2019 | 3 |

e Inthe opinion of the City, the Agency fails to make progress in the performance
~ of the requirements of the agreement and/or gives the City a positive indication
that the Agency will not or cannot perform to the requirements of the
agreement.

7. Fund Appropriation Contingency:
The Parties understand that the continuation of this Agreement is subject to the budget
of the Parties providing for the contract item as an expenditure. The Parties cannot
assure that the budget item for funding this Agreement will be approved in the future.
In such event, either Party may terminate this Agreement. :

8. No Joint Venture: :
No term or provision in this Agreement is intended to create a partnership, joint venture
or agency arrangement between any of the Parties.

9. Assignment and Delegation:
Neither this Agreement, nor any of its rights or obligations, may be transferred or
assigned by either Party without the prior written consent of both Parties. Any attempt
to assign this Agreement without prior written consent will be void and may result in
penalties up to and including termination of the Agreement. :

10. Entire Contract; Amendment, No Oral Modification:
This Agreement constitutes the complete agreement of the Parties. It supersedes all -
previous representations, understandings, and agreements, written or oral, relating to
the subject matter of this Agreement. This Agreement and its terms may not be
modified or changed except in writing signed by both Parties.

11. Invalidity of Any Provisions:
This Agreement will remain in effect even if one or more of its terms ¢ or provisions have
been held to be invalid or unenforceable. Such a holding will result in the offending
term or provision being ineffective to the extent of this Agréement, which would
subsequently be construed as though the invalid or unenforceable term or provision
never existed. Upon discovery by either Party of invalid terms or provisions, written
notice will be given to the other Party within ten (10) business days.

12. Independent Contractor Status:
The Parties agree that neither Party shall be deemed to be an employee or agent. of
the other Party to this Agreement and that the relationship created by this Agreement
is that of independent contractors. Neither Agency nor any of Agency’s agents,
employees or helpers will be deemed to be the employee, agent, or servant'of the
City. Agency, its employees and subcontractors are not entitled to worker's
compensation benefits from the City.

Last revised: March 26, 2019 | 9

13.Workers’ Compensation:

The Parties agree that it is the responsibility of each Party to ensure that its employees
are notified in accordance with the provision of Arizona Workers’ Compensation Law,
specifically, A.R.S. § 23-1022, or any amendment thereto, and that all such notices,
as required by such laws, shall be posted accordingly. That by signing this Agreement
and to ensure-compliance with the notice posting requirements, each Party grants
consent to all other Parties to inspect that Party’s respective premises and work places
upon request of any of the other Parties. However, nothing in this Agreement should
be construed as imposing a duty to inspect another Party’s respective premises and
work places, and this agreement does not create a joint or employer/employee
relationship between a Party and another Party’s employees.

_ 14. Severability:

The provisions of this Contract are severable to the extent that any provision or
application held to be invalid shall not affect any other provision or application of the
Contract which shall remain in effect without the invalid provision or application. .

15.Non-Waiver:
Any.City delay or failure to exercise or enforce any right, power, privilege, or remedy
under this Agreement may not be deemed a waiver, release, or modification of the
requirements of this Agreement or any of its terms or provisions.

16. Compliance with Laws:
The Agency will comply with all existing and subsequently enacted federal, state and
local laws, ordinances, codes, and regulations that are, or become applicable to this
Agreement. If a subsequently enacted law imposes substantial additional costs, a
request for an amendment may be submitted pursuant to this Agreement.

17. Transactional Conflict of Interest:
The Parties acknowledge that this Agreement is subject to cancellation provisions
pursuant to Arizona Revised Statutes (A.R.S.) §38-511, the provision of which are
incorporated herein and made a part hereof.

18.Compliance with Non-Discrimination Laws:
The Parties agree to comply with all applicable state and federal laws, rules,
regulations and executive orders governing equal employment opportunity, non- .
eet adal and affirmative action.

