HomeMy WebLinkAboutItem 05 Fire_EMS Services Contracts Renewal AGENDA ITEM SUMMARY Meeting Date: 6/21/2021
Meeting Type: Regular Meeting
Staff Contact/Dept.: Chief Chris Heppel/FLS
Staff Phone No: 541-682-7115
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Strengthen Public Safety
by Leveraging
Partnerships and
Resources
ITEM TITLE: FIRE/EMS SERVICES CONTRACTS RENEWALS
ACTION
REQUESTED:
Authorize the City Manager to sign a new contract for Fire/EMS dispatch services
July 1, 2021 through June 30, 2026.
ISSUE
STATEMENT:
The Fire/EMS Dispatch Services-C160 contract will expire on June 30, 2021.
ATTACHMENTS: Attachment 1: #2826 Purchase of Services Contract – Fire/EMS Dispatch Services
DISCUSSION/
FINANCIAL
IMPACT:
The City of Eugene Police Department manages and staffs the Central Lane Public
Safety Answering Point (PSAP) system, which provides a fire reporting and radio
communications system. The City of Springfield contracts with the City of Eugene
for fire and emergency medical service (EMS) calls reception and dispatch services
for calls originating within the boundaries of the City of Springfield and its
designated ambulance service area.
The previous intergovernmental agreement was renewed annually from 2009 -
2021. The new contract will be in effect for five years and the annual service fee
will be amended each fiscal year. The total charge for Fire/EMS Dispatch Services
Contract Charges for FY22 is $725,735.90, which represents a 9.42% decrease
from FY21.
Rev. 2021 Contract #: 2022-03220 Page | 1
CITY OF EUGENE INTERGOVERNMENTAL CONTRACT
FOR PURCHASE OF SERVICES
Fire/EMS Dispatch Services
BETWEEN: The City of Eugene, (City) an Oregon Municipal Corporation
AND: City of Springfield, (Agency) an Oregon Municipal Corporation
CONTRACT NO.: 2022 – 03220
EXPIRATION DATE: June 30, 2026
RECITALS
A. ORS 190.010 provides that a unit of local government may enter into a written agreement with
any other unit or units of local government for the performance of any and all functions and
activities that a party to the Agreement, its officers, or agents have the authority to perform.
B. Agency provides fire protection and emergency services within its boundaries. Agency is one of
thirteen (13) rural fire districts within Lane County who need centralized fire reporting and radio
communications.
C. City's Police Department manages and staffs the Central Lane Public Safety Answering Point
(PSAP) system, which provides a fire reporting and radio communications system.
D. City desires to enter into a Contract with Agency to purchase the Services described in this
Contract and Agency is willing to provide such Services on the terms and conditions set forth
herein and in the following exhibits, which are listed in order of precedence:
Exhibit A: Scope of Services
Exhibit B: Dispatch Formula
Exhibit C: Fire Service Dispatch Contract Charges
Exhibit D: Invoicing and Payment
AGREEMENT
1. Services to be Provided. Agency agrees to provide the Services as described in Exhibit A, Scope
of Services
2. Term and Renewals. The initial term of the Contract is for five (5) years and shall expire, unless
terminated for renewed on the expiration date show in the caption of this Contract. Upon completion
Attachment 1, Page 1 of 8
Rev. 2021 Contract #: 2022-03220 Page | 2
of the initial term, the City may elect to extend the Contract for up to one (1) additional five-year term
by amendment and mutual agreement of the parties.
3. Consideration. Agency shall pay City an annual service fee for the Services performed by City
based on the adopted fee structure in the attached Exhibit B for each fiscal year (July 1-June 30).
The attached Exhibit C contains the annual service fee due the City from the Agency.
3.1. Except for the first fiscal year of this Contract, City shall provide Agency, through a written
amendment, the amount of the annual service fee (Exhibit C) for each subsequent fiscal year
no later than April 1 of the preceding fiscal year. As part of its annual process, City may amend
Exhibit B to account for its costs in providing Services to Agency. Should the number of Agencies
change during any fiscal, City may adjust Exhibit C accordingly.
