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HomeMy WebLinkAbout1999-05-24 City Council (9)City of Palo Alto City Manager’s Report 4 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: FIRE AGENDA DATE: MAY 24, 1999 CMR: 257:99 SUBJECT:AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE LOS ALTOS HILLS COUNTY FIRE DISTRICT FOR INTER JURISDICTIONAL FIRE PROTECTION AND EMERGENCY MEDICAL RESPONSE SERVICE FROM CITY OF PALO ALTO FIRE STATION NUMBER 8. RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to sign the agreement between the City of Palo Alto and the Los Altos Hills County Fire District for interjurisdictional fire protection and emergency medical response service from City of Palo Alto Fire Station Number 8. BACKGROUND Palo Alto Fire Station Number 8 is located in Foothills Park and is staffed from approximately June 15 through October 15. It is entirely staffed on an overtime basis utilizing funds budgeted within the Fire Department at an approximate cost of $155,000. This period has historically been the peak time for wildland fires in that area. Fires, whether structural or wildland, originating in either jurisdiction (Palo Alto or Los Altos Hills) may spread to the adjoining jurisdiction if rapid intervention is not forthcoming. The current agreement for emergency response from Fire Station Number 8 during fire season is set to terminate effective June 6, 1999 (CMR 295:98). The Fire Chiefs of Palo Alto and Santa Clara County Central Fire Protection Distridt developed the agreement to be mutually beneficial to each jurisdiction and provide for the rapid response of emergency personnel. The agreement provides for more equitable cost sharing based on the actual number of calls into each jurisdiction from Fire Station Number 8 during the operational period. The agreement provides for the closest unit to respond regardless of jurisdiction. This occurs when a fire station from another jurisdiction is closer to parts of the other CMR 257:99 Page 1 of 3 jurisdiction. In addition, response volumes and proximity are more equitable in most cases. Fire Station 8 responded to 34 calls during the 1998 operational period. In reviewing incident response data from 1998, 29.5 percent of the total responses from Palo Alto Fire Station Number 8 have been into the Los Altos Hills area. This includes responses where Engine 8 was the first or second arriving unit into the response area. This translates into approximately 10 responses per annual operational period. The low call volume allows for the sharing of this resource without significant risk to Palo Alto residents. DISCUSSION Based upon the mutual satisfaction by both parties subsequent to the 1998 agreement, both agencies propose a three year agreement. This agreement will commence on June 15, 1999 and end approximately June 15, 2002. The terms of the agreement may be extended and services provided beyond the normal 120-day operational period if fire conditions warrant and by mutual agreement of the Fire Chief of Palo Alto and the Fire Chief of Santa Clara County Central Fire Protection District. All other provisions of the agreement will remain unchanged. The agreement specifies that the Los Altos Hills County Fire District will pay a percentage of the personnel costs (consisting solely of base salary and overtime costs) for personnel assigned to Palo Alto Fire Station Number 8 during the operational period. The percentage will be based upon the actual total responses into Los Altos Hills County Fire District jurisdiction as compared to the total responses for Fire Station Number 8. The exact amount to be reimbursed, plus a 15 percent administrative fee, will be calculated and invoiced to the Los Altos Hills County Fire District and would be payable to Palo Alto within 45 days of receipt of invoice. RESOURCE IMPACT The City Manager’s proposed 1999-00 Budget contains $152,150 in the Fire Department’s operating budget for the costs associated with this agreement. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. ENVIRONMENTAL REVIEW This project is categorically exempt under the provisions of California Environmental Quality Act as a use of existing facilities without the expansion beyond the applications now existing. CMR 257:99 Page 2 of 3 ATTACHMENTS Attachment A:Agreement Between the City of Palo Alto and the Los Altos Hills County Fire District for Interjurisdictional Fire Protection and Emergency Medical Response Service From City of Palo Alto Fire Station Number 8. Attachment B:Automatic Aid Response Map Prepared by: Department Head Review: Nicholas Marinaro, Deputy Fire Chief City Manager Approval: HARRISON Assistant City Manager CMR 257:99 Page 3 of 3 AGREEMENT BETWEEN THE CITY OF PALO ALTO AIqD THE LOS