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HomeMy WebLinkAbout10/16/2001, C3 - CONTRACT EMERGENCY RESPONSE SERVICES WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY (CAL POLY) council "°a nof j acEnaa RepoRt CITY OF SAN LUIS OBISPO FROM: Robert F. Neumann, Fire Chief Viv R. Dilts,Management Assistant SUBJECT: CONTRACT EMERGENCY RESPONSE SERVICES WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY(CAL POLY) CAO RECOMMENDATION Approve a five-year contract with Califomia Polytechnic State University (Cal Poly) for emergency response services to the University and authorize the Mayor to execute the contract. DISCUSSION Background The City and Cal Poly have a long history of sharing fire-protection services. Approximately 15 years ago, the City and the University entered into an "Agreement for Day-To-Day Mutual Aid" for both automatic- and mutual-aid fire protection. Over the years each party to the agreement enjoyed the support of the other in many specific incidents. In November of 1992, due to budget restraints, the University was forced to terminate this Automatic Aid Agreement. In 1993,the University disbanded its Fire Department and contracted with the City to provide fire related emergency services for a period of three years. In 1996, the original contract was revised slightly and renewed for an additional five years set to expire July of 2001. Due to scheduling conflicts and workload impacts, City and University staff were unable to complete a new agreement by July of 2001. Therefore, on August 3, 2001, Council approved an extension of the existing agreement until December 31, 2001. Current Situation Since the original contract was developed in 1993, many conditions,both within the City and on the campus have changed. Staff decided it was an opportune time to evaluate the effectiveness of delivering emergency response services to the campus. The City and the University have been in negotiations since April. Due to scheduling conflicts and workload impacts,both parties were unable to complete the agreement until just recently. Contract Modifications The new contract is modified from the original as follows- 1. Emergency Medical Dispatch (EMD)/High Priority Medical Calls The original contract did not provide for emergency medical service to the campus. Approximately two years ago, the City instituted an Emergency Medical Dispatch (EMD) C3 Council Agenda Report—California Polytechnic State University Contract Page 2 Program. The University has recently adopted a similar program in their dispatch center. At its February 6, 2001 meeting, the City Council approved a request to pilot a test program that allowed the Department to respond to certain types of medical calls on the campus known as high priority. This program allows the Communication Technician to determine the priority of a medical emergency. High priority medical calls meet certain life-threatening criteria as outlined in the EMD program. They include: heart attack, difficulty breathing and severe trauma and will wan-ant a Fire Department response. Low priority emergencies consist of sprained ankles, minor cuts, etc. and will not be responded to. This program has proven to be quite manageable for the Fire Department and staff is recommending that this provision be included in the new contract. 2. Performanced Base The Fire Department completed call statistics for the past five years. Total numbers of calls are: 1996 22 1998 51 1997 48 1999 62 2000 48 A more thorough analysis of the incidents reveals that a majority of these were for"nuisance calls". In an effort to reduce these calls, a number of operational issues are outlined in the new contract. Staff believes the additional medical call responses will be offset by the reduction of nuisance calls. Both the City and the University agree that 75 responses appear to be a reasonable number of calls. Any calls in excess of 75 shall be compensated as follows: Calls Fee Per Response 0 - 75 Included in the contract price 76 - 85 $3,500 per response(based on Fire Department's annual budget) 86+ Renegotiate the contract 3. Consumer Price Index (CPI) Cap The previous contract set a CPI cap of 2% and if it exceeded 2.5%, both parties would have to renegotiate the contract. Two out of the five contract years the CPI was over the 2% cap. The new contract establishes a more reasonable cap at 8%. It is unlikely with the CPI at this percentage that the parties would have to negotiate a new rate. Additionally, the contract will be based on City average as published by the U.S. Department of Labor, Bureau of Labor Statistics (index), which is published in December prior to July instead of in March as was designated in the original contract. 4. Payment The contract will be paid quarterly(in advance)rather than annually. C3-Z O Council Agenda Report—California Polytechnic State University Contract Page 3 5. Length of the Contract The University personnel have expressed a desire for a long-term commitment for the fire suppression and EMS related issues with the City. As such, the length of the contract is five years with an option of an additional five years with options of two single year extensions. FISCAL IMPACT The agreement is considerably higher than the previous negotiated contract. With the existing contract Cal Poly would be invoiced for approximately $112,000 with a $5,000 credit physical fitness testing for a total amount of $117,000. The new contract establishes the initial rate at $133,000 and no longer includes a component for physical fitness testing, which will be contracted independently. Additionally, if the calls exceed 75, the