3.2. Agency shall make progress payments outlined in Exhibit D, based on invoices from City.
Agency's payment shall be made within 30 days after City's invoice.
4. Termination. Upon ninety (90) days' prior written notice delivered to the persons designated herein,
either party, without cause, may terminate its participation in this Contract. In the event of termination,
Agency shall pay City for Work performed to the date of termination and shall issue such payment to
City on or before the date of termination.
5. Force Majeure. Neither City nor Agency are responsible for any failure to perform or for any delay in
the performance of any obligation under this Agreement caused by public health emergency, fire, riot,
acts of God, terrorism, war, or any other cause which is beyond the breaching party’s reasonable
control. Agency shall, however, make all reasonable efforts to remove or eliminate the cause of
Agency’s delay or breach and shall, upon the cessation of the cause, continue performing under this
agreement. City may terminate this Agreement upon written notice to Agency after City reasonably
determines that the delay or breach will likely prevent successful performance of the Agreement.
6. Indemnification. To the extent legally possible, Agency and City shall indemnify and hold the other,
its officers, agents and employees, harmless from and against any and all claims, actions, liabilities,
costs, including attorney fees, and other costs of defense, arising out of or in any way related to any
act or failure to act by each other and each other's employees, agents, officers and Contractors. The
foregoing is not intended to waive any limitation on liability that either party may have under the
Oregon Constitution, Oregon Tort Claims Act or other Oregon law.
7. Assignment. Neither party shall assign this contract, in whole or in part, or any right or obligation
hereunder, without the other party's prior written approval.
8. Compliance with Laws. Agency shall comply with all applicable federal, state, and local laws, rules,
ordinances, and regulations at all times and in the performance of the Work.
9. Notices. Any notice permitted or required by the Contract shall be deemed given when personally
delivered or upon deposit in the United States mail, postage fully prepaid, certified, and with return
receipt requested, to the persons and addresses shown below. In addition, if directions for telephonic
or electronic transmission (fax or email) are set forth below, notices may be delivered by fax or email.
Notices sent by certified mail will be deemed delivered three business days after placement in the
Attachment 1, Page 2 of 8
Rev. 2021 Contract #: 2022-03220 Page | 3
mail and notices sent by fax or email will be deemed delivered when successful transmission is
electronically confirmed. Except as expressly provided in the Contract, required notices must be
signed by the person designated to receive notices, or that person’s designee or attorney.
Agency: Interim Chief Chris Heppel
1705 W 2nd Ave.
Eugene, OR 97402
541-682-7100
khunter@springfield-or.gov
City: Finance Manager for Contract Administration
300 Country Club Rd
Eugene, OR 97401
541-682-5308
EPDFinance@ci.eugene.or.us
Project Manager for Operations
Rob Poirier
541-682-2767
RPoirier@eugene-or.gov
Each party shall notify the other of any change in the name, address or fax or email instructions to be
used for delivery of notices.
10. Arbitration. Any controversy regarding the terms and conditions of this Agreement shall be submitted
to arbitration. Any party may request arbitration by written notice to the other. If the parties cannot
agree on a single arbitrator within 15 days from the giving of notice, each party shall within five days
select a person to represent that party and the two arbitrators shall immediately select a third impartial
person to complete a three-member arbitration panel. If the two arbitrators cannot agree within 15
days on the third arbitrator, then either party may petition the Presiding Judge of the Lane County
Circuit Court to select the third arbitrator. The panel shall conduct the arbitration in accordance with
the provisions of ORS Chapter 33, or the corresponding provisions of any such future law. The
arbitrator(s) shall assess all or part of the cost of the arbitration, including attorney fees, to any or all
parties.
11. Jurisdiction and Venue. All actions relating to this contract shall be tried before the courts of the
State of Oregon to the exclusion of all other courts which might have jurisdiction apart from this
provision. Venue in any action shall lie in the Circuit Court of Lane County, Oregon.
12. Integration. This Contract embodies the entire Agreement of the parties. There are no promises,
terms, conditions, or obligations other than those contained herein. This Contract shall supersede all
prior communications, representations, or agreements, either oral or written, between the parties.
This Contract shall not be amended except in writing signed by both parties.
