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HomeMy WebLinkAboutBoundary Drop and Operational Agreement (2016)3 121 -�lf-1("� - 0 -f � BOUNDARY DROP and OPERATIONAL AGREEMENT BETWEEN THE CITY OF GILROY, THE SOUTH SANTA CLARA COUNTY FIRE DISTRICT, AND THE CITY OF MORGAN HILL JANUARY 1992 (REVISED: JULY 2016) afC5130 DEC u 6 2016 VENDOR'S COPY This Boundary Drop Agreement ( "Agreement ") is made as of , 2016 ( "Effective Date") between the City of Gilroy, a California municipal corporation, herein referred to as "Gilroy ", the City of Morgan Hill, a California municipal corporation, herein referred to as "Morgan Hill" and the South Santa Clara County Fire District, a fare protection district organized and operating under the Fire Protection District Law of 1987 (Health and Safety Code Section 13800 et seq.), herein referred to as the "District ". The parties to this Agreement are individually referred to as an "Agency" and collectively as the "Agencies." RECITALS WHEREAS, the purpose of this Agreement is to eliminate geographic boundaries and streamline delivery of service to provide the most efficient emergency response service; and and WHEREAS, automatic -aid agreements, in the past, have existed between jurisdictions and fire departments; WHEREAS, in 1992, Gilroy and the District entered into an agreement for automatic aid; and WHEREAS, in 1994, Morgan Hill and the District entered into an agreement for automatic aid; and WHEREAS, in 1995, Morgan Hill contracted with the Central Fire Protection District to provide fire protection services for Morgan Hill; and WHEREAS, in 1998, the Central Fire Protection District and the District executed an agreement for automatic aid; and WHEREAS, in 2007, Gilroy and the District revised their agreement for automatic aid; and WHEREAS, in 2010, Gilroy, the District and the Central Fire Protection District (providing fire protection services to Morgan Hill) entered into an agreement to share chief officer response coverage between Gilroy, the District and the Central Fire Protection District; and WHEREAS, in 2013, Morgan Hill reconstituted its fire department and entered into an agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire services and administration of the Morgan Hill Fire Department; and WHEREAS, it is the intent of the Agencies of this Agreement to provide reciprocal services covering the wide range of emergency response including, but not limited to, fires, medical aids, rescues, and hazardous materials incidents ( "Emergency Incidents "); and WHEREAS, it is also the intent to mutually provide Battalion Chief ( "BC ") coverage for Emergency Incidents. Now therefore, in consideration of the promises and mutual covenants contained in this Agreement, the Agencies agree as follows: 2 1. BOUNDARY DROP: The basic philosophy of this Agreement is to commit the closest appropriate available resource and BC, regardless of jurisdiction, to mitigate the Emergency Incident and, as quickly as possible, return the apparatus and BC to its respective jurisdiction once the Emergency Incident has stabilized. In the event that multiple engines are out of their normal response area, the primary responding resource shall be the closest available resource. In those instances when Agencies are experiencing multiple emergency calls, the Duty Chiefs and the Morgan Hill Emergency Command Center ( "ECC ") and/or Gilroy Dispatch ( "Dispatch ") shall coordinate available resources in order to provide adequate emergency response. 2. RESPONSE PLANS: The Standard Response Plans for Morgan Hill, the District, and Gilroy are attached hereto as Appendix A.3, A.4, and A.5, and are hereby incorporated by this reference. 