City will be reimbursed $3,500 per call. CONCURRENCE Finance Department has been involved in negotiations and concurs with this proposal. ATTACHMENTS ■ Proposed Agreement e3-3 � :O O AGREEMENT FOR FIRE RELATED EMERGENCY SERVICES BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is entered into this day of , 2001, by and between California Polytechnic State University, San Luis Obispo, California(hereafter referred to as "University") and the City of San Luis Obispo (hereafter referred to as "City"). WITNESSF,TH- WHEREAS, the University is desirous of contracting with the City to provide personnel, equipment, materials, and supervision required to respond to structure and incident fires, rescue emergencies, disaster response, and other agreed upon incidents on the main campus of the University, and WHEREAS, the San Luis Obispo City Council has authorized staff to negotiate the terms of an agreement to provide such services to the University. WHEREAS, the interests of the City and the University would be served by entering into this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services Cnm�nnents, The City agrees to provide personnel, equipment, materials, and supervision required to respond to structure and incident fires, rescue emergencies, disaster response, and other agreed upon incidents in the Service Area, which is the main campus of the University. The specific services shall be more thoroughly outlined as follows: Attachment A - Services Performed Attachment B - Scope of Service Attachment C - Map of Service Area Attachment D - Excess Response Compensation All services shall be provided in compliance with applicable federal and state laws and regulations, or in the absence of such laws or regulations, in compliance with recognized performance standards for similar services. The City shall respond, within.its capacity,to provide services upon being notified by the University. Nothing in this Agreement shall be construed to waive, limit, or impair any defenses or immunities available to the parties by statute, at law or in equity, or otherwise in the performance of fire protection and emergency services activities. 10/3/01 1 C3 -7 2. Difference in Conditions The University and City recognize differences in design, building and fire code application in the city and on the campus. California State Fire Marshall has jurisdiction over State property and is responsible for the compliance of facilities and operations with applicable fire and safety codes as well fire safety design of facilities and supporting infrastructure. The City of San Luis Obispo fire and emergency response resources have been designed to operate within the city. Operations on the campus may be at a disadvantage when conditions such as but not limited to accessibility, fire flows, hydrant locations, fixed fire protection systems, and alarms systems are different than conditions within the City of San Luis Obispo. 3. Administration. a. Contact Personnel. The City designates the Fire Chief or his/her designee as a single point of contact for coordination of service to the University. The University designates the Risk Manager or his/herdesignee as a single point of contact for the coordination of services from the City. b, Unified Command. In general, emergency operations on the University campus shall be conducted through unified command between the City and the University. C. Cooperatinn. To facilitate the performance of the services components (1(a) through 1(g) above), it is hereby agreed that the City and University shall fully cooperate with each other, including but not limited to the following: (1) The University will cooperate with the City in assisting with the training of City personnel for familiarization of,,and access to, all facilities of the University. (2) University employees, equipment, and supplies (such as trade persons, police, hazardous materials technicians, heavy equipment, etc.) shall be available for assistance to the City in mitigating emergencies. (3) City personnel shall, upon identification of a.life safety and/or fire hazard within the service area, notify the designated University contact and/or University Police Watch Commander. The City's Battalion Chief shall maintain close contact with the University when the City is operating(emergency or non-emergency) on campus. (4) The University will make every effort to notify City Dispatch(781-7312) of changes in the following areas: access points, road conditions and closures (major thoroughfares only), new buildings or changes in building use, major events and significant changes in hazardous materials storage or use as soon as possible and will confirm in writing. (5) The City will continue to advise and assist the University with issues, such as fire prevention, water system, and hydrant maintenance. The City, when requested by the University, will act as a Technical Specialist on hazardous materials and fire prevention concerns. 10/3/01 2 i �3-S d. Personnel Ststns. While involved in the.execution of this Agreement,regularly employed personnel of the City and the University shall remain employees of their respective agencies, and shall remain subject to the rules and regulations of their own agency in all matters of employment, including but not limited to benefits, medical and life insurance, and worker's compensation insurance. 