13. Interpretation. This Contract shall be governed by and interpreted in accordance with the laws of the
State of Oregon.
Attachment 1, Page 3 of 8
Rev. 2021 Contract #: 2022-03220 Page | 4
14. No Third-Party Beneficiaries. The parties do not intend, by entering into this contract, to create or
confer rights on any third-party beneficiaries. Only the signatories to this Agreement shall be entitled
to exercise any right under, or enforce any provision of, this Agreement
15. Survival. All rights and obligations of each party which arises under this Agreement, and which are
not satisfied or performed prior to expiration or termination hereof shall survive the expiration or
termination of this Agreement.
CITY OF EUGENE AGENCY
Signature:
Signature:
Print Name:
Sarah Medary
Print Name:
Title:
City Manager
Title:
Date:
Date:
6/3/2021
Attachment 1, Page 4 of 8
Rev. 2021 Contract #: 2022-03220 Page | 5
EXHIBIT A: SCOPE OF SERVICES
Services
City will provide equipment and personnel necessary to complete radio transmitting and receiving
services required for rapid and efficient dispatch of fire/EMS resources.
A. Performance Standards. The following performance standards will be reported to Agency on
quarterly basis:
• Call answer to call entry time
• Call answer to dispatch time
• Rate of Accuracy in providing Emergency Medical Dispatch (EMD) instructions
B. Call Statistics. Call statistics will be provided to Agency on a monthly basis. Disputed call counts
shall be reported to City within 30 days of receipt of monthly report. City will review validity of calls in
question and reach a mutual agreement with Agency within 30 days of notification of disputed calls.
C. City will provide Agency a final report containing total call count for the previous fiscal year no later
than July 31st of each year for review. Any discrepancies with the final report must be resolved by
September 30th, at which time the information contained in the report will be utilized to determine cost
distribution for Agency for the fiscal year beginning the following July 1st.
Example: Call counts for the fiscal year 2021 (July 2020 – June 2021) will be used to calculate rate
distribution for fiscal year 2023 (July 2022 – July 2023).
Attachment 1, Page 5 of 8
Rev. 2021 Contract #: 2022-03220 Page | 6
EXHIBIT B: Dispatch Formula
The formula used to allocate operational costs for the Central Lane Communications Center (CLCC) was
developed in 2021 by the City of Eugene and was accepted by the Lane Fire Defense Board as the
replacement to the previous methodology of cost allocation. Under the formula developed in 2021, direct
and indirect costs associated with the Fire/EMS dispatching function to each user jurisdiction based on
the number of Calls for Service (CFS). The definition of a CFS was subsequently updated from the Calls
per Dispatch method, to the Calls per Boundary method of calculating CFS. This updated CFS method
assigns ownership to a single jurisdiction for each CFS, rather than potentially assigning multiple CFS in
the event of mutual aid, except where a fire district and ambulance service area are separate agencies.
As wage adjustments, inflation, equipment costs, staffing levels, and other related factors may affect the
cost of providing fire dispatch services, the contract rate for each jurisdiction will be recalculated annually
with up-to-date program costs, call data, population, and valuation figures using the formula outlined
above.
Program costs will be the projected budget for the contract year, and call data will be actual calls from
the previous fiscal year.
All user jurisdictions will be invited to participate in an annual meeting to review the proposed cost
allocation for the following fiscal year. This meeting will be held no later than April 1st of each year.
