REVISED

AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND THE ALAMEDA COUNTY FIRE DEPARTMENT REGARDING FIRE AND EMERGENCY RESPONSE SERVICES

This Amendment No. 1 is made and entered into this 20th day of June 2017, by and between the ALAMEDA COUNTY FIRE DEPARTMENT, a dependent fire district formed under the Fire Protection District Law of 1987 (Health and Safety Code Sections 13800, et seq.) and governed by the Board of Directors of the County of Alameda as its Board of Directors, hereinafter referred to as "ACFD", and the CITY OF EMERYVILLE ("City"), a municipal corporation, collectively referred to as the "Parties."

RECITALS

WHEREAS, ACFD has provided services to City since 2012 pursuant to the Agreement Between the City of Emeryvilie and the Alameda County Fire District Regarding Fire and Emergency Response Services, entered into on or about June 5, 2012 (the "2012 Fire Services Agreement"); and

WHEREAS, the term of the 2012 Fire Services Agreement expires on June 30, 2017; and

WHEREAS, the Parties intend to enter into a new Fire Services Agreement to replace the 2012 0 Fire Services Agreement; and I 1'J WHEREAS, the Parties require additional time to reach mutually agreeable terms for a new Fire 0 Services Agreement; and -..j WHEREAS, the Parties desire to extend the term of the 2012 Fire Services Agreement in order ' to prevent service interruption in the event that the 2012 Fire Services Agreement expires and the (11 City has not made alternative arrangements for fire and emergency response services; <.t\

THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ACFD and City agree as follows:

AGREEMENT

1. The foregoing recitals are true and correct.

2. Section 9.a. of the 2012 Fire Services Agreement City is amended as follows:

Delete: "This Agreement is for a term of five years. It shall continue in force from 12:00 a.m. on July 1, 2012 ("Effective Date") until 11 :59 p.m. on June 30, 2017, unless sooner terminated in accordance with the provisions herein."

Insert: "This Agreement is for a term of six years. It shall continue in force from 12:00 a.m. on July 1, 2012 ("Effective Date") until 11:59 p.m. on June 30, 2018, unless

Contract No. 16183-0114-CM05 Resolution No. 17-93 1 sooner terminated in accordance with the provisions herein or replaced with a successor agreement by mutual written agreement of the Parties."

All other provisions of the 2012 Fire Services Agreement remain unchanged.

3. Signatory. By signing this Amendment No. 1, signatory warrants and represents that he/she executed this Amendment No. 1 in his/her authorized capacity and that by his/her signature on this Amendment No. 1, he/she or the entity upon behalf of which he/she acted, executed this Amendment No. 1.

4. Counterparts. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

ALAMEDA COUNTY FIRE DEPARTMENT

By: Date: WILMA CHAN President, Board of Directors

Approved as to form DONNA . ZIEGLER, County Counsel:

By: ----..>----'~----­ Heather Littlejolin Deputy County Counsel

CITY OF EMERYVILLE

Carolyn Lehr, Ci}\' M~ager Date: 7 - 5 - I 7 Attest: ~ / V'-­ Sheri Hartz, City Clerk

2 (

3 RESOLUTION N0. 17-93

Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A First Amendment To The Alameda County Fire Department Agreement To Extend Fire And Emergency Response Services

WHEREAS, on June 2010, the City Council directed staff to evaluate methods of streamlining costs and increasing efficiencies in the Fire Department; and

WHEREAS, on June 2011, staff presented the City Council with the Citygate Associates report on the functioning, effectiveness and efficiency of the Emeryville Fire Department and including a recommendation to request proposals from the City of Berkeley, City of Oakland and the Alameda County Fire District (ACFD); and

WHEREAS, staff received proposals from the City of Oakland and ACFD, with the ACFD proposal representing the most comprehensive and efficient full-service turnkey operation; and

WHEREAS, on February 7, 2012, the ACFD proposal was presented in an open session to the City Council, with full support of the ACFD proposal voiced by the members of the Fire Services Task Force and the leadership of the Emeryville Local 55-IAFF bargaining unit; and

WHEREAS , Council directed staff to negotiate a contract for fire and emergency response services with ACFD; and

WHEREAS, on June 5, 2012, the City of Emeryville and the ACFD entered into a five­ year Agreement Regarding Fire and Emergency Response Services ("Agreement") effective July 1, 2012 through June 31 , 2017 (Resolution No. 12-79); and

WHEREAS, the ACFD possesses the unique set of knowledge, expertise and a proven track record of providing exceptional fire and emergency services to the City of Emeryville and desires to continue to provide such services; and

WHEREAS, the public interest will be served by this First Amendment; now, therefore be it

RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a First Amendment to the Agreement between the City of Emeryville and the Alameda County Fire Department regarding fire and emergency response services, to extend the term for one year, to June 30, 2018.

ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 20 , 2017 by the following vote:

~~C I TY OF EMERYVILLE Resolution No. 17-93 First Amendment Fire Service Agreement I June 20, 2017 Page 2 of 2

Mayor Donahue, Vice Mayor Bauters and Council Members AYES: 5 Martinez, Medina and Patz NOES: 0 ABSTAIN: 0 ABSENT: 0

AITEST: 8A-w I CITY CLERK CITY ATIORNEY

~~CITY OF EMERYVILLE For City Clerk's Office Only: AGREEMENT PACKET ROUTING SLIP Contract No. 14007-0000-CM04 [FOR ALL AGREEMENTS EXCEPT NEW PUBLIC BIDS] Resolution No. 12-79

Alameda Coun Fire District 2012-2017 Consultant/ContractorNendor Department Fire and Safet Emergency Response Services I Patrick O'Keefe Project Name Project Manager/Department Head D Contract Amount To Date I $560,000.00 I CIP Number EPW Number D Amendment Amount · I I $560,000.00 Total Amount D City Manager approval ($0 - $25,000) This agreement requires: D Redevelopment Agency approval (over $25,000) D City Council approval (over $25,000)

STEP 1: ADMINISTRATIVE/LEGAL REVIEW Procedure: 1. Submit to City Attorney for "Approval as to Form". City Attorney review agreements, signs, and checks which documents are to be included in the agreement packet. (City Attorney initial} 2. Project Manager submits agreements to Vendor for approval and signature. 3. Project Manager assembles documents as required by City Attorney, then submits compiled agreement packet to City Clerk's Office for processing. (Project Manager initial) Required by Submitted Required Prior to Council/Agency Meeting CAO with Packet D D Scope of Work or Bid Quote D D Vendor Signature D D Fee Schedule (if applicable) D D Initial agreement plus any previous amendments (if applicable) Required Prior to City Manager Execution D D Bid Bond D D Payment Bond D D General Liability D D Professional Liability 0 D Performance Bond D D Auto Insurance 0 D Worker's Comp./Waiver Clause D D City Living Wages/Prevailing Wages D D W-9 0 D Business License Application & Fees I License# D D Certificate of Insurance (COl)-Terms must match Agreement Requirements D D Purchase Order Requisition Form

STEP 2: REVIEW BY CITY CLERK 0 I attest that the attached agreements have been signed by both the City Attorney and Vendor before being submitted to the City Clerk's Office. (City Clerk initial) Date agreement submitted to Council/Agency for approval (if applicable): (Date)

0 I attest that all the above checked documents are included in this contract packet. ____ (City Clerk initial)

STEP 3: EXECUTION BY CITY MANAGER STEP 4: RETURN TO PROJECT MANAGER Agreements executed by City Manager: Original agreements returned to Project Manager:

•

RESOLUTION NO. 12-79

;..' ·• ) , r ·.:.-- : , - . REsoLuT10N of · r.:ie ·>·crrv~. cnuNc1L oF THE c1TY oF EMERYVILLE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND THE ALAMEDA COUNTY FIRE DISTRICT REGARDING FIRE AND EMERGENCY RESPONSE SERVICES

WHEREAS, in June 2010 the City Council directed staff to evaluate methods of streamlining costs and increasing efficiencies in the Emeryville Fire Department; and

WHEREAS, in September 2010 staff responded with a plan to evaluate Emeryville's fire services system by contracting with Citygate Associates consulting group and creating a Fire Services Task Force, comprised of Council members, representatives of the Emeryville Fire union and representatives of the Emeryville community; and

WHEREAS, in June 2011 staff presented to the City Council the Citygate Associates report of findings which detailed the functioning, effectiveness and efficiency of the Emeryville Fire Department, and included a recommended several options including requesting proposals from the City of Berkeley, City of Oakland and the Alameda County Fire District (ACFD) to provide fire and emergency response services in the City; and

WHEREAS, staff received proposals from the City of Oakland and ACFD, with the ACFD proposal representing the most comprehensive and efficient full-service, turnkey operation wherein all fire service related functions would be provided by the ACFD, at a cost savings to the cost of the current Emeryville fire service system; and

WHEREAS, on February 7, 2012, the ACFD proposal was presented in an open session to the City Council, with full support of the ACFD proposal voiced by the members of the Fire Services Task Force and the leadership of the Emeryville Local 55- IAFF bargaining unit; and

WHEREAS, the Alameda County Fire District possesses the unique set of knowledge, . expertise and a proven track record of providing an exceptional fire and emergency system to the unincorporated areas of the County, as well as the cities of San Leandro, Dublin, Newark, Union City, and the Lawrence Berkeley National Laboratory, and desires to extend their services to the City of Emeryville; and

WHEREAS, by contracting for fire and emergency response services through the ACFD, having the capability to provide an extensive list of core services to the City of Emeryville than ever experienced in the Department's history, while realizing an annual savings of approximately $560,000 in ~iscal Year 2012/13 alone; now, therefore, be it

RESOLVED that the City Council of the City of Emeryville hereby authorizes the City Manager to enter into a five-year Agreement between the City of Emeryville and the

0 CITY OF EMERYVILLE Resolution No. 12-79 Resolution for Agreement between City of Emeryville and ACFD for Fire Services May 15, 2012 Page 2 of2

Alameda County Fire District regarding fire and emergency.respoAse -services, in the form attached hereto as the Agreement with six Extijbits· ~ective, to July 1; 2012 through June 30, 2017, and with the first year proposed cost of $5,306,794.

ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 15, 2012

CITY ATTORNEY

0 CITY OF EMERYVILLE AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND THE ALAMEDA COUNTY FIRE DISTRICT REGARDING FIRE AND EMERGENCY RESPONSE SERVICES

THIS AGREEMENT is made and entered into this the_ day of 2012, which date is designated for purposes ofreference only, by and between the Alameda County Fire District, a dependent fire district formed under the Fire Protection District Law of 1961 (Health and Safety Code Sections 1380 I et seq.) and governed by the Alameda County Board of Supervisors, hereinafter referred to variously as ALAMEDA COUNTY FIRE DEPARTMENT, ACFD, and ALAMEDA COUNTY, and the CITY OF EMERYVILLE ("City"), a municipal corporation.

RECITALS

A. The City of Emeryville has relied upon the fire service proposal submitted by ACFD (Exhibit 4) and desires to enter into this agreement for the stated services at the identified cost.

B. The tenn of the agreement shall be as set forth in Section 9 of this Agreement.

AGREEMENT

In consideration of the mutual promises contained herein, the parties hereto agree as follows:

Section 1. Recitals.

The foregoing recitals are true and correct.

Section 2. Definitions.

As used in this Agreement:

a. "ACFD" means the Alameda County Fire District (also known as the Alameda County Fire Department), or any successor organization or successor govemmental entity. b. "Board of Directors" is the Board of Supervisors of the County of Alameda and who serve as the Board of Directors in their role as the governing body of the ACFD.

c. "City" means the City of Emeryville.

d. "City Council" means the City Council of the City of Emeryville.

Agreement Regarding fire and Emergency Page l of 31 Response Services· Emeryville/Alameda Councy 2012 '

e. "City Manager" means the City Manager of the City of Emeryville.

f. "County" means the County of Alameda.

g. "Fire Chief' means the chief executive officer of the ACFD.

h. "Fiscal Year" means the annual period commencing on July I and ending June 30.

Section 3. Scope of Services.

Within the boundaries of the City, ACFD shall provide and be fully responsible for the following services.

a. Incident Response.

1. General Service Criteria.

A. Response Area.

ACFD shall provide all services identified below to all areas within the incorporated limits of the City.

Currently, the City is divided into two major response areas for fire and medical incident response. (See Service Area Map attached as Exhibit 1.)

ACFD shall maintain a reciprocal response agreement with neighboring jurisdictions that will ensure an effective response identified in the Service Area Map attached as Exhibit l . Additionally, ACFD will develop and maintain a sub-contract with the City of Oakland to meet response requirements outlined in this agreement and is included as Exhibit 5. lfthe City of Oakland or any other response related agreement is cancelled by the contracting party, ACFD shall immediately notify the City.

8. Station Location/Staffing.

ACFD's response configuration to the City is based upon 2 stations and 2 engine companies as shown below:

Agreement Regarding Fire and Emergency Page:?. of 3 l Response Services· Emeryville/Alameda County 2012 Current Response Configuration

Emeryville Station No . l l Engine Company 3 Personnel (2333 Powell St) Emeryville Station No. 2 l Engine Company 3 Personnel (6303 Hollis St)

Within the City boundaries, ACFD will maintain a minimum staffing level of 6 personnel (2 companies) per shift. Each company shall consist of I captain, 1 engineer, and l firefighter. In the absence of ranked positions, qualified personnel will act in the next higher job classification (e.g., Engineer can act as a Fire Captain if qualified).

One of the three positions at each station will include a minimum of one state licensed paramedic accredited in Alameda County. The remaining personnel will be certified at least at the level of Emergency Medical Technicians with defibrillation capabilities accredited in Alameda County.