4. C'nmmnensation, Total amount payable under this agreement, for the first year, shall be $133,000 for the period beginning July 1, 2001 through June 30, 2002, payable by quarter in advance. Payment is due to the City of San Luis Obispo for all services provided for successive years shall be subject to adjustment, utilizing the following formula: The base for computing the adjustment is the Consumer Price Index, All Urban Consumers (CPI- U)U. S. city average as published by the U.S. Department of Labor, Bureau of Labor Statistics (index) which is published for December prior to July of each contract year with a maximum cap of 8%per year over the term of the agreement. In addition, the University will pay City at the end of each contract year for additional responses as defined in'Attachment D, upon invoice. 5. Term It is the desire of the University to form a long-term relationship with the City for fire related emergencies. The term for this agreement shall be five years, commencing July 1, 2001, with option of additional five-year renewal with option of two single year extensions. Prior to the expiration of this contract, the parties agree to meet and discuss renewal of this Agreement, if not sooner terminated as provided herein. 6. Reports The City will provide a copy of all reports dealing with emergency response to the campus. The City will provide quarterly report of services provided to the University. 7. Termination. Either party, upon the giving of six (6)months advance written notice,may terminate this agreement. $. indemnification. City shall defend, indemnify, hold harmless and protect the State of California, the Trustees of the California State University, California Polytechnic State University, San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents, and volunteers (the "University") from and against any and all cost, damage, expense, liability, loss (including without limitation to costs and fees of litigation) of every nature arising out of or in connection with City's (including any sub[provider], anyone directly or indirectly employed by anyone for whose acts any of them may be 10/3/01 3 �3'�0 C liable) performance of work hereunder or failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the University. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party by imposing any standard of care respecting emergency services different from the standard of care imposed by law. It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the University under or in connection with any work, authority or jurisdiction delegated to the University under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, University shall defend, indemnify and save harmless the City, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the University under or in connection with any work, authority or jurisdiction delegated to the University under this Agreement except as otherwise provided by statute. Pursuant to Government Code Section 895.4, University shall defend, indemnify,hold harmless and protect the City, and its officers, employees, representatives, agents and volunteers from and against any and all cost; damage, expense, liability, loss (including without limitation to costs and fees of litigation) of every nature arising out of or in connection with University's performance of work hereunder or failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Tnsnranep City shall provide financing for losses related to the performance of this contract to support the City's obligation to defend, indemnify; and protect the University from losses including claims for bodily injuries,personal injury,property damage and/or contractual liability which may arise from or in connection with the products, performance of the work, and/or completed operations of the work hereunder by or for the City. City's financing for losses related to the performance of this contract shall be primary to any financing of losses related to the City's performance of this contract by the State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents, and volunteers, the "University". City agrees to look solely to its loss financing for recovery in the event of any losses for which the City is held liable. City agrees that any loss financing maintained by the University shall be excess and shall not contribute to City's loss financing. City shall at its expense purchase and maintain in full force and effect insurance coverage as required by this section. 10/3/01 4 C3 -7 City's obligations to obtain and maintain all required insurance are non-delegable duties under this contract. City provided insurance shall be primary to any insurance of the State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents, and volunteers, the "University". If excess, the insurance shall stand in an unbroken chain of coverage excess of the City's scheduled underlying primary coverage. In either event, any other insurance maintained by the University shall be excess of the City's insurance and shall not be called upon to contribute with it. Insurance is to be placed with insurer(s) authorized to issue such insurance in the State of California with current A.M. Best's rating of no less than ANN. City shall submit to the University, certificates of insurance, original amendatory endorsements and other documentation as required by this contract. The University shall not by reason of inclusion as additional insured incur liability to the insurance carriers for payment of premiums for such insurance. Required insurance and/or its successor policy must be in effect for the duration of the project or lease and for extended reporting period(s) as required by this contract. Insurance policy renewal documentation(endorsement and policy) shall be received by the University a minimum of ten(10) working days in advance of the expiration date shown on the current policy. Failure of