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SR 02-13-2024 5C City Council Report City Council Meeting: February 13, 2024 Agenda Item: 5.C 1 of 3 To: Mayor and City Council From: Wolfgang Knabe, Interim Fire Chief, Fire Department Subject: Approval of Agreement with Los Angeles Fire Department for Automatic Mutual Aid Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Authorize the City Manager to negotiate and execute an agreement with the City of Los Angeles Fire Department for automatic mutual aid for the Santa Monica Fire Department. Discussion Staff recommends City Council approve the Memorandum of Agreement (Attachment A) between the Santa Monica Fire Department (SMFD) and the City of Los Angeles Fire Department (LAFD) to streamline the initial mutual aid response to an emergency incident. SMFD routinely assists neighboring jurisdictions, and across the state, when called upon to suppress fires and render other emergency assistance. SMFD has had an agreement for automatic and mutual aid with LAFD since 1980, with updates in 1995 and 1998 (Attachment B – amendments only). The proposed Memorandum of Agreement continues the automatic and mutual aid agreement through December 31, 2028 and provides updated procedures for incident command, use of resources, requests for aid, communication, training, and reimbursement, among other things, so that each department’s responsibilities and expectations are more clearly defined. 5.C Packet Pg. 89 2 of 3 The intent of the agreement is to enable SMFD and LAFD to more efficiently and effectively respond to an emergency incident. The agreement details the requests for aid, communication, incident response and command, deployment of resources, training, and reimbursement. The resources listed in the agreement are to be utilized until the jurisdictional agency (the location of the emergency incident) can relieve the assisting agency with their own resources. The agreement provides a mechanism for reimbursement to the department rendering assistance in the event the provision of mutual aid exceeds the duration limitations set forth in the agreement. Environmental Review The resolution to approve the Memorandum of Agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The MOA between SMFD and LAFD for automatic and mutual aid for an emergency incident would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future. Prepared By: Tom Clemo, Deputy Fire Chief Approved Forwarded to Council Attachments: A. Attachment A. LFD-SMA MOA Draft 5.C Packet Pg. 90 3 of 3 B. Attachment B. 1995 and 1998 Updates to 1980 Agreement 5.C Packet Pg. 91 Santa Monica Agreement No. _____________ Los Angeles Agreement No. ______________ MEMORANDUM OF AGREEMENT FOR AUTOMATIC AID AND EXCHANGE OF FIRE PROTECTION, SPECIALIZED, RESCUE, AND EMERGENCY MEDICAL SERVICES BETWEEN THE LOS ANGELES CITY FIRE DEPARTMENT AND THE SANTA MONICA FIRE DEPARTMENT 5.C.a Packet Pg. 92 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 1 1 W I T N E S S E T H WHEREAS, the parties to this Agreement provide fire protection, emergency medical services, specialized, and rescue services within their respective jurisdictional limits; and WHEREAS, fire and rescue resources for the City of Santa Monica are dispatched through a central dispatch center known as “Fire Comm” and WHEREAS, fire and rescue resources for the City of Los Angeles are dispatched through a central dispatch center known as Metropolitan Fire Communications (MFC); and WHEREAS, each of the City of Los Angeles and the city of Santa Monica are within Area “A”, an Operational Area within the state’s fire and rescue organization, as provided in the California Fire Service and Rescue Emergency Mutual Aid Plan: WHEREAS, it is in the best interest of Santa Monica and Los Angeles to provide the most expeditious response to suppress fires and render other emergency assistance; and WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal exchange of emergency services on a day-to-day basis; NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto agree as follows: 1. Revisions This Automatic Aid Agreement may be revised or amended at any time by mutual agreement of the Fire Chief of the Santa Monica Fire Department (SMA) and the Fire Chief of the Los Angeles City Fire Department (LFD). All amendments to this Agreement shall be in writing and signed by the Fire Chiefs or their duly designated Acting Fire Chiefs. It is agreed that substantial reductions or modifications of services by any of the agencies shall be cause for reconsideration of the Agreement. The parties agree to meet annually at the first Area “A” Operations meeting in January to review and ensure the agreed responses keep pace with demographic and population changes applicable to the areas which may increase or decrease response needs. 5.C.a Packet Pg. 93 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 2 2 2. Term This Agreement shall commence, once executed by all parties hereto, on January 1, 2023 and shall remain operative and effective through December 31, 2028. Parties shall meet on or about June 1, 2027 to begin review and revision meetings. Any of the parties may terminate the Agreement at any time by giving written notice to the other party at least thirty (30) days prior to the date of withdrawal. 