Each company on duty shall consist of the following minimum staffing number, job classification, and minimum required certifications (Exception: It is understood that probationary fire personnel may not meet these requirements until such time as their training is completed):

Station 1 (A, B, C) Captain FFI, FF2, EMT/EMT-P, ACFD Ca tain's Academy Station I (A, B, C) Engineer FFI. FF2, EMT/EMT-P, Driver/Operator Station I A,B,C) Firefi hter FFI, FF2, EMT/EMT-P Station 2 (A, B, C) Captain FF l, FF2, EMT/EMT-P, ACFD Ca tain's Academy Station 2 (A, B, C) Engineer FFI, FF2, EMT/EMT-P, Driver/Operator Station 2 (A, B, C) Firefi hter FF l, FF2, EMT/EMT-P

Agreement Regarding Fire and Emergency Page3 of31 Response Services· Emeryville/Al ameda County 2012 ACFD will ensure that the City has adequate response capabilities within the city in the event that permanently assigned units are not available for an extended period of time.

C. Response Levels.

ACFD shall respond to incidents as shown in the ACFD Emeryville Response Plan attached as Exhibit 2.

ACFD will, at a minimum, provide Advanced Life Support (ALS) response to include 12-lead EKG and mechanical CPR assist device on each frontline company. No reduction to this service level will occur without agreement between the City Manager and the Fire Chief.

D. Response Time.

On a single unit incident, ACFD shall arrive at the scene of an emergency incident within seven (7) minutes or less from the time that the Company is first dispatched for 90% of all code 3 emergency incidents. In a multiple unit response meeting the same criteria, the first due company shall arrive at the scene of an emergency incident within seven (7) minutes or less from the time that the company is first dispatched for 90% of all such incidents. The remaining units in the first alarm assignment shall atTive at the scene of the incident within eleven ( 11) minutes or less from the time that the first due company is dispatched for 90% of all such incidents.

In the event that the Alameda County Fire Department is unable to meet the established response time standards, the Fire Chief and the City Manager shall confer regarding ACFD's ability to meet the above stated perfonnance standards and to ensure such performance standards are met in the future at their regularly scheduled meeting.

Data on response times will be provided to the City Manager within 30 days of the calendar quarter in which the responses occur.

Agreement Rcg:trding Fire and Emergency Page 4 of 31 Response Service ·· Emeryville/Alameda County 20L2 E. Chief Officer Coverage.

ACFD will provide a Battalion Chief response for all first alarm fire and multiple piece incidents. Under normal conditions, the initial Battalion Chief response will be provided by an Oakland Battalion Chief as identified in the Oakland sub-contract in Exhibit 5; additional Battalion Chief response, depending on proximity, be an ACFD Chief Officer. For incidents of two alarms or greater. ACFD will, in addition, provide an additional Battalion Chief (or greater rank) response and sufficient management staff to appropriately mitigate the emergency.

Additionally, a Chief Officer at the rank of Division Chief or above will be assigned as the Assigned Chief Officer (ACO) to the City of Emeryville. The ACO will serve as the initial single point of contact for City of Emeryville staff with the Alameda County Fire Department.

F. Utilization of Contract Services outside of the City of Emeryville.

Automatic Aid Plans, Mutual Aid Plans, Borderless Response Plans, Daily Operational Plans, and any other plans utilizing contract fire services assigned to the City of Emeryville outside of the City, will be conveyed in writing to the City Manager prior to implementation.

G. Mutual Aid.

ACFD shall provide necessary services to meet the City's obligations with respect to mutual aid in accordance with, but not limited to, the Alameda County Fire Mutual Aid Plan, and all appropriate state of California interagency service agreements. ACFD shall work to develop expanded mutual aid, automatic aid and mutual response areas with other fire departments adjacent to the City of Emeryville.

2. Fire Suppression.

Fire Suppression services shall be provided in accordance with Section 3(a)(I )(A)-(G) above.

3. Emergency Medical Response.

Emergency Medical Response Service shall be provided in accordance with Section 3 (a)(l) (A)-(G) above. ln responding to Emergency Medical

Agreemenr Reg~rding Fire and Emergency Page 5 of 31 Response Services - E1ncryvitlc/Alamed:1 County 2012 incidents, each engine company will be staffed, at a minimum, with one (l) paramedic and two (2) EMT-I trained personnel.

All thirteen ( 13) paramedics identified in Exhibit 4, List of Cu.rrent Emeryville Fire Department employees, will be offered employment with ACFD at that rank. Six (6) of these with paramedic specialty pay will be utilized to staff stations located within Emeryville. The additional seven (7) specialty pays for paramedic will be absorbed by ACFD at no additional cost . to Emeryville.

ACFD shall fulfill City's obligations under the City's First Responder Agreements with the Alameda County Emergency Medical Services (EMS) District. ACFD's duty to fulfill the City's obligations under the latter's First Responder Agreements with the EMS District shall not affect the City's right to receive all revenue from the EMS District due to the City under the above agreements.

ACFD shall provide City all specialized EMS programs and training provided to other ACFD communities and personnel.

No reduction to this service level will occur without the Fire Chiefs consultation with the City Manager.

4. Hazardous Materials Response.

Response to Hazardous Material incidents shall be in accordance with the provisions of Section 3 (a)(l) (A)-(G) above.

ACFD participates in the Alameda County Mutual Aid Agreement.

ACFD will provide the same Hazardous Materials specialized apparatus and level of service to the City as provided to other communities served by ACFD. This does include response to sewage overflow when requested.

5. Rescue Services.

ACFD shall provide the City with rescue services in accordance with the provisions of Section 3(a)(l)(A)-(G) above.

ACFD will provide rescue tools for appropriate number of, but no less than two companies located in the City.

ACFD will provide medium level rescue services in the City as defined by

Agrtcmem RegArding Fire and Emergency Pagt.' 6 of31 Response Services • Emeryville/ Alameda County 2012 the California Office of Emergency Services Rescue Division.

ACFD will provide heavy rescue services to the City as defined by the California Office of Emergency Services Rescue Division. This service is available as needed.

ACFD will provide trained personnel to perform confined space rescue operation when required in the City.

6. Response to Mass Casualty Incidents.

ACFD shall respond to mass casualty incidents in the City with the same level of response provided to other areas served by ACFD.

7. Other Cal Is for Service.

ACFD shall respond to all other calls for services in accordance with the provisions of Section 3(a)(I) (A)-(G) above.

8. Homeland Security

ACFD will proactively participate on behalfof the City and represent the City in the planning, coordination and development of programs to address homeland security threats. The Department will maintain a state of awareness and readiness to respond to incidents impacting homeland security within the City.

ACFD understands that one of the City's priorities is to have the Emergency Operations Plan (EOP) revised and completed by June 30, 2013. However, a large portion of the EOP revision requires significant participation and input from City staff. ACFD and the City will meet within the first month of execution of this Agreement to develop a mutual time line for completion of the EOP, which at a minimum will include the completion of a NIMS/SEMS compliant EOP template document with City staff training to start by June 30, 2013. ACFD and the City will be responsible for meeting the established timelines for completion within their area of responsibility.

ACFD will conduct will coordinate with City Manager's Office to conduct one annual exercise per year. The exercise mat be either a tabletop, functional, or full-scale exercise that will build upon the skills of EOC staff. Prior to conducting drills, ACFD will offer training to key City staff to ensure personnel are prepared to fill their designated EOC assignments.

Agreement Regarding Fire and Emergency Page 7 of 31 Response Services - Emeryville/Alameda County 2012 •

9. Major Disaster Response.

In the event of a major disaster, ACFD will supplement the fire personnel assigned to Emeryville by providing additional resources for direct response to an incident or move-up coverage from ACFD Stations outside of the City provided that supplemental resources are available.

Upon activation of the City's Emergency Operations Center (EOC), ACFD shall provide sufficient staff to operate assigned functions in the EOC. Release of personnel and resources may occur after evaluation of local conditions and upon mutual agreement by the City Manager and the Fire Chief.

ACFD shall provide trained personnel who are members of the Urban Search and Rescue Team (USAR) and command level officers who are members of the Alameda County Incident Command Team (lCT) in the event that such personnel are required during a major disaster.

ACFD will ensure participation with regional organizations deemed necessary to ensure the City of Emeryville is represented in disaster preparedness and response.

I 0. Basic Cause and Origin Investigation Service.

ACFD fire personnel shall determine the cause of every fire, fire fatality or explosion within the City and where there is knowledge or suspicion that the crime of arson may have been committed. ACFD fire personnel shall work with the Emeryville Police Services in the investigation process.

b. Dispatch Service.

Alameda County Regional Emergency Communication Center (ACRECC) supplies dispatch services to partner agencies. ACFD may arrange for dispatch service through a different provider with the prior written approval of the City Manager, in which case the cost for such dispatch service shall not exceed the amount charged by the then-current provider at the time of the change.

ACFD acknowledges that the Oakland Fire Department currently dispatches Emeryville units. It is agreed that dispatch services will be provided by ACRECC within a reasonable amount of time necessary to ensure seamless interoperable communications between ACFD units operating in Emeryville, Oakland units, and other mutual or automatic aid partners. A plan for transition will be established between ACFD and Oakland and communicated to the City.

Agreement Regarding Fire- and Emerge1\cy Page 8 of 31 Response Setvices - Emeryvillt/Alamcda County 2012 c. Community Education.

I . Fire Prevention and Safety Programs.

ACFD will coordinate the planning and development of fire prevention and safety education training programs for schools, businesses, community associations, childcare providers and other members of the community. Additionally, ACFD will provide - upon request - safety and prevention training to elderly residents and staff members in senior care facilities. Programs to be provided by ACFD shall be as mutually agreed to by the Fire Chief and the City Manager. Current examples of education programs are as follows :

Bum Prevention Fire Safety in the Workplace Smoke Detectors Extinguisher Use Stop, drop & Roll Exit Drills in the Home Partners in Fire Safety Juvenile Firesetters Emergency Preparedness Fire in Health Care Facilities

2. CPR Training.

ACFD shall provide CPR training to members ofthe Emeryville Community at no charge to the participant. This training shall be provided within the boundaries of the City.

3. Community Emergency Response Team Program.

ACFD shall offer up to two Community Emergency Response Team trainings per year to members of the Emeryville Community. This training shall be coordinated with the City's current disaster preparedness programs. City staff shall work with ACFD to ensure annual CERT training is scheduled as part of ACFD's annual calendar setting process to enhance coordination.

4. Miscellaneous.

ACFD shall respond to specific requests from the community including, but not limited, to Fire Station Tours and Ride-a-longs.

ACFD will develop specific bulletins and programs targeted to meet identified needs or hazards within the City. Fire Prevention and Life Safety Programs will be tailored to educate City residents and business community in order to help preserve life and property.

Agreemem Regarding Fire and Emergency Page 9 of 31 Response Services · Emeryville/Alameda County 2012 •

d. Fire Prevention.

I . Office Space.

ACFD shall maintain an office in the Emeryville City Hall (1333 Park Avenue), or other location identified by the City, to provide fire prevention services. In the provision of those services, ACFD recognizes the need for business retention and attraction in the City and will make every effort to facilitate this goal while at the same time assuring community safety.

2. Fire Inspection Staffin~ .

ACFD shall provide I Fire Marshal, as needed, in accordance with the established shared allocation and I Deputy Fire Marshal. The City will fund one (I) .5 FTE administrative support position to provide clerical type support to Fire Prevention activities in EmeryviJle. The City Manager and the Fire Chief will mutually agree upon changes in the level of staffing, as the level of construction and development in the City may vary.

The ACFD Fire Marshal shall serve as the City of Emeryville Fire Marshal. Emeryville will have access to the Fire Marshal to ensure federal, state and local fire prevention ordinances requiring Fire Marshal approval or input are managed appropriately. These oversight services will include items such as fire code adoption, administration, enforcement, fire cause and origin investigations, plan check and inspection programs that are managed in accordance with established City ordinances and standards. The Fire Marshal will work with other City departments to ensure all fire and life safety programs are coordinated with the correct City resources as determined by the City of Emeryville.

Staffing and functions of the Emeryville Fire Prevention Office will include a Deputy Fire Marshal and .5 FTE Administrative Support. The fo llowing is a description of the positions:

I FTE - Deputy Fire Marshal

These individuals are supervisors and serve as the primary plan checker for the jurisdiction and conduct complex inspections within the City.

Agreement Rega rding Fire and Emergen y Page 10 of31 Response Services· Emeryville/ Alaml'da County 2012 0.5 FTE - Fire Prevention Administrative Assistant

This position shall perform fire prevention administrative duties for the fire prevention office in Emeryville. He/she will answer phones, schedule meetings, track plan review status, schedule travel and coordinate office purchasing and other administrative duties as assigned.

The ACFD has Fire Prevention staff that can be assigned to the City of Emeryville on a short-term, as-needed basis.

Emeryville and ACFD shall monitorworkflow and reflex time relative to Fire Prevention activities. Project work surges in Emeryville that exceed the capacity of the Fire Prevention staffing identified above will be handled by ACFD and billed to Emeryville on an hourly basis as identified in the approved annual budget~

3. Pre-development Planning.

The Fire Marshal or Deputy Fire Marshal assigned to the City will participate in pre-development planning. Pre-development planning will include but not be limited to the following activities:

A. Preparation of written comments based upon development/construction submittals made to the City;

B. Attendance at scheduled meetings with applicants when requested;

C. Active participation in the development and implementation of the City's permitting process; and

D. Attendance at weekly pre-development meetings as required.

4. Plan Submittal Review.

Under the direction of the ACFD Fire Marshal, ACFD Staff assigned to the City will review proposed construction plans to ensure compliance with the City's adopted Fire Codes. Written comments will be attached to plans to inform applicants of Fire Department requirements. All plans submitted for Fire Department review will be reviewed by qualified personnel and such review shall be completed within the timelines established by the City,

Agreement Regarding Fire and Emergency Page 11of31 Response Services · Emeryville/Alameda County 2012 provided such work can be performed with the staffing levels provided by this Agreement.

5. Development Inspection.

ACFD shall provide qualified personnel to perform fire inspection of all required construction projects. Inspection services shall be provided on all business days that are not designated as holidays. Off-hour inspections shall be made available by ACFD upon mutual agreement between City Manager and Fire Marshal. Inspection services shall be provided in a timely manner as detennined by the City. Inspection services shall verify compliance with the approved plans and adopted City regulations and policies.