19. Equal Employment Opportunity and Equal Pay:
In order to do business with the City, the Agency must comply with Phoenix City Code,
1969, Chapter 18, Article V, as amended, Equal Employment Opportunity
Requirements. Contractor will direct any questions in regard to these requirements to
the Equal Opportunity Department, (602) 262-6790.

Last revised: March 26, 2019

20.Drug Free Workplace:
The Parties will comply with the Drug Free Workplace Act of 1988 and will permit
inspection of its personnel records to verify such compliance. A Party’s breach of the
above-mentioned warranty shall be deemed a material breach of the Agreement and
may result in the termination of the Agreement.

21.immigration Requirements:

The Parties will comply with the Immigration Reform and Control Act of 1986 (“IRCA”)
and will permit inspection of its personnel records to verify such compliance. To the
extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all
federal immigration laws and regulations that relate to its employees and compliance
with the E-verify requirements under A.R.S. § 23-214(A). Each Party has the right to
inspect the papers of the other Parties participating in this Agreement to ensure
compliance with this paragraph. A Party’s breach of the above-mentioned warranty

_ shall be deemed a material breach of the Agreement and may result in the termination
of the Agreement.

22. Legal Worker Requirements: :
The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an
agreement to any organization who fails, or whose subcontractors fail, to comply with
Arizona Revised Statutes § 23-214(A). Therefore, the Agency agrees that:

22.1 Each subcontractor the Agency uses warrants their compliance with all federal
immigration laws and regulations that relate to their employees and their |
compliance with Arizona Revised Statutes § 23-214,

22.2 A breach of warranty will be deemed a material breach of the Agreement and is
subject to penalties up to and including termination of the Agreement.

22.3 Only through an audit with the Agency, will the City retain the legal right to inspect
the papers of the Agency or subcontractor employee(s) who work(s) on this
Agreement to ensure that the Agency or subcontractor is complying with the
warranty.

23.Lawful Presence Requirement:

Pursuant to A.R.S. §§ 1-501 and 1-502, the City of Phoenix is prohibited from
awarding a contract to any natural person who cannot establish that such person is
lawfully present in the United States. To establish lawful presence, a person must
produce qualifying identification and sign a City-provided affidavit affirming that. the
identification provided is genuine. This requirement will be imposed at the time of
contract award. This requirement does not apply to business organizations such as
corporations, partnerships or limited liability companies.

Last revised: March 26, 2019

24.No Israel Boycott:
By entering into this Agreement, the Parties certify that they are not currently engaged
in, and agree for the duration of the Contract to not engage in, a boycott of Israel.

"25. Arbitration:
In accordance with A.R.S. § 12-1518, where applicable, the Parties agree to resolve

all disputes arising out of or relating to this Agreement through arbitration as required
’ by ALR.S. § 12-133.

ARTICLE V. PAYMENTS

1. Total Charges and Fees:
Agency understands the System is based upon a one hundred percent (100%) cost
recovery model and agrees to pay the City the following service fee structure as
referenced in Exhibit C titled “Fees and Charges”.

1.1 An Initial Technology Expenses Service Fee for all costs for all initial installation
for stations, apparatus and equipment needed to provide the dispatch service.

1.2 An Additional Technology Expenses Service Fee for all costs for any additional
(a) fire stations, (b) apparatus and (c) equipment added after initial purchase.

1.3 An Annual Dispatch Service Fee which will be based on the previous fiscal year’s
annual costs to operate the PFDRDC, this fee will be calculated as a per dispatch
cost and charged to the Agency based on the Agency’s previous Fiscal Year
dispatch totals.

1.4 An annual General Maintenance Service Fee for the maintenance and support
associated with parts and materials for each specific piece of equipment in the
Agency’s inventory. This fee will be calculated on a per unit charge. Each Agency
will be charged based on the total number of units of equipment assigned to the
Agency.

