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HomeMy WebLinkAbout007-26 - Kitsap 911 - ContractKITSAP C E N C O M Kitsap 911 Public Authority OFFICE 360.307.5800 FAX 360.792.5982 911 Carver St. Bremerton, WA 98312 KITSAP911.ORG December 2, 2025 Noah Crocker, Finance Manager City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Dear Mr. Crocker: The 2026 user agency fees were approved and adopted by the Kitsap 911 Board of Directors on December 2, 2025. In accordance with Article IX of the Kitsap 911 bylaws (amended July 8, 2025) and Article I of your service agreement, the Department's Service Fee for 2026 is $139,445.91, which can be paid in advance either annually, or in payments of $ 34,861.48 per quarter. An updated Exhibit A of your service agreement is attached. These documents are the official billing document to your jurisdiction for payment of public safety dispatch and other services provided by Kitsap 911. If you have questions, please do not hesitate to call me. Respectfully, Maria Jameson -Owens Executive Director cc: Mayor Putaansuu, Chief Brown SERVICE AGREEMENT RE: EMERGENCY COMMUNICATION SERVICES This Agreement is made this day by and between Kitsap 911, a Washington Public Corporation, hereinafter "Kitsap 911" and the City of Port Orchard, a Washington State political subdivision, hereinafter, "Customer", I. RECITALS A. Kitsap 911 is a public corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW 35.21.730 through RCW 35.21.759; and B. The City of Port Orchard is a Washington municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 35; and C. Kitsap 911 is obligated to enter into this Service Agreement with Customer pursuant to Section IX of the Kitsap 911 Bylaws. D. Customer has requested that Kitsap 911 provide enhanced emergency 911 communications services including radio communication, dispatch, teletype service and telephone calls directed to the Customer and to refer those calls to Customer by radio or other appropriate means; and E. Kitsap 911 is willing to provide the requested enhanced emergency 911 communication services including radio communication, dispatch and teletype services and handle telephone calls as necessary and refer those to Customer by radio or other appropriate means; and F. Customer desires to engage the services of Kitsap 911, to provide such services; and G. Customer and Kitsap 911 recognize the mutual benefit of utilizing Kitsap 911's dispatching services to meet Customer's dispatching requirements and needs; and H. Customer will pay Kitsap 911 a fee based on the Service Fee Formula set forth in Exhibit IX of the Kitsap 911 Bylaws as more specifically set forth in Exhibit "A" attached hereto and incorporated herein, to have Kitsap 911 provide such services to Customer; NOW, THEREFORE, in consideration of the foregoing, and in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS Page 1 of 7 SERVICES II. AGREEMENT A. Communications Services. During the term of this Agreement, Kitsap 911 will provide Customer twenty-four (24) hour enhanced emergency 911 communications including call receiving, monitoring and emergency dispatching service for Customer's citizens, visitors and responders. Kitsap 911 shall be the primary public safety answering point for Customer. Kitsap 911 shall ensure all Federal Communications Commission (FCC) radio frequency licenses include authorization so that Customer can use Kitsap 911's primary dispatch channels. B. Technical Assistance. Kitsap 911 may provide technical expertise to Customer as may be required for proper operations of Customer's systems and for procurement of Customer's communications equipment. C. Law Enforcement Agency Data Communications. If Customer is a law enforcement agency, Kitsap 911 will provide information from the Washington State Patrol Law Enforcement Data Communications System. A. D. Customer Communications Equipment. - Refer to Exhibit B - Kitsap 911 Communication Equipment policy approved by Kitsap 911 Board of Directors. This policy may be updated by the Board with prior input from the Strategic Advisory Board (SAB). E. Operational Procedures. All operational procedures shall be determined and established by the SAB pursuant to Section VIII of the Kitsap 911 bylaws. Any disagreements regarding operational procedures that cannot be resolved by the SAB shall be sent for final determination to the Kitsap 911 Board. F. Billing and Non-payment. Customer shall be billed in accordance with Exhibit A for the upcoming calendar year. Unless otherwise agreed by the parties, Customer shall either (a) make four equal quarterly payments, each due by the last day of the respective calendar quarter, or (b) make one annual payment due by the last day of the first calendar quarter. If Customer becomes two (2) or more quarters past due, they shall be deemed delinquent. In such event, and after providing the notice and opportunity to cure as required by Section O of this Agreement, Kitsap 911 may terminate all services to the Customer and suspend the Customer's participation in Kitsap 911 operations. Notwithstanding such termination, SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS Page 2 of 7 SERVICES Customer shall remain liable for fees through December 31 of the calendar year following the year in which services are terminated. Customer further acknowledges that the fees set forth in Exhibit A are subject to change pursuant