6. Post Occupancy Services.

A. ACFD will utilize engine company personnel assigned to the City of Emeryville to perform annual inspections and pre-fire planning services. Pre-fire plans will be conducted at multi-family dwellings, educational and large retail/commercial business sites to develop familiarity of fire companies with the site, improve operations and identify hazards. Pre-fire plans will be consistent with ACFDs standard to ensure consistency for emergency response.

B. ACFD shall provide inspection and permit issuance services in accordance with lhe City's adopted Codes. A member of the ACFD Fire Prevention Staff shall perform these inspections.

C. ACFD shall review new business license applications in the City for compliance with the City's Fire Codes. Such review shall be provided in a timely manner. ACFD shall conduct a physical inspection of a new business to confirm that there are no existing fire code violations.

7. International Fire Code Administration.

A. Under the direction of the City Manager, ACFD will administer and enforce all City adopted fire codes and ordinances and other applicable State and Federal Codes and regulations.

B. ACFD will be responsible for monitoring changes to Fire Codes and providing the City with recommendations regarding proposed changes. ACFD will work with City Staff to complete the code adoption process.

Agreement Regard ing Fire and Emergency Page 12 of 3 l . Response Services· Emcryville/Afameda Counry 2012 8. Weed Abatement.

A. ACFD will work with designated City of Emeryville Code Compliance Officer and the Community Preservation Committee using the authority of the Emeryville Municipal Code to mitigate fire hazard issues associated with weeds and vegetation.

e. Administration.

I. Contract Administration.

ACFD designates the Fire Chief, or his or her designee, to represent ACFD in all matters pertaining to the administration of this Agreement.

The City designates the City Manager, or his or her designated representative, to represent the City in all matters pertaining to the administration of this Agreement.

The parties desire to work cooperatively to ensure that the City receives the highest level of service possible at the least-cost to both parties. Accordingly, the parties desire to set forth a process for reaching agreement on mutually acceptable alterations to this Agreement with regard to service delivery standards and material changes to the budget.

The City and AFCD will formally notify one another prior to a service delivery change and/or material budget modification. Said notification shall provide adequate time for the other party to provide comment, express concerns and to al low for agreement on the aforementioned changes and modifications.

2. Fire Chief Designation.

The Fire Chief is hereby designated by City as the City of Emeryville Fire Chief and shal I have and possess such authority as the Emeryville Municipal Code and general laws provide for the Fire Chief.

3. Liaison to City.

A. Although ACFD officially designates the Fire Chief as the direct liaison to the City Manager, the initial point of contact for day-to-day interaction will be the Assigned Chief Officer as desc1·ibed in this

Agreement Regardit1g fire and Emergency Page l3 of 31 Response Seivices ·Emeryville/Alameda County 2012 Agreement. Liaison responsibilities shall include but are not limited to:

(i) Attendance by the Fire Chief or his designee at Department Head, City Council, and other City meetings when requested by the City Manager; and

(ii) Meetings with the City Manager as requested by either the Fire Chief or City Manager to discuss budget, operational or other issues that may arise.

B. ACFD will promptly notify the City Manager of the following events occurring within the City.

(i) Any fire in excess of two alarms;

(ii) Any fire fatality;

(iii) Major hazardous materials response;

(iv) Serious response-related injury to any firefighter responding to service within the City;

(v) Any evacuation; and,

(vi) Any incident' or event with potential of partial or full activation of City of Emeryville EOC facility.

C. The ACFD Fire Marshal shall be responsible for the operation of the Fire Prevention Div is ion in the City of Emeryville. The Fire Marshal or Deputy Fire Marshal shall be responsible for attending all meetings necessary to meet the City's Fire Prevention needs.

4. Community Events.

ACFD will participate in the planning and implementation of community activities such as tree lighting ceremonies, Chamber of Commerce functions and similar events as reasonably requested by the City Manager.

5. Reports and Records.

A. Records related to providing services to the City under the terms of this Agreement shall be the property of the City.

Agreement Regarcliug Fire and Emergency Page 14 of 31 Response Services · Emeryville/Alamt"da Counry 2.012 B. ACFD will maintain sufficient records to enable the City to meet its reporting obligations and needs as they relate to the provision of services as provided for in this Agreement and as such services relate to performance obligations which are provided for in other agreements which the City has or may enter into (e.g., Annexation Agreement, EMS First Responder Agreement).

C. ACFD will maintain sufficient financial records related to the performance of services under this contract to enable the City to seek financial reimbursement for disaster response, hazardous material and other incident response for which the City may be eligible for reimbursement.

D. ACFD will provide to City Manager all fin~ncial and statistics utilized for monthly reporting in the Public Safety Committee, and other reports reasonably requested by the City Manager.

E. Upon request by the City Manager, ACFD will make available its records for audit and inspection by the City Manager, or his or her designated representative.

F. It is understood by the City that ACFD will continue the current practice of a yearly independent audit of ACFD's financial performance. ACFD shall provide such audit reports to the City Manager within thirty (30) days of publication.

6. Fire Complaints and Requests for Service.

A. ACFD shall inform the City Manager of any and all complaints regarding the provision of services to the City by ACFD.

B. ACFD shall reasonably accommodate requests for service from the community. Requests for service, which are not included within the scope of this Agreement, shall be provided by ACFD subject to mutual agreement by Fire Chief and City Manager.

C. ACFD will provide a high level of customer service to the City in accordance with the City's Customer Service Policy.

Agrecmen Regard ing Fire and Emerge ut y l'age 15 of3l Response Services - Emeryville/ Alanu~ d a Councy 2012 7. Fire System Planning.

A. The Fire Chief will support the City in planning the extension of fire services and facilities as the City grows.

B. If the City requires additional contract services to provide fire and emergency services to areas not cun-ently served by the City through its contract with ACFD, the Fire Chief and City Manager will negotiate a mutually acceptable amendment to this Agreement to provide such services which shall become effective upon approval by the governing bodies ofACFD and City.

C. This paragraph shall not apply to those services provided under mutual aid, automatic and/or other interagency response agreements.

8. Fees and Miscellaneous Revenue Collection.

A. ACFD will assist the City in the development of an appropriate fee schedule for fire services rendered in the City by ACFD. ACFD will provide all documentation necessary to support the imposition of fees by the City.

B. All fees and other revenues attributable to the provision of services rendered by resources funded by this Agreement shall be the prope1ty of the City.

C. All fees and other revenues described in paragraph B above shall be collected by the City with the assistance of ACFD when necessary.

9. ACFD Advisory Commission.

The City shall be entitled to have up to two City Council Members on the Alameda County Fire Department Advisory Fire Commission.

I 0. Executive Management Oversight Committee CEMOC)

The City shall be entitled to have up to one City representative (City Manager or designee) on the Alameda County Fire Department Executive Management Oversight Committee. Further ACFD agrees that any issue with the potential to increase expenditures to the City (i.e., 2% or more of payroll) or matters of significant importance (e.g., public policy, annual budget, addition or deletion of a contracting agency, appointment or promotion of senior management

Agrec 111cnr Regarding Fire and E111e rgency Page 16 of3 1 Response Services· Emeryville:/ Alameda Counry 20L2 personnel, etc.) be vetted through a consensus process to be developed by the members of the EMOC.

11 . Local ldentity.

It is important that the Emeryville community closely identify with the provision of fire services as a municipally provided service. ACFD shall identify fire facilities and apparatus with the name of Emeryville and ACFD so that such facilities and apparatus are clearly visible to the Emeryville community. This identification shall not be changed until the design is mutually agreed to by the City Manager and the Fire Chief.

Section 4. Facilities.

a. Buildings and Real Property.

I. Use of Fire Station No. l and 2.

City will provide ACFD use ofthe City-owned Emeryville Fire Station No. I located at 2333 Powell St and Station 2 located at 6303 Hollis St for performance of services to the City of Emeryville under the terms of this Agreement. The ACFD will be provided use of this facility at no cost to ACFD. Responsibility for maintenance of the building and grounds are as set forth below.

2. City Responsibility.

City shall be responsible for grounds maintenance, building repairs, painting, major carpet/floor cleaning, window cleaning, pest control, water softener, fuel tank maintenance, utilities, phone service, and fire alarm service. The scheduling of repairs shall be coordinated with the ACFD designated Facilities Coordinator.

3. ACFD Responsibility.

ACFD shall be responsible for dispatch lines and day-to-day cleaning and light maintenance of the facility. Only those actual and direct costs incurred by the ACFD in maintaining this facility shall be charged to the City. Those costs incurred by the ACfD in performing maintenance and repair responsibilities as provided for in this section shall be identified separately by facility on the ACFD's bill for services to the City and on ACFD's annual budget submittal to the City. ACFD shall have no responsibility for

Agreement Regarding Fire and Emergency Page 17 of 31 Response Services - Emeryville/Alameda County 2012 maintaining general liability and property insurance for City-owned Fire Stations.

4. Fire Prevention.

The City shall be responsible for providing office space and equipment (including one vehicle, City computers with network access if required to access the City's database/system) for ACFD Fire Prevention personnel assigned to the City. The City will incur all costs associated with providing office space, vehicle, and equipment related to providing services performed pursuant to this Agreement.

In the event ACFD utilizes City facilities not already provided for in this Agreement to provide ACFD services, ACFD shall reimburse the City for the cost of providing such facilities/equipment as mutually agreed upon by the City Manager and Fire Chief.

5. Return Upon Termination.

Upon termination of this Agreement, ACFD will deliver Fire Stations 1 and 2 to the City in serviceable condition, reasonable wear and tear excepted.

b. Apparatus/Eguipment.

I. Use of Apparatus and Equipment.

The City will provide ACFD use of City-owned apparatus and equipment identified in Exhibit 3 ("City of Emeryville Fire Apparatus/Equipment Inventory") for performance of services to the City under the terms of this Agreement. The City may purchase new equipment and apparatus, as necessary, in order to maintain adequate service levels and to ensure safe working conditions. The City will be responsible for maintaining registration and licensing of City owned equipment.

2. Maintenance.

ACFD shall repair and maintain such apparatus and equipment to appropriate and applicable fire service standards. ACFD shall maintain complete maintenance and repair records on all major pieces ofapparatus. ACFD shall have no responsibility for maintaining property insurance for such apparatus and equipment.

Ag re?emem Regarding Fire and Emcr,::cucy Page 18 of 31 Response Services· Emeryville/Alameda County 2012 3. Apparatus Replacement.

ACFD shall submit a proposed apparatus replacement schedule to City indicating the anticipated dates for replacement of major pieces of apparatus. ACFD shall provide the City with sufficient advanced notice regarding the need to replace apparatus and equipment.

City shall bear all costs to replace apparatus and major equipment and may create such reserves for depreciation as may be necessary and prudent for replacement of apparatus and major equipment.

4. Annual Inventory.

ACFD shall assist the City in ma.intaining an annual inventory of City apparatus and equipment.

5. Deletion or Addition of Apparatus and Eguipment.

Upon agreement between the Fire Chief and the City Manager, individual pieces of apparatus and equipment specified in Exhibit 3 may be deleted from the inventory available to ACFD for performance of services under this Agreement or new apparatus and equipment may be added to such inventory. Notwithstanding anything to the contrary in this Agreement, such modifications to this inventory shall not be considered an amendment to this Agreement.

6. Return Upon Tennination.

Upon termination of this Agreement ACFD will deliver to the City all City owned equipment and apparatus forthwith in good and serviceable condition.

c. Information Technology

ACFD shall provide all networking equipment; communications lines; hardware; software; cabling upgrades; telephones and telephone systems; print, copy, and fax devices; and all other technology and support required to meet all aspects of its obligations under this Agreement per the costs estimated in the ACFD Full Service Five Year Projections (Exhibit 6).

Agree.ment Regarding Fire and Emergency Page 19 of3 l Response Services · Emeryville/Alameda County 2012 Section 5. Cost of Services.

a. Fire Budget.

I . Operating Budget.

For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit a budget for the succeeding fiscal year to the City Manager in accordance with the City's budget instructions and required deadlines.

2. Monitor Indirect Charges.

ACFD will evaluate the appropriateness of the County's indirect charges and, where necessary, consult, on behalf of all entities contracting with ACFD, with the County regarding indirect charges.

3. Consultation Regarding Changes to MOU.

ACFD will consult with the City regarding any changes to its existing Memorandum of Understanding (MOU) with Alameda County Firefighters Local 55A and 55B or any new MOU which applies to ACFD employees prior to agreeing to such changes or new MOU.

4. Capital Requirements.

The Fire Chief will also recommend any capital needs or modification to services, which the City provides to directly support the provision of ACFD contractual service. These recommendations shall be submitted along with the contract Fire Budget.

5. City Adoption of Budget.

The fire budget, as modified by the City Manager as necessary, shall be included in the City Manager's proposed Annual Budget and Capital Improvement Program.

The fire budget shall be reviewed, modified (if necessary) and approved by the City Council al the same time and place as the City's Annual Budget.

Agreemem Regarding Fire :mcJ Emergency Page 20 or 31 Response Secvices - Emeryville/ Alameda County 2012 6. Management of Budget.

ln accordance with the expenditures authorized by the fire budget, the Fire Chief shall be responsible for managing the fire budget to keep fire expenditures within the amount budgeted. If. during the year, the Fire Chief believes that the approved fire budget is insufficient in any respect to insure the provision of service at the service levels required by this Agreement, he or she shall immediately inform the City Manager in writing specifying the budgetary deficiency.

7. Form of Budget.

The budget shall be submitted to the City in a form identified by the City Manager or designee so long as the budget data is practicable.

b. Payment for Services.

I. City Payment.

The City shall pay ACFD the actual cost incurred by ACFD for providing services under this Agreement, which may be more or less than the amount included within the budget.

2. Quarterly Expenditure Report.

No later than 45 days following the end of each quarter, ACFD shall deliver to the City a report setting forth the actual expenditures during the preceding quarter and the percentage of the budget, which such expenditures represent.