ALTOS HILLS COUNTY FIRE DISTRICT FOR INTERJURISDICTIONAL FIRE PROTECTION AND EMERGENCY MEDICAL RESPONSE SERVICE FROM CITY OF PALO ALTO FIRE STATION NUMBER 8 This Agreement, made and entered into on June __, 1999, by and between the CITY OF PALO ALTO and the LOS ALTOS HILLS COUNTY FIRE DISTRICT. RECITALS: WHEREAS, the City of Palo Alto provides fire protection services within its municipal boundaries; and, WHEREAS, Los Altos Hills County Fire District provides fire protection services Within its district boundaries through contract with the Santa Clara County Centra! Fire Protection District; and, WHEREAS, Palo Alto owns Fire Station Number 8, located in the Palo Alto Foothills Park at 3300 Page Mill Road, adjacent to the boundary of the Los Altos Hills County Fire District, and Fire Station 8 is operated during~the summer fire season, which normally commences on or about June 15th and continues through approximately October 15th; and, WHEREAS, the legislative bodies of the parties to this agreement have determined that the most efficient use of available fire protection and emergency medical response resources of the parties would be made through assured response intoa fire threat zone within the Los Altos Hills County Fire District boundaries from City of Palo Alto Fire Station Number 8 during the summer fire season; and, WHEREAS, the parties therefore desire to exercise jointly their powers to provide, fire protection and emergency medical response pursuant to Government Code section 6500, et seq., under the terms and conditions-set forth below. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: i. Operational Dates and Times (a) During the fire season, which extends roughly from June 15th through October 15th but may be declared by the Fire Chiefs of Palo Alto and Santa Clara County Fire by their concurrence to begin earlier or extend to a later date if fire conditions warrant (or to begin later or extend to an earlier date 990517 syn 0043718 1 if appropriate), Fire Station Number 8 shall be fully staffed by Palo Alto to the extent and under the conditions provided below. (b) Fire Station 8 will be operated by Palo Alto on a 12 hour basis (8:00 a.m. to 8:00 p.m.) on every day (including holidays and weekends) during the fire season; operational hours may be extended by concurrence of the Fire Chiefs of the Palo Alto and the Santa Clara County Fire whenever conditions warrant. 2. Staffing Station 8 shall be staffed by Palo Alto at all times the station is operational with fully-trained, permanent-status city employees in the following classifications: one Captain, one Apparatus Operator, and one firefighter. All personnel staffing Station 8 shall be EMT-D certified and shall be fully trained in wildland firefighting operations prior to serving at Station 8. Costs of said training prior to assignment to Station 8 shall be incurred solely by Palo Alto and not passed on in any manner to Los Altos Hills County Fire District. 3. Equipment Station 8 shall be equipped by Palo Alto with a fully- functional Type 3 engine during all hours when the Station is operational. Whenever the designated engine is outside the service district for Station 8 or otherwise unavailable for deployment in excess of twenty minutes, Palo hlto will reposition another engine within the Station 8 service district, and that substitute engine shall also be a fully-functional Type 3 engine, or a Type 1 engine if no Type 3 engine is temporarily available. 4. Operations Fire Station Number 8 operations pursuant to this agreement shall include both fire suppression activities as well as first responder medical aid, within an area designated the mutual threat zone, which is delineated on the attached map and generally encompasses that portion of Palo Alto from Interstate 280 to Skyline Boulevard and that portion of the Los Altos Hills County Fire District bounded on the west along Page Mill Road, on the south by Moody Road to Elephant Mountain, on the north by Deer Creek Road to Arastradero Road and along Foothill Expressway, and on the east from Foothill Expressway at Miranda Road to Fremont Road westerly to the intersection of Interstate 280 at Arastradero Road and then southerly to Elephant Mountain. Station 8 will respond into the mutual threat zone as the first responding unit on any emergency requiring fire suppression or first responder medical aid. 990517 syn 0043718 5. Payment (a) Los Altos Hills County Fire District agrees to pay to Palo Alto a percentage of total Station 8 personnel costs during the fire season derived by comparing the number of incident responses into Los Altos Hills County Fire District jurisdiction from Station 8 to the total number of incident responses from Station 8 during the