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AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS
AGENDA OF: July 11, 2016 ITEM NO.: Resolution No. R2016-120 DATE SUBMITTED: June 17, 2016 DEPT. OF ORIGIN: Fire PREPARED BY: Daniel Baum PRESENTOR: Vance Riley REVIEWED BY: Jon R. Branson REVIEW DATE: July 1, 2016
SUBJECT: Resolution No. R2016-120 - A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for Fire Department Dispatching Services to Cypress Creek EMS in the estimated amount of $223,400 for the period of December 16, 2016 to December 15, 2017.
EXHIBITS: R2016-120 Cypress Creek EMS Subscriber Agreement
FUNDING: Grant Developer/Other Cash Bonds To Be Sold Bonds- Sold L/P – Sold L/P – To Be Sold
EXPENDITURE REQUIRED: $223,400 FY17 AMOUNT BUDGETED: $223,400 FY 17 AMOUNT AVAILABLE: $223,400 ACCOUNT NO.: 100-205-260-5400.160, 100-205-260-5600-170 PROJECT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: PROJECT NO.: To be completed by Department: X Finance Legal Ordinance Resolution
EXECUTIVE SUMMARY
BACKGROUND In January 2013, the City entered into a contract with Harris County Emergency Corps (HCEC) to provide dispatch services, including advanced emergency medical dispatch, for the then separate Fire and EMS departments. After several months of preparations, the 3rd party dispatch operations began in early May 2013. The City’s formerly separate Fire and EMS Departments were consolidated in October 2013 to provide improved coordination, service level, and efficiencies. Page 2
Over the past three years, the use of a 3rd party dispatch center has proven to be largely successful and has resulted in improved capabilities for the Fire department through the use of GPS-based dispatching, a CAD system specifically geared towards Fire and EMS operations, and dispatchers certified by the National Academies of Emergency Dispatch in Emergency Medical Dispatching and Emergency Fire Dispatching.
There have been however, some operational inconsistencies with the current vendor. HCEC has been quick to fix issues as we present those issues to them, however these inconsistencies have occasionally hindered Fire Department operations. The primary inconsistencies relate to IT issues, and deviation from established protocols. Coordination with Pearland PD dispatch by the incumbent vendor has been less than desirable, particularly over the last several months.
Fire Department staff still recommends 3rd party provision of these services, however department leadership has decided that it was time to re-evaluate the current vendor and look at what other opportunities are available. During the City Council budget retreat, a white paper outlining Fire Department dispatching was reviewed. At that time there was some conceptual interest to look at bringing Fire Department dispatching in-house, but the consensus and staff recommendation is that the continued use of a 3rd party vendor is more cost effective. It is estimated that bringing Fire Department dispatching in house would cost over $600,000 a year in salaries, and over $500,000 a year in software licensing costs, as well as over $500,000 in startup costs. Ultimately, contracting with a new vendor was the option discussed with the consensus to pursue. In fact, the existing contract with HCEC contemplates renewal options with six months’ notice so that the market could be tested and performance criteria developed for contractors to consider.
Accordingly, City staff has developed a Request for Proposal (RFP) to solicit responses from outside agencies/companies capable of providing the required services to the City. Two (2) proposals were received, one from the incumbent Harris County Emergency Corps (HCEC) and the second from Cypress Creek EMS (CCEMS).
Representatives from the Fire Department, Police Department, and Information Technology participated in the RFP evaluations as well as attended the presentations given by the two firms.
SCOPE OF CONTRACT Provision of Fire Department dispatching services for the City of Pearland at the fixed pricing reflected herein for a three (3) year term.
BID AND AWARD In March 2016, the City published a public notice in its newspaper of record and posted Bid No. 0316-26 on the City’s e-bid system with email notification to six (6) vendors, in accordance with City Purchasing policy and state law.
Two (2) proposals were received and have been evaluated by Fire, Police, and IT management personnel with respect to the following areas (which comprise the evaluation criteria contained in the RFP specifications): qualifications and experience; rates and expenses; procedures, reporting and software capabilities; quality of references; and ability to meet all requirements set forth in the RFP.
While both proposals reflect an apparent ability to provide the required services to the City, the evaluations by City emergency staff recommend an award to Cypress Creek EMS due to Page 3
somewhat inconsistent performance by the current vendor, ability to better integrate with Pearland Police operations, and a stronger IT infrastructure.
Financially, the current incumbent HCEC provides service on an $18 per call basis, roughly $168,642 per year for 9,369 calls for service.
In the new proposal, HCEC continues to offers a fee structure of $18 per call. They also request an annual $200 maintenance fee per MDT license (currently 30). Additionally, the HCEC proposal is charging the city $50,000 to contribute to their installation of the Purvis Fire Station Alerting System hardware in their dispatch center. Estimated annual cost for HCEC is $174,642 plus the $50,000 contribution for the Fire Station Alerting System.