3. Method of Billing and Payment.

City will pay ACFD monthly within 45 days of receipt of the monthly invoice. The invoice amount for the first two months of the quarter will be based on the average monthly budget expenditures for the fiscal year (annual budget divided by l 2). The invoice amount for the third month of each quarter will be reconciled utilizing the actual quarterly expenditure report.

If such monthly payments are not received by ACFD within forty-five (45) days after the receipt of the quarterly expense statement and or reconciliation statement; ACFD shall recover interest thereon. Said interest shall be at the rate of one percent ( l %) simple interest per calendar month or any portion thereof calculated from the last day of the month in which .the services were performed.

Agreemcm Reg:uding Fire and Emergency rage 21 of31 Response Services· E111cryville/Alnmcd:.i County Z012 4. Billing Dispute.

In the event the City disputes any portion of the quarterly invoice submitted by ACFD pursuant to this Agreement, the Fire Chief shall meet with the City Manager, and the Fire Chief and the City Manager shall attempt to resolve the dispute. Billing disputes not resolved at the City Manager and Fire Chief level may be escalated by giving written notice to the other party of the need to proceed with mediation. It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. Within fourteen (14) days from the date of notice, the parties shall mutually select one person who shall mediate the dispute. The parties should select a. qualified professional with expertise in the subject matter of the dispute. If the parties are unable to mutually agree upon a mediator within fourteen ( 14) days, the parties shall each designate one person as mediator by the fifteenth ( 15) day notice. These two designated mediators shall mutually select a third mediator (also a qualified professional with expertise in the subject matter of the dispute) within twenty-one (21) days of the notice. The one selected mediator shall mediate the dispute. The mediation shall be completed within thirty (30) days of the appointment of the mediator. The mediation shall be conducted in accordance with the discretion of the mediator. However, if the mediator is unable to resolve the dispute within thirty (30) days, the mediator shall submit specific and written recommendations for full resolution of the dispute within ten (I 0) days thereafter. The written recommendations by the mediator shall be taken seriously by both parties. In addition, these written recommendations shall be reviewed by the governing bodies of both parties. Within forty-five (45) days of receipt of the written recommendations from the mediator, the governing bodies shall give the respective parties input for resolution of the dispute. After input from the governing bodies, the parties may continue to negotiate a resolution of the dispute. The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either party by the mediator for good cause shown.

5. Modifications Affecting Billing and Payment

In the event that ACFD enters into a contract to provide services to another entity, or terminates such an existing contract, and the creation or tcnnination of that contract affects the resources and/or costs allocated by ACFD to the City, the ACFD, in consultation with the City, will adjust the cost/resource allocation in the next fiscal year as agreed to between the City and the ACFD.

Agreement lkgarding Fire and Emergency Page 22 of 31 Response Services· Emeryville/ Alameda County 2012 c. Retiree Healthcare Plan Unfunded Liability

I. Side Fund Calculation

The City shall establish a side fund consisting of the City's unfunded actuarial accrued liability based on the requirements of a minimum 5 years employment with ACFD and 20 years of CalPERS service credit vesting. The specific City liability will be detennined using criteria consistent with ACFD actuarials on OPEB liability based on the staffing levels of transferred City employees and the benefit in effect on July I, 2017.

2. Funding of Retiree Healthcare Plan Unfunded Liability

The strategy of funding retiree healthcare plan shall be vetted through the EMOC process. The City will determine its funding policy for its allocated retiree healthcare plan unfunded liability.

3. Withdrawal Liability Methodology

The City shall be responsible for its proportionate share of retiree healthcare plan unfunded liability remaining with the ACFD plan if the contract for fire service with ACFD is terminated. The amount of City liability will be based on a mutually agreed upon formula.

Section 6. Personnel.

a. General Provisions

Upon the Effective Date of this Agreement, the City will be relieved of all fire department personnel management related responsibilities. ACFD will be responsible for salary management, disciplinary actions, labor relations, risk management, salary and benefit determinations, grievances, personnel-related legal actions and the implementation of any new or changed personnel rules or regulations.

b. Disposition of City Fire Department Sworn Employees

As described in Exhibit 4, the Alameda County Fire Department will make job offers to all Emeryville Fire Department safety personnel in good standing at an equivalent rank to that of their Emeryville ranks ofFirefighter, Engineer, and Captain if they are active members of the Emeryville Fire Department the day fire protection services are transferred to the Alameda County Fire Department. The Emeryville Fire Inspector will be made a job offer at the ACFD rank of Deputy Fire Marshal and Fire Chief

Agrcemenr Regarding fire and Emergency Page 23 of 31 Response Services · Emeryville/Alam eda County 2012 will be made a job offer at the ACFD rank of Division Chief if they are active members of the Emeryville Fire Department the day fire protection services are transferred to the Alameda County Fire Department.

c. No City Liability

The City is not liable for compensating ACFD Employees. The City shall not be liable for the direct payment of any salary, wages, or other compensation to ACFD personnel performing services hereunder for the City, or any liability other than that provided in this Agreement. The City shall not be directly liable for compensation or indemnity to any ACFD t:mpluyt:t: fur injury or sickness arising out of his/her employment, except as part of the City's payment of indirect costs and Risk Management cost to the ACFD.

d. Labor Relations

The Fire Chief shall consult with and advise the City Manager on all material matters pertaining to labor relations between the ACFD and its recognized employee organizations, when such matters and the resolution of them may affect the service levels or the City's costs pursuant to this Agreement.

Section 7. Indemnification.

a. Mutual Indemnification.

Except as otherwise specifically provided in this Agreement or any attachment hereto, County, on behalfofitself and the ACFD, shall defend, indemnify, and hold harmless the City, its elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind or nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of County and/or ACFD, their elected or appointed officials, officers or employees in connection with or arising out of the performance by County and/or ACFD and its elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality of a County ordinance.

Except as otherwise specifically provided in this Agreement or any attachment hereto, the City shall defend, indemnify, and hold harmless the County and ACFD, their elected and appointed officials, officers, and employees free and harmless from any and all claims for damage or injury to persons or property whatsoever kind of nature, including consequential damages, based or asserted upon any act or omission of or purported act of omission of City, its elected or appointed officials, officers or employees in connection with or arising out of the performance by City and its

Agreemem Regarding Fire and Emergency Page 24 of 31 Response Seivices . Emeryville/ Afamt d:1 County 2012 elected or appointed officials, officers and employees of this Agreement and with regard to any alleged illegality or unconstitutionality of a City ordinance.

b. Mutual Indemnification Obligations Survive Termination.

The obligations created by Section 7(a) shall survive the expiration or termination of this Agreement as to activities occurring or being can·ied out during the term of this Agreement in the performance of this Agreement.

Section 8. Insurance.

a. General and Auto Liability.

ACFD shall maintain general and auto liability insurance, including bodily injury and property damage, with a single combined liability limit of not less than$ I 0 million insuring all liability of County, including ACFD and its authorized representatives arising out of and in connection with the provision of service by ACFD under this Agreement, including the use and/or occupancy of City owned equipment, apparatus, real property and premises.

The City shall be named as an additional insured and the policy shall contain cross liability endorsements. An endorsement shaU be provided which states that the County coverage is the primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under this coverage. ACFD, on its own or through the County, may self-insure to these limits of coverage. ACFD shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement at any time.

Agree ment Regarding Fire and Emergency Page 25 of31 Response Services · Emeryville/Alam eda County 2012 b. Property and Auto Insurance. ACFD shall maintain property insurance at replacement value of City owned licensed and non-licensed vehicles, equipment, and apparatus for property damage arising out of and in connection with the provision of service by ACFD under this Agreement.

ACFD shall not be responsible or liable for City owned licensed and non-license vehicles, equipment, and apparatus damages attributable to, "acts of nature", manufacturer's defective design and/or construction, general wear and tear, damage not arising out ofand in connection with the provision of service by ACFD under this Agreement, or inadequate maintenance by the City in accordance to the manufacturer's specifications.

ACFD will not maintain any insurance for City owned real property and buildings, or the contents of the City owned buildings (unless otherwise specified in this Agreement), including but not limited to, City owned fire stations.

ACFD shall furnish City with original certificates effecting coverage required by this Agreement. All certificates are to be received and approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement at any time.

c. Workers' Compensation Insurance.

ACFD shall maintain Workers' Compensation Insurance as required by the State of California and Employers Liability Insurance. Employers Liability Insurance shall have limits of no less than$ I million per accident for bodily injury or disease. The ACFD, on its own or through the County, may self-insure to the limits of coverage. ACFD shall provide City with an endorsement that its Workers Compensation insurer (or ACFD or the County of Alameda if it is self-insured on its own or through the County) waives the right of subrogation against City, its officers, officials, employees and volunteers for all claims incurred on or after the Effective Date of this Agreement, as of the date specified in Section 9a, during the tenure of said Agreement.

d. Workers' Compensation Claims for Employees in Exhibit 4.

1. The City shall be fully responsible for all Workers' Compensation claims including all Labor Code 4850 benefits with date of injury (DOI) prior to the date of execution of this Agreement, as of the date specified in Section 9a, with respect to the persons identified in Exhibit 4. The City shall administer the claims and shall solely be liable for all administration and settlement costs. The City is also responsible for claims that were incurred prior to the date of

Agm:mc111 Regarding Fire and Ei11crge11cy Page 26 of 31 Response Setviccs · Emeryville/ Alanu:da Counry 2012 execution of this agreement AND that are:

• Reopened • Incurred but not reported • Submitted for new and further disability • Incurred subsequently and consequently to the original claim

2. The ACFD shall be fully responsible for all Workers Compensation claims not the responsibility of the City pursuant to paragraph 1 (above). The ACFD shall administer said claims and shall solely be liable for all administration and settlement costs.

3. For cumulative trauma claims that span both agencies and for all Labor Code presumptive claims filed on or after the date of execution of this Agreement, the ACFD shall administer these claims. The cost of administration and settlement shall be pro-rated between the ACFD and the City based on the length of services for each employer. Should the claim involve prior employers, the City shall be responsible for the service time. The City and the ACFD agree to cooperate with each other in the administration of the claims that involve both parties, including any decisions or determinations regarding industrial disability retirement, notwithstanding paragraph 9c, below. This includes, but not limited to, the sharing of notes, reports and other documents. The City shall have the right to review and contest any determination of a recurrence of a prior injury. In the event that an agreement cannot be reached, the City and the ACFD shall accept the Worker's Compensation Appeals Board decision as the final decision and without further appeal rights on this limited issue.

e. Industrial Disability Retirement.

The County Director of Risk Management or designee shall solely be responsible for making determination of industrial disability retirement for CalPERS retirement application for the employees listed in Exhibit 4.

Section 9. Miscellaneous.

a. Term.

This Agreement is for a term of five years. It shall continue in force from 12:00 a.m. on July I, 2012 ("Effective Date") until 11 :59 p.m. on June 30, 2017, unless sooner terminated in accordance with the provisions herein.

The parties will make every effort to begin the renewal process and evaluation process at least six (6) months in advance of the date of expiration of the contract to

Agreement Regarding Fire and Emergency Page 27 of31 Response Services· E1Ueryville/Alameda County 2012 allow sufficient time for evaluation of performance, the development of mutually desired contract changes (if necessary), and the scheduling for approval of the new Agreement to the City Council of Emeryville and the Alameda County Board of Directors.

b. Termination.

This Agreement may be unilaterally terminated effective June 30 of any fiscal year, by either party, by giving written notice of termination to the other party not later than September l of the same fiscal year.

Upon termination of this Agreement, the City either directly or through its tire service provider shall offer employment to nineteen ( 19) ACFD employees. The City and ACFD will mutually agree on the numbers of each classification. Such ACFD employees shall meet minimum qualifications based upon industry standards for Fire Captain, Fire Engineer, Firefighter, Firefighter/Paramedic, and Deputy Fire Marshal. The number of offers of employment to be made by the City shall be reduced by the number of resignations, retirements, and or terminations of ACFD Captains, Engineers, Firefighters, Firefighter/Paramedics, and Deputy Fire Marshal, respectively, occurring between the date of notice of termination and the date of termination. For example if two (2) Captains, two (2) Engineers, and one (I) Deputy Fire Marshal retire from ACFD between the date of notice of termination and the date of termination, City shall make offers of employment to fourteen ( 14) employees of ACFD. If more than one contracting agency exercises the termination clause at the same time then credit for retiring employees will be assigned consistent with the allocation percentage of each agency rounded to the nearest whole number.

c. Notices.

All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand or mailed, by United States mail, postage prepaid, certified or registered mail, addressed to the parties at the addresses set forth below or to such other address as may, from time to time to designated in writing.

To ACFD: Fire Chief Alameda County Fire Depa1tment 835 East 14th Street, Suite 200 San Leandro, CA 94577

To City: City Manager City of Emeryville I 333 Park A venue Emeryville, CA 94608

A.Rree1i1cm Regard ing Fire and Emergency Page 28 of 3 l Response Services · Emeryvillc.'/Al:uneda Councy 2012 d. Further Obligations.

The parties recognize that this Agreement cannot represent a complete expression of all issues, which may arise during the performance of the Agreement. Accordingly, ACFD and City agree to meet and confer in good faith over any issue not expressly described herein to the end that the City will obtain the best fire and emergency medical services possible under the most favorable economic terms and that ACFD will be fairly and adequately compensated for the services it provides hereunder.

e. No Assignment of Agreement

With the exception of the sub-contract with the City of Oakland described in Exhibit 5, ACFD covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City.

f. Exhibits

Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Each such Exhibit is a part of this Agreement and each is incorporated herein by reference.

In the event of discrepancy between any Exhibit or part thereof and this Agreement, the terms of this Agreement shall control.

g. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect and shall be enforced to the fullest extent permitted by law.

h. Governing Law, Jurisdiction and Venue; Attorneys Fees

The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties under this Agreement and shall govern the interpretation of this Agreement.

The parties agree that any litigation between City and ACFD concerning or arising out of this Agreement shall be filed and maintained exclusively in the Superior Court of California, County of Alameda, or in the United States Court for the Northern District of California to the fullest extent pem1issible by law. Each party consents to service of process in any manner authorized by California law.

