By Larry Judkins
Glenn County Observer
Glenn County law enforcement and the various fire departments in the county have long recognized the desirability if not the outright need for consolidating fire dispatching.
Presently, each fire department makes its own arrangements for dispatching. The Orland Fire Department, as well as the departments of Capay, Ord Bend, Bayliss, Glenn-Codora, and Butte City, are dispatched by the Corning Fire Department; Hamilton City is currently dispatched by the Cal Fire Tehama-Glenn Unit in Red Bluff; and after years of doing its own dispatching, the Willows Fire Department, in late 2019, also switched to the Cal Fire Tehama-Glenn Unit.
The City of Orland and the Orland Fire Protection District have been jointly contracting with City of Corning since 2007, although calls initially route through the Glenn County Sheriff dispatch. Orland pays Corning a fixed rate per dispatched call, amounting to about $20,000 per year for the city and $15,000 for the district.
At tonight’s (Tuesday’s) Orland City Council meeting, which begins at 6:30 p.m., Orland Fire Chief Justin Chaney plans to ask the council to endorse a memorandum of understand (MOU) for countywide consolidation of fire dispatch services.
According to the backup material for tonight’s agenda item, “Studies and discussion about the potential and feasibility for consolidation of dispatch have spanned 10 years, with districts generally in agreement on the need but not finding ways to overcome logistical and jurisdictional hurdles. Following successful implementation of countywide mutual aid agreements this year, recent conversations about dispatch proved more fruitful, with Chief Chaney representing both the city and rural departments.”
The backup material continues, “County of Glenn administration, along with fire chiefs of both cities and all districts in the County, are in agreement on a draft MOU to provide unified dispatch services through the Glenn County Sheriff’s Office. Systems are being brought into place to enable this functional realignment, to start officially January 1, 2023.
“Orland and Willows would each contribute $30,000 annually, adjusted per Consumer Price Index in succeeding years. The balance of the expense would be borne by the county.”
It is expected the consolidated system will shave some two to five minutes off our notification and response times, precious minutes that could very easily save lives and better protect the citizens of Glenn County.
This agreement, with scope of services and contribution obligations, will be presented to the City of Willows on Tuesday, Oct. 12, and will soon go to the Glenn County Board of Supervisors for their consideration.
A similar MOU is going to each fire district. Hamilton City Fire Chief Dan James told The Observer Tuesday afternoon that the MOU for his fire department has already been signed.
The MOU for the Orland Volunteer Fire Department follows:
MEMORANDUM OF UNDERSTANDING
CENTRALIZED FIRE DISPATCH SERVICES
This CENTRALIZED FIRE DISPATCH SERVICES MEMORANDUM OF UNDERSTANDING (hereafter “MOU”) is made and entered into by and between the County of Glenn (hereafter “COUNTY”) and the City of Orland and City of Willows in this MOU (hereafter the “Cities”). The CITIES and the COUNTY, individually each a “PARTY” and jointly referred to herein as the “PARTIES”.
RECITALS
WHEREAS, the CITIES need fire and fire medical aid dispatching services and have decided that the most cost-effective and efficient way to provide those services to their communities is to contract with another entity which already has an established dispatching facility with personnel and equipment and the capability of providing such services; and
WHEREAS, the COUNTY is such an entity with its own dispatchers and has the ability and capacity to provide emergency dispatch services to CITIES in addition to itself; and
WHEREAS, it will be mutually beneficial to all PARTIES to this MOU that they cooperate with each other in this regard;
NOW, THEREFORE, in consideration of the mutual promises, obligations and covenants contained herein, COUNTY and CITIES do hereby agree as follows:
AGREEMENT
1. Purpose of MOU. The PARTIES hereto are entering into this MOU in order to document the arrangement they are entering into whereby fire and other emergency calls for services normally responded to by the respective CITIES of each part (typically medical aid calls as distinguished from calls to the police or Sheriff’s departments related to law enforcement needs) will all be routed to and through the fire dispatch staff of the COUNTY.
2. Services to be Provided (hereafter “SERVICES”):
2.1 Fire Dispatch Services: COUNTY will, through its Sheriff’s Department Dispatch Center, provide dispatch services for the CITIES participating in this MOU.
2.2 Fire Medical Aid Dispatch Services: COUNTY will, through its existing Sheriff Department Dispatch Center, provide fire medical emergencies dispatch services for the CITIES participating in this MOU.
2.3 Control Burn Information Services: COUNTY will, through its existing Sheriff’s Department Dispatch Center, receive telephone calls for controlled burn reports and controlled burn logging services for the CITIES participating in this MOU.
2.4 Business Line Answering Services: COUNTY will, through its existing Sheriff’s Department Dispatch Center, receive business line telephone calls for CITIES participating in this MOU. COUNTY will answer identified lines and coordinate communication with the participating CITIES.
3. Resources Used for Dispatching:
3.1 Dispatch Equipment. The equipment to be used by COUNTY at its Sheriff’s Office for dispatching SERVICES contemplated by this MOU shall be provided and maintained by COUNTY at its sole cost and expense. The equipment to be used by the CITIES participating in this MOU in their vehicles and at their respective fire departments shall be provided and maintained by the CITIES at their sole cost and expense. The CITIES and the COUNTY will cooperate in ensuring that calls from the public for fire and medical aid services are routed directly to the COUNTY’s Dispatch Center for dispatch to the appropriate responding agency.
3.2 Sheriff Dispatch Staff. COUNTY, through the Sheriff’s Dispatch Center, shall make available at least one dispatcher who shall be assigned to fire dispatch duties on each shift. This dispatcher’s primary duty shall be to provide those SERVICES contemplated by this MOU; however, during those periods of time when no fire or medical calls occur, the dispatcher may perform other duties as assigned by the COUNTY. The COUNTY will staff the Sheriff Dispatch Center in such a manner to support the enhanced fire dispatch services. The COUNTY will staff the Sheriff Dispatch Center in such a manner to support the enhanced fire dispatch services.
