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HomeMy WebLinkAbout09-18-2018 Item 6 Emergency Services Agreement with Cal Poly Meeting Date: 9/18/2018 FROM: Garret Olson, Fire Chief Prepared By: James Blattler, Administrative Analyst SUBJECT: EMERGENCY SERVICES AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY (CAL POLY) RECOMMENDATION Authorize the Mayor to execute a succession Agreement with California Polytechnic State University (Cal Poly), in a form subject to the approval of the City Attorney, for emergency response services to Cal Poly. DISCUSSION Background The City has a long history of providing fire, rescue, and emergency medical services to Cal Poly. Since 1993, the contract between Cal Poly and the City of San Luis Obispo has been in effect and mutually beneficial. Through the contract, Cal Poly receives a high level of fire and emergency medical response and the City receives comp ensation for services rendered. Current Situation The City and Cal Poly have been in negotiations for the past nine months, collaborating to develop a fee-for-services contract model that anticipates and supports the service level impacts that may result from the projects and initiatives of Cal Poly’s future Master Plan implementation. Due to delays from Cal Poly legal review, the current 2013 -2018 emergency response services contract (Attachment A) was extended through an amendment agreement (Attachment B) until September 30, 2018. This agreement included a static base fee and an annual adjustment to address inflation, which has been the model for several contract periods. Contract Modifications The succession agreement (Attachment C) has an initial ter m of five years and provides a newly developed fee model, which is based on the population of the campus. Rates, as shown in the chart located in the “FISCAL IMPACT” section, will be dependent on the population type, for example, on-campus residents will be charged a higher rate than students that reside off-campus. For the purposes of the succession agreement, the fall semester adjusted census information will be used, which is reported by the University approximately three to four weeks after the start o f the fall semester. To smooth reimbursement rates and allow for the University to properly prepare for potentially significant changes in the annual service fee, this census population will be based on the prior year’s data. Packet Pg. 147 Item 6 As outlined in the amendment agreement, the succession agreement will be retroactive to the effective date of July 1, 2018 and fees to Cal Poly will be adjusted based on the newly agreed upon rates. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15278. FISCAL IMPACT Responding to Cal Poly will have associated costs such as fuel and disposal supplies, which will be reimbursed through the service agreement. In Fiscal Year 2018-19, the City will receive a total of $296,090 for services provided and based on Cal Poly’s 2017-18 campus population. If Cal Poly’s population levels remain static throughout the term of the agreement, the City would receive revenue in excess of $1.4M over the five-year contract term. Contract Year 1 (2018/19) Contract Year 2 (2019/20) Contract Year 3 (2020/21) Contract Year 4 (2021/22) Contract Year 5 (2022/23) Fee per University housed student, faculty, staff population $25.00 Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjust Fall Census 7,667 TBD TBD TBD TBD Subtotal $191,675 TBD TBD TBD TBD Fee per Non-University housed student population $7.95 Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted Fall Census 13,134 TBD TBD TBD TBD Subtotal $104,415 TBD TBD TBD TBD TOTAL $296,090 TBD TBD TBD TBD ALTERNATIVE The Council could choose to discontinue contracting for services to Cal Poly. This is not recommended because of the mutual benefits of the contract for both Cal Poly and the City and would be counter to the City’s Fiscal Health Response Plan. Attachments: a - 2013-18 Cal Poly Fire and EMS Service Agreement b - 2013-18 Agreement Amendment 1 c - 2018-23 Emergency Services Agreement Packet Pg. 148 Item 6 AGREEMENT FOR EMERGENCY SERVICES BETWEEN CALIFORNIA POLYTECHNIC STATE UNIVERSITY AND THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is entered into on July 1, 2013, by and between California Polytechnic State University (hereafter referred to as "University") and the City of San Luis Obispo (hereafter referred to as "City"). The County of San Luis Obispo, a political subdivision of the State of California (hereinafter referred to as "County") is hereby made a party to this Agreement for the limited purposes set forth below. WITNESSETH: WHEREAS, prior to 1996, University operated an institutional fire department. As a result of dire fiscal circumstances, University sought a more cost-effective solution to its fire protection and emergency medical service requirements. Unlike every other campus in the California State University system, University is situated in an unincorporated area and has more than one-third of its students living on campus. The unincorporated areas of San Luis Obispo County are served by Cal Fire for delivery of fire protection. Upon investigation, it was determined that University required an increased level of fire protection service for the main campus which is characterized by dense development including high-rise academic buildings and residence halls housing nearly 7,000 full-time residents that could not be provided to the level of service available from Cal Fire. As a result, University negotiated an agreement