In their proposal, Cypress Creek EMS offers a fee structure of $21 per call, and $9 per call for automatic alarms (Fire Alarms/Medical Alarms) that are unfounded. They also charge an annual base station fee of $2,000, an annual per station fee of $500, and an annual technology fee of $3,000. Estimated annual cost for Cypress Creek is $211,000.
The costs to transition to Cypress Creek EMS are as follows:
• Radio and antennae set up fees in the amount of $6,000 will be due in December 2016.
• Base station, additional station and technology fees in the amount of $7,000 (detailed above) will be due in February 2017 (and each following February).
• Purvis Fire Station Alerting integration with CAD in the amount of $18,400 will be due in December 2016. This is a one-time expense.
• Estimated incident fees in the amount of $192,000 will be due in February 2018 (for calendar year 2017 incidents).
Estimated additional costs of transition are as follows:
• Image Trend for Electronic Patient Reporting Software integration with CAD in the amount of $5,000 due in December 2016.
• First In Systems Mapping Software (integrates with CAD) in the amount of $12,000 will be due in December of 2016
• Installation of the Purvis Fire Station Alerting System servers, hardware, and software at the CCEMS dispatch center in the amount of $185,000 will be brought to Council for approval at a later date as a separate resolution. (CCEMS has stated that if any of their other clients decide to utilize the Purvis system, a cost sharing agreement can be set up).
Both respondents made presentations and were interviewed by the evaluation team, as well as additional senior City management personnel. After the interviews, the evaluation team discussed respective vendor strengths/weaknesses, and anticipated performance based on presentation of processes, procedures, and reporting capability, as well as responses to team questions. The unanimous consensus of the evaluators, including a representative from Page 4
Pearland PD dispatchers is that the CCEMS proposal represents the better value and best meets the service requirements of the City.
Cypress Creek EMS’s dispatch center is located in Spring, in the vicinity of Intercontinental Airport. CCEMS is the 9-1-1 and dispatch facility for 16 agencies including nine fire departments, three EMS providers, the Harris County Fire Marshal’s Office, and the Harris County Hazardous Materials Team. It is also the Regional Communications Center for the South East Texas Regional Advisory Council (SETRAC) and Emergency Medical Task Force Region 6 (EMTF6). Their communications center serves as a Secondary Public Safety Answering Point (SPSAP) in the Greater Harris County 9-1-1 network. They currently handle over 58,000 9-1-1 calls per year and their current clients span from the Katy area, to Houston ship channel area.
Among the strengths considered in recommending CCEMS are their IT capabilities, the ability for their CAD to do address point based mapping, and it is the evaluation committee’s opinion that they can better integrate with the operations of Pearland PD’s dispatch center.
SCHEDULE We anticipate a go-live date of December 15, 2016. Preparations for the transition will begin immediately.
CURRENT AND FUTURE FUNDING /FINANCIAL IMPACTS Funding for these services will come from the General Fund.
RECOMMENDED ACTION
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for Fire Department Dispatching Services to Cypress Creek EMS in the estimated amount of $223,400 for the period of December 16, 2016 to December 15, 2017. RESOLUTION NO. R2016-120
A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for Fire Department Dispatch Services to Cypress Creek EMS, in the estimated amount of $223,400 for the period of December 16, 2016 through December 15, 2017.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City solicited bids for Fire Department dispatch services, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Cypress Creek EMS, in the estimated amount of $223,400.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract for fire department dispatch services.
PASSED, APPROVED and ADOPTED this the _____ day of ______, A.D.,
2016.
______TOM REID MAYOR
ATTEST:
______YOUNG LORFING, TRMC CITY SECRETARY
APPROVED AS TO FORM:
______DARRIN M. COKER CITY ATTORNEY
SUBSCRIBER AGREEMENT
This Agreement between Cypress Creek Emergency Medical Services (“CCEMS”) and AGENCY
NAME (also referred to herein as the “Subscribing Member”) for the provision of Emergency Communication
Services is signed and entered into on this the ____ day of ______, 20xx. In consideration of the mutual promises contained in the Agreement, the parties agree as follows:
1. SERVICES PROVIDED
CCEMS will provide Emergency Communication Services through its Emergency Communications
Center (“Comm Center”). The Comm Center will receive emergency and non-emergency communications directed to the Subscribing Member and will dispatch the Subscribing Member’s personnel and equipment, by appropriate means, within the Subscribing Member’s geographic area in response to such communications (the
“Services”). These Services will be provided twenty-four (24) hours a day, seven days a week, fifty-two weeks a year, for the duration of this Agreement, without interruption for any reason, including natural disaster; with the following exceptions; (1) A compromise in the structural integrity of the building materially impairing the ability to deliver the service, (2) a fatal infrastructure failure from whatever cause, (3) a material decrease in
CCEMS’ funding by an outside agency or (4) force majeure. CCEMS will develop redundancy of systems to insure non-interruption of the Services in the event one system is disabled. The Services will be of the same quality and performed by the same personnel as are CCEMS’ own Emergency Communication Services. All personnel will be trained to meet or exceed CCEMS’ standards of competency and professionalism. CCEMS will abide by all applicable laws, rules and regulations to the best of their ability. CCEMS will continue to enhance Services provided with updated technology and updated protocols to reflect best practices in the industry.