Attachment 1, Page 6 of 8
Fire District Cost Allocation FY22 Updated: 3/16/2021
CLCC Fire Allocable Cost FY22 $3,162,342.02
Cost per Call $57.97
Fiscal Year FY223 FY22 FY22 FY20-22 FY21 FY21 FY21
City & Rural Fire Districts Calls for Service
(CFS)1
Fire Disctrict
Allocaiton %
FY22 Total
Charge
3-Year AVG
(CFS)
Prior Year Charge
(FY21)
Prior Year %
Change
Prior Year $
Change
COBURG (CBF)349 0.64% $20,230.18 386 $29,095.00 -30.47% -$8,864.82
SOUTH LANE (CWF)4,409 8.08% $255,572.65 4,404 $246,569.00 3.65% $9,003.65
DEXTER (DEF)337 0.62% $19,534.58 447 $26,709.00 -26.86% -$7,174.42
EUGENE, CITY OF (EGF)27,564 50.53% $1,597,778.31 29,136 $1,714,984.00 -6.83% -$117,205.69
PLEASANT HILL/GOSHEN (GOF)846 1.55% $49,039.34 972 $53,317.00 -8.02% -$4,277.66
JUNCTION CITY FIRE (JCF)2 1,329 2.44% $77,036.98 N/A N/A N/A N/A
LAKE CREEK (LCF)45 0.08% $2,608.48 47 $3,752.00 -30.48% -$1,143.52
Lane Fire Authority (LFA)5,611 10.29% $325,247.93 5,848 $333,532.00 -2.48% -$8,284.07
LORANE (LOF)86 0.16% $4,985.09 86 $5,391.00 -7.53% -$405.91
LOWELL (LWF)243 0.45% $14,085.77 363 $24,432.00 -42.35% -$10,346.23
MCKENZIE (MKF)707 1.30% $40,982.05 783 $57,976.00 -29.31% -$16,993.95
MOHAWK VALLEY (MVF)340 0.62% $19,708.48 397 $29,366.00 -32.89% -$9,657.52
SPRINGFIELD, CITY OF (SPF)12,520 22.95% $725,735.90 14,966 $801,185.00 -9.42% -$75,449.10
UPPER MCKENZIE (UMF)169 0.31% $9,796.28 259 $17,687.00 -44.61% -$7,890.72
Total 54,555 100.00%$3,162,342.02 60,362 $3,343,995.00 -5.43%-$181,652.98
Footnotes
1. Based on two years prior FY20 CFS statustics. Ex: FY20 billing period based on FY18 CFS statistics.
2. Junction City Fire (JCF) added, effective April 1, 2021.
3. Calls for Service (CFS) methodology changed from Calls per Dispatch method to Calls per Boundary method for FY22 billing cycle, effective July 1, 2020.
Historical Notes: Blue River included in Upper McKenzie fire district; EAS included in Upper McKenzie Fire District (UMF) effective Jule 1, 2013; Harrisburg (CITY) (HAF) inlcuded in Lane Fire Authority (LFA);
Harrisburg (RFD) included in Harrisburg (City) (HAF); Lake District #1 included in Lane Fire Authority, effective July 1, 2013; Lane Rural Fire (LRF) included in Lane Fire Authority, effective July 1, 2013;
Pleasant Hill Fire (PHF) included with Goshen effective FY19; Santa Clara Fire (SCF) merged with Lane Fire Authority (LFA) effective in FY19; Upper McKenzie Fire District (UMF) includes Mckenzie & Blue River
(formerly Blue River Water District), effective June 30, 2011 and EAS, July 1 2013.
EXHIBIT C: Fire Service Dispatch Contract Charges
Attachment 1, Page 7 of 8
Rev. 2021 Contract #: 2022-03220 Page | 8
EXHIBIT D: Invoicing and Payment
Agency shall choose desired invoice and payment option plan outlined below. City shall issue invoices
to Agency according to the chosen invoice and payment option plan.
Please choose a billing plan. Check only one box. Agency agrees to the terms and schedule of the plan
it checked.
Plan 1: Three invoices, 30 days NET, sent:
September 1, 2021 – 34% of total amount due.
December 1, 2021 – 33% of total amount due.
March 1, 2022 – 33% of total amount due.
Plan 2: One invoice, 30 days NET, sent:
September 1, 2021 – 100% of total amount due.
Plan 3: One invoice, 30 days NET, sent:
December 1, 2021 – 100% of total amount due.
Plan 4: One invoice, 30 days NET, sent:
March 1, 2022 – 100% of total amount due.
Payments
Payments must be received on or before due date to:
City of Eugene
Central Services Division │Finance
100 W 10th Ave, Suite 400
Eugene, OR 97401
All payments not received by the fifth day following the due date will be considered delinquent and may,
at City's discretion, be assessed an interest charge of 1.5% per month until paid.
Attachment 1, Page 8 of 8