directly with the City of San Luis Obispo to provide these crucial services to campus on a fee-for-service basis. Since 1996, the City has tailored its services to best meet University's unique demands through purchase of specialized equipment, on-campus training and inclusion of University in its overall strategic fire service planning. The necessity and value of this Agreement have increased in proportion to University's growing student population and facilities. WHEREAS, the University is desirous to maintain a nearly 20-year relationship and have the City continue to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires (a hostile fire differs from a friendly fire, which bums in a place where it was intended to bum, such as one confined to a fireplace or furnace), medical emergencies, disaster response, and other agreed upon incidents on the main campus of the University; and WHEREAS, the San Lu is 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. WHEREAS, the County consents to the City's continued provlSlon of increased fire protection services to the University which is situated within the County's local responsibility area, upon the terms and conditions agreed to by the City and the University as set forth herein. Page 1 of 23 Packet Pg. 149 Item 6 NOW, THEREFORE, IT IS AGREED AS FOLLOWS : 1. Services Components. The City agrees to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires, medical 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: Exhibit A Exhibit B Exhibit C Exhibit D Services Performed Scope of Service Service Area San Luis Obispo City and Cal-Fire Response to Incidents within University Contract Service Area 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. 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 Marshal 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 University Police Chief or his/her designee as a single point of contact for the coordination of services from the City. b. University. Herein "University" shall include the State of California, the Trustees of the California State University, California Polytechnic State University, San Luis Obispo, all Auxiliary Organizations, each of their officers, officials, employees, authorized representatives, agents, directors, and volunteers. c. Unified Command. In general, emergency operations on the University campus shall be conducted through unified command between the City and the University. Page 2 of23 Packet Pg. 150 Item 6 d. Cooperation. To facilitate the performance of the services components (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 conduct training, provide advice and assistance to 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. e. Personnel Status. 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. Compensation. University will pay City in accordance with the below schedule. These annual sums will be paid in four equal installments in advance each quarter beginning July 1 for the duration of the Agreement. In addition, the University will pay City at the end of each contract year for additional services as defined in Attachment A section 7, for services requested and received by the University. Page 3 of23 Packet Pg. 151 Item 6 Payment Schedule 1 2 3 4 5 2013/14 2014/15 2015/16 2016/17 2017/18 $270,684 $270,684 $273,391 $276,125 $284,408 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, 2013 and expiring June 30, 2018. 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, and will provide quarterly reports of service provided to the University. 7. Termination. Either party, upon the giving of six (6) months advance written notice, may terminate this agreement. 8. 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, all Auxiliary Organizations, 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 (includ ing any subcontractor, anyone directly or indirectly employed by anyone for whose acts any of them may be liable) performance of work hereunder or failure to comply with any of its obligations contained in the agreement, except s uch 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 Page 4 of23 Packet Pg. 152 Item 6 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 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. 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. 9. Insurance 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. City's obligations to obtain and maintain all required msurance 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. Page 5 of23 Packet Pg. 153 Item 6 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 A: VII, unless otherwise approved by the University. 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 may be 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. 