3. Mutual Benefits The parties intend that this Agreement will provide mutual benefits to both parties. Either party may, from time to time, request a review of the amount of assistance sent and received to ensure that the intent of mutual benefit is being met. Should the exchange of assistance not be equally distributed, this Agreement may be amended in accordance with Section 1 above. 4. Incident Command In those instances where resources from the assisting Department arrive before those of the jurisdictional Department, the highest-ranking member from the assisting Department will establish incident command and take the necessary action dictated by the situation. Command of the incident will be assumed by the jurisdictional Department upon its arrival at the scene. The highest-ranking officer of the assisting Department will become the Agency Representative (AREP). The resources of the assisting Department will be released from the scene as soon as practical by the jurisdictional Department. When it is deemed appropriate, the AREP may enter into Unified Command with the jurisdictional Department’s Incident Commander. It is understood that such a decision may require approval from an Agency Administrator of the assisting and/or jurisdictional Department. A common and agreed upon communications plan shall be established and utilized by all resources and Incident Commanders. 5. Commitment of Resources It is mutually understood and agreed that this agreement does not relieve either party from the necessity and obligation of using its own resources for furnishing fire and rescue service within any part of its own jurisdiction, and that the assisting party’s response to a request for aid will be dependent upon the existing emergency conditions within its own jurisdiction and the status of its resources. 5.C.a Packet Pg. 94 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 3 3 6. Method of Requesting Aid All requests for aid shall be via the respective dispatch center. Persons assigned to the dispatch center for each Department are authorized to send and receive such requests as per their respective operational procedures. 7. Timeliness of Request Upon receiving a request from either agency, the respective dispatcher who determines the need for automatic aid, shall make the request as soon as possible to minimize the delay in call processing and response times. If either party has limited resources due to drawdown or degraded dispatching, a notification shall be made to the respective dispatch center’s Duty Officer at the earliest convenience. 8. Intent of Agreement The intent of this Agreement is to provide the jurisdictional agency with a more efficient and/or effective initial response to an emergency incident. The agreed upon resources should only be utilized until the jurisdictional agency is able to relieve the assisting agency with their own resources and/or obtain the appropriate emergency resources, not to exceed a 4-hour period of time. If the agreed upon resources are not available from the assisting agency at the time of the request from the jurisdictional agency, the assisting agency need not respond. LFD, as the Area “A” Coordinator, may fill Area “A” requests with resources from any of the Area “A” cities. Resources supplied to the requesting agency under this Agreement shall be without charge for four (4) hours from the time the assisting agency’s resources are dispatched, after which time the assisting agency’s resources shall be billed to the requesting agency as “Assistance by Hire.” The assisting agency may choose to waive the charge for additional resources or additional time at the sole discretion of the Fire Chief of the assisting agency, or that Fire Chief’s designee. The waiver of charges shall not extend beyond twelve (12) hours from the time the initial resources were dispatched. Reimbursement rate shall be at the current base rate established by Cal OES Fire or the agency’s current Cal OES approved rate on file with Cal OES Fire. 9. Fire Incident Reporting Each agency shall be responsible for obtaining needed information to complete fire reports for incidents within their respective jurisdiction. Assisting units shall contact jurisdictional units to provide appropriate information for completion of fire reports. 5.C.a Packet Pg. 95 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 4 4 10. Training Joint training exercises will be conducted periodically upon agreement by the parties (minimum of one per year). These training exercises shall be coordinated with LFD and SMA Battalion Commanders. 11. Services by Los Angeles City Fire Department Upon request by SMA, LFD agrees to provide the designated resources described in Section 15.A. below, to those designated areas located within the jurisdiction of Santa Monica as defined on the attached maps. This constitutes “Automatic Aid” not requiring Deputy Department Commander approval. Outside of Section 15.A, additional requests will be at the request of the on-scene Incident Commander, Section 15.B. 12. Dispatch by Los Angeles City Fire Department Upon receipt by LFD of an alarm within the jurisdiction of Los Angeles City, and so designated on the attached maps, LFD will dispatch its resources to that alarm in accordance with the dispatch algorithms then in effect and notify Santa Monica Dispatch which will dispatch the agreed-upon SMA response. 