fire season. For purposes of this agreement, an incident response shall be counted as such even if cancelled en route. In addition, Los Altos Hills County Fire District agrees to pay to Palo Alto a fifteen percent surcharge for administrative costs allocable to the percentage of personnel charges attributable to the Los Altos Hills County Fire District as calculated above. (b) Palo Alto will provide Los Altos Hills County Fire District with an invoice for personnel costs incurred by Palo Alto, itemized as to hours worked by each employee at regular and overtime salary rates, no later than sixty days following the end of the fire season for Station 8. Personnel costs submitted for payment shall consist solely of base salary and overtime costs and shall not exceed those of comparable personnel performing comparable work at other Palo Alto fire stations. (c) Los Altos Hills County Fire District will pay the full amount of the invoice within 45 days following receipt of the invoice. (d) Palo Alto shall retain the obligation to provide all salary and employee benefits required by contract or by law (including workers compensation benefits) for its employees assigned under this agreement. Each employee assigned under this agreement shall be subject to Palo Alto’s personnel rules, regulations, and processes, as wel! as any labor contract provisions applicable to that employee, provided by Palo Alto for that employee. 6. Weather Station In further consideration for the services provided by Palo Alto under this agreement, the Los Altos Hills County Fire District will maintain a weather station at a location suitable fo~ use unde± this agreement. City shall be afforded access to the weather information and forecasts from this weather station at all times that Station 8 is operational. 7. Reports Palo Alto shall provide Los Altos Hills County Fire District with an annual summary report of all services provides from Station 8, itemized as to the type of each call and whether the call was in Palo Alto or in Los Altos Hills County Fire District. Palo Alto shall also provide Los Altos Hills County Fire District with monthly interim reports. 990517 syn 0043718 8. Operational Protocols Implementing details for Palo Alto’s response from Fire Station Number 8 pursuant to this agreement shall be established by an operational protocol between the Fire Chiefs of Palo and Santa Clara County Fire, and the terms of that operational protocol shall be incorporated herein and binding upon the parties. 9. Term The term of this agreement shall commence upon execution by all parties and shall terminate June 1,2002, unless sooner terminated by any of the parties by written notice given at least thirty days prior to the date of such early termination. I0. Legal Relationships (a) While City’s Fire Station Number 8 personnel are responding into Los Altos Hills County Fire District pursuant to this agreement, the parties concur that Palo Alto’s employees so assigned shall not be considered to be either general or special employees of Los Altos Hills County Fire District or Santa Clara County Fire for purposes of the workers’ compensation laws. (b) Except as otherwise provided herein, each party agrees to indemnify, defend and hold harmless the other parties, their officers, agents, and employees from any and all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by or arising out of the performance or failure to perform the obligation assumed under this agreement. (c) This agreement is entered into solely for the mutual benefit of the signatory parties and not for the benefit of any resideni or other person or entity. No person or entity not a party hereto shall have any right to enforce this agreement or bring any action as a consequence of this agreement arising out of a failure or omission on the part of any of the parties to provide the services described herein. (d) This agreement is intended to supplement rather than supplant any agreements orarrangements between the parties for automatic aid or mutual aid in emergencies requiring fire suppression or first responder medical care into the areas of Los Altos Hills County Fire District covered by this agreement. (e) This agreement shall not be construed to create any separate joint powers entity under the provisions of Government Code §6500, et seq. Notwithstanding the provisions for allocation 990517 syn 0043718 of loss or liability provided therein, the provisions of this agreement for loss allocation shall govern. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: Assistant City Manager Fire Chief Director of Admin. Services Risk Manager LOS ALTOS HILLS COUNTY FIRE DISTRICT President,. Board of Directors ATTEST: APPROVED AS TO FORM: 990517 syn 0043718