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AGENDA BILL Agenda Item No. 5(B) Date: February 17, 2015 To: El Cerrito City Council From: Lance Maples, Fire Chief Subject: Agreement with the City of Berkeley for Year-round Automatic Aid ACTION REQUESTED Adopt a Resolution authorizing the City Manager to execute an updated Memorandum of Understanding with the City of Berkeley for the exchange of fire and emergency response on a year-round basis. BACKGROUND The Fire Chiefs of the cities of Berkeley and El Cerrito desire to update a 1997 Memorandum of Understanding to provide automatic aid for fire and other emergency call responses and station coverage during greater alarm fires. This updated agreement will provide year-round response and improve response times of the first alarm fire companies in the cities of Berkeley and El Cerrito and will also provide for automatic coverage of fire stations and/or response to reported emergencies. The Berkeley Fire Department may respond with two engines and a chief officer to reported structure or vegetation fires in the San Pablo ridge area. Conversely, the El Cerrito Fire Department may respond with their chief officer and one engine company to reports of fire in the Berkeley Hills north of Marin on a year-round basis. The El Cerrito and Berkeley Fire Departments are members of the East Bay Regional Emergency Communications System Authority (EBRCSA) and have the capability to communicate on each agency’s dispatch, command, or tactical radio channels. The ability to communicate on each agency’s radio channels improves the coordination and response efforts on emergency calls. It should also be noted that this agreement will require an annual joint training exercise to ensure common operations for both agencies are known by staff. STRATEGIC PLAN CONSIDERATIONS Approval of the proposed resolution and execution of the Memorandum of Understanding between the Cities of El Cerrito and Berkeley are consistent with El Cerrito Strategic Plan Goal A- Deliver exemplary government services and Goal E- Ensure the public’s health and safety. FINANCIAL CONSIDERATIONS None ---PAGE BREAK--- Agenda Item No. 5{8) LEGAL CONSIDERATIONS This MOU is executed pursuant to the provisions of the California Emergency Services Act, Title 2, Division 1, Chapter 7 of the Government Code, Government Code sections 8615-8619, Government Code section 53000 et seq., Government Code Section 55630 et seq., Health & Safety Code 13050 et seq., Health & Safety Code section 13800 et seq. and Public Resources Code section 5561.6. The City Attorney has reviewed and commented on this staff report and associated resolution. Reviewed by: Scott Hanin City Manager Attachments: 1. Resolution 2. Memorandum of Understanding with the City of Berkeley Page 2 ---PAGE BREAK--- Agenda Item No. 5(B) Attachment 1 RESOLUTION 2015-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BERKELEY AND THE CITY OF EL CERRITO FOR AUTOMATIC AID RESPONSE AND EXCHANGE OF FIRE AND EMERGENCY SERVICES WHEREAS, the City Council adopted Resolution No. 97-37 authorizing a Memorandum of Understanding (MOU) in 1997 with the City of Berkeley to provide automatic aid for fire and emergency call responses and station coverage during greater alarm fires; and WHEREAS, the Fire Chief of Berkeley and the Fire Chief of El Cerrito desire to update and modify the previous MOU to establish protocols and automatic aid response to each other’s jurisdiction to include structure fire response, station coverage, and response to other emergency calls; and WHEREAS, the El Cerrito and Berkeley Fire Departments are members of the East Bay Regional Emergency Communications System Authority (EBRCSA) and have the capability to communicate on each agency’s dispatch, command or tactical radio channels; and WHEREAS, the El Cerrito and Berkeley Fire Departments will participate in an annual joint training exercise to ensure common operations for both agencies. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby authorizes the City Manager to execute an updated Memorandum of Understanding with the City of Berkeley for the exchange of fire and emergency response on a year-round basis. I CERTIFY that at a regular meeting on February 17, 2015 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on February XX, 2015. Cheryl Morse, City Clerk APPROVED: Mark Friedman, Mayor ---PAGE BREAK--- Page 1 of 4 Agenda Item No. 5(B) MEMORANDUM OF UNDERSTANDING EXCHANGE OF FIRE PROTECTION AND EMERGENCY SERVICES BETWEEN THE CITY OF BERKELEY AND THE CITY OF EL CERRITO This Memorandum of Understanding (“MOU”) is entered into on , 2015, by and between the City of BERKELEY on the one hand and the City of El Cerrito on the other hand. BERKELEY and EL CERRITO shall be referred to as “Party” or “Parties”. This MOU is made with reference to the following facts and objectives: The City of BERKELEY and EL CERRITO each maintain and operate fire protection organizations in and for their respective jurisdictions; and Certain of the lands protected by each Party herein are adjacent to the lands protected by the other Party; and The Cities of BERKELEY and EL CERRITO each desire to furnish fire and emergency assistance to the other when such aid is required as set forth below; and This MOU is executed pursuant to the provisions of the California Emergency Services Act, Title 2, Division 1, Chapter 7 of the Government Code, Government Code sections 8615-8619, Government Code section 53000 et seq., Government Code Section 55630 et seq., Health & Safety Code 13050 et seq., Health & Safety Code section 13800 et seq. and Public Resources Code section 5561.6. The Parties mutually agree as follows: 1. The Chief of the Berkeley Fire Department and the Chief of the El Cerrito Fire Department are hereby authorized to develop, execute and implement this MOU, which shall set forth the specific procedures and protocol to be used to effect a mutual and coordinated response to reports of fire in established automatic aid areas. 2. Berkeley Fire Department shall communicate on El Cerrito Fire Department’s designated command and tactical channel when responding into EL CERRITO. El Cerrito Fire Department shall communicate on Berkeley Fire Department’s designated command and tactical channel when responding into BERKELEY. 3. Joint training exercises shall be carried out annually or as needed under the direction of the Fire Chiefs of the cities of Berkeley and El Cerrito. 