1.5 An annual Network System Fee for ongoing circuit costs, support, and
maintenance of the Phoenix Fire CAD and Dispatch Network. Each customer will
be charged based on the number of connections to the CAD and Dispatch
Network. :

1.6 Anannual CAD System Fee that will include the following;
1.6.1 CAD Modernization Service Fee to allow for the future development and
implementation of an upgraded CAD operating system will be charged.

This charge will be assessed per each dispatch received by the Agency
in the previous Fiscal Year. This fee will accrue until such time as needed

for a CAD system replacement.
Last revised: March 26, 2019

1.6.2 CAD Maintenance Service Fee for the ongoing support and maintenance
specific to the CAD system. This charge will be assessed per each
dispatch received by the Agency in the previous Fiscal Year.

1.7 An annual GIS and Data Analytics fee for the ongoing maintenance of the GIS
records and for data requests. This charge will be assessed per each dispatch
received by the Agency in the previous Fiscal Year.

1.8 A Planned Event fee will be charged on a time and materials basis for any
support of events outside the standard dispatch services provided by the City.
The requesting Agency will be provided a quote for services that are required to
support the event: Prior to any services rendered, the requesting Agency must
provide to the fe City an approved and signed quote for service.

. Billing:

2.1 The City will invoice the Agency quarterly in “accordance with the Schedule A
contained in Exhibit C of this Agreement. Exhibit C will be annually revised and
will become effective on July 1, of each year.

2.2 The City will advise the Agency of the estimated total fees and charges for the
coming fiscal year no later than December 1, of the previous calendar year. ‘The
Agency is responsible to verify its equipment counts and notify the City of any
discrepancies in counts by December 31, of the previous calendar year. The City
will provide written notice to the Agency of the finalized total fees and charges by
July 1 of each year.

2.3 The Initial or Additional technology fees will be invoiced upon completion of
requested project. :

2.4 The Planned Event fees will be invoiced upon completion of the event.

2.5 All fees associated with the dispatch‘or support of private entities contracted by
the Agency, i.e. privateambulance service or air ambulance service, will be the
responsibility of the Agency. These fees’ will be included in the Agency’s annual
schedule A and will be invoiced accordingly.

ARTICLE VI. INDEMNIFICATION

. Indemnification:

To the extent permitted by law, each party shall indemnify, defend, save and hold
harmless the other party and its officers, officials, agents, and employees from and
against any and all claims, actions liabilities, damages, losses, or expenses (including
court costs, attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily or personal injury (including death), or

Last revised: March 26, 2019

loss or damage to tangible or intangible property caused, or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of each party or any of its
respective owners, officers, directors, agents, employees or subcontractors.

ARTICLE VII. NOTICES

. Any notice, consent, or other communication (“notice”) required or permitted under
this Agreement must be in writing and either delivered in person, sent by facsimile
transmission, deposited in the United States. mail, postage prepaid, registered or
certified mail, return receipt requested, or deposited with any commercial air courier
or express service addressed as follows:

If to CITY: If to Agency:

Phoenix Fire Department Chandler Fire Department
150 South 12" Street 151 East Boston Street
Phoenix, AZ 85034 Chandler, AZ 85225

Attn: Kara Kalkbrenner Attn: Tom Dwiggins
Phoenix Fire Chief Chandler Fire Chief
Telephone: (602) 256-3189 Telephone: (480) 782-2120
Fax: (602) 262-4429 Fax: (480) 782-2150

Notice will be deemed received at the time it is personally served or, on the day it is
sent by facsimile transmission or, upon deposit-with any commercial air courier or
express service or, if mailed, ten (10) days after the notice is deposited in the United
States mail as provided above. Either Party may change its mailing address, fax
number, or the contact information for the person to receive notice by notifying the
other Party as provided herein. Notice sent by facsimile transmission must also be
sent by regular mail to the recipient at the above address. This requirement for
duplicate notice is not intended to change the effective date of the notice sent by
facsimile transmission. ‘

Last revised: March 26, 2019

IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.