2. COMPENSATION/FUNDING
• The initial term of the Agreement is three (3) years. In addition to the charges per call described below,
the base fee for CCEMS’ dispatch services is $2,000 as a First Station Base Fee, paid annually, and
$500 for each additional station, also paid annually. If, in the sole and exclusive judgment of CCEMS’
Executive Director or his/her designee, the Subscribing Member, performs competently, consistently,
effectively and timely, as an Automatic Aid First Responder to CCEMS’ medical calls, then the base fee
will be reduced by 25%. If, in the sole and exclusive judgment of CCEMS’ Executive Director or
his/her designee, the Subscribing Member further performs competently, consistently, effectively and
timely as a Mutual Aid Agency to CCEMS medical calls, then the base fee will reduce by an additional
25%. Evaluation of the Subscribing Member’s performance as an Automatic Aid First Responder or
Mutual Aid Agency will be made 30 days after the first year in which the Subscribing Member performs
under this Agreement. Any reduction in Base Fee will be either remitted by CCEMS within thirty (30)
days of determining satisfactory performance or will be waived for the next year of this Agreement, as
determined solely and exclusively by CCEMS’ Executive Director or his/her designee. In no event shall
any waiver or refund of the Base Fee exceed 100% of such amount paid by a Subscribing Member,
regardless of whether that Member functions both as an Automatic Aid First Responder or a Mutual Aid
Agency. Each renewal of this Agreement is subject to the base fee as adjusted by agreement of the
parties. In addition, the Subscribing Member will pay a Dispatch Service Fee of Twenty One Dollars
($21.00) for each FIRE/RESCUE call dispatched by CCEMS for the Subscribing Member, $9.00 for
each AUTOMATIC FIRE/MEDICAL ALARM dispatch and $5.00 for each EMS assist outside of
CCEMS’ Service Territory. The Base Fee is due upon the execution of this Agreement. Ongoing
charges for Dispatch Service Fees will be billed on February 1st and due on February 28th of the year
immediately following the year of service. Extensions may be requested from CCEMS and approved by
the Executive Director. All calls are chargeable to the Subscribing Member, except (1) medical
emergencies within the response territory of CCEMS, and (2) calls for service to motor vehicle accidents involving medical aid only, as EMS assist services. Whether a dispatch falls within either of these two
categories will be determined by CCEMS in its sole and exclusive discretion. If the Subscribing Member
also runs its own ambulance service that Member’s EMS calls will be charged at $21.00 per call.
• CCEMS may create additional compensation/funding rules dependent on the specialized needs of non-
standard fire/EMS agencies.
• A Technology Fee will be annually assessed to all Comm Center users in the amount of $3,000 per year
invoiced and payable initially upon the execution of this contract and thereafter during February of each
calendar year. The purpose of the technology fee is to first fund the fiber optic line to TranStar and then
to assist in funding further technological improvements that benefits all users. This fee may be removed
under recommendation of the UAB but CCEMS has the sole authority to continue the fee as deemed
necessary. If at any time the technology fee is deemed unnecessary, or if an agency is financially
incapable of contributing to the technology fee, a motion may be set forth and voted on by the UAB.
3. RENEWAL
This Agreement will renew automatically for successive one (1) year periods unless either party provides written notice of termination to the other at least three (3) months prior to the next successive anniversary date. CCEMS agrees to provide written notice of any proposed fee increase at least six (6) months prior to the anniversary date on which such increases would go into effect. Any agency may voluntarily remove themselves from the services of CCEMS Comm Center at any time with a minimum of a 30 day notice; however such termination shall be effective only when all sums due and own CCEMS by the Subscribing
Member have been paid in full. Any early termination by a Subscribing Member constitutes a waiver of
CCEMS’ discretionary right to refund any or all Base Fees. An Administrative Termination Fee of $1000.00 will also be charged and will be due and owing upon early termination.