3. STATION COVERAGE/MOVE -UPS: The following Move and Cover Plan is a template for station coverage priority during Emergency Incidents and training events. The intent is to centralize coverage regionally for overall deployment of resources to additional calls for service. This Move and Cover Plan may be altered with concurrent Duty Chief approval. The table below illustrates (from left to right) the order of which fire stations will be covered by available fire units. Stations in bold are identified "must cover" stations meaning that once available units drop below the "must cover" level, mutual aid will be requested through the Santa Clara County Mutual Aid Plan. Sunrise Sunrise Dunne Hill Moran Hill Chestnut El Toro Moran Hill Chestnut El Toro Chestnut El Toro El Toro Dunne Hill Dunne Hill Morgan Hill Moran Hill Chestnut Chestnut El Toro El Toro I Masten Masten Masten Masten Masten Masten . Moran Hill Las Animas Las Animas I Las Animas Las Animas Las Animas Las Animas Las Animas 4. INCIDENT STANDBY: In the event that an engine is dispatched to an incident outside of its jurisdictional area and, upon arrival, the Emergency Incident is determined to be stable and it appears that the incident requires a period of standby in excess of sixty (60) minutes, the engine on scene may request an engine from the responsible jurisdiction to replace the initial responding resource on the incident. 5. SITUATIONS NOT COVERED IN THIS AGREEMENT: erations can be dynamic, not all situations may have been anticipated in this agreement. Since incident response and op an Officers) shall take the most Agencies agree that in situationterest of the public,lbas d upon t en- available. nformation. Additionally, the appropriate action in the best Company Officer(s) shall report the incident and actions to his/her supervisor for guidance in future similar incidents. (. IN CIDENT_COMWAND SYSTEM: spond to an Emergency Incident, the first arriving engine shall implement the When two (2) or more engines re Incident Command System. of the Emergency The first arriving BC, regardless of jurisdiction, may assume commanresponsibility dent ocurs. Therefore, the BC of Incident, however, rests with the Agency in whose jurisdiction the Emergency the Agency in which the Emergency Incident occurs may assume command upon his/her arrival. The Incident Commander shall have the authority to request additional resources, including the activation of the Santa Clara County Fire Mutual Aid Plan. 7, FIRE INVESTIGATION: investigation beyond engine company level shall be the responsibility of the Agency in whose jurisdiction the Fire scene $ Emergency Incident occurs. The Incident Commander shall notify lso re uest an invest gator from the assisting tAgenyy or need for a fire scene investigator. The responsible Agency can a q the Santa Clara County Arson Task Force, if needed. g. INCIDENT REPORTS: A. Sin leEn ine Res onses - Non -Fire Incident Officers shall complete their Agency specific incident report(s), up to and including, EMS Patient Engine Company Care Reports, with reference to the incident number of the Agency that was assisted. B se -Fire Incident report form and forward it to the Agency in whose Engine Company Officers shall complete a draft incident jurisdiction the Emergency Incident occurred, maintaining a copy for the Engine Company's Agency use. C. Multiple Auency Response The A ency in whose jurisdiction the Emergency Incident occurs shall be responsible for completing all appropriate g incident reports. g. ALTERNATIVE BATTALION COVERAGE In the event that the primary responding BC(s)are not available for response into one (1) of the other jurisdictions, the in whose jurisdiction the Emergency Incident occurs shall dispatch its closest available BC or process a Mutual Agency J 4 Aid Request for a BC. In those instances when both BCs are experiencing multiple emergency calls, the BC and the ECC and Dispatch shall coordinate to provide appropriate BC coverage. Each Agency shall provide relief coverage with mutually agreed upon qualifications as defined by the respective Fire Chiefs. For the purposes of this Agreement, "Primary Responding BCs are those BCs designated daily, as opposed to on or off duty jurisdictional BC use or function. 10. COMMUNICATIONS PLAN: ECG or Dispatch, depending on where the Emergency Incident occurs, shall be responsible for maintaining communications control over all responding apparatus and BCs. The Communications Procedures are attached in Appendices A.l and A.2, hereby incorporated by this reference. Responding BCs shall coordinate communications through the ECC or Dispatch, depending on the Agency having jurisdiction. In the event of a Dispatch communication failure, ECC will provide command and control services until Dispatch's system is restored. 