the City to maintain or renew coverage or to provide evidence of renewal or successor policy maybe treated by the University as a material breach of contract. If the University is damaged by the failure of the City to provide or maintain the required insurance, the City shall pay the University for all such damages. The University reserves the right to review and approve of insurance provided by the City. Approval of City provided insurance shall not limit the extent to which the City may be held responsible for payment for losses including claims for bodily injury, personal injury,property damage and/or contractual liability which may arise from or in connection with the products,performance of the work, and/or completed operations of the work hereunder by or for the City. The University reserves the right to approve of any deductible/self insured retention (SIR). Any deductible or self insured retention(SIR) under any policy of insurance required shall be City's liability. 10/3/01 5 At the discretion of the University, City shall submit proof of ability to fund deductible/SIR and/or City shall reduce or eliminate such deductibles or self insured retentions that may apply to the University. City hereby grants to University, on behalf of any Insurer providing coverage to City, subcontractor and/or University with respect to the work hereunder, a waiver of any right to subrogation which any such Insurer of said City and/or subcontractor may acquire against the University by virtue of the payment of any loss under such coverage. City shall ensure that its subcontractors are covered by insurance in the amount and type required by this article. City shall include all subcontractors as insureds under its policies or shall require separate certificates and endorsements for each subcontractor. Acceptance and review of subcontractor insurance documents is the responsibility of the City. City shall supply the University with a list of all subcontractors showing whether they have individual insurance polices or are covered by the City's insurance. City shall certify that subcontractors are either covered by City's insurance or that Subcontractor's individual insurance meets the requirements of this article. Any deficiencies in compliance with the requirements of this article found in any subcontractor insurance shall be covered by the City's financing for losses. Contract shall not be executed and no work shall commence until City has obtained all insurance required and provided the required documentation that the insurance is in effect and the University has approved such insurance. No subcontractors shall commence work on its subcontract until the insurance required of the Subcontractor has been obtained and proof of insurance is accepted by the University, The University reserves the right to require complete, certified copies of all insurance policies, including endorsements effecting the coverage specified. The University reserves the right to modify these specifications for the benefit of the University. In the event the City does not comply with these insurance requirements, the University may, at its option,provide insurance coverage to protect the University. The cost of the insurance shall be paid by the City and, if prompt payment is not received, may be deducted from contract sums otherwise due the City. Required coverage shall not extend to any indemnity coverage for the active negligence of the University in any case where an agreement to indemnify the University insured would be solely invalid under Subdivision (b) of Section 2782 of the Civil Code for construction contracts. (construction 10/3/01 6 C3 -9 contracts with public agencies) Forms University provided form are preferred. Alternate documents submitted must comply with all requirements, providing equivalent or better coverage as specified in this article. All insurance certificates, endorsements,policies and claim forms required shall be submitted to: California Polytechnic State University San Luis Obispo, CA 93407 Attn: Contract and Procurement Services Certificates City shall fiunish University with original certificates evidencing required coverage. Certificates shall include the following: Name and Address of Agent/Broker Named and Address of Insured Name of insurance company issuing each policy A.M. Best's Rating and Financial Size for each company Type of Insurance Comprehensive or Commercial General Liability Claims Made or Occurrence Business Automobile Liability Categories of autos covered and any additional coverage Workers Compensation &Employer Liability Partners, proprietor, executive ex/included Excess or Umbrella Liability Policy Number Policy Period(start and end date) Limits (Occurrence, Claim, Accident, Event, Injury, Disease, Aggregate) Deductibles/ Self Insured Retention Description and Location of Operations and/or Property Covered Agreement or Contract Number Identification of interest(s) in property Certificates shall state: "The State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents, and volunteers, the"University" are designated as Additional Insured. The Insurers named above agree that the insurance described above shall be primary as respects the University, or if excess shall stand in an unbroken chain of coverage excess of the City's underlying 10/3/01 7 C3/O primary coverage. In either event, any other insurance maintained by the University shall be excess of this insurance and shall not be called upon to contribute with it. The Insurers named above waive any right of recovery the Insurers may have against the University when the insured has agreed to such