to Section IX(C) of the Kitsap 911 Bylaws. G. Provisions for Use. The Advisory Council on Criminal Justice Services and the Washington State Patrol have requested that all participating communications centers, such as Kitsap 911, which are terminal users of the Washington State Patrol Law Enforcement Data Communications Systems have certain provisions in their regulations and enabling Agreements concerning responsibility for such communication, therefore, the following is specifically agreed to: 1. Responsibility. Kitsap 911 shall bear full responsibility for insuring that the law enforcement data communications network and any Criminal History Records Information received by means of such network shall be used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(3) as now exists or may hereafter be amended. Kitsap 911 shall establish rules and regulations governing access to, security for, and operation of the data communications network for any Criminal Justice Records Information received by means of such network. H. Duration. This Agreement shall continue unless Kitsap 911 is dissolved or as otherwise provided in this section. 1. Termination. Except as otherwise specifically provided herein, Customer may terminate this Agreement upon at least one (1) year's written notice to Kitsap 911. If Customer terminates this Agreement, Kitsap 911 is not required to surrender any of its FCC licenses nor is Kitsap 911 obligated to agree to co -license the terminating Party on any of Kitsap 911's licensed frequencies. I. Insurance/Indemnification — Hold Harmless: 1. Insurance. The parties to this Agreement shall maintain during the life of this Agreement such general liability insurance as will provide coverage for claims for damages for personal injuries, including death, as well as for claims for damages to property which may arise directly or indirectly from performance of the work under SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS Page 3 of 7 SERVICES this Agreement. Policy limits shall be no less than $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage Liability. The parties shall provide each other a Certificate of Insurance or other appropriate documentation evidencing the coverage as set forth above if requested by a party. 2. Indemnification Clause — Customer. Customer does hereby agree to save harmless and defend Kitsap 911 from all claims and liability due to the negligent acts, errors, or omissions of Customer, its agents and/or employees. Such indemnity shall include, but not be limited to all out-of-pocket expenses incurred by Kitsap 911, including attorney's fees, in the event Customer fails or refuses to accept the tender of any claims brought against Kitsap 911, the basis for which are negligent acts, errors or omissions of Customer, its agents and/or employees. 3. Indemnification Clause — Kitsap 911. Kitsap 911 does hereby agree to save harmless and defend Customer from all claims and liability due to the negligent acts, errors or omissions of Kitsap 911, its agents and/or employees. Such indemnity shall include, but not be limited to, all out-of-pocket expenses incurred by Customer, including attorney's fees, in the event Kitsap 911 fails or refuses to accept the tender of any claims brought against Customer, the basis for which are negligent acts, errors or omissions of Kitsap 911, its agents and/or employees. 4. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 5. Kitsap 911 shall comply with all notice and other requirements of RCW 42.56.590, as now in effect and may be amended, in the event of a breach of the security of the system as defined by RCW 42.56.590. Such compliance shall be at the sole expense of Kitsap 911. Amendments. It is mutually agreed and understood that no alteration or variation of the terms of this Agreement shall be valid, unless made in writing, and signed by the Parties hereto, and that any oral understandings or agreements that are not incorporated herein, shall not be binding on either party. K. Contacts. Kitsap 911 SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS City of Port Orchard Police Department Page 4 of 7 SERVICES Maria Jameson -Owens 911 Carver Street W Bremerton, WA 98312 360-307-5800 Matt Brown, Chief 546 Bay Street Port Orchard, WA 98366 360-876-1700 L. Compliance with All Laws. Kitsap 911 and Customer shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. M. Maintenance and Audit of Records. Kitsap 911 and Customer shall maintain books, records, documents and other materials relevant to its performance under this Agreement which sufficiently and accurately reflect any and all direct and indirect costs and expenses incurred or paid in the course of performing this Agreement. These records shall be subject to inspection, review and audit by a Party or its designee, the Washington State Auditor's Office, and authorized federal agencies. Each Party shall retain all such books, records, documents and other materials as required by the Washington State Records Retention policy as established by the Washington Secretary of State. N. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving Party. Any express or implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. O. Default/Dispute Resolution. If either Kitsap 911 or the Customer fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non -performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion. In the event a default continues and/or any dispute arises (for anything other than non- payment) between the Parties, either Party may request in writing that the issue be resolved by mediation. If the parties are unable to resolve the dispute within ninety (90) days, then either party shall have the right to exercise any or all rights and remedies available to it in law or equity. SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS Page 5 of 7 SERVICES P. Governing Law. This Agreement shall be governed exclusively by the laws of the State of Washington. Q. Venue. The venue for legal action brought by any Party to this Agreement over non- payment, or any other dispute, shall be the Superior Court of Kitsap County, Washington. R. Assignment. The Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. Provided however, this prohibition shall not apply to an assignment pursuant to a consolidation of a Party to this agreement with another Party to this agreement. S. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and supersedes any and all previous agreements relating to the creation, funding, operation or maintenance of a regional emergency dispatch and communications center. There are no understandings or agreements between the Parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce the Parties to enter into this Agreement. T. Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. U. Counterparts. This Agreement may be executed by the Parties using duplicate counterparts. SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS Page 6 of 7 SERVICES Docusign Envelope ID: 8FB5AD32-E171-4617-8109-71 F69DAB68DB FOR KITSAP 911 Adopted this% ay ofJAWct�Qt, 2025 KITSAP 911 BOARD OF DIRECTORS Dave Ellingson, Kitsap 9 Board Chair FOR CITY OF PORT ORCHARD Adopted this 9 day of December 2025 CITY OF PORT ORCHARD H wd WPu{aaunwluns�rawoo Robert Putaansuu, Mayor ATTEST Signed by. Clerk or Board Secretary Signed W: /FORM 203)01 F2SSMC57. City Attorney SERVICE AGREEMENT RE: EMERGENCY COMMUNICATIONS SERVICES Page 7 of 7 Exhibit A 2026 Service Fees City of Port Orchard • Calls for Service ("CFS") Units of Use: 16,378 Cost per Unit - Law: $ 7.90 Total Calls for Service: $ 129,386.20 Cost per Unit ("CPU") Total Radios: 74 Cost per Radio: $ 120.25 Total CPR: $ 8,898.50 Total MCTs: 25 Cost per MCT - Law $ 633.92 Total CPM: $ 15,848.00 Adjustment for 3 -Year Split $ (16,497.67) Total Cost per Unit: $ 8,248.83 Total Surcharges: $ 1,810.88 SERVICE AGREEMENT Exhibit A RE: EMERGENCY COMMUNICATIONS SERVICES Exhibit B Kitsap 911 Communications Equipment for User Agencies Approved by Kitsap 911 BOO 7/1/2025 POLICY It is the policy of Kitsap 911 to provide equipment to user agencies as part of the communications system in Kitsap County. This includes mobile radios, portable radios, Mobile Computer Terminals (MCTs), and associated equipment (i.e. docking stations, mounts, chargers, etc.). PURPOSE The purpose of this policy is to address communications equipment provided to user agencies by Kitsap 911. This includes the responsibilities of each party, funding, repair and maintenance. SCOPE This policy applies to all Kitsap 911 and all user agencies. DEFINITIONS Vehicle Set Up Primary Response Vehicle (PRV): Vehicles that are regularly used by agencies to respond to events. These are further defined specifically for law enforcement and fire agencies. Law Enforcement PRV: Vehicles operated by all commissioned officers (detective, patrol, traffic, etc.) and 1st line supervisors that respond to calls. This includes marine units and coroner vans. Fire PRV: Vehicles operated by fire personnel to respond to events. These are units that respond from staffed fire stations (staffed by duty crews for 24 -hour shifts) and include medic units, engines, aid units, ladder trucks, marine units, and battalion chiefs. PRV Ready Vehicles (PRVR): Vehicles that have a ready MCT package (see definition below). Non -Primary Response Vehicle (Non-PRV): Vehicles that are not regularly in service and responding to events for both law enforcement and fire agencies. These include but are not limited to spare vehicles, reserve vehicles, fire vehicles with x-ray and alpha designators, fire vehicles not staffed on a 24/7 basis, and any vehicle that is MCT ready. Mobile Computer Terminals: MCT: Mobile computer terminal used in emergency response vehicles for the purpose of transmitting and receiving event information and other approved functions for which a computer is needed (i.e. response applications, websites, and other software utilized by agencies). Full MCT Package: This includes an MCT, docking station (if needed), cradle -point or similar wireless connection, and all associated cables and mounts. Ready MCT Package: These are vehicles that do not have an MCT but are ready to use one at any time. They have a docking station, cradle -point or similar wireless connection, and all associated cables and mounts. Radios: Base Station Radios: These are radios fixed in a building to be utilized by user agencies and other organizations. Examples include fire station DOC, city emergency operations center, Kitsap County DEM and medical facilities who require radio communications capabilities. Mobile Radios: These are radios installed and fixed on emergency response vehicles, including PRVs and Non-PRVs for both law enforcement and fire agencies. Portable Radios: These are mobile, hand-held radios to be used by emergency responders from all user agencies. PROCEDURES MCTs All MCT and associated equipment purchases will be made through Kitsap 911 to ensure all agencies are using the same equipment per required standards established by Kitsap 911, enabling the ability to maintain adequate spare counts and coordinate repairs and warranty replacements as needed. For MCT purchasing, the requesting agency must advise Kitsap 911 if this is for a PRV or NON- PRV, as separate purchase orders will be made for each. If MCT purchases are made directly by the agencies, a BYOD (bring your own device) agreement must be coordinated with Kitsap 911 management to establish support guidelines and service expectations. 