11. KNOX BOX KEYS: Knox Box keys from each Agency shall be provided to the participating BCs and to each Agency apparatus, as needed. Each Agency shall ensure security of Knox Box keys provided. , An audit of all Knox Box keys for all Agencies shall be performed annually in January, coordinated by the Agencies' Operation Chiefs. Notwithstanding the foregoing, if a key is found to be missing, an additional audit shall be conducted. Each Agency shall advise the others of the need for additional Knox Box keys. 12. RESPONSE MAPS AND OPERATIONAL INFORMATION: Each Agency shall provide the other Agencies with all appropriate response maps or other similar response materials to facilitate efficient response and command and control functions. Any Response and Operational binder updates will be provided by the Agency providing the binder, as soon as practicable after the update is made. In the event of Emergency Operations Center activation, the Agencies agree to provide overhead support, to the extent feasible. 13. INTER- JURISDICTIONAL TRAINING: BCs shall endeavor to attend training in the other Agencies for the purpose of operational familiarization and coordination. Multi- Company . drills shall be scheduled and conducted regularly and with enough frequency to ensure consistent training is delivered to the majority of employees of each Agency. Night drills shall be scheduled frequently enough to meet the needs of the participating Agencies. 14. PROBLEM SOLVING: Whenever a problem or misunderstanding arises at the Company Level, Company Officers are encouraged to meet and discuss the situation with the intent of resolving the problem. In the event that resolution cannot be reached, the Company Officers shall meet with his/her respective Chief Officer. 15. AGREED UPON MINIMUM SERVICE OBJECTIVES: These parameters are based on factors including but not limited to totality of call volume, geographical area of coverage needs and response travel distances, simultaneous incident response coverage, and coverage gap probabilities. 1. Two (2) BCs on duty 24/7, available for immediate response, for the South County Region, defined herein as the jurisdictional boundaries of the District, Morgan Hill, and Gilroy as such are on file with the Local Agency Formation Commission of Santa Clara County, as may be amended from time to time. 2. One (1) BC to be at the scene of Emergency Incident notification within fifteen (15) minutes ninety percent (90 %) of the time. 3. The second BC to arrive at the first Emergency Incident or to a new Emergency Incident within . fifteen (15) minutes of Emergency Incident notification ninety percent (90 %) of the time. 16. COMPENSATION: To the extent that compensation, including but not limited to statutory cost recovery, is available from third parties as a result of a response to an Emergency Incident under this Agreement, the Agencies shall cooperatively pursue such compensation and allocate any recovery pro rata in accordance with the cost incurred by each Agency in providing response to the Emergency Incident. To compensate for the variance in reciprocal response from the District to Gilroy, the District agrees to provide twenty -five (25) days of BC coverage to Gilroy. Said days will be negotiated between the schedulers of each Agency and documented on an annual basis, using the calendar year. 17. WORKERS' COMPENSATION Each Agency shall bear its own exposure for Workers' Compensation for its own personnel. 18. LIABILITY: Nothing in the provisions of this Agreement is intended to affect the legal liability of any Agency to this Agreement by imposing any standard of care different from the standard of care imposed by law. 19. INDEMNIFICATION: In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Agencies pursuant to Government Code Section 895.6, the Agencies agree that all losses or liabilities incurred by an Agency shall not be shared pro rata but instead the pursuant to Government Code Section 895.4, each of the Agencies hereto shall fully indemnify and hold each of the other Agencies, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Agency, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Agency under the Agreement. No Agency, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of another hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Agencies under this Agreement. 