waiver in writing prior to loss. "Coverage described herein shall not be modified, changed or cancelled without thirty (30)days advance written notice or cancelled for non payment without ten(10) days' advance written notice to the University." Certificate Holder: California.Polytechnic State University San Luis Obispo, CA 93407 Attn: Contract and Procurement Services" Certificates shall be signed by an authorized representative of the insurer and indicate date of issue. Endorsements City shall furnish original amendatory endorsements as required by the insurance specifications in this article. In general, all endorsements shall include the following: Name of Insurer Policy Number Endorsement Number Type of Insurance Modified Schedule (additional insured): ""The State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents, and volunteers, the"University" are designated as Additional Insured. The endorsement shall state: This insurance shall be primary as respects the University, or if excess shall stand in an unbroken chain of coverage excess of the Named Insureds scheduled underlying primary coverage. In either event, any other insurance maintained by the University shall be excess of this insurance and shall not be called upon to contribute with it. The insurance afforded by this policy shall not be cancelled, changed, or modified except after thirty(30) days advance written notice has been given to the University. (10 days' advance written notice for non-payment.) The Insurer named above waives any right of recovery the Insurer may have against the 10/3/01 8 C3-// C University when the Insured has agreed to such waiver in writing prior to loss. Signature of authorized representative Address Form Number, if any Coverage Required Commercial General Liability Coverage The City shall provide the following General Liability coverage: Primary insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the productsandmaterials supplied to the University. Minimum limits- $5 million occurrence, $10 million aggregate Coverage provided shall be at least as broad as: ISO Commercial General Liability, Occurrence Form, CG 00 01. Endorsement shall provide coverage at least as broad as ISO CG 20 10 1185. Endorsement shall designate: The State of California, Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and volunteers, the"University"As Additional Insured. Endorsement shall state this insurance shall be primary as respects the University, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the University scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. Endorsement shall state that Insurer named above waives any right of recovery the Insurer may have against the University when the Insured has agreed to such waiver in writing prior to loss. Endorsement shall state that coverage shall not be cancelled, changed, or modified except after thirty(30) days' advance written notice has been given to the University. (10 days advance written notice for non-payment) Endorsement shall state that coverage shall not extend to any indemnity coverage for the active negligence of the University in any case where an agreement to indemnify the University would be invalid under Subdivision (b) of Section 2782 of the Civil'Code(construction contracts with public agencies). City to submit: University provided certificate and endorsements, or equivalent forms acceptable to the University effecting required coverage. Business Auto (Liability) 10/3/01 9 C'3-12. The City shall provide the following coverage: Primary insurance coverage against claims with respect to liability arising out of automobiles. owned, hired or non-owned by or on behalf of the City. Coverage shall include bodily injury, property damage, contractual liability, and uninsured/underinsured motorist. Minimum.$ 5 million combined single limit At least as broad as ISO Business Auto Coverage Form CA 00 01 (owned, scheduled,non- owned, and hired autos) including coverage for uninsured and underinsured motorists and contractual liability. Endorsement shall,designate: The State of California, Trustees of the California State University, California Polytechnic State University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and volunteers, the"University".. As Additional Insured Endorsement shall state that this insurance shall be primary as respects the University, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the University scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. Endorsement shall state that Insurer named above waives any right of recovery the Insurer may have against the University when the Insured has agreed to such waiver in writing prior to loss. Endorsement shall state that coverage shall not be cancelled, changed, or modified except after thirty(30) days' advance written notice has been given to the University. (10 days advance written notice for non-payment) City to submit: University provided certificate and endorsement or equivalent forms acceptable to the University effecting required coverage. Workers Compensation and Employer's Liability Coverage The City shall provide the following coverage: " Primary insurance coverage against claims with respect to obligations imposed on the City and subcontractor's by State workers compensation statutes and damages that the City becomes legally obligated to pay because of bodily injury by accident or disease to an employee. Minimum limits: amount proscribed by California law for Workers Compensation, $1,000,000 10/3/01 10 C.342 C for Employer's Liability. Endorsement shall state that Insurer named above waives any right of recovery the Insurer may have against the University when the Insured has agreed to such waiver in writing prior to loss. Endorsement shall state that coverage shall not be cancelled, changed, or modified except after thirty(30) days' advance written notice has been given to the University. (10 days advance written notice for non-payment) City to submit: University provided certificate and endorsement or equivalent forms acceptable to the University effecting required coverage. 