4. Termination for Convenience:
4.1 COUNTY. Should the COUNTY, in its sole discretion, determine that it no longer wants to provide the SERVICES contemplated by this MOU, COUNTY shall provide the CITIES participating in this MOU with no less than one hundred eighty (180) days written notice of that determination. In such event CITIES, in their sole discretion, shall be entitled to have the SERVICES performed by any other person or entity it chooses, including the CITIES own employees, with no further liability or obligation to COUNTY under this MOU.
4.2 CITIES. Should any CITIES participating in this MOU determines that it no longer wants to receive the SERVICES contemplated by this MOU, the CITIES shall provide to COUNTY with no less than one hundred eighty (180) days written notice that determination. In such event, COUNTY shall cease providing SERVICES to that CITIES and shall, in its sole discretion and upon no less than one hundred and eighty (180) days written notice, be entitled to cease providing all SERVICES under this MOU to all CITIES participating in this MOU without any further liability or obligation under this MOU.
5. Term and Termination. The term of this MOU shall commence on January 1, 2023, unless terminated as follows:
A. By mutual agreement of the PARTIES;
B. By a PARTY upon a material breach by another PARTY of the provisions hereof; or
C. By a PARTY upon delivery of 180 days’ written notice thereof to all other PARTIES.
6. Fees.
6.1 Service Fee. CITIES shall pay COUNTY for any of the services contemplated by this MOU based on the mutual agreed amount for each city. The fee for the first year of service for each city as follows:
• City of Orland $30,000
• City of Willows $30,000
The CITIES shall pay their fee in quarterly payments due by the 15th of each of the following months: January, April, July, and October.
6.2 Annual Service Fee Increase. The service fee for dispatch services each year during the Term hereof subsequent to the first service year shall be increased in the same amount of any increase in the Consumer Price Index during the preceding service year. Such increase shall be calculated by multiplying the annual service fee by a fraction whose numerator is the Consumer Price Index for the twelfth month of the preceding service year and whose denominator is the Consumer Price Index for the first month of such service year. In no event shall the service fee be increased due to changes in the Consumer Price Index above 3 percent of the previous service year. For purposes hereof “Consumer Price Index” shall mean the Consumer Price Index for All Urban Consumers, U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor, All Items (1982-84=100).
7. Dispatch Advisory Committee. A Dispatch Advisory Committee shall be formed as a component of this MOU. The membership shall consist of: the Sheriff, a member of the Board of Supervisors appointed by the Board of Supervisors, a member as appointed by the Fire Chief’s Association, a member appointed by the Orland City Council, a member appointed by the Willows City Council, and a member of the Sheriff’s staff responsible for the supervision of the Sheriff’s Dispatch as determined by the Sheriff. The purpose of this group will be to allow the PARTIES to communicate and provide feedback; improve the program; receive input; and, resolve any issues that may arise. The group shall appoint a chair, vice chair, and secretary and shall work collaboratively to address issues. The group shall meet at least quarterly and shall prepare an agenda for each meeting.
8. Independent Contractor. Nothing in this MOU is intended to, or shall be construed to, create an employer-employee relationship, a joint venture relationship, or allow the CITIES participating in this MOU to exercise discretion or control over the COUNTY or any employee providing SERVICES under this MOU. COUNTY employees performing SERVICES under this MOU shall be, and at all times remain, employees of COUNTY and shall not be deemed employees of the CITIES participating in this MOU for any purpose. COUNTY shall be solely responsible for any and all compensation, payroll taxes, withholdings, workers’ compensation and any other insurance or benefits of any kind for any COUNTY employee providing SERVICES under this MOU.
9. Assignment. Inasmuch as this MOU is intended to secure the specialized SERVICES of COUNTY, COUNTY may not assign, transfer, delegate or sublet any interest herein. Any attempt at assignment of the rights under this MOU except for those specifically consented to by all PARTIES in writing and shall be void.
10. Mutual Indemnification. Each PARTY shall defend, indemnify and hold all other PARTIES, their officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of the SERVICES under this MOU but only in proportion and to the extent such liability, loss expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents or employees.
11. Entire Agreement/Modification. This MOU may only be modified by a written amendment hereto executed by all PARTIES and constitutes the entire agreement between the parties regarding the subject matter of this MOU. This MOU supersedes all proposals, oral and written, and all negotiations, conversations or discussions heretofore between the parties related to the subject matter of this MOU.
12. Application of Law. This MOU shall be governed by the laws of the State of California and any action filed to enforce any of the terms and conditions of this MOU shall be filed in the Glenn County Superior Court.
13. Severability. If any portion of this MOU or application thereof to any person or circumstances shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state or local statute, ordinance, or regulation, the remaining provisions of this MOU or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this MOU are severable.
14. Notices. Any notice required to be given pursuant to the terms and provisions of this MOU shall be in writing and shall be sent first-class mail to the following addresses:
If to City of Orland: City Manager, 815 Fourth Street, Orland CA 95963
If to City of Willows: [Title/Name] [Entity] [Address] [City State, and Zip Code]
If to COUNTY: Sheriff’s Dispatch Office, 543 West Oak Street, Willows, CA 95988; (530) 934-6441 Phone, (530) 934-6473 Fax
Notice shall be deemed to be effective two days after mailing.
IN WITNESS WHEREOF, COUNTY and the CITIES participating in this MOU have executed this agreement on the day and year set forth below.
The Glenn County Observer 