4. The Berkeley Fire Department and El Cerrito Fire Department shall use the Incident Command System (ICS), the standard organization system, to govern emergency operations. ---PAGE BREAK--- Page 2 of 4 Agenda Item No. 5(B) 5. The jurisdictional department having authority shall be responsible for obtaining information and completing required reports. All reports which include automatic or mutual aid under this MOU shall be shared between the Parties. 6. The Parties shall furnish fire protection, apparatus, personnel, equipment, materials, or supplies and render such fire protection services or station coverage to each other in the manner described in this MOU. a. El Cerrito Fire Department may respond with an engine company for station coverage at Berkeley Fire Station 4, 1900 Marin Avenue, for BERKELEY upon request by the Berkeley Fire Department. El Cerrito Fire Department may respond to emergency calls in BERKELEY while performing station coverage duties. b. The El Cerrito Fire Department may respond with one Engine Company as part of an initial first alarm assignment to Berkeley Fire Quadrants 79, 80, 81, 82, and 83. c. The El Cerrito Fire Department may respond with up to two engines (any combination of a Type I, III, or XI) and a Battalion Chief for a vegetation fire within Berkeley Fire Quadrants 76, 79, 80, 81, 82, and 83. d. The BERKELEY Fire Department may respond with one Engine Company for station coverage at El Cerrito from Fire Station 65, 217 Arlington Avenue, for EL CERRITO upon request by the El Cerrito Fire Department. The Berkeley Fire Department may respond to emergency calls in El Cerrito response area while performing station coverage duties. e. The Berkeley Fire Department may respond with one Engine Company as part of an initial first alarm assignment to El Cerrito Fire Quadrants 65A and 65B f. The Berkeley Fire Department may respond with up to two engines (any combination of a Type I, III, or XI) and a Battalion Chief for a vegetation fire within the City of El Cerrito Fire Quadrant 72A which includes a geographical area previously referred to as the San Pablo Ridge MRA. g. Each Party shall ensure responding personnel don full personal protective equipment when responding to a vegetation or structure fire call in each party’s jurisdiction. 7. In the event that the aiding Party is unable to dispatch, in whole or in part, an agreed-upon response as described above, the aiding Party shall immediately ---PAGE BREAK--- Page 3 of 4 Agenda Item No. 5(B) notify the requesting Party of the inability to respond or provide station coverage. 8. The services provided pursuant to this MOU shall not be used by either Party as a substitute for day-to-day full and continuing fire protection within its own borders. The rendering of aid by one party to the other hereunder is voluntary. Neither Party shall be required to reduce its own fire protection resources, personnel, services or facilities to the detriment of its normal fire protection capability within its borders. 9. Neither Party to this agreement shall be required to provide compensation to the other for services rendered hereunder. The advantage and protection of mutual aid responses afforded by this agreement shall constitute the sole and adequate consideration for the performance hereof. 10. The City of BERKELEY shall defend, indemnify and hold harmless the City of El Cerrito from and against all claims, expenses, losses, liability or damages resulting from the acts or omissions to act by the City of BERKELEY in the performance of this MOU. The City of El Cerrito shall defend, indemnify, and hold harmless the City of BERKELEY from and against all claims, expenses, losses, liability or damages resulting from the acts or omissions to act by the City of El Cerrito in the performance of this MOU. 11. Notwithstanding anything else stated to the contrary in this MOU, each Party shall be solely responsible for the actions of its respective officers, agents, and employees while they are performing work, services or functions for said Party under this MOU. While performing work, services, or functions under this MOU, the officers, agents and employees of each Party are not officers, agents, or employees of the other Party, regardless of the nature and extent of the acts performed by them. In this regard, Section 10 above shall in no way obligate the indemnifying Party to provide such protection, defense or indemnification to the extent of the acts or omissions of the other Party, its officers, agents or employees. 12. Each Party shall be solely liable to provide Workers' Compensation insurance coverage and pay valid claims for injuries or death to any of its officers, agents, or employees performing work, services or functions under this MOU, regardless of whether the other Party was directly or indirectly supervising the conduct of such person(s). To this end, no Party shall assume any liability under Workers' Compensation laws or any other employers' liability laws on account of any work, service or function performed by the other Party's officers, agents or employees under this MOU. 13. In the event of any conflict between this MOU and any other mutual aid agreement between either party hereto and any county, state or federal government entity or division thereof, said other agreement shall take precedence. ---PAGE BREAK--- Page 4 of 4 Agenda Item No. 5(B) 14. This agreement may be amended at any time by a written amendment hereto executed by both parties. Any reduction, contracting or sub- contracting of day-to-day full and continuing fire protection services or resources by either Party shall be cause for renegotiation of this agreement. 15. This MOU executed hereunder may be terminated on action by either the BERKELEY City Manager or El Cerrito Fire Department Fire Chief upon thirty days' written notice to the other. 16. This MOU shall supersede any and all prior agreements, oral or written, regarding the subject matter between the City of Berkeley and the City of El Cerrito. IN WITNESS WHEREOF, the City of BERKELEY and the City of EL CERRITO have executed this Memorandum of Understanding as of the date first written above. CITY OF BERKELEY CITY OF EL CERRITO Christine Daniel, City Manager Scott Hanin, City Manager Approved as to form: Approved as to form: Michael Woo, Deputy City Attorney Sky Woodruff , City Attorney Registered: City Auditor Attest: City Clerk