20. AGREEMENT NOT FOR BENEFIT OF THIRD-PARTIES: This Agreement shall not be construed as, or deemed to be, an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Agency hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property, which are situated within the respective jurisdictions of the Agencies. 21. INDEPENDENT CONTRACTOR: None of the provisions of this Agreement is intended to create, nor shall be deemed or construed to create, any relationship between the Agencies other than that of independent agencies contracting with each other for the purpose of effecting the provisions of this Agreement. The Agencies are not, and will not be construed to be, in a relationship of joint venture, partnership, or employer- employee. 22. NONDISCRIMINATION: The Agencies shall comply with all applicable Federal, State, and local laws and regulations concerning nondiscrimination and equal opportunity in contracting. Such laws include, but are not limited to, the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 et seq.); California Code of Regulations, Title II, Division 4, Chapter 5; and California Labor Code Sections 1101 and 1102. Agencies shall not discriminate against any subcontractor, employee, applicant or any person for employment or in the provision of services. because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. 23. TERM: This _Agreement shall commence upon execution by all Agencies and shall continue in full force and effect unless terminated as provided herein. 7 This Agreement may be. terminated upon written notice of termination given to the other Agencies at least ninety (90) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated in Section 24. 24. NOTICES: All notices of the Agencies shall be in writing and shall be addressed to the primary contact for each Agency as set forth below: AGENCY CONTACT Gilroy Fire Dept. (GIL) Fire Chief, 7351 Rosanna Street Gilroy, CA 95020 South Santa Clara County Fire District (SCC) Fire Chief 15670 Monterey Road Morgan Hill, CA 95037 Morgan Hill Fire Department (MRG) Fire Chief 17575 Peak Avenue Morgan Hill, CA 95037 25. AMENDMENTS TO AGREEMENT: Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of all the Agencies. Notwithstanding the foregoing, the Fire Chiefs of the Agencies shall have the authority to mutually add, delete, or amend the "Operational Procedures" as well as the Service Area Appendices. Any such amendment shall be mutually agreed upon and require the written consent of the Fire Chiefs of the Agencies or their designees. 26. ENTIRE AGREEMENT: This document embodies the entire Agreement between the Agencies with respect to the subject matter hereof. 27. ASSIGNMENT: None of the Agencies shall assign obligations under this Agreement without prior written consent of the other Agencies. 28. AGREEMENT REVIEW: The Agencies to this Agreement shall meet at least once annually to review, update, and modify this Agreement, as may be required. SIGNATURES ON THE FOLLOWING PAGE CITY OF GILROY L Gabriel A. Gonzalez Date City Administrator ,,::?2 Ao Alan Anderson Fire Chief Approved as to Form: City Attorney ttest: Shawna Freels City Clerk Date Date CIT O RGAN HILL Steve Ry er a City Manager Attest: _ ' A--- tb IV ,.,� j"V. Michelle Wilson Date Deputy City Clerk Approved as to Form: �� ✓ Donald Larkin Date City Attorney h . ,6k tw SOUTH SANTA CLARA COUNTY FIRE DISTRICT - DEC 0 6 201E Dave Cortese Date President Board of Directors Derek J. Witmer Date Fire Chief to Farm and Legality: Date County Counsel AT'ESTT.;' -- MEGAN DO WE CLERK OF THE BOARD OF SUPERVISORS 9 APPENDIX A.1 SCC Communications Plans South Santa Clara County Fire (SCC) PROCEDURE NO. 031 Subject: South County Battalion Chief Sharing Approved: Action: Date: 02/02/2010 As South Santa Clara County has entered into an Agreement with the fire agencies in South Santa Clara County to operationally share battalion Chief coverage; the following procedure will cover the procedures to be processed by the ECC. Battalion Chiefs (BCs) will advise the ECC that they are on duty. 2. ECC will ensure that the Gilroy Fire Communications Center is advised of which resource will have the coverage prior to 0730. 3. ECC will ensure the proper resource status is in CAD. 4. ECC will roster the battalion resources in CAD. 5. ECC will follow existing notification procedures & communicate to both Battalion Chiefs regarding south county resources and incident status. 