13. Services by Santa Monica Fire Department Upon request by LFD, SMA agrees to provide the designated resources described in Section 15.C. below, to those designated areas located within the jurisdiction of Los Angeles as defined on the attached maps. This constitutes “Automatic Aid”. Outside of Section 15.C, additional requests will be at the request of the on-scene Incident Commander, and approved by the Duty Chief. 14. Dispatch by Santa Monica Fire Department Upon receipt by Santa Monica Dispatch of an alarm within the jurisdiction of Santa Monica, and so designated on the attached maps, Santa Monica Dispatch will dispatch its resources to that alarm in accordance with the dispatch algorithms then in effect and notify MFC which will dispatch the agreed-upon LFD response. 15. Amount and Type of Assistance The parties agree that the maximum amount and type of assistance available under this agreement is listed in Sections 15.A. and 15.B, below. In the event that either party requires more resources than this agreement allows, the requesting party shall notify the other, party the additional resources are an Area “A” request. 5.C.a Packet Pg. 96 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 5 5 A. LFD to SMA (Automatic Aid) 1) Structure Fire Response (SFAA): Map #1 a) Initial Dispatch: The closest available: • One Task Force (may be a Light Force and an Engine Company) • One Battalion Chief b) Additional resources that may be requested under this Agreement by the on-scene Incident Commander: • One Task Force (may be a Light Force and an Engine Company) • One Engine Company • One Battalion Chief • One Paramedic Ambulance 2) JUMPER Response (JUMPERAA): Map #2 • One Task Force equipped with air rescue cushion • One Battalion Chief 3) Physical Rescue (VEHIC): Map #2 a) Initial Dispatch: The closest available: • One Light Force B. LFD to SMA (Per Incident Commander Request) 1) Vegetation Fires (BRUSHAA): LFD will furnish full Brush Assignment • Six Engines • One Light Force • Three Helicopters (Two water dropping, One HLCO) • One Paramedic Rescue • One EMS Battalion Captain • Two Battalion Chiefs 5.C.a Packet Pg. 97 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 6 6 2) Hazmat (HAZMATAA): LFD will furnish full Hazardous Materials response • One Hazardous Materials Task Force and Squad • One Engine • One Paramedic Rescue • One Battalion Chief 3) Specialized and Technical Rescue resources Any request by SMA for specialized and technical resources (e.g. USAR, Heavy Rescue, etc.) shall be approved by the LFD Deputy Department Commander through the MFC Dispatch Center. 4) Move-up coverage: SMA will notify LFD of the requests for emergency Move-up coverage and the LFD, as the Area “A” Coordinator, will provide move-ups to SMA and may fill Area “A” move-up requests with resources from any of the Area “A” cities. 5) EMS Response: • One ALS ambulance NOTE: LFD serves as the back-up for Santa Monica and SMA may request up to 3 RA’s into SMA. Resources may be declined by LFD if in the opinion of the LFD Floor Captain, LFD resources are limited or in degraded mode. • Note: When the incident poses a risk to of extension to the City of Los Angeles border, LFD resources may remain attached to the incident longer that the prescribed time, or additional resources requested without charge, at the discretion of the LFD Agency Representative and approval from the Deputy Department Commander. C. SMA to LFD (Automatic Aid) 1) Structure Fire Response: Map #1 a) Initial Dispatch: • One Engine • One Truck • One Battalion Chief 5.C.a Packet Pg. 98 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 7 7 b) Additional resources that may be requested under this Agreement by the on-scene Incident Commander and Agency Rep: • Up to 3 Engines • One Light / Air Rescue 2) EMS Responses: Map #3 (ALS INCIDENTS ONLY) • One Engine (All ALS Capable) 3) Physical Rescue (VEHIC): Map #2 • One Truck 4) Vegetation Fires (BRUSH): Map #4 • Two Engines • One Battalion Chief 16. Annual Operating Plans The Parties agree to develop Annual Operating Plans for the following incident types and target hazards to ensure operational readiness and efficiency. The development of which shall not have an effect on the agreed upon implementation date of this agreement. A. Expo line B. Vegetation 17. Communications A. Radio Communications The Parties agree to share the use of communication systems, radio and radio frequencies for the execution of this Agreement. Sharing of the frequencies must be approved only by authorized personnel for each party and documented in the Incident Action Plan (IAP). The communications plan will be reviewed annually and included in the recurrent joint training exercise. When a Battalion Chief is assigned to the incident from the assisting agency (e.g. structure fire, swift water and freeway physical rescue), a common command and tactical channel of the jurisdictional agency shall be used by all assigned Officers and line personnel. 