Agreement Regarding Fire and Emergency Page 29 of31 RcsponS<' Services · Emeryville/ Al;imt'da County 2012 ff any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which said party may be entitled.

IN WITNESS WHEREOF, the City, by resolution or ordinance duly adopted by its City Council, has approved the execution of this contract by its mayor, and the County, by order of its Board of Directors has ratified the execution of this contract by the President of the Board of Directors of the Alameda County Fire Department, this_ day of , 2012.

Approved as to form and content:

Donna Ziegler, County Counsel

By: ~~~~~~~~~~~~~ County Counsel

A ITEST: Crystal K. Hishida Alameda County, a political subdivision of Clerk, Board of Directors Alameda County, the State of California, as the governing California body of the Alameda County Fire Department

Crystal K. Hishida Nate Miley, President

l hereby certify under penalty of perjury that the President of the Board of Directors was duly authorized to execute this document on behalf of the Alameda County Fire Department by a majority vote of the Board on , 2012.

Crystal K. Hishida, Clerk Board of Directors, Alameda County Fire Department, State of California

Agrl.'ement Regard ing Fire and Emergency Page 30 of31 Response Seivicc-s · Emeryville/ Alameda County 2012 ADOPTED BY:

CITY OF EMERYVILLE, A Municipal Corporation

Approved as to form:

Michael G. Biddle, City Attorney UST OF EXHIBITS

Exhibit I: Service Area Map

Exhibit 2: Alameda County Fire Department Emeryville Response Plan

Exhibit 3: City of Emeryville Fire Apparatus/Equipment Inventory

Exhibit 4: Scope of Work

Exhibit 5: ACFD/Oakland Services Agreement ("Subcontract")

Exhibit6: 5-Year Cost Projections APPENDIX C - Emeryville Fire Jurisdiction Map Ern er ville Fire Jurisdiction Ma

Alameda County Fire Department: Proposal fOI' Contract Fire Services to the City of Emeryvil,lc SI Alameda County Fire Department Exhibit 2 Emeryville Response Plan

PROPOSED ACF Response Nature Nature Code ACF Response for Battalion ACF Response for Battalion for Emeryvllle (includes Code Description 2, 3 and 4 7 OFD) AE AIRCRAFT 3E, 1T, 1R, 1 BC 3E, 10, 1R, 1 BC JE, 1T, 1R, 1 BC EMERGENCY ON LAND

AS1 ALARM SOUNDING - 1 E 1 E or 1 Q 1 E RESIDENTIAL AS2 ALARM SOUNDING - 1E & 1T 1E & 10 1E & 1T COMMERCIAL ALARM SOUNDING JE, 1T, 1R, 1 BC JE, 10, 1R, 1 BC 4E, IT, 1 BC (& 1R) TARGET HAZARD BFD BOAT FIRE DOCKED 1 E & 1RB 1EOR10 & 1RB 1 E & 1RB BFO BOAT FIRE OPEN 2 RB & 1BC 2RB&1BC 2 RB & 1BC WATER co CARBON MONOXIDE 1Tand1E 10 and 1E 1T and 1E DETECTOR OA CITIZEN ASSIST 1E or 1T 1E or 1Q 1E or 1T EMS RESPONSE 1Eor1 Tor 1 R 1 E or 1 O or 1 R 1Eor1 T Its EMS RESPONSE- 1 E or 1 Tor 1 R 1 E or 10 or 1 R 1 E or 1 T STAGING REQUIRED l'!ll EXPLOSION 3E. 1T 1R. 1 BC JE 10 1R 1 BC 4E 1T 1 BC<& 1 Rl FC FIREWORKS 1 E or 1 Tor 1 R 1Eor10or1 R 1Eor1 T COMPLAINT t1M1 HAZ MAT LEVEL 1 1 E 1EOR10 1 E H~ HAZ MAT LEVEL 2 2E , 1T, 1BC, HM12, HM25, 2E, 10, 1BC, HM12, HM25, 2E, 1T, 1BC, HM12, HM25, C18 Captain 20 & DC C18. Caotain 20 & DC C18 Caolafn 20 & DC IMTU HYDRANT PROBLEM - 1Eor1 T 1 E or 1Q 1 E or 1 T LEAKING HYDRANT PROBLEM - 1Eor1 T 1 E or 1 0 1Eor1 T SHEARED GU NATURAL GAS LEAK - JE, 1T, 1R. 1 BC 3E, 10, 1R, 1 BC 4E, 1T, 1 BC (& 1R) INSIDF ,

-•· VEGETATION Winter - 1 E (Type 1, 3, or 4) Winter - 1 E (Type 1, 3, or 4) or Winter - 1 E (Type 1, 3, or 4) RESPONSE Fire Season - 3 E (Type 3,4, or 1 Q Fire Season - 3 E (Type Fire Season - 3 E (Type 3,4, or 1), 10, 1WT, 1 BC 3,4, or 1), 10, 1WT,1 BC 1), 10, 1WT,1 BC

WIRESOOWN 1 E or 1 T 1 E or 1 Q 1 E or 1 T WATER REMOVAL 1 E or 1 Tor 1 R 1 E or 1 a or 1 R 1 E or 1 Tor 1 R WATE_" RESCUE. 16C 2RB 1BC 2R6 1BC. 2RB WR LEVEL II 2 RB, 1R, 1 BC, C18, Captain 2 RB, 1R, 1 BC, C18, Captain 2 RB, 1R, 1 BC, C18, Captain 20 & DC 20 & DC 20 & DC WR LEVEL Ill 2RB, 3E, 1T, 1R, 2HM, 2 BC & 2RB, 3E, 1Q, 1R, 2HM, 2 BC & 2RB, 3E, 1T, 1R, 2HM. 2 BC & ACFSTAFF ACFSTAFF ACFSTAFF Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 1 of 10

Apparatus Equipment Inventory Response/Suppression Vehicle Schedule:

(Engine 2441 , Assigned Sta. 1) 4S7AT2C928C Front_line I 2009 Smeal 1 2010 2024 I 2031 ID: 3761 070755 engine (Engine 2442, Assigned Sta. 2) 4STA T2C948C Front_line I 2009 Smeal 1 2010 2017 I 2024 ID: 3762 070756 engine 4S7AU4390XC 55' Reserve ID: 1985 I 1999 Smeal I I 2000 2010 I 2017 I 023618 Quad engine These recommendations are based on the following assumptions:

1. Engines s·erve a 15/20 year lifespan in ACFD. Because of the small fleet size and need to maintain one engine in reserve, it is difficult to attain this schedule while preserving a regular cycle for new purchases of apparatus. It is suggested that Emeryville adopt a nearly similar schedule: 14 years of front line service with 7 years in reserve (total useful life of 21 years-just a year over the 20 years suggested limit). The City would purchase one new engine every 7 years. The engine replacement cycle has been staggered so only one engine is due for replacement at a time-thus minimizing impact to funding the vehicle replacement schedule and optimizing useful life. Thus, the next engine purchase should be timed to place it in service in the year 2017 (when the current reserve unit will time out); the following purchas~n service date at 2024 and every 7 years thereafter.

Utility and Staff Vehicles:

~··~.....

2400 2008 Ford Crown Vic I 2FAHP71V48X132702 Sedan ACO staff vehicle 20142 2008 Prevention 2431 2008 Ford Escape I 1FMCU49329KA51616 SUV 20142 2008 staff vehicle Notes: 1. In general, utility and staff vehicles are on a 7 year replacement cycle. 2. Per recommendation with ACFD, these utility vehicles are recommended one year early for replacement; this period may be extended Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 2of10

Apparatus Equipment Inventory Engine 2441 (Station One), Engine 2442 (Station Two): ID No. 3761, 2762

Front Glove box (cont'd) Bumper Lines: 100ft. 11/2 Class A & B Foam NWCG (Fireline handbook) Note: 2441 carries 30gl of class A Foam and Ansulite FOG (Firescope) AFFF Class B IOSH Guide to Chemical Hazards Vehicle registration packet Officers' seat Accident report packet SCBA Kestrel DOT Vest Garmin GPS Hand Light Dash Under seat Clipboard Assorted building maps Officer Oakland Radio ICS forms (File Folder) Eng. Oakland Radio Watergate Map Cell phone Thomas guide Door, Gate, Traffic light remotes (3)

Engineers' seat Rear seats DOT Vest ALCO Med. Radio (clam shell) Hand Light 1-Emeryville City Radios 4-ALCO Mutual Aid Radio (yellow antenna) Under seat 2-0akland Radio Battery (Glove Box) Pig tail 4-Clam shell battery holders Marina Adaptor 4-Long BK Radio Antennas Equipment/Engine daily check clipboard 2-LED lights T-Card Status Board 2-Box lights 3-75' Drop Bag FF B/A Glove box 3 SCBA Camera and batteries Thermal Imaging camera w/spare battery 2-0akland Radio Battery ALCO Protocol Manuel Emergency Response Guide (ERG) Irons and Gloves Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 3of10

Cross Lays Cabinet PR (cont'd) 150 ft 1-3/4 High Combat W/200gpm TFT Nozzle w/ 7/8" Tool Box smooth bore · Water 150 ft 1-3/4 High Combat W/200gpm TFT Nozzle w/ 718" smooth bore Cabinet R1 Chain Saw Cab Cabinet FueVBar Oil Tank New York Hook 2-Brooms Rubbish Hook 2-Broom Handles Long Lock Out Tool Square Point Shovel 2-Wheel Chocks (engineer's side) Cabinet R2 (Wildland) Right Side Cabinets 2-McClouds 1-Wik:tland Shovel Cabinet PR 1-Pulaski Rope Bags: Gated Wye 2-1/2" to 1-1/2" -75' Water Throw Wik:tland Nozzle TFT 20-95 gpm -125' Life Safety 4-Hose Band -125' Life Safety 1-1/2" Hose Bundles: Public Education Bin -50' WI Nozzle Smoke Detector Kit 2-100' W/Nozzle Gas Monitor Back Pack: Carry All 2-100' Rolls (back roll with "T") CHP Blankets Arm Splints (Cardboard} Cabinet R3 Leg Splints (Cardboard} Dry's It Container ICS Vests (Eng. 1) 2-Buckets W/lids Caution Tape 2-Plastic Blue Tarps HAZMATTape Plug n' Dike Biohazard Tape Spare Gloves Cabinet R4

Cabinet R4

Rear Hose Loads Upper Left Compartment 600ft of 5" LOH w/hydrant kit and steamer connection 2 Sections 3" Hard Suction Hose 150' of 1-3/4" High Combat Hose W/ 200gpm TFT Nozzle w/ 718" smooth bore (right rear outside w/foam) Upper Center Compartment 250' of 1-3/4" High Combat Hose W/ 200gpm TFT Nozzle 2 Backboards w/ 7/8" smooth bore (right rear middle) 6' Pike Pole 350' of 1-3/4" High Combat Hose W/ 200gpm TFT Nozzle w/ 7/8" smooth bore (right rear inside) Upper Right 1 Compartment 350' of 2-1/2" High Combat Hose W/ 350gpm TFT Nozzle TFT Blitzfire Monitor W/Combo Nozzle w/ 11/8" smooth bore (left rear inside) TFT Smooth Bore Stacked Tip 350' of 2-1/2" High Combat Hose W/2-1/2" Double Fem. (left rear outside) Upper Right 2 Compartment Pedi Board Traction Splint and KEO Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 5of10

Left Side Cabinets Hose 25' of 2-1 /2" Cabinet L 1 (Long Tools} Pick Headed Axe Nozzles Bolt Cutters 1-1/2" TFT 200 GPM Combo Nozzle w/ 7/8" smooth bore Pry Bar 2-1/2" TFT 350GPM Combo Nozzle w/ 1-1/8" smooth bore Digging Bar Sledge Hammer Top Drawer EBMUD Water Valve Tool W/Handle Dual End Slim Jim "A" Tool 2-Bladder Bags Single Jack Lock Out Tool Wedge Residential Water Shut Off Tool Duct Tape Flares Cabinet L2 (High Rise) 2-Sprinkler Shut off Tools 100' 1-3/4" Light Weight Hose W/TFT Nozzle w/ 7/8" Battery Cable Cutter smooth bore and 2-1/2" x 1-1/2" reducer Zip Ties 100' 1-3/4" Light Weight Hose W/TFT Nozzle w/ 7/8" Ear Plugs smooth bore and 2-1/2" x 1-1/2" reducer 5:1-1/2" Gaskets 50' 2-1 /2" Hose W/ TFT Standpipe Wye 5:2-1/2" Gaskets 2-3" to 2-1/2" Reducer (Stand Pipe) Water Can Bottom Drawer 2-Tela-Lights 500 watts Ground Lights w/cords 2-1/2" to 5/8" Reducer 2:1-1/2" Double (M) Cabinet L3 (Engineer's/Fittings} 2:1-1/2" Double (F) Locking Hydrant Cap Wrench (side of roll out box) 2:1-1/2" to 2-1/2" Increaser 2:2-1/2" to 1-1/2" Reducer Shelf 2:2-112" Double (F) Siamese 2-1/2" to 2-112" 2:2-112" Double (M) Wye 2-1/2" to 2-1/2" 2:3" to 2-1/2" Reducer Storz 5" to 2-1/2" Elbow 2:2-1/2" to 3" Increaser Storz 5" to 2-1/2" (M) Hydrant Kit: Storz 5" to 2-1 /2"(F) 2-spanners Storz 5" to 4-1/2" (Hydrant) (on inside wall) Rubber Shot Mallet and Hydrant Wrench Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 6of10

Cabinet L4 WMD Bag WMD Box PKP Extinguisher C02 Extinguisher Cones 2-SCBA Bottles 2- Wheel Chocks

TOP Side Equipment Center Mount Monitor (extension capabilities) Spider Stand for Monitor Akron Stack Tip for Monitor w/ stream shaper Generator

Reserve Engine {ID 1985; Old Engine 2441)