6. ECC will dispatch both BCs in CAD to any multiple resource responses in any jurisdiction. 7. Both BCs will be dispatched and voiced out for any multiple resource response in the South Santa Clara County Fire District and Morgan Hill Fire Department as per the approved response plans. 8. Any conflicts are to be resolved, if possible, at the lowest level possible and the ECC chief will be advised. 10 APPENDIX A.2 GIL Communications Plan 9 -1 -1 Communications Unit t Procedure Bulletin Vol. No. 13 son: Dispatch 5bction. Date: Originator. Authoriasd: Date: South County Battalion Chief Coverage PURPOSE: This update to the Agreement remains a guideline for dispatchers to follow when a Fire Battalion Chief response is needed in the City of Gilroy, City of Morgan Hill, or the San Martin/South County area pursuant to the Shared Battalion Chief Program implemented on April 1, 2010. The City of Morgan Hill has contracted with Cal Fire to reinstate the Morgan Hill Fire Department, which has replaced the Santa Clara County Fire Department in providing fire services to Morgan Hill and as part of this Agreement as of January 3, 2013. POLICY• Beginning January 3, 2013, the Gilroy Fire Department ( "GIL "), Morgan Hill Fire Department ( "MRG "), and South Santa Clara County Fire Protection District ( "SCC ") will continue the Agreement to share Battalion Chief response coverage in the South County. This arrangement is effectively a Boundary Drop and Operational Agreement and requesting a single Battalion Chief from Morgan Hill ECC (which encompasses CAL FIRE - SCU/MRG /SCC) will require only a phone call to the ECC rather than use of the REDNET. County -wide terminologv note: On Duty Battalion Chief — Responsible for battalion or field level response and coordination. In MRG and SCC, this function is provided by their Battalion Chiefs and in GIL by their Division Chiefs with the Battalion 47 identifier. When a BC (or GIL DC) is unavailable, another BC will be covering or providing battalion coverage. The Duty Chief — In Santa Clara County fire service terminology, this is generally a higher ranking chief officer than a Battalion Chief who is called for higher level, county-wide or policy matters. For CAL FIRE/MRG /SCC the Duty Chief is generally one of their Division Chiefs. For GIL, the Fire Chief is designated as the Duty Chief, unless delegated to a Division Chief or the Chief with the Battalion Chief Coverage due to unavailability. For example: GIL B47 may be designated to act as the Duty Chief in the Fire Chiefs absence. PROCEDURE: Resources and Coverage: Each agency will provide one (1) Battalion Chief to respond as the closest BC to all incident types requiring a Chief Officer, regardless of jurisdiction or nature. There will be a minimum of two (2) Battalion Chiefs on duty each day in the South County region. At least one (1) on duty BC will always be from CAL FIRE (SCU, MRG and or SCC), and one (1) on duty BC from Gilroy Fire (GIL), unless the GIL BC is off on leave and covered by a CAL FIRE BC. Unit radio identifiers by agency: Primary BC Unit Radio Identifiers by Agency: Gilroy Fire (GIL) • B47 Cal Fire (SCU, MRG, SCC) • B57, B67, B70, B1 605, B1609, B1611, B1612, B1613, B1614, B1615, B1618 Gilroy Fire may provide support BC coverage with Radio Identifiers • C2, C3, C4, C5 CAD Unit Identifiers and Dispatch Procedures: On duty BCs will remain logged on with the proper status at all times. Each morning at approximately 0730 hrs., the two (2) Battalion Chiefs responsible for South County Coverage will call Morgan Hill ECC and log on. The Morgan Hill Emergency Command Center (Morgan Hill ECC), servicing both MRG and SCC, will then call Gilroy Fire Communications to advise who has the duty in South County. In addition to the unit identifiers, the badge numbers for all Morgan Hill Fire and South County Battalion Chiefs have been added to CAD as valid resources because they will identify themselves on the radio with their agency and Unit ID. For example: If the on duty Battalion Chief is SCC B70, s/he will identify her/himself as `Battalion 70" when on the radio and the dispatcher will status change the unit identifier to "B70." If the on duty Battalion Chief is MRG B57, s/he will identify her/himself as `Battalion 57" on the radio and the dispatcher will status change the unit to "B57." • It should be noted that all CAL FIRE BCs will be statused the same way o That they may be assigned to SCU, MRG, or SCC on a given day is irrelevant since they are essentially the same organization (CAL FIRE) for operational purposes. 