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HomeMy WebLinkAboutStaff Report 332-05" TO: City of Palo Alto City Manager's Report HONORABLE CITY COUNCIL FROM: CITY MANAGER DEPARTMENT: FIRE AGENDA DATE: AUGUST 1, 2005 CMR: 332:05 SUBJECT: 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 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 (LAHCFD) for inter-jurisdictional 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 has been staffed from approximately June 15 through October 15 by Palo Alto Fire personnel with overtime funding. This period has historically been the peak time for fires in the wildland/urban interface area. Fires, whether structural or wildland, originating in either jurisdiction (Palo Alto or Los Altos Hills) may spread to the adjoining jurisdiction if intervention is not forthcoming. Due to budgetary constraints for 2005-06, staffing for Fire Station Number 8 has been modified as noted in the attached agreement. Deployment of other fire units for emergency response to this area remains unchanged. The current agreement for emergency response from Fire Station Number 8 during fire season has terminated (CMR 240:02). The Fire Chiefs of Palo Alto and Santa Clara County Fire Department developed the agreement to be mutually beneficial to each jurisdiction and provide for the rapid response of emergency personnel on designated "high-risk" days. The agreement provides for cost sharing based upon the number of days the station is staffed and provides for the closest unit to respond regardless of jurisdiction. DISCUSSION Based upon the mutual satisfaction by all parties, both agencies support a one-year agreement. This agreement would commence on July 1,2005 and end June 30, 2006. The terms ofthe agreement may be extended and services provided beyond the normal 120-day operational period if fire conditions CMR332:05 Page 1 of3. 4 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 pro-rated fixed daily fee for personnel costs (consisting of base salary and any additional overtime costs) for personnel assigned to Fire Station Number 8 during the operational period. The exact reimbursed arriount will be calculated and invoiced to the LAHCFD and would be payable to Palo Alto within 45 days of invoice receipt. RESOURCE IMPACT The City Manager's proposed 2005-06 budget contains funding in the Fire Department's operating budget for the costs associated with this agreement. The City of Palo Alto anticipates a cost-savings of approximately $60,000 in the fiscal year 2005-06 budget as a result of the alternate staffing plan. POLICY IMPLICATIONS This recommendation is consistent with existing City policies. ENVIRONMENTAL REVIEW This proj ect 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. ATTACHMENTS Attachment A: Prepared by: 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. Nicholas Marinaro, Fire Chief Department Head Review: ~ = HOiAs~ Assistant City Manager CMR332:05 Page 2 of1 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 Tnis Agreement, made and entered into on July 1, 2005, by and between the CITY OF PALO ALTO and the LOS ALTOS HILLS COUNTY FIRE DISTRICT. RECITALS: WHEREAS, the City of Palo Alto provides protection services within its municipal boundaries; and fire WHEREAS, Los Altos Hills County Fire District provides fire protection services within its district boundaries through 'contract with . the Santa Clara County Central Fire Protection Districti 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 15thi 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 into a 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 seasoni and WHEREAS, the parties therefore desire to jointly their powers to provide fire protection and medical response pursuant to Government Code section seq., under. the terms and conditions set forth below. exercise emergency 6500, et NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. 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 F;ire Protection District 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 if appropriate), Fire Station Number 8 050614 sm 0044424 1 shall be 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 High Fire Danger days (including holidays and weekends) during· the fire season; operational hour's may be extended by concurrence of the Fire, Chiefs of the Palo Alto and the Santa Clara County Fire Protection District whenever conditions warrant. High Fire Danger days will be determined according to the standards and measurements employed by the Regional Area Weather Station operated by the City of Los Altos. 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 and one Apparatus Operator. All personnel staffing Station 8 shall be EMT-B 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. The assigned Palo Alto Fire Department staff will make every reasonable effort to conduct all logistical support activities prior to 10 a.m. on High Fire Danger days When Station 8 is required by this agreement to be staffed, recognizing that emergency response and required training activities may affect compliance. 3. Equipment Station 8 shall be equipped ,by Palo Alto with a fully functional Type 4 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 Alto will reposition another engine within the Station 8 service district, and that substitute engine shall also be a fully-functional Type 4 engine or a Type 1 engine if no Type 4 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 050614 sm 0044424 2 county Fire District bound~d on the west along Page Mill Road, on the south by Moody Road to Ele~hant 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. 5. Payment (a) Los Altos Hills County Fire pay Palo Alto the amount of $274.86 for Station 8 is staffed during the operational paragraph l(b) of this agreement. District agrees to each day in which times specified in (b) In the event that the operational times specified in paragraph 1 (b) of this agreement are extended as provided therein, Los Altos Hills County Fire District agrees to pay Palo Alto for 34.2% of all personnel costs incurred by Palo Alto during such extended periods at overtime rates specified in the applicable Palo Alto Fire Department labor agreement. Palo Alto will provide Los Altos Hills County Fire District with an invoice for such personnel costs incurred by Palo Alto, itemized as to hours worked by each employee, no later than forty-five (45) days following the end of the fire season for Station 8. Los Altos Hills County Fire District will pay the full amount of the invoice within forty-five (45) days following receipt of the invoice. (c) Palo Alto shall invoice Los Altos Hills County Fire District no later than forty-five (45) days following the close of the fire season and the Los Altos Hills County Fire District will pay the full amount of that invoice within forty- five (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 well as any labor contract provisions applicable to that employee, provided by Palo Alto for that employee. 050614 sm 0044424 3 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 for use under this agreement, City shall be afforded access to the weather information and forecasts from this weather station at all times that Station S 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 S, 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. S. Operational Protocols Implementing details for Palo Alto's response from Fire Station NumberS 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 January 1, 200.§., unless sooner terminated by any of the parties by written notice given at least thirty days prior to the date of such early termination. 10. Legal Relationships (a) While City's Fire Station Number S 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 an_d all demands, claims, or liabilities of any nature, including death or injury to any person, property damage, or any other loss caused by.or 050614 sm 0044424 4 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 resident 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 ser~ices described herein. (d) This agreement is intended to supplement rather than supplant any agreements or arrangements 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 of loss or liability provided therein, the provisions of this agreement for loss allocation shall govern. CITY OF PALO ALTO: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Fire Chief Director of Admin. Services Risk Manager 050614 sm 0044424 5 LOS ALTOS HILLS COUNTY FIRE DISTRICT Directors ATTEST: APPROVED AS TO : £~\~ A"S%~ Distrigt Counsel