Front Under seat Bumper Lines: 50 ft. 1-1/2, 100ft. 1-1/2 class B foam Pig tail Note: 2441 carries 30gl of Ansulite AFFF Equipment/Engine daily check clipboard T-Card status board Officers' seat SCBA Glove box 75' Drop bag Camera and batteries DOT Vest Knox key (Get from Chief or off of Eng. Prior to leaving out of town) Under seat Emergency Response Guide (ERG) Thomas guide NWCG (Fireline handbook) ICS forms Field Operations Guide (Firescope) Pocket Guide to Chemical Hazards (NIOSH Green) Engineers' seat Vehicle registration packet SCBA and DOT Vest Accident report packet Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 7of10

Dash Right Side Cabinets Clipboard (EMS) Cell phone Cabinet 1 (Multi Use) Door, Gate, Traffic fight remote (3 total) Cab lift switch Assorted Maps Squirt bottle bleach & water Sager Rear seats Pedi backboard ALCO Med. Radio (Clamshell) KEO 1-Emeryville City Radios Cardboard splints: Leg & Arm 3-ALCO Mutual Aid Radio (yellow antenna) Air Splints 2-Mag lights 2-Yellow emergency blankets 2-Box lights 2-02 Bottles 2-Backboards 2-75' Drop Bag FF B/A Cabinet 2 (Hurst) 2SCBA Electric Hurst Tool Power Unit Thermal Imaging camera w/spare battery Cutters 1-Clam shell battery holder Spreaders EMS Protocol Book Ram Irons Portable battery Mounted Dry Chemical Extinguisher 50ft power line Groves Yellow box of tips, foot and pins 2-David Clark Head Sets Glass master rescue saw 2-DOTVest 1x 30' hydraulic line & 1x 15' hydraulic line Hurst battery cables Cross Lays Rig Hide-A-Key 150ft 1-3/4 High Combat W/200 gpm Nozzle 150ft 1-3/4 High Combat W/200gpm Nozzle Cabinet 3 (EMS) 250ft 1-3/4 High Combat W/200gpm Nozzle BLS/ALS Black bag 02 Bag Pediatric bag Suction unit C-Spine bag Burn kit Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 8of10

Cabinet 3 (EMS) (cont'd) Cabinet 7 (Long Tool Compartment) (cont'd) Bio-bags Single Jack (small sledge) Sharps Container Bolt cutters Red Z (Fluid Clean Up) Pry bar Spatula "A" tool Small pry bar/Digging Bar Cabinet 4 (Long tool compartment) Lock Out Tool Square point shovel Sledge Hammer (Large) 2-Broom & handles Rubbish Hook Cabinet 8 (Power Tools) NY Hook Stihl 083 Chain saw Fuel mix 50:1 and Bar Oil Cabinet 5 Chain saw tool (on fuel can) Rope: Extra 2 cycle oil -75ft Water throw rope -125 ft Life safety Cabinet 9 (HAZMAT) -125 ft Life safety and 1-Carry all Floor dry (in container) 1-Blue tarp Cabinet 6 2-Buckets with lids Gas detector Bag of Hurst tool chains (2x 6' chain & grab hooks, 2x Smoke Detector Kit Shackle hooks) Public education box 1-Case of water Rear 2441 Caution tape LOH 5" 800ft w/hydrant kit and steamer connection BioHazard tape 2-1/2" 700ft (1-Nozzle 350 gpm TFT, 1-Double Female) HAZMATtape 1-3/4" 350ft W/200 gpm nozzle Spare gloves SCBA mask Ladder Compartment 25ft extension Cabinet 7 (Long Tool Compartment) 14ft roof Pick head axe Aerial ladder controls Domestic Water key EBMUD Water Valve Tool W/Handle Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 9 of10

Upper Left Compartment Cabinet 3 (Fittings/Appliance compartment) Shelf: 1Oft Attic Ladder 1-1/2" Nozzle 200 gpm 6ft Pike pole 2-1/2" Nozzle 350 gpm 2-1 /2" Siamese Left Side Cabinets 2-1/2" Wye 5" Storz - 2-1 /2" Gated Wye Cabinet 1 (Engineers Compartment): Locking Hydrant Cap Key (Side) Duct tape Pliers Compartment Wall: Cable cutters 5" Storz - 2-1/2" (F) Elbow Rags 5" Storz - 2-1/2" (M) 3-Slim Jims 5" Storz - 2-1 /2" (F) Plug and dike 5" Storz -4-1/2" (F) (Hydrant) Squeegee ATF Hose: 10-Flares 10' section 2-1/2" and 25' section 5" Rubber gaskets (1-1/2", 2-1/2") 2-Lock out wedges Door: Clamp type sprinkler plugs Shot Mallet Screw type sprinkler plugs Hydrant Wrench Zip Ties 2-Spanners Hose Strap Ear plugs Top Drawer: 2:1-1/2" Double (M) Cabinet 2 (Extinguishers) 2:1-112" Double (F) Pressurized Water 1 :1-1/2" Storz - 21/2" (M) Increaser C02 1:1-1/2" Storz-1-1/2 " (M) Purple KBC 1 :1-1/2" Storz-1-1/2 " (F) Road Cones 4:2-1/2" x 1-1/2" Reducers Triangle Reflectors 4: 1-1/2" x 2-1/2" lncreasers 2:2-1/2" Double (F) 2:2-112" Double (M) Exhibit 3 - City of Emeryville Fire Apparatus and Equipment Inventory Page 10of10

Bottom Drawer:

1 :2-112~Stack tip (1-1/2", 1-3/4", 2") Cabinet 6 (Multi Use} (cont'd) 1:3-1/2"x2-1/2" Reducer (Aerial Tip) 1-Marina adaptor Hack Saw Cabinet 4 (High Rise Packs} 1OOft1-3/4 with 2-1/2 to 1-1/2 Reducer, TFT 200gpm TOP nozzle Tri-pod for monitor 100ft 1-314 with 2-1/2 to 1-1/2 Reducer, TFT 200gpm Honda generator: nozzle • 5000 watt, air cooled, gas powered 50ft Stinger with 2-1/2 gated wye 2-Step chocks 2:3" x 2-1/2" Reducer (oak fittings) AERIAL LADDER: Cabinet 5 (Wildland) 1-6ft Pike pole 2-Square flood lights with cords 1-Pick head axe 2-McCloud Other Items: Wildland Shovel 4-Wheel chocks 2-Hose Backpack w/ 2-100' 1-1/2" hose & Tee connector 4-Spare SCBA bottles Gated Wye 2-1/2" x 1-1/2" 2-0utrigger pads Nozzle (Spare) Rubber band Wildland Equipment: • 50': 1-1/2" hose w/wildland nozzle • 100': 1-112" hose w/wildland nozzle • 100': 1-1/2" hose

Cabinet 6 (Multi Use) WMD Box WMD Bag 2-Electrical reels 25ft Junction box Air chisel box Hand tool box 2-Twist lock to three prong pigtails (Set) Exhibit 4

CONTRAC11 FIRE SERVICES FOR THE CITY OF EMERYVILLE SCOPE OF WORK

SUBMITTED BY: THE ALAMEDA COUNTY FIRE DEPARTMENT

Authorized to Commit to Contractual Authorized to Respond to Requests for Arrangements: Additional Information:

Sheldon D. Gilbert, Fire Chief Demetrious N. Shaffer, Deputy Chief Alameda County Fire Department Alameda County Fire Department

835 E. 14 111 Street, Suite 200 835 E. 14 111 Street, Suite 200 San Leandro, CA 94577 San Leandro, CA 94577

(510) 618-3490 office (510) 618-3490 office (510) 618-3445 fax (510) 618-3445 fax sheldon. [email protected] [email protected] Scope of Work

Scope of Work

Approach to Providing Full Services

Fire ·and Emergency Response Service

a. All Fire suppression services to Include a minimum of2 fire engines, staffed with a crew ofthree, one of whom Is a paramedic

ACFD will provide full suppression services including emergency response to fires, medical emergencies, hazardous materials, urban search and rescue, and other emergencies. These suppression services will be provided in Emeryville by staffing two fire engines with a minimum of three personnel each - one on each engine will be a licensed and an accredited paramedic.

b. Disposition of current sworn City employees.

The Alameda County Fire Department will make job offers to all Emeryville Fire Department safety personnel in good standing at the ranks of Firefighter, Engineer, Captain, Fire Inspector, and Fire Chief, if they are active members of the Emeryville Fire Department the day fire protection services are transferred to the Alameda County Fire Department. The following Table (I) was provided by the City and indicates currently employed Emeryville Fire Department Employees.

Table 1: Current Emeryville Fire Department Employees Date of Job Employee Employee Date in Date of Hire Hire in Classification Last Name First Name Classification Fire Ocnt COE

Fire Chief Johnston Kevin 7/1/20I0 l l/16/2008 11/16/2008

Captain Cooper John 7/1/2002 l l/L/1986 11/1/1986

Captain Sanderson Donrick 10/1/2002 S/11 1987 5/1/1987

Captain Arenz John 10/2/2002 2/1/1986 2/1/1986

Captain Marks Steven 8/24/2004 7/24/2000 7/24/2000

Captain Beach Jason 6/l/2005 8/28/2000 8/28/2000

Alameda County Fire Department: City of Emeryville Scope of Work 2 Date of Job Employee Employee Date in Date of Hire Hire in Classification Last Name First Name Classification Fire Dent COE

Captain Hickey Steven 1115/2010 91112006 91712006

Fire Engineer Conover Doug 12/15/2002 7/16/1991 7/16/1991

Fire Engineer O'Neil Steven 12/16/2002 7/17/2000 7/17/2000

Fire Engineer Davis Jerome 12/17/2002 113Jl19s9 7/31/1989 Fire Engineer Miller Cameron t/l/2003 .. 3,ll/.l999- 311/1999 Fire Engineer Bluth Dennis 10/19/2005 1011JdotH I 0/1/200 I to--- ~ · - Fire Engineer Kennedy Patrick 10/20/2005 1011720'01 10/1/2001

Fire Engineer Hickey Michael 11/1712006 l ll26/20QI 11/26/2001 Fire Engineer Dwyer Shannon Kyle 12/1/2006 7Jtdb:i)3 7/7/2003

Fire Inspector Warren George 7/30/1984 7/30'11984 7/1/1980 Firefighter Manning Doug 811/1989 8/J./1989. 6/2/1980 Firefighter Bell Shane 10/22/2001 1012~/!001 10/22/2001 :- ~ Firefighter Falkenthal Tracy 612312003 6/,2372003 6/23/2003 -~ ;.'l.'~1' ~ Firefighter Gundlach James 7/7/2003 ' '1i/f/J.2003 11712003 Firefighter Paynter Chio 9/25/2004 912512004 9/25/2004

Firefighter Somers Heather 611212006 611212006 6/12/2006

Firefighter Sabha Hamza 11/6/2006 1116/2006 11/6/2006

Firefighter Knodel-Sherman Oliver 1/16/2008 111612008 6/1/2001

Firefighter Sinkay James 911612010 9/1612010 9/16/2010

Firefighter Baity Louie l/5/2011 1/5/2011 1/5/2011

*Worked in a different City depat1ment (non-safety) before joining the Fire Department Date in classification also happens to reflects the date they started in the Fire department. *Some firefighters possess EMT-P Certification or training but are not one of the 13 compensated paramedics.

Alameda County Fin: Department: City of Emeryville Scope of Work 3 Rank Transfer 6 Captains, 8 Engineers and all Firefighters will maintain the rank they held on the day fire protection services are transferred to the Alameda County Fire Department. Acting assignments will not be considered "held rank" and acting Engineers, Captains and Battalion Chiefs will be offered positions at their regular classification, not their acting rank.

Current Emeryville promotional lists will be abolished on the day fire protection is transferred to the Alameda County Fire Department. Personnel who meet the minimum qualifications can participate in ACFD promotional processes that occur after the transfer date.

It is ACFD's intention to hire the current Emeryville Fire Chief, Kevin Johnston. Chief Johnston would serve at the rank of Division Fire Chief (or equivalent) within ACFD and serve as the Assigned Chief Officer to the City.

In addition, it is ACFD's intention to hire the current Emeryville Fire Inspector at the rank of Deputy Fire Marshal and he shall serve as the assigned Deputy Fire Marshal to the City.

Salary Determination Emeryville personnel who transfer to Alameda County Fire Department will be placed in salary categories based upon their rank and years of service and specialty pay identified under ACFD's current labor agreement with Alameda County Firefighters Association (ACFFA) International Association of Firefighters (IAFF) Local 55 (see contraci exhibits). Non-represented personnel who transfer to the ACFD will fall under the pre-determined salary schedules and ordinances.

Seniority Transfer The seniority of Emeryville personnel who accept positions with the Alameda County Fire Department will be based on the date they became employees with the Emeryville Fire Department. Service time with organizations other than Emeryville will not be considered service time with Alameda County for seniority determination.

Vacation Transfer The proposed cost assumptions include up to one year of vacation accrual time per employee that may be transferred from the Emeryville Fire Department to the Alameda County Fire Department. If the City chooses to allow an additional 6 months vacation accrual to be transferred to ACFD, up to 18 months of vacation accrual time will be transferred from the Emeryville Fire Department to the Alameda County Fire Department. This is the maximum allowable vacation balance that can be transferred unless an agreement is reached for ACFD to accept additional liability and assuming the employee has earned the accrued leave at date of hire with ACFD. The City is responsible to pay ACFD the additional 6 months vacation accrual transfer within 30 days of the Effective Date of the Agreement.

Alameda County fire Department: City of Emeryville Scope of Work 4 The amount of vacation will be based on the years-of-service accrual rate at the date of hire. Vacations are accrued as follows:

a. 7 shifts per year ( 14 hours/month) until after completion of 4 years of service. b. I 0 shifts per year (20 hours/month) after completion of 4 years of service until the completion of 14 years of service. c. 12 shifts per year (24 hours/month) after completion of 14 years of service and until the completion of 25 years of service. d. 13 shifts per year (26 hours/month) for 56-hour/week employees and 28 days per year for 40-hour/week employees, after completion of 25 years of service and annually thereafter.

Note: Employees who work 40 hours per week will accrue vacation proportionately, using a factor of .7143 to calculate.