2. If additional MCTs are purchased for use in Non-PRVs, the user agency shall be responsible for the cost of ongoing regular repair and maintenance. 3. The following guidelines will be used for purchasing MCTs. • If an agency needs an MCT for a new (additional) PRV, the agency is responsible for the initial purchases and associated installation costs. The ongoing costs will be included in the user agency fees. After an MCT is added for a new PRV, it will become part of the respective agency's PRV inventory and future replacement will be funded by Kitsap 911 (see Funding Responsibilities). If an agency needs equipment for a new (additional) PRVR, the agency is responsible for the initial purchases and associated installation costs. The ongoing costs will be included in the user agency fees. After equipment is added for a new PRVR, it will become part of the respective agency's PRVR inventory. Kitsap 911 will fund future replacement of a specific number of PRVRs for each agency, calculated as 25% of the agency's total PRVs. Agencies adding PRVRs beyond the funded number will be responsible for replacement. (see Funding Responsibilities). • If an agency purchases a replacement vehicle for a PRV (keeping original vehicle as spare or not), all of the MCT equipment will be moved from the original vehicle and repurposed in the new vehicle. The agency will be responsible for all purchases and associated installation costs for the replacement. If the agency wishes to keep the existing hardware (everything except the MCT) in the original vehicle as a spare vehicle that would accommodate an MCT from another vehicle that vehicle will be considered a Non-PRV and they will be responsible for the purchase, installation costs, etc. associated with equipping the new & original vehicle and any ongoing costs to maintain the spare hardware in the spare vehicle. • If an agency wants to add a new (additional) Non-PRV, the agency will be responsible for all purchases, installation costs, all associated ongoing costs including, but not limited to, software, licensing and cellular service charges. These ongoing costs will be included in the user agency fees as a surcharge to their normal billing. This amount will be reviewed and adjusted yearly for any changes to the cost of software and/or services. RADIOS All mobile and portables radios and associated equipment purchases will be made through Kitsap 911 to ensure all agencies are using the same equipment per required standards established by Kitsap 911, enabling the ability to maintain adequate spare count and coordinate repairs and warranty replacements as needed. 2. Mobile radios will be provided for vehicles utilized by user agencies. These include: • Law enforcement agencies: Patrol vehicles, supervisor units, specialty units (i.e. SWAT, K9, marine, etc.) • Fire agencies: Engines, ladder trucks, command vehicles, ambulances, brush trucks, tenders, rescue units and utility vehicles. 3. User agencies are responsible for the funding and purchase of any radio accessories that do not come with the radios provided by Kitsap 911. Examples include radio straps and harnesses. AGENCY RESPONSIBILITIES 1. Kitsap 911 is responsible for the repair (including payment) of damage done during normal use of radios (mobile, portable, and base station), PRV MCT, and PRVR equipment only. User agencies will be billed for any repair that is not considered normal use such as abuse and neglect. 2. User agencies are responsible for reporting any damage and operational issues for all radios and MCTs. 3. User agencies will maintain their own policies and procedures regarding the issuing of radios. 4. Any need for programming, replacement, or repairs shall be reported to Kitsap 911. 5. All user agencies shall be responsible for annual communications equipment reporting. This will include their current inventory of radios and MCTs and any projected purchase needs for the upcoming year. 6. Additional agency responsibilities specific to the P25 radio system are found in the P25 user radio equipment policy. REPAIRS Kitsap 911 will pay for normal wear and tear of radios (mobile and portable) and PRV MCT equipment only. Agencies will be billed for any repair that is not considered normal wear and tear, such as abuse and neglect. These charges will be included as a surcharge on their normal user agency fees. FUNDING RESPONSIBILITIES Kitsap 911 will fund the replacement of radios, PRV MCTs, and partially fund the replacement of equipment for PRVR vehicles. Kitsap 911 will fund a specific number of PRVRs for each agency, calculated as 25% of the agency's total PRVs. The timeline for replacement will be determined by ongoing evaluations