4. USER ADVISORY BOARD
(Subscribing Member) may appoint one member to the User Advisory Board. An annual update will be given by UAB members and as necessary identifying their specific representative. The purposes and authority of the User Advisory Board are as follows:
A. A User Advisory Board was established to provide an opportunity for all Subscribing Members to monitor the staffing, equipment and physical facilities of Comm-Center that may affect the ability of user agencies to achieve their unique fire department needs or their other specialized missions
The purpose of the User Advisory Board will be to observe that appropriate agency and other specialized agency protocols are established and used in the Comm-Center, to offer suggestions for hiring, orientation and training standards for the Comm-Center staff, to advise the Executive Director of CCEMS regarding the specialized needs of participating agencies or other user agencies, and to act as a quality review advisory committee for all user agencies, customers and contractors of Comm-Center.
B. The User Advisory Board will act as a consultant to the CCEMS Board of Directors in matters relating to expansion of the user base, solely in order to promote continuation of quality service to all Subscribing Members. Any proposed additional agency users of the Comm Center are to be discussed (after appropriate vetting) at a UAB meeting to obtain feedback on the potential impact to existing users.
C. Each Subscribing Member will appoint one individual representative to the User Advisory Board. The Director of the Comm-Center will serve as the permanent chairperson of the User Advisory Board, which will develop its own operating protocols. The User Advisory Board’s primary objective will be to assess whether the operating needs and concerns of user agencies are handled promptly and objectively and to facilitate communication between CCEMS and the Subscribing Members.
D. The User Advisory Board will serve in an advisory and consultative capacity only with respect to matters affecting Comm-Center operations. Sole and exclusive authority and responsibility for Comm- Center management, its staff and physical resources rests with CCEMS, its Executive Director and its Board of Directors.
E. The User Advisory Board will operate voluntary task forces to develop proposals regarding possible radio frequency shifts and capital acquisitions that may be necessary to maintain superior levels of emergency communication services consistent with the needs of the user agencies.
F. The UAB may reject the addition of other agencies as UAB members by an 80% majority vote of all current UAB members.
5. SUBSCRIBING MEMBER DEFAULT
Payment of all fees not collected upon the execution of this Agreement by a Subscribing Member shall be due and payable within twenty eight (28) days of invoicing to the Subscribing Member. Failure to pay within the twenty eight (28) day period is an event of default. Upon notice to the Subscribing Member of such event of default, the Subscribing Member shall cure such default within fifteen (15) days. Failure to cure such default will result in the automatic and immediate termination of Services by CCEMS under this Agreement and will simultaneously cause all other sums due and owing, or which are work in process, to then become due and owing. The rate of interest on past due accounts and any other sum owed to CCEMS is twelve (12) percent.
Upon the full and complete payment of all sums due and owing under the Agreement, CCEMS may, but is not obliged to, resume Services under this Agreement. As a condition of resumption of Services, CCEMS may require a deposit not to exceed the total annual (or annualized) charges paid by the Member the preceding year.
Under no circumstance is CCEMS obligated to resume Services to a defaulting Member regardless of whether said Member pays its account in full. Any decision by CCEMS to decline a resumption of Services shall in no way act as a waiver or obstacle to CCEMS’ right to recover sums due and owing through and including the date of default.
6. CCEMS’ AND SUBSCRIBING MEMBER OBLIGATIONS
CCEMS and each Subscribing Member will maintain in full force and effect liability insurance in the amount of $1,000,000.00 or at least an amount sufficient to satisfy a judgment against it up to and including the limits of its statutory liability. CCEMS will be deemed in default herein should it cease, due to its own negligence, to staff and operate the physical facilities necessary to perform its obligations hereunder.
CCEMS and (Subscribing Member) will indemnify and hold each other harmless for any and all claims arising out of their respective acts of negligence, but not otherwise.
CCEMS will maintain all records required by law and will permit examination and dissemination of said record only in accordance with law or a subpoena issues pursuant to law.
7. (Subscribing Member) retains ownership of any equipment it lends or furnishes to CCEMS in furtherance of this Agreement.
8. GOVERNING LAWS
The obligations of CCEMS and (Subscribing Member) shall be construed and enforced in accordance
with the laws of the State of Texas. Venue of any claim, suit or dispute arising under this Agreement shall be in
Harris County exclusively. The prevailing party in any dispute, claim or suit arising hereunder shall recover its
reasonable attorney’s fees and expenses of litigation, the reasonableness and necessity of which shall be
determined by the Court and not by a jury, all parties hereto expressly agreeing to waive their right to trial by
jury on the issue
9. ENTIRE AGREEMENT
This Agreement and any amendments thereto, contain the entire agreement between CCEMS and
(Subscribing Member) for emergency communication services. No variations, modifications, or changes shall be binding upon any Subscribing Member of CCEMS unless it is in writing, signed by both parties, and
approved by the Board of Directors of CCEMS.
Executed at ______, Texas, on ______, 2012
Cypress Creek Emergency Medical Services
By: ______(Signature)
By: ______(Printed name and title of person signing as authorized representative)
SUBSCRIBING MEMBER
By: ______(Signature)
By: ______(Printed name and title of person signing as authorized representative)