For additional information about vacation policy, please refer to the labor MOU (included in contract exhibits) in Section 9 and the associated Official Action Guides (OAG).

Sick Leave The proposed cost assumptions allow for each employee to transfer up to one year of sick leave hours that were accrued while in the employment of the Emeryville Fire Department.

All 56-hour/week employees accrue sick leave at the rate of 7-1/2 shifts per year (15 hours/month); 40-hour/week employees accrue at 16 days per year (I 0. 7 hours/month).

Therefore, 56 hour/week employees may transfer up to 180 hours of sick leave and 40- hour/week employees may transfer up to 128 hours of sick leave.

If agreeable to the City, employees may be allowed to bring sick leave in excess of the I 80 or 128 hour levels identified above for CalPERS service credit only.

Additionally, sick leave hours - above the maximum allowable hours transferred as identified above - may be transferred to employment with ACfD and used toward retirement service credits. This bank of hours (referred to as "Time Capsule'') will be accounted for separately, cannot be used as normal sick leave (i.e., regular, family, or catastrophic) under any circumstances, and cannot be cashed-out. The sick leave transferred into the Time Capsule may only be used for service credit upon retirement from ACFD. The City will not have any separate or additional liability for the tl'ansferred sick leave including transferred sick leave used for retirement credit.

Station Bidding The Alameda County fire Department utilizes a pennanent station bid process. Personnel may bid into openings on shifts and at stations based upon their seniority and if they meet the minimum qualification of the opening. The initial bidding process for Emeryville personnel will be limited to Emeryville fire Stations until full integration and after the last

Alameda County Fire Dt:partment : City of Emeryville Scope of Work s academy prior to consolidation obtains bidding rights. Battalion Chiefs are placed by the Deputy Chief of Operations and do not maintain bidding rights.

Emeryville personnel, who do not or cannot bid a permanent station initially, will be used to fill daily overtime positions in Emeryville and in other ACFD fire stations when there are no openings in Emeryville stations, until they are allowed to bid a permanent station.

Uniform Reguirements Emeryville personnel will have the option of wearing Emeryville uniforms or Alameda County uniforms until they receive their first uniform allowance from ACFD. ACFD uniform allowances are distributed on July l of each year and are prorated based on the amount of time employed by ACFD during the prior 12 months. The uniform allowance is $825 annually. Uniform pants and safety boots are considered · Personal Protective Equipment (PPE) and are purchased by the Department.

Benefits The Alameda County Fire Department offers a comprehensive benefits package to safety employees that include:

• California Public Employees Retirement System 3o/o@50 benefit level • ACFD sponsored 40l(a) program • Voluntary 457 Program • California Public Employees Retirement System Health Program paid at Kaiser/Bay Area - Sacramento rate • ACFD contribution toward an IAFF Local #SSA sponsored direct reimbursement dental program • Delta Dental (safety management) • IRC 125 program (non-management) • Life Insurance ($ l 0,000 policy) • County Cafeteria Plan (safety management) • Uniform Allowance • Holiday pay • ACFD sponsored long-term disability insurance • Paid vacation • Paid sick leave • Haz Mat, Paramedic and EMT differentials

Non-safety employees have similar benefits with a reduced retirement percentage calculator (2% @SS). Personnel who transfer to the Alameda County Fire Department will have the opportunity to meet with the ACFD's benefit coordinator who will provide an overview of available benefit options.

Alameda County Fire Department: City of Emeryville Scope of Work 6 Retiree Medical Employees hired after May I, 2009 shall be eligible for retiree health insurance subject to the following conditions:

• A minimum of five years of employment with the Alameda County Fire Department. • PERS service credit with other agencies shall apply as service credit after the five year waiting period. • The percentage of the Department's contribution payable for post retirement health benefits for any employee of a contracting agency subject to this section shall be based on the member's completed years of credited public agency service at retirement as shown in the following table:

Credited Years Percentage of Employer of Service Contribution 10 50% l l 55% 12 60% 13 65% 14 70% 15 75% 16 80% 17 85% 18 90% 19 95% or more 100%

a. Describe the approach to communications with City staff, including meetings and written reports.

The Fire Chief will be available to the City Manager of Emeryville to discuss any topic or issue with contracts or services provided by ACFD. When requested, The Fire Chief will attend City Council Meetings and City Manager Staff and Department Head meetings.

ACFD will also provide an ACO to serve as the primary point of contact and serve as the primary liaison to the City and the City Manager's Office on a daily basis. The ACO will attend City Council Meetings, and if requested attend City Manager Staff and Department Head meetings. The ACO will serve on City appointed committees (i.e., strategic planning, workforce review committees) and participate in the annual budget review and development processes. ACFD intends to utilize Kevin Johnston to serve as the ACO for Emeryville due to his familiarity with the community and city processes.

The ACFD Public lnfonnation Officer will collaborate with the Emeryville Police Department Public Information Officer and the City Public Information Officer to disseminate information on any incidents or items that are of interest to the City Staff, Council or community. In addition, for emergency incidents, special events or other

Alameda County Fire Department: City of Emeryville Scope of Work 7 items that are of interest to the media and/or community, the ACFD Public Information Officer will provide an email update to the City Manager and/or to the appropriate City Staff (approved by the City Manager) with a status update of the event.

Alameda County Fire Department: City orEmeryville Scope ofWork 8 Finance

Finance and Budget Allocation Model Alameda County Fire Department's cost allocation model is based on the number of companies as a percentage of total ACFD companies. The base factor is a 3-person company and adjustment factor is applied to any company staffed with more than three personnel. City of Emeryville's allocation is 5.5 l % based on the size of the organization at the time of consolidation. The following depicts the share allocation model including the City of Emeryville (see Chart I below):

Chart 1: Shared Allocation Model with City ofEmeryville

La,-.n:ncc Berkeley Lab (I Company), 3 S8%

Einery>ille (2 Com1 ..ucs) . S,S 1%

Unio11Ci1y / (4Comp111ies), II 02%

Ne work ()C'o111pcw. &26'* -..__ :;,., Le111wo (7 Compenics), 1928,,,

The Alameda County Fire Department's budget model utilizes an "allocated cost" and "shared cost" methodology. "Shared cost" expenditures are those that are primarily overhead costs that are shared by all participating jurisdictions. An example of "shared costs" includes chief officers, department-wide service and supplies and administrative staff. Shared cost percentages are determined by the pro-rata share of companies each participating agency has within its jurisdiction.

The "allocated costs" are those expenditures that can be directly attributed to a participating agency. Allocated costs include suppression personnel permanently assigned to the City, Fire Prevention staff assigned to an agency, apparatus purchase, and the repair and maintenance of City­ owned apparatus.

The Alameda County budget allocation model allows participating agencies to experience the savings of sharing overhead costs while paying only for the actual number of companies required to protect their jurisdiction and realize future cost reductions with additional consolidations. Efficiencies are realized through the elimination of redundant overhead positions and service level increases due to the depth of resources available in a regional fire protection model. As more agencies join, service levels and depth of resources expand while overhead costs decrease. As a regional provider, ACFD has received over $6 million in grants over the past five years, and all

Alameda County Fire Departmenl: City of Emeryville Scope of Work 9 contract agencies have benefited from the purchase of radios, rescue boats, thermal imaging cameras, self-contained breathing apparatus, disaster preparedness programs, mobile data computers in fire engines, a mobile communications vehicle, and a variety of homeland security equipment.

Cost Determination Annual cost determination is based on an established forecast of the Alameda County Fire Department's costs for providing fire protection to the City of Emeryville. These costs include Emeryville's allocation of Alameda County's portion of the shared budget (shared personnel and operational costs), expenses of the 18 assigned captains, engineers and firefighters to Emeryville Fire Stations and l Deputy Fire Marshal.

City of Emeryville will be invoiced based on actual expenditures. rn the event that the ACFD enters into a contract to provide services to another entity, and the creation of that contract decreases the shared costs allocated to Emeryville, ACFD will modify the City's allocation percentage to accurately reflect the new costs after the new contract is initiated.

Budget adjustments based on the decrease of companies or contract services will be adjusted the next fiscal year in accordance with the approved contract procedure.

Annual budget proposals will be submitted in accordance with the City's budget instructions and timelines. Budget assumptions utilized in the proposed budget will be reviewed and approved by EMOC prior to budget submittal. An annual budget will be submitted to the City for consideration and approval as directed by the City Manager or designated contract administrator.

The ACFD is committed to work closely with our contract agencies to ensure we are meeting the established budgetary guidelines and approval thresholds. The ACFD has been at or under budget for the last five fiscal years by utilizing a number of cost control and accountability measures. After budget adoption, if there is any unforeseen circumstance that may lead to the actual costs exceeding the authorized budge amount, the Fire Chief will convene the Executive Management Oversight Committee and provide the following information:

l. an estimate and breakdown of the increases;

2. sufficient data to support the accuracy and reliability of this estimate;

3. an explanation of the differences between this estimate and the original (or last preceding) estimate for the same services; and,

4. through a collaborative process, work with EMOC to establish budget strategies to address the unanticipated cost increases.

Alameda County Fire Department: City of Emeryville Scope of Work 10 Start-Up Costs There are inherent start-up costs that are associated with contracting for fire protection to regional fire depa1tments. The Alameda County Fire Department conducted an assessment to determine the start-up costs required to function "administratively" as one fire department on the day the contract is initiated. Fortunately, the assessment revealed that most of our equipment is compatible, if not the same, and the start-up costs are limited to IT connectivity, 1-e-branding of the fire apparatus (adding the Alameda County Fire Department insignias, if approved) providing basic orientation and training for Captains and Engineers and providing ACFD badges and name plates to the Emeryville personnel who transfer to ACFD full integration will require additional costs, but those costs will be captured in the annual operating budgets. It is important to note that the start-up costs associated with radios and personal proleclivt: equipment (PPE) is due even if Emeryville maintained its own fire department. [n fact, because of the regional model, the City's start-up costs are less than replacements costs would be as a stand-alone department. This is true because Emeryville will have less reserve apparatus and fewer personnel (18 suppression personnel as opposed to 24).

Table 2: Full Services Start-up Costs ALAMEDA COUNTY FIRE DEPARTMENT CITY OF EMERYVILLE START-UP COSTS

ITEM DESCRIPTION

APEX 6000 4 $4,367 $17,468 APX 7500 4 $5,670 $22,680 APX 6000 I $6,250 $6,250 APX 7000 XE 7 $5,796 $40,572 Miscellaneous Radio Accessories $9,800 Radios Subtotal: $96,770

Alameda County Fire Department: City of Emeryville Scope of Work II SCBA Subtotal: $14,077

Locution Hardware & Software 2 $4,530 $9,060 I WinTerm, I PC, I Locution PC. I office printer 2 $3,250 $6,500 and I Dispatch Printer Per Location MDC, Mounts, Antennas, Modem 4 $6,500 $26,000 Fire Prevention PCs, Printer, Misc Equipment $3,625 IT Subtotal: $45,185

Badges and Name Plates 26 $150 $3,900 NFPA 1851 Compliant 2nd Set Structure Gear 24 $2,347 $56,328 Wildland PPE (Shelter & Web Gear) 25 $604 $15,100 PPE Subtotal:

2 Captain Orientation <> 240 2 Engineer Orientation < > 560 Personnel Subtotal: so

Initial Side Fund Valuation $8,500

Total Estimated Start-up Costs $284,510

Note:

(IJ City to provide Fire Prevention staff vehicle 121 Captain and Engineer orientations can be accomplished prior to contract for service go live date

Alameda County Fire Department: City of Emeryville Scope of Work 12 City Desired Other Services

ACFD shall make the following Services available to the City at no additional cost to the City:

Fire Prevention Oflices (value added service, no additional cost) ACFD understands that current Fire Prevention personnel are housed in one of the two Emeryville fire stations. However, ACFD would like to work with City staff on a plan to potentially house Fire Prevention personntl i11 a location near the Ouilding Department. This proximity of staff can ensure maximum efficiency and provides a convenient one-stop shop for customers.

Integration of Sworn Personnel Above Emeryville's Desired Staffing Level (value added service, no additional cost) · ACFD understands that Emeryville currently employs 24 sworn personnel that_staff the two fire stations. ACFD is prepared to offer employment to each of these employees if they are in good standing at the time of contract execution. 18 of these personnel will be considered necessary to staff the two fire stations and are included in the costs provided as part of this proposal. The additional 6 sworn employees will be absorbed into the existing ACFD workforce at no additional cost to the City. This will allow the City to realize immediate salary savings as opposed to seeing a reduction over time through an attrition plan.

Reserve Program (value added service, no additional cost) The Alameda County Fire Department Reserve Program is a cadre of approximately I 00 Reserve personnel. The Program s goal is to maintain a fire-based, all risk, emergency training and career development program. This program is intended to provide training and work experience to a broad-based group of individuals with different levels of training and experience that are interested in a career in the fire service and helping in the community. ·

The primary function of this program is to provide an education and career development track for individuals within the communities we serve to prepare them for a fire service career. The program is established so that candidates may enter al different stages of education and training then build upon their knowledge, skills and abilities. The Reserve Firefighter Training and Education Program will result in the individual's ability to function as an ACFD Reserve Firefighter, as well as be better prepared for a career in the fire service.

In addition to training, ACFD Reserve Firefighters are expected to participate in community outreach events as part of their preparation to become a firefighter. The most experienced Reserve Firefighters are even utilized by the ACFD to support emergency and disaster operations although Reserves are never used for active firefighting duties or assignments. The volunteers within the ACFD Reserve Program provide a very important service to ACFD and the communities we serve.

Alameda County Fire Department: City of Emeryville Scope of Work 13 Public Information {value added service, no additional cost) The ACFD provides free fire safety, disaster preparedness and department marketing materials to community members and local businesses. To increase the availability of public information about the organization, the ACFD also participates in social media to increase opportunities for community members to stay updated on incidents, events, training opportunities, fire safety information, etc. Members of the community may connect with the ACFD via Facebook, Twitter, YouTube and electronic newsletters for free departmental information, in addition to the printed materials that are available at no additional cost.