CITY OF.PHOENIX, a municipal corporation
ED ZUERCHER, CityManager

By:

Fire Chief

APPROVED AS TO FORM:

An Lor

Acting City Attorney 0772.

CITY OF CHANDLER, a municipal corporation

Marsha Reed ‘
City Manager :

ATTEST:

( h A J
City Clerk, Chandler

APPROVED AS TO FORM:

PAQMMa Www
ata City Attorney, Chandler bw

ZO :8_ uy 2 Nai gigz
. . Last revised: March 26, 2019
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EXHIBIT A
PHOENIX FIRE DEPARTMENT REGIONAL DISPATCH SYSTEM AGENCIES

(2019 - 2020)

1 Arizona Fire and Medical (Sun City West Fire District,
North County Fire District, Wittmann Fire District, Sun
Lakes Fire District and Tonopah Fire District)

2 Avondale, City of :
3 Buckeye, City of

4 Buckeye Valley Fire District

5 Chandler, City of
6

7

8

Daisy Mountain Fire District
El Mirage, City of
Glendale, City of (Luke Air Force Base)

9 Goodyear, City of (Litchfield Park)
10 Guadalupe, Town of
11 Harquahala Fire District
12 Maricopa, City of
113 Peoria, City of
14 Phoenix, City of (Laveen Fire District, Paradise Valley)
15 Scottsdale, City of
16 Sun City Fire District (Youngtown)
17 Surprise, City of
18 Tempe, City of
19 Tolleson, City of

Last revised: March 26, 2019

, EXHIBIT B
PHOENIX REGIONAL STANDARD OPERATING PROCEDURE

Please call (602) 256-3189, or e-mail firechief.pfd@phoenix.gov to request “Phoenix
Regional Standard Operating Procedures”, also known as “Volume II”.

Last revised: March 26, 2019

EXHIBIT C
FEES AND CHARGES

City of Phoenix Fire Department
EX A M Pp L E Regional Dispatch Center Partners
Computer Aided Dispatch Consortium

Annual Dispatch, Equipment, System, and CAD Fees

Fiscal Year 2019/2020
EXHIBIT A.
INTERGOVERNMENTAL AGREEMENT
Tap
Schedule A Example
1. Dispatch Service Fee

PerDispatchFee Dispatch Count * Total
FO Dispatches $22.47 5,000, $212,380.00
Private Ambulance Dispatches $13.64 100 ‘$1,364.00
Helicopter Dispatches $13.64 10 $136.40
. ‘Total Dispatch Service Fees: $123,850.40

I. General Maintenance Service Fees

$/unit #Units Ext$

‘Station Pack Maint. - FD $9,300 s $46,500.00
Temp Station Pack Maint. - FD $9,300 1 ‘$9,300.00
MCT/AVL Maint. - FD $4,100 10 $41,000.00
Alrmobile Maint - FD. $4,100 s $20,500.00

Total Specific Maintenance Service Fees: $227,300.00

ill, Network System Fees

SLunit #Units Ets
‘Temp Station Pack Rental - FD $8,500 1 $8,500.00
Network System Fee- FD. : . $17,400 : 1 $17,400.00
Additional PCMSS licenses - FD $200 1 ‘$200.00
MCT Ute - FO $480 1 $480.00
Total Ne Fees: 8,500.
IV, CAD System Fees
Per Dispatch Fee itch Count ©
CAD Modernization Service Fee - FD . $5.00 5,000 $25,000.00
CAD Maintenance Service Fee - FD $1.00 5,000 $8,000.00

fotal sm Fees $30,000.00

V. GIS & Data Analytics Fees

GIS & Data Analytics Fee - FD

‘The Dispatch Service, Specific Maintenance, Network System, CAD System, and GIS & Data Analytics fees for the [Name of Agency] are $274,650.40. The
City of Phoenix will invoice the Name of Jurisdiction on a quarterly basis in the amount of $68,662.60,

Dispatch counts are calculated from the total number of dispatches occuring from July 2017 through June 2018,

Last revised: March 26, 2019