10. Priorities The University recognizes there will be priorities that will dictate the City's capabilities. Subsequent to prioritizing emergencies based on life safety, the City will deliver available resources to assist the University in its mitigation efforts. If additional emergency response resources are needed, they will be accessed through the Mutual Aid system already in place. 11. Notices. Any notice required to be given pursuant to the terns and provisions hereof shall be in writing and shall be sent by certified or registered mail to the University at: City at: Joseph C. Risser Robert F. Neumann Risk Manager Fire Chief California Polytechnic State University San Luis Obispo City Fire Department San Luis Obispo, CA 93407 2160 Santa Barbara Ave. San Luis Obispo, CA 93401-5240 12. Agreement Contains all 1Jnderstnndinggss. This document represents the entire and integrated Agreement between the City and the University, and supersedes all prior negotiations, representations, or Agreements, either written or oral. The Agreement may be amended only by written instrument, signed by both City and University. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and University have executed this Agreement the day and year first above written. 10/3/01 1 I C3-i� CALIFORNIA POLYTECHNIC STATE UNIVERSITY By: Matthew J. Roberts Director of Contracts and Procurement Services CITY OF SAN LUIS OBISPO By: Allen Settle, Mayor ATTEST: Lee Price, City Clerk APPROVEDA TO FORM: Jeffrey G. Jo nse City Attorney 9/11/01 12 ATTACHMENT A EMERGENCY RESPONSE 1. Fire Suppression City shall provide personnel, equipment, materials, and supervision for suppression of structure and incident fires on the main campus of the University, as available. Fire suppression shall include those universally accepted activities,which bring an unfriendly fire under control and render the property safe from further damage. Fires to be suppressed shall include(but are not limited to): structure, rubbish, trash container, automobile, vegetation adjacent to structure and other such fires which are evaluated from the initial report to be of significance or beyond the capabilities of the University's response. 2. Extrication/Rescue Emergencies City shall provide personnel, materials, equipment and supervision for emergency extrication of students, faculty, staff, guests, and visitors on the main campus of the University, as available. Rescue includes: extrication of trapped persons from vehicles, machinery, cave-ins, collapse of structures, fire, and other significant situations,which may require assistance. The City will provide emergency medical treatment for rescue situations, as it is available. The City's response to elevator problems will be limited to situations where the University has determined that an emergency exists. 3. Fire Alarms The University shall maintain all campus alarm systems. University personnel will evaluate a reporting alarm prior to notifying City dispatch. The City shall respond one engine "Code 3"to water flow alarms in buildings with sprinkler systems. The University will screen all other alarms and will notify the City when confirmation is made that a fire or other emergency is in progress. 4. Pre-Hospital Emergency Care University has established an Emergency Medical dispatch(EMD)program that will determine the priority of a medical emergency and provide pre-arrival instructions to the caller. The City agrees to provide emergency medical support to the university for priority one type calls as outlined in the University's EMD Program. 10/3/01 1 4 5. Hazardous Materials City shall provide trained personnel as indicated by the Code of Federal Regulations 29 "First Responder Capabilities" to the University, as available. It is the intent that the City will share in a joint command of any hazardous materials incidents based on the availability of responding University personnel. Response to the threat of or release of hazardous materials shall include: evacuation of affected area, identification of substances, containment of substances, protective actions for people, environment and property. The University will provide technical support of qualified staff to assist the City with Hazardous Materials response. The City will provide supplies and materials normally associated with first response. The University will arrange for hazardous materials response beyond the capability of the City including the removal and disposal of the hazardous material(s). The City shall act, when required, as the University's representative on the San Luis Obispo County Regional Hazardous Materials Response Team. The University will continue to participate on the team during the term of the agreement. The City and the University will operate a unified command on any hazardous materials emergency that should occur on the campus. 6. Disaster.Preparedness The University has developed and maintains at a high state of readiness, a multi-hazard disaster response plan. Included in this plan is the establishment and operation of a University Emergency Operations Center as well as annexes addressing the roles of operational units of the University. The Fire Department agrees to work cooperatively with the University in following, as resources allow, the University's disaster plans. 