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HomeMy WebLinkAbout2002-06-17 City CouncilCity of Palo Altl.1 City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: FIRE AGENDA DATE: ¯ JUNE 17, 2002 CMR: 240:02 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 interjuri~dictional 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 staffed utilizing funds budgeted within the the Fire Department estimated at $180,600 for 2002-03. These costs are the result of back- staffing at the overtime rate for the on-duty personnel who are assigned to Fire Station Number 8 during the wildland season. 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 will terminate on June 1, 2002 (CMR 257:99). The Fire Chiefs of Palo Alto and Santa Ciara County Central Fire Protection District developed the agreement to be mutually beneficial to each jurisdiction and provide for the rapid response of emergency personnel. The agreement provides for cost sharing based on the actual number of calls into each jurisdiction from Fire Station Number 8 during the operational period and provides for the closest unit to respond regardless of jurisdiction. In addition, response volumes and proximity CMR 240:02 Page 1 of 3 have been equitable in most cases. This includes responses where Engine 8 (E8) was the first or second arriving unit into the response area. During the four year period from 1998-2001, E8 responded to the Los Altos Hills area, on average, 11 times during the wildland season, equating to an average of 34.2 percent of all calls for E8. The low call volume allowed for the sharing of this resource without significant risk to Palo Alto residents. DISCUSSION Based upon the mutual satisfaction by both parties, both agencies support a three-year agreement. This agreement would commence on June 15, 2002 and end January 1, 2005. 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 of base salary and any additional overtime costs) for personnel assigned to Fire Station Number 8 during the operational period. Both parties have agreed, at the request of the Los Altos County Fire District Board, to a fixed percentage of costs for annual reimbursement. The fixed percentage figure is the average percentage of E8 responses for the four-year period from 1998-2001, or 34.2 percent. A fixed percentage figure provides for improved budget expenditure projections and revenue generation for both parties and is agreeable to both parties as beiiig fair and equitable. For 2002, the percentage will be applied as the average of invoiced amounts to Los Altos Hills County Fire Department (LAHCFD) from 1998-2001. The exact reimbursed amount 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 2002-03 Budget contains $180,600 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 240:02 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. Prepared by:Nicholas Marinaro, Deputy Fire Chief Department Head Review: RUBENi~tIJALVA Fire Chef City Manager Approval:t EMILY HARI~SON Assistant City Manager CMR 240:02 Page 3 of 3 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 This Agreemenn, made and entered into on June , 2002, 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 Central 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 havedetermined that the most .efficien£ use of available fire protection and emergency medical response resources of the parties would be made through assured response into a fire thr~at zone within the ~os Altos Hills County Fire District boundaries fromCityof 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 Octobe~ 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 020605 c10044157 1 conditions warrant (or to begin later or extend to an earlier date 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 PaloAlto 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 theFire Chiefs of the Palo Alto and the Santa Ciara 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 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 Alto 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. 020605 c10044157 5. Payment (a) LosAltos Hiils County Fire Districtagrees to pay Palo Alto $44,500 for the 2002 fire season and $46,948 for the 2003 fire season (an increase of 5.5% based on the current Palo Alto Fire Department labor agreement). For the 2004 fire season, Los Altos Hills County Fire District agrees to pay Paio Alto the payment amount for the 2003 fire season adjusted according to the percentage increase or decrease to base wages negotiated for the 2004 Palo Alto Fire Department labor agreement. (b) In the event that the operational times specified in paragraph l(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 ~ili provide Los Altos Hills County FireDistrict with an invoice for such personnel costs incurred by Palo Alto, itemized as to hours worked byeach employee, no later than sixty 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 45 days following receipt of the inVoi~’ce.~ (c) Palo Altoshal! invoice Los Altos Hills County Fire District no later than sixt~ days following the commencement of the 2002 fire season (as defined in this agreement) for the payment specified for that fire season, and the Los Altos Hills County Fire District will pay the full amount of that invoice within 45 days following receipt of the invoice. Palo. Alto shall invoice Los Altos Hills County Fire District no later than sixty days prior to the commencement of the 2003 and 2004 fire season (as defined in this agreement) .for the payment amount specified for these respective fire seasons. 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 well 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 for use under this agreement. City shall be afforded access to the 020605 el 0044157 3 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 Hill~s County Fire District. Palo Alto shall also provide Los Altos Hills countY Fire District with monthly interim reports. 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 shal-i be incorporated herein and binding upon the parties. 9. Term The’teYm of this agreement shall commence upon execution .by all parties and shall terminate January I, 2005, unless sooner terminated by any of the parties by written notice given at leas< 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 agr@ement is entered into solely.f0r the mutual ben@fit 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 services described herein. 020605 c10044157 4 (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 suppresslon 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 provislons 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. 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: 020605 el 0044157 5