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 shall waive and cause to be waived the rights of subrogation against the University by the City, subcontractors, insurance company or loss financing program which may assume subrogation rights. City shall ensure that its subcontractors are covered by insurance in the amount and type required by this article. Page 6 of23 Packet Pg. 154 Item 6 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 policies 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 m 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 msurance policies , including endorsements affecting the coverage specified. The University reserves the right to modify these specifications for the benefit of the University. In the event the C ity 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 contracts with public agencies). Forms University provided forms are preferred. Alternate documents submitted must comply with all requirements, prov iding equivalent or better coverage as specified in this article. to: All insurance certificates, endorsements, policies and claim forms required shall be submitted California Polytechnic State University San Luis Obispo, CA 93407 Page 7 of23 Packet Pg. 155 Item 6 Attn: Contract and Procurement Services Certificates City shall furnish 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 I 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, all auxiliary organizations, and each of their officers, officials, employees, authorized representatives, agents, directors, 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 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 Page 8 of 23 Packet Pg. 156 Item 6 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: "The State of California, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, all auxiliary organizations, and each of their officers , officials, employees, authorized representatives, agents, directors , and volunteers, the "University" are designated as Additional Insured". Signature of authorized representative Address Form Number, if any 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 products and materials 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 0 1. Policy shall be endorsed to provide coverage at least as broad as ISO CG 20 10 11 85. 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 an Additional Insured. Page 9 of 23 Packet Pg. 157 Item 6 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. The City shall provide the following Automobile Liability 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 mill ion combined single limit Policy shall be endorsed to provide coverage 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, the Trustees of the California State University, California Polytechnic State University San Luis Obispo, all auxiliary organizations, and each of their officers, officials, employees, authorized representatives, agents, directors, and volunteers, the "University" are designated as Additional Insured". 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 schedu led underlying primary coverage. In either event, any other insurance maintained by the University Page 10 of23 Packet Pg. 158 Item 6 scheduled above shall be in excess of this insur;:mce 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. The City shall provide thefollowing Workers Compensation and Employer's Liability 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 for Employer's Liability. Policy shall be endorsement to 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 terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the University at: City at: Page 11 of 23 Packet Pg. 159 Item 6 George Hughes Police Chief California Po lytechnic State University San Luis Obispo, CA 93407 12. Agreement Contains all Understandings. Charlie Hines Fire Chief San Luis Obispo City Fire Department 2160 Santa Barbara Ave. San Luis Obispo, CA 93401-5240 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 THEREOF, City and University have executed this Agreement the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] Page 12 of23 Packet Pg. 160 Item 6 ATTEST: RITA L. NEAL County Counsel • I .. BY :V .. ---~ •.. -. Chief Deputy County Counsel CALIFORNIA POLYTECHNIC STATE UNIVERSITY c:)~ By : ________________________________ ___ Dru Zachmeyer Director Contracts & Procurement CITY OF SAN LUIS OBISPO By ~~ Jan Ho I Marx, Mayor APPROVED AS TO CONTENT: 7<:u.tLa_8~ County Board of Supervisors By: ____________________ _ Its: ____________________ _ ATTEST: Julie l. Rodewald, County cterk-Reoorder and Ex-Offtcio Clerk of the Board of Supervisors Page 13 of 23 Packet Pg. 161 Item 6 1. Fire Suppression ATTACHMENT A SERVICES PERFORMED City shall provide personnel, equipment, materials and supervision for suppression of structure and other hostile fires on the main campus (Service Area) of the University, as available. Fire suppression shall include those universally accepted activities, which bring a hostile 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 (Service Area) of the University, as available. Rescue includes: extrication of trapped persons from vehicles, machinery, cave-ins, structure collapses, confined spaces, 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" and one engine "Code 2" 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 or likely. 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 (ALS) type calls as outlined in the EMD Program . 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 unified command of any hazardous materials incidents based on the availability of responding University personnel . Page 14 of 23 Packet Pg. 162 Item 6 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 te c hnical support of qualified staff (within the University's capacity and to the extent available) 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 e stablishment 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 , the University's disaster plans as resources allow. The University s hall provide to the City one copy of the University's disaster response plan and annual updates. 