5.C.a Packet Pg. 99 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 8 8 For incidents where there is NO Battalion Chief assigned from the agency providing assistance (i.e. auto and other fires on the freeway, EMS incidents, etc.) agencies’ Company Commanders will communicate with each other using the tactical radio channel assigned to the agency having jurisdiction. Assisting units arriving on scene of the emergency prior to the jurisdictional agency shall provide a size-up on the requesting jurisdictional dispatch frequency and maintain communication with their respective home dispatch centers. Upon arrival at emergency incidents, resources shall communicate with each other on the established communication plan. For the purposes of clarification: • On incidents in LFD jurisdiction, the incident communications plan is assigned by MFC and communicated to Santa Monica Dispatch including the designated Zone along with Command and Tactical Channels as part of the request for resources. • On incidents in SMA jurisdiction, the incident communication plan is assigned by Santa Monica Dispatch and communicated to MFC including the designated Zone along with Command and Tactical Channels as part of the request for resources. B. Command Center Interface: Communications between Santa Monica Dispatch (“Fire Comm”) and MFC shall be via direct phone line. It is the intent of both agencies that their command centers shall maintain a successful working relationship so that each other’s processes and protocols are understood and communication between the centers is efficient. Each dispatch center will provide the other dispatch center with the appropriate telephone numbers. 18. No Third-Party Benefit This Agreement shall not be construed as, or deemed to be, an Agreement for the benefit of anyone not a party hereto, and anyone who is not a party hereto shall not have a right of action hereunder for any cause whatsoever. 5.C.a Packet Pg. 100 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 9 9 19. Consideration No party furnishing aid pursuant to this Agreement shall be entitled to compensation for services rendered to the requesting agency, it being understood that the respective covenants contained in this Agreement shall constitute the sole consideration for such services. 20. Hold Harmless It is mutually understood and agreed that the party requesting assistance is not required to indemnify the party furnishing assistance as to liability or damage imposed by law upon the assisting party for any act or omission of the assisting party or its employees occurring in the performance of the services. 21. No Effect on Master Mutual Aid Agreement It is mutually understood that this Agreement will in no way affect or have a bearing on the existing California Master Mutual Aid Agreement. 22. Equipment Rental In recognition of the immediate nature of emergency response, both parties agree to loan to one another, on a short term basis, various pieces of firefighting related equipment. The equipment may include, but is not limited to apparatus, technical rescue equipment and personal protective equipment, such as self-contained breathing apparatus. The loan of such equipment is for a short term, immediate need request where all other options for equipment replacement have been exhausted. If the need arises, both parties shall agree upon the item(s) to be loaned, the duration of the loan and any other restrictions of use, all of which shall be documented in a separate loan agreement. Both parties agree to hold each other harmless all the use and operation of the equipment. 23. Previous Agreements Canceled This agreement supersedes and cancels any previous Automatic Aid Agreement between the parties. 5.C.a Packet Pg. 101 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 10 10 IN WITNESS WHEREOF, this Agreement has been executed on the _____ day of _______________, 2023 and is effective and operative as to each of the parties as herein provided. CITY OF LOS ANGELES By: _________________________ KRISTIN M. CROWLEY Fire Chief Approved as to form and legality: Attest: HYDEE FELDSTEIN SOTO HOLLY L. WOLCOTT City Attorney City Clerk By: _________________________ By: _________________________ SAMUEL W. PETTY Deputy City Attorney CITY OF SANTA MONICA By: _________________________ WOLFGANG M. KNABE Fire Chief Approved as to form: Approved as to content: By: _________________________ By: _________________________ DOUGLAS SLOAN DAVID WHITE City Attorney City Manager 5.C.a Packet Pg. 102 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) LFD/SMA Automatic Aid Agreement (2023) Page 11 11 THIS PAGE INTENTIALLY LEFT BLANK 5.C.a Packet Pg. 103 Attachment: Attachment A. LFD-SMA MOA Draft [Revision 1] (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 104 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 105 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 106 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 107 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 108 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 109 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 110 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 111 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 112 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 113 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 114 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement) 5.C.b Packet Pg. 115 Attachment: Attachment B. 1995 and 1998 Updates to 1980 Agreement (6199 : LAFD-SMFD Automatic Aid Agreement)