12 Upon recommendation for a Battalion Chief on a Gilroy Fire event the GIL dispatcher shall: ® Dispatch the appropriate GIL Fire units a Dispatch the on duty BC to the event o Call Morgan Hill ECC to request a Battalion Chief The intent of BC sharing is to keep the process the same as any Auto. Aid or Mutual Aid request where the dispatcher calls the agency and asks for the type and resource needed. Therefore, the follow -up phone call will be for requesting a Battalion Chief and the Morgan Hill ECC dispatcher will advise whether one is available and if so which one is responding. The BC responding to the call will come on the requesting jurisdictions radio frequency and advise that s/he is responding and where they are responding from. All of this information will be logged on the CAD event. Upon receiving a request for a Gilroy Fire BC from the Morgan JUH ECC the dispatcher shall: • Determine whether a Gilroy Fire BC is available o If available, create an AUTOA or MUTAID event • Dispatch the on duty BC and provide the channel assignment. Battalion Chief Status Keening: After it is determined which two BCs will be covering the South County region on any given day, it is imperative that their status is kept up to date at all times with any changes in status being accurately documented in CAD. In the event that both BCs covering South County are committed to a single event and/or multiple events and another event comes into the Gilroy Communication Center requiring a BC response, the dispatcher will check to see if a Gilroy Fire BC is available to respond. If a Gilroy Fire BC is not available, the dispatcher will call the Morgan Hill ECC for a BC on a mutual aid response and will log the appropriate BC responding to the event. Elapsed Incident Time Broadcast and Notifications: To assist the BCs in ensuring that there is adequate coverage and that move -ups are done in a timely manner, BCs will be advised when a unit has been on a call for thirty (30) minutes. On specific calls, BCs (or ICs) will request the ECC or Comm. Center to start a timer. The ECC or Comm. Center will notify the IC of elapsed time in ten (10) minute increments. Ten (10), twenty (20), thirty (30), etc. minute marks during Immediately Dangerous to Life and Health (IDLH) events. The BC or IC will acknowledge each time increment and will announce "stop timer" when the IDLH atmosphere has been mitigated. The on duty BC covering GIL will be notified of the following: e Any rescue, auto - extrication, bomb threat, or similar. e When a paramedic is accompanying a patient in an ambulance to an out of area hospital. 13 • When GIL Fire Ambulance (Medic 47) is transporting a patient. • When a fire apparatus is put out of service for mechanical or similar reasons. o It is the responsibility of the agency whose equipment is out of service to coordinate a replacement and to coordinate the repair of the equipment. • Other information deemed appropriate by the dispatcher based on the notification intent. The intent of this section is to provide the BC with timely and appropriate information for potential decisions, call -back, or adjustments to the operation. 14 Appendix A.3 Morgan Hill Standard Response Plan 15 Large (Commercial) -� © - -_ LTITP ma - - -� © - -_ Mm on - -_ - - -_ 15 Appendix A.4 South County Fire District Standard Response Plan Incident TVDe DC BC ENG -T1 ENG -T3 TRUCK SFTYI VOL Ire MINIM W-1 Ire • Appendix A.5 Gilroy Fire Standard Response Plan Incident Type BC MEDIC ENG -T1 ENG -T3 ENG -T6 TRUCK OVERHEAD FIRES: Alarm Sounding Residential 1 Multifamily 1 4 Shared BC Commercial 1 Hospital/Care 1 4 Shared BC Structure Residential 1 4 Shared BC Commercial/ Multifamil 1 4 Shared BC Vegetation Out of Season 1 In Season 1 3 1 or 1 Shared BC Vehicle Small car, truck 1 Large (Commercial ) 1 2 Freeway 1 2 Aircraft 1 4 Shared BC Train Fire/ Derailment 1 4 Shared BC Refuse, etc 1 EMS: Life Threat 1 Known CPR 2 Water Rescue 1 2 Shared BC Vehicle Accident city 2 Highway, Rescue 1 2 HAZ -MAT: Minor Spill/Leak 1 Maior Threat to Life & 1 4 Shared BC PSA: 1 BOMB THREAT: 1 1 17