7. Additional Services Special non-emergency situations, not specifically covered in this Agreement, may arise that are determined by the University to requ ire resources beyond their capabilities. When requested by the University, 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 Fire Department additional services that may be available : • flooding/storm response • smoke removal • electrical hazard • bomb threats (not including Bomb Task Force) • pipeline ruptures/water control • animal rescues • s pecial events/crowd control/civil disturbances • non-emergency stand-by Page 15 of 23 Packet Pg. 163 Item 6 ATTACHMENT B SCOPE OF SERVICE The San Luis Obispo City Fire Department will respond to the University as outlined below. The San Luis Obispo Fire Department agrees that 90% of the time it will initiate response within 60 seconds of the request during day-time hours (0800-2000) and 90 seconds at night-time (2000-0800). 1. First Alarm Assignment for the University A standard "First Alarm" assignment for the University shall consist of 2 engines, 1 ladder truck and 1 Battalion Chief code 3 from the City and 1 engine code 3 from Cal-Fire. The use of a move-up company to cover Fire Station One is required. 2. Reduced Assignment for the University 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. 3. Greater Alarm Assignments for the University When an Incident Commander determines that the resources at hand may not be sufficient to both alleviate the threat presented at the University 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 a "working" incident. To facilitate efficiency in assigning additional resources, this department has established pre- planned greater alarm assignments and procedures. 4. Second Alarm Assignment for the University A standard "Second Alarm" shall consist of: • Notification of the Fire Chief. • Call back of all off duty suppression personnel. • Dispatch a University public works representative to the Command Post. • Review the next alarm level in anticipation of a request by the Incident Commander. • Notification of Cal-Fire to alert the area coordinator; in anticipation of a request for additional resources (Do no t have them respond unless/until their assistance is actually requested by the Incident Commander). • Notification of San Luis Ambulance Company and reques t a stand-by ambulance. Page 16 of23 Packet Pg. 164 Item 6 5. Third Alarm Assignment for the University If the emergency on the campus exceeds the capabilities of a second alarm assignment as most large working structures 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 Incident Commander should consider how quickly s/he needs the additional resources. If the first strike team is needed immediately, because of their close proximity to the University (e.g. E21, E12, 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, as are any specialized equipment. A standard "Third Alarm" assignment consists of: • • • • 6. All items inclusive of a "Second Alarm Assignment" . Call back of all Fire Department staff personnel. One or more in-county strike team(s) . 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 for the University Once a First Alarm Assignment has been committed to an emergency at the University, 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 additional ladder trucks, a Hazardous Materials Response unit or a Mass Casualty Response unit. An Incident Commander requiring such specialized resources will access them through City Dispatch. Resources outside of the City will be drawn from the County Emergency Command Center (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: a. San Luis Obispo City Fire Dispatcher will call Cal-Fire via phone and have them notify the Area Coordinator of a mutual aid request for an incident on University's campus . b. Give nature of incident and location of incident. c . List type of assistance required and quantity of units (do not request OES or local government resources specifically-Area Coordinator will decide). d. Give the name of the requesting Incident Commander. Page 17 of23 Packet Pg. 165 Item 6 e. State the urgency of the request; is it immediate need or planned need? f. Request an ETA (Estimated T ime of Arrival) of responding mutual aid units. g. Give staging area location for the mutual aid units. h. Request radio frequency for mutual aid resources and City resources to operate on the incident (usually White 2 unles s Incident Commander specifies otherwise). 7. Principles of Operation for the University The on-duty Battalion Chief or a University Police Officer should be the only person(s) responsible for reducing an initial assignment prior to Fire Department arrival. The first arriving Engine Company Officer may reduce an assignment after their arrival and they have determined it safe to do so. The Fire Chief, Battalion Chief, Company Officer or Dispatcher may increase an initial response a ssignment 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 assigned to the University (Engine-2). If another engine company is closer or the first- due company is delayed, the closest engine should be sent. 8. Response Levels Specific to the University University 1st Alarm Assignment = 2 Engines, 1 Ladder Truck, 1 Battalion Chief from City all code 3 1 Engine from Cal-Fire all code 3 CODE TYPE OF INCIDENT 8 8A 8AF 8F 8H 8I 80 8P 8R 8S 8W 8X 8Z 12 Fire, unknown type Fire Alarm (heat, smoke, pull) Fire Alarm, Water Flow Fire, false alarm (not to be used with fire alarms) Fire, electrical hazard Fire, illegal bum Fire, Refuseffrash thr eatening Fire, vehicle Fire, Refuseffrash n on-threatening Fire, structure Fire, wildland (inside or outside core) Fire, train/railcar Fire, aircraft Emergency, not elsewhere classified RESPONSE PLAN 1 st Alarm Assignment 1 eng. code 3 1 eng. code 3, 1 eng. code 2 After