Boat Deploymenl from Emeryville Marina (value added service, no additional cost) ACFD proposes to work with the City of Emeryville to analyze the community's needs as it relates to water rescue within Emeryville's jurisdictional boundaries. ACFD is willing to move an existing boat to Emeryville at no additional cost if the joint analysis indicates that this resource would benefit the community.

Here is a picture of the 22' rigid hull vessel that would be available to the City of Emeryville if needed.

Replacement of the Self-Contained Breathing Apparatus (SCBA) (value added service, minimal cost) ACFD has included in this proposal a plan to replace Emeryville's SCBAs. Data indicates that the City's current SCBAs are due for replacement which represents a potential cost of approximately $105,000 to $140,000. ACFD's plan will mean that the City's cost will be approximately $14,077. This amount is accounted for in the start-up costs portion of this proposal. This represents a net savings to the City of approximately $90,923 to $125,923.

Replacement of 800 MHz Radios on First Responding Apparatus (value added service. cost accounted for in base proposal) Start-up costs include replacement of mobile and pottable 800 MHz radios on first responding apparatus that will operate on the Alameda County 800 MHz system. These radios are compliant and meet all P-25 and EBRCS standards. It is important to note that these radios need to be replaced by the City even if the City decides to remain as a stand-alone department.

Alameda County Fire DepRrlme11t: City of Emeryville Scope of Work 14 Approved as to Form and Legality ()~ City Attorney

12 APR \ 8 1¥~tA.\Jr10N No.------8 3 8 2 3 C.M.S.

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO 1) ENTER INTO A FIVE-YEAR CONTRACT WITH ALAMEDA COUNTY FIRE DEPARTMENT FOR THE OAKLAND FIRE DEPARTMENT TO PROVIDE EMERGENCY SERVICES WITHIN THE CITY OF EMERYVILLE BOUNDARY FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2017, FOR THE AMOUNT OF ONE HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED AND SEVEN DOLLARS ($145,807) FOR THE FIRST YEAR, AND FOR AN AMOUNT OF ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) BY THE FIFTH YEAR OF THE AGREEMENT, WITH TWO-ONE YEAR OPTIONS TO EXTEND IN THE AMOUNT OF THE SERVICE COST, BUT NOT TO EXCEED THE PERCENTAGE AS STATED IN THE MOST CURRENT LABOR AGREEMENT, AND 2) ENTER INTO A ONE-YEAR AGREEMENT WITH ALAMEDA COUNTY FIRE DEPARTMENT FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013 FOR THE OAKLAND FIRE DEPARTMENT TO PROVIDE FIRE DISPATCH SERVICES FOR THE CITY OF EMERYVILLE FOR THE AMOUNT OF SEVENTY­ THOUSAND DOLLARS ($70,000), SHOULD DISPATCH SERVICES BE REQUIRED AS OF JULY 1, 2012

WHEREAS, in 2011, the City of Emeryville conducted an operational review of its fire service operations, which was designed to focus the City's fire protection and emergency response needs while providing the necessary efficiencies at a cost savings; and

WHEREAS, based on the results of the review, an RFP for fire services was issued by the City of Emeryville. The contract was awarded to the Alameda County Fire Department (ACFD), which seeks to subcontract with the City of Oakland to provide emergency and dispatch services in the City of Emeryville; and

WHEREAS, upon notification of being awarded the contract, ACFD contacted the City of Oakland Fire Department (OFD) to subcontract fire services based on the proximity of Oakland to Emeryville, and the need to respond to emergencies; and

WHEREAS, entering into a contract with the ACFD to provide emergency services within the City of Emeryville boundary, will bring revenue into the City of Oakland, while providing public safety assistance to the City of Emeryville and its residents: and

WHEREAS, the City of Oakland will provide one engine, one truck and one chief officer as needed at reported structure fires and other emergencies in the City of Emeryville; and OFD - ACFD Service Contract Page 2

WHEREAS, the City of Oakland has been the contractor to provide dispatch services for the City of Emeryville since the early 1990s; and

WHEREAS, the Alameda County Fire Department notified the City of Oakland Fire Department of its intent to develop and install the infrastructure required to provide dispatching services to the City of Emeryville; and

WHEREAS, it is anticipated that the City of Oakland.Fire Department's dispatch center will continue to pro.vide contracted dispatch services to the City of Emeryville through a one year agreement for the period of July 1, 2012 through June 30, 2013, at a cost of $70,000; and

WHEREAS, should the Alameda County Fire Department complete. its transition prior to July 1-, 2012, the City of Oakland Fire Department will no longer be required to provide dispatch service to Emeryville, thereby eliminating the need for a dispatching contract; and

WHEREAS, if the Alameda County Fire Department fails to complete its conversion prior to July 1, 2012, the one year dispatch services contract between the City of Oakland and Alameda Fire Department will become effective on July 1, 2012; now, therefore be it

RESOLVED, That the City Administrator is hereby authorized to enter into a five.year contract with Alameda County Fire Department for the Oakland Fire Department to provide emergency services within the City of Emeryville boundary for the period July 1, 2012 through June 30, 2017, for the amount of one hundred forty.five thousand eight hundred and seven dollars ($145,807) for the first year, and an amount ofone hundred seventy thousand dollars ($170,000) by the fifth year of the agreement, with two-one year options to extend in the amount of the service cost, but not to exceed the percentage as stated in the most current labor agreement; and be it

FURTHER RESOLVED, That the City Administrator is hereby authorized to enter into a one­ year agreement with the Alameda County Fire Department for the period July I, 2012 through June 30, 2013, for the Oakland Fire Department to provide fire dispatch services to the City of Emeryville for the amount of seventy·thousand dollars ($70,000), should dispatch services be required as of July 1, 2012; and be it

FURTHER RESOLVED: That revenue from the emergency services contract shall be credited into the General Fund (1010), Miscellaneous Service Charges Account (45729), and Fire Suppression/Field Operations Program (PS 17), and revenue for the dispatch services contract shall be credited to the General Fund (1010), Miscellaneous Service Charge, Account (45729), and Dispatch Program (PS20); and be it

FURTHER RESOLVED: That the City Administrator or her designee is hereby authorized to complete all required negotiations, certifications, assurances, and documentation required to accept, modify, extend and/or amend this agreement; and be it OFD - ACFD Service Contract

FURTHER RESOLVED: That the City Attorney shall review and approve said agreements as to fonn and legality and copies of said agreements shall be filed with the Office of the City Clerk.

IN COUNCIL, OAKLAND, CALIFORNIA, __A_P_R_s_o_2_0_1z __ , 20 __

PASSED BY THE FOLLOWING VOTE:

BROOKS, DE LA FUENTE, KAPLAN, KERNIGHAN, NADEL, SCHAAF, ... •and PRESIDENT REID - 7

NOES--e;-

ABSENT- a,yt.4~r\~r" - ABSTENTION- ..t:r' {In-. ~~(k.1!«:1 Lf" La Tonda Simmons City Cleric and Cleric of the Council of the City of Oaldand, California ALAMEDA COUNTY FIRE DEPARTMENT CITY OF EMERYVIl..LE FIVE-YEAR PROJECTIONS· FULL SERVICES

Prooosed 5-Year Contract PROGRAM 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Allocated% 5.31% 5.51% 5.51% 5.51% 5.51% SERVICES & SUPPLIES PROGRAM SERVICES & SUPPLIES APPARATUS & EQUIPMENT $78.578 S80,149 S81,752 S83,387 $85,055 BUILDINGS & GROUNDS $13,025 $13,286 $13.552 $13,823 $14.099 PPE $28,281 $28.846 $29,423 $30,012 $30.612 RENT & LEASES $27,550 $27,550 $27,550 $27,550 $27.550 RADIOS $24,659 $25 ,152 $25.655 $26.168 $26,691 INFORMATION TECHNOLOGY $92,043 $93.884 $95,761 $97,677 $99.630 PROFESSIONAL SEVICES $11,956 $12,196 $12.439 $12,688 $12.942 DISPATCH"! $56,734 $57,869 $59,027 $60,207 $61.411 DISASTER PREPAREDNESS $434 $442 $451 $460 $469 EMS $14,267 $14,552 $14,843 $15,140 $15,443 FIRE PREVENTION $1.654 $1.688 $1.721 $1,756 $1,791 FUEUI'RANSP $29,827 $30,423 $31,032 $31 ,652 $32.286 HAZARDOUS MATERIALS $5,602 $5,714 $5,828 $5.945 $6,064 HOUSEHOLD SUPPLIES $8,054 $8,215 $8,379 $8,547 $8,718 LAUNDRY $8,836 $9,013 $9,193 $9,377 $9,565 MAPPING $2,262 $2,308 $2,354 $2,401 $2.449 ADMINISTRATION $4,329 $4,415 $4,504 $4,594 $4.686 PUB ED & COMM REL $11 ,269 $11.494 $11.724 $11.959 $12.198 SCBA $11,251 $11.476 $11,705 $11,939 $12,178 STAFF VEHlCLES $3,498 $3.568 $3,639 $3,712 $3.786 TRAINING & STAFF DEVELOPMENT $11,586 $11,818 $12,054 $12,295 $12,541 RESCUE $2,016 $2,056 $2,097 $2,139 $2,182 WILD LAND $632 $645 $658 $671 $685 HUMAN RESOURCES $3,360 $3,427 $3,496 $3 ,566 $3,637 RESERVES $413 $421 $430 $438 $447 STRATEGIC PLANNING INITIATIVES $2,810 $2.866 $2,924 $2,982 $3.042 PROGRAM SERVICES/SUPPLIES SUBTOTAL: $454,925 $463,472 $472,191 $481,084 $490,154

NONDISCRETIONARY SERVICES & SUPPLIES (COUNTY RISK MGMT, COUNSEL) $79,778 $81.373 $83,001 $84,661 $86,354

COUNTY INDIRECTS $41,030 $41.850 $42,687 $43,541 $44,412

SERVICES & SUPPLIES TOTAL: $575,732 $586,696 $597,879 $609,285 $620,920

Page I of3 ALAME.DA COUNTY nRE DEPARTMENT CITY OF EMERYVILLE FIVE-YEAR PROJECTIONS - FULL SERVICES

- & • 5-Year Contract PROGRAM 2012-2113 2013-2014 2014-2015 2015-2016 2016-2017 Allocated .,., 5.51'1'0 5.51% 5.51% S.51% 5.51 '1li

SALAJUFS AND BENEFITS BASE SALARY 52.597,075 52,642.252 $2.688,313 $2,735,030 $2,775,888 OVERTIME $473,609 $481.886 $490,328 $498.896 5506.380 HOLIDAY PAY $ 146,464 SJ49,041 $151.634 $154.304 $156.613 PERS RETIREMENT $669,179 $709.887 $749, 185 $762,152 $801 ,709 Ernplovec Share of Incre11Sein Emolovcr Retirement Costs $0 ($11,392) ($24.760) so $0 PAYROLL TAXES $46,898 $47,711 $48,539 $49,376 $50,112 HEALTH INSURANCE $421,326 $442,387 $464.508 $437,739 $512.128 50% COLA lncrc<1$¢ Offset Health Premium (Sll ,829) ($17,711) ($11,782) so so DENTAL $36.026 $36.026 $36.026 $36,026 $36.026 40 lA CONTRIBUTION S2,430 $41,350 $42,047 $42,747 $43,359 011-IER BENEFITS $31,844 $32,551 S32.914 $32,931 $32 ..942 WORKERS COMP $131,452 $131.452 $131,452 $134,082 Sl3S,422 SALARIES & BENEFITS TOTAL: $4,544.474 $4,685,440 $4,798,404 $4,933,283 SS,050.S79

CONTRACT WITH OAKLAND FIRE DEPARTMENT FOR ADDITIONAL COVERAGE $145,807 $149,653 $157.518 $163,164 $169,0$4

ADDITIONAL OPTION Adminisltativc Suuoorc (0.5 FTE) $40,781 $42,463 $43,578 $44,672 $45.866

TOTAL CONTRACT COSTS $5,306,794 $5,464,251 $5,5517,378 $S,7SOA04 $5,886,419

$Increase $157,457 $133,127 $153,026 $136,015 % Incruse 3.0% 2.4% 2.7% 2.4%

Page 2 ot'3 ALAMEDA COUNTY FIRE DEPARTMENT CITY OF EMERYVILLE FIVE-YEAR PROJECTIONS • FULL SERVICES

Prouosed S-Year Contract PROGRAM 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 ABocaled % 5.51% 5.Sl% 5.51% 5.51 % 5.51% .ASSUMPTIONS: 11 COLA - Safety ' 2.00% 1.50% 2.00% 1.50% 1.50% COLA - Non-safety-non-management m 2.00% 1.50% 2.00% 1.50% 1.50% 2 COLA • Non-safety-Management ' ' 2.00% l .50% 2.00% 1.50% 1.50% Health Premium Cost Increase 131 5.00% 5.00% 5.00% 5.00% 5.00% Denial Premium 0.00% 0.00% 0.00% 0.00% 0.00% PERS Safety Retirement Rare (• I 26.061% 27.061% 28.061 % 28.061% 29.061% PERS Misc. Retirement Rate 141 10.238% 12.708% 12.908% 12.908% 13.408% Workers Comp 1.00% 0.00% 0.00% 2.00% 1.00% Prolmllil Services & Supplies 2.00% 2.00% 2.00% 2.00% 2.00% County Overhead Allocation 3.00% 2.00% 2.00% 2.00% 2.00%

Notes: I Ill Dispatch cost is based on calls being dispatched by ACRECC. If calls are being dispatched by Oakland Fire Department, the following will be the resoective annual dispatch cost 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 Dispatch by Oakland Fire Del>ll1tmCnl $70,000 $72.100 $74,263 $76,491 $78.786 Cost Increase from Dispatch by ACRECC $13,266 $14,231 $15,236 $16.284 $17,375 ':2>COLA increase is effective January I of each year

,:)i Health premium increase is effective January I of each year 4 '- > PERS retirement rate increase is effective July I of each year

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