7. Unanticipated Calls For Service Special situations not specifically covered in this Agreement may arise that are determined by the University to require resources beyond their capabilities. When those occasions occur, the City may provide, at its sole discretion, resources if available. The University will compensate the City in accordance with the City Council adopted cost of services study, which is annually adjusted by the Consumer Price Index. The following are examples of special situations possibly requiring response: flooding/storm response pipeline ruptures/water control smoke removal animal rescues electrical hazard radiological bomb threats special events/crowd control/civil disturbances menace stand-by fire prevention and other technical assistance 10/3/01 2 �3-/7 i ATTACHMENT R SCOPE OF SERVICE The San Luis Obispo City Fire Department will respond to the University as outlined below. The San Luis Obispo City fire Department agrees that 90%of the time it will initiate response within 60 seconds of the request during day-time hours and 90 seconds at night-time. FIRST ALARM ASSIGNMENT A standard"First Alarm"assignment shall consist of 3 engines Code 3 and 1 Battalion Chief Code 3. As an option, the Battalion Chief may substitute a ladder company for one engine. The use of a move-up company to Fire Station One is required. REDUCED ASSIGNMENT The incident being reported may not require a first alarm assignment and may, therefore, require the dispatcher to send a reduced assignment to the emergency. Anything less than a first alarm assignment is considered to be a reduced assignment. GREATER ALARM ASSIGNMENTS When an Incident Commander determines that the resources at hand may not be sufficient to both alleviate the threat presented and provide adequate coverage to the City, s/he has an obligation to call for additional resources in a timely manner. This is especially critical with"working" incidents on the campus and will typically require moving quickly to greater alarm assignments immediately upon confirmation of"working"incident. To facilitate efficiency in assigning additional resources, this department has established pre-planned greater alarm assignments and procedures. SECOND ALARM ASSIGNMENT A standard"Second Alarm"assignment shall consist of- 1. Notification of the Fire Chief. 2. Call back of all off duty suppression personnel via pager using 911 as the recall page number. 3. Dispatch a University public works representative to the Command Post. 4. Review the next alarm level in anticipation of a request by the I.C. 5. Notify CDF to alert the area coordinator, in anticipation of a request for additional resources (Do not have them respond unless/until their assistance is actually requested by the Incident Commander). 6. Notify San Luis Ambulance Company and request a stand-by ambulance. THIRD ALARM ASSIGNMENT If the emergency on the campus exceeds the capabilities of a second alarm assignment as most working structure fires will do, the Incident Commander shall request a third alarm assignment. The third alarm assignment draws upon the resources of various fire departments throughout the County. Pre-arranged Mutual Aid agreements exist to provide assistance to the requesting agency. The I.C. should consider how quickly s/he needs the additional resources. If the first strike team is 10/3/01 1 C3/� needed immediately,because of their close proximity to the city(e.g. E21, E13,,C.M.C., etc...), they should be requested to respond to the incident's staging area and form up as a strike team upon their arrival. Due to longer travel distances of the second and third strike teams, it is best to request the mutual aid companies as a group and have them respond as a task force or strike team. A task force or strike team will automatically have a task force or strike team leader. Truck companies are always a special request, likewise with any specialized equipment. A standard "Third Alarm" assignment shall consist of: 1. All items inclusive of a"Second Alarm Assignment". 2. Call back of all Fire Department Personnel via pager using 911 as the recall page number. 3. One in-county strike team. 4. All requested mutual aid companies will respond with minimal delay and operate on the specified radio frequency(normally County Net until on scene). SPECIAL CALL ASSIGNMENT Once a First Alarm Assignment has been committed to an emergency, the Incident Commander may request additional companies in the following manner: • Request a Second or Third Alarm Assignment. • Request a"Special-Call-Assignment." Some incidents require specialized apparatus or personnel, either in place of or in addition to a First, Second or Third Alarm assignment. Examples might be the need for aerial apparatus, a Hazardous Materials Response unit or a Mass Casualty Response unit. An Incident Commander requiring such specialized resources will access them through Dispatch. Resources outside of the City will be drawn from the County E.C.C. Once the City Fire Dispatcher receives a request for a special call assignment from the Incident Commander for a non-city resource the following procedure shall be followed: PRINCIPLES OF OPERATION The on-duty Battalion chief should be the only person responsible for reducing an initial assignment prior to our arrival. The first arriving Engine Company Captain may reduce an assignment after their arrival and they have determined it safe to do so. The Fire Chief;Battalion Chief, Captain or Dispatcher may increase an initial