of equipment, technology, and available funding. Kitsap 911 will work collaboratively with user agencies to determine the future needs regarding communications equipment, including projected lifespan of equipment and total projected inventory needs. Ongoing annual operational costs shall be the responsibility of the user agencies. These costs shall be evaluated on an annual basis to determine need and projected costs for user agencies. Examples include, but may not be limited to: • Agency -specific costs such as Mobile Responder and video server hosting • Group -specific costs such as First Due Size -Up, nurse triage line (Fonemed), and station alerting (Purvis) • Cellular fees for MCTs and radios P25 User Radio Equipment Policy Approved 10/28/2025 by SAB This policy provides additional information on responsibilities of customers and Kitsap 911 outside of those documented in Communications Equipment Policy approved by the Kitsap 911 Board of Directors. This Matrix defines the responsibilities for P25 User Radio Equipment, which enables Customers to receive radio communications from Kitsap 911, communicate with Kitsap 911, and communicate among their own personnel over the Kitsap Radio System. It covers the full lifecycle of the User Radio Equipment —from planning and acquisition through replacement and disposal. Lifecycle Customer Responsibilities Kitsap 911 Responsibilities Stage for P25 End User Radio Equipment Mobile Radio • Plan mobile radio installations with • Assist Customer with planning mobile Installations — Kitsap 911 including the type of installations to ensure availability of After Initial installation: parts P25 System o By Customer • Purchase and program radios Deployment o By Vehicle/Apparatus Factory • Provide programmed radios to o By Contractor selected by Customer Customer (Contractor must comply with reasonable installation requirements especially testing antenna installations • After initial P25 deployment, Customer pays for mobile installation; Kitsap 911 provides programmed mobile radio Portable • Plan portable radio programming • Assist Customer with planning portable Radios with Kitsap 911 programming • Customer Radio Point of Contact • Purchase and program radios receives and distributes portable • Provide standard radio kit to Customer radio Base Radios • Base radios are mobile radios with DC • Base radios are mobile radios with DC power supply and base antennas power supply and base antennas • Responsibilities mirror mobile radio • Responsibilities mirror mobile radio responsibilities responsibilities Training and • Participate in training development • Lead the training development and User Support and deliver training to users train the trainers • Try to resolve User Radio issues "in • Resolve user support issues (after "in house" before contacting the Kitsap house" customer efforts) through 911 Helpdesk requests made through the Kitsap 911 helpdesk BeOn • Work with Kitsap 911 to plan BeOn • Provide BeOn support for downloads Software users • Administer the BeOn system Application • Coordinate BeOn download through on the Kitsap 911 Helpdesk Smartphones, • Timely inform Kitsap 911 of lost or tables, or PCs damaged BeOn devices to maintain radio system security Security • Timely notify Kitsap 911 of lost, • Administer the radio system to prevent damaged, or stolen P25 End User unauthorized usage of the missing Radio assets to prevent unauthorized radio use of the P25 radio system and to protect secure encrypted communications Spares, • Work with Kitsap 911 to identify a • Work with Customer to identify a Loaners, and reasonable level of spares based on reasonable level of spares and the After Hours experience with new radios location of the spares based on Radios • Spares are spares and not a radio experience with new radios inventory for new radio requests to • Maintain a reasonable stocking level of avoid planning or requesting new spare radios radios • Like spare radios, work with Customer • Spare radios will be programmed with to identify a reasonable number of an alias of "Spare" to easily identify loaner radios if needed. them • Provide afterhours radios only for • Like spare radios, work with Kitsap 911 emergency situations to identify a reasonable number of loaner radios if needed. • Like spare radios, loaner radios are not a radio inventory for new radio requests to avoid planning or requesting new radios • After hours radios will only be provided under emergency situations Repairs • Deliver damaged radios to Kitsap 911 • Process damaged radios. The initial • Cost to repair damaged P25 End User purchase of user radios are ordered with Radio Equipment not covered by the a 10 -year extended warranty from the manufacturer's 10 -year warranty is the manufacturer. responsibility of the Customer • For damaged mobile radios, Kitsap 911 will provide replacement radio before Customer delivers damaged radio to Kitsap 911 • Customer is responsible for removal and installation of damaged mobile radios Disposal • Return assets to Kitsap 911 for • Follow the Kitsap 911 asset disposal disposal process The Kitsap 911 VHF radio systems will continue to operate until the Customers are transitioned to the new digital P25 system and after the transition, with modifications, to support VHF interoperability and backup for the new digital P25 radio system. New radio equipment will support use on the VHF system.