response assignment . if there might be a need for additional companies immediately. If the description of the call does not meet the criteria in the response guide and it is not clear as to what should be sent initially, a first alarm assignment should be dispatched immediately. Departure from the standard response assignment is not recommended. When dispatching engine companies the general rule should be: Send the engine company 10/3/01 2 C 3 '�9 i assigned to the district where assistance is needed. If another engine company is closer or the first- due company is delayed, the next closest engine should be sent. If an engine company is only two-person or BLS, the engine company Captain should request an additional ALS company to assist on potential ALS medical emergencies. When a closer in-service company monitors an emergency dispatch directed to another company, the closest engine company captain should notify dispatch and respond appropriately. "Special call out" is defined to mean the dispatcher or Battalion chief will determine who or what is sent to a call based upon need; i.e., a Code 17 Fire Prevention citation may require one or more fire inspectors. RESPONSE LEVELS SPECIFIC TO THE UNIVERSITY CODE TYPF,OF 1NMENT RF.SPONSF.PLAN 8 Fire, unknown type 151 Alarm Assignment 8A Fire Alarm heat, smoke, pull None 8AF Fire Alarm, Water Flow 1 eng. code 3 8F Fire, false alarm (not to be used with fire alarms) After incident# 8H Fire, electrical hazard 151 Alarm . 80 Fire, Refuse/Trash threatening 1st Alarm 8P Fire, vehicle 1 eng. code 3 8R Fire, Refuse/Trash non-threatening 1 eng. code 3 8S Fire, structure 15t Alarm 8W Fire,wildland IS'Alarm 8X Fire,train/railcar 15`Alarm 8Z Fire, aircraft 15t Alarm 12 Emergency, not elsewhere classified Special call out 14 Medical emergency 1 eng. code 3 14B Medical assistance, non-emergency 1 eng. code 2 14T Traffic accident, injuries 1 eng. code 3 48 Natural Gas leak outside 1 eng. code 3 48S Natural Gas leak inside 1 eng. code 3, 1 eng. code 2 53S Smoke check inside 1 eng. code 3, 1 eng. code 2 57 Fire reported out 1 eng. code 2 83 Explosion 15`Alm 84M Hazardous material threatening(State reportable, Major) 1st Alarm 10/3/01 3 e 3-W y i 1 ATTACHMENT C MAP OF SERVICE AREA The area of service of this Agreement is outlined in the USGS map noted below. The area is described as being bounded on the south by the City of San Luis Obispo (Slack Street, Long View Avenue, Via Carta, Foothill Blvd.); bounded on the west by the City of San Luis Obispo (Santa Rosa and Highway 1); out Highway 1 to the Cheda Ranch Complex (included);to the north from the Cheda Ranch complex to the Union Pacific Railroad right-of-way to the Tartaglia Ranch southern boundary, along the base of the foothills to Poly Canyon Road; and bounded on the east so as to include the facilities at the base of the foothills (Poly Canyon Road, Klamath Road,Deer Road and Grand Avenue - including all structures and parking areas). University properties not included in this agreement are outlying structures of the University and wildlands non-contiguous to the main campus of the university. For example: Chorro Creek Ranch, Serrano Ranch, Peterson Ranch and the structures up Poly Canyon. 10/3/01 �'3-2/ � �� _`���^: .•�� Z�6�: ) `1 lr / �f\ �:-'LPA IFIL-- �;�, ' (�S i1 �, � ,e* %i t�s��. / i. •__ !^� nr! 'v g��j \���J\• ?`- --� Jam— \qt��� f /�' \ � �':) 0 t �t+°'l� --�J•^ r.� ��c,l i1��o_ a'� soo ( � �/%��of M--'--�f•""J .. �.�� �! , •`I \.� w no .. ✓; G '=moi° q�jl =_ r �,na L)\� /B� v-� 1� \ \ Y,�J\) \\a1' •J 11�( l✓� ' Ir a( / �( �^u`spa OD i J LLLL �' � � - / ::c. 6_�_ Lam.--______ \♦ "L ,� - -�,\ s .: h a,,;�t ..�.,_•�,�__�__�____� � : `© � � y •Loo ' ..... a• [ ♦ ,4 •�f' 0 R r.`•0 rap r �• ! 00 , •� b�/�-1 \1 /`//��.� .r y ate. `Y t .�', /it� 'i.•�'0�.1` r � �o-R ...,y a fit. J� �/ A 11 � � _ ra�.�o�.. 0.F'!`Y. o`" .� •:: i� 1�,�'. , 1 .r k p\ � � \�v r •Yr �, Q4 �1V� ' / \ _�� ��r�l ll _ f/_ // e ��' �E�/( + -:!-'�. :.•. .. 1 =l? _tc�^. .'r• t_' ,.�4.a i 1� K A v on O L I a I O .b `\-'"✓/,.:' . 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W W 'i� •l OOi J d\ o l od1 Ln nb$J -1�8c' 9� C3-2.3 I 1 ATTACHMENT D EXCESS RESPONSE, AND OTHER COMPE,NSATTONS The University has a responsibility to: ■ Maintain fire protection systems and equipment ■ Staff adequately trained Dispatchers and maintain personnel ■ Correctly maintain the water system ■ Train the faculty, staff, and students in general fire safety issues. Failure of the University to adequately these issues will cause the response volume of the San Luis Obispo Fire Department to increase and has the potential to become problematic to the Fire Department. Therefore,both parties agree upon the following excess response schedule. Excess Response Compensation The City and the University agree that 75 responses to the University are compensated as part of the University's annual contract. Any calls in excess 75 of shall be compensated as follows: Number of Calls Fee Per Response 0 - 75 Included in the contract price 76 - 85 $3,500 per response 86+ Renegotiate the contract Fire Hydrant Maintenance Both parties acknowledge and agree that the hydrant system located on the University campus must be maintained in working order. Failure to do so may cause damage to Fire Department pumpers. It is understood that University will pay for any damage to fire equipment as a result of non-maintained fire hydrants not to exceed $5,000. It is further understood and agreed upon that City shall not be held liable or responsible in any manner for detrimental results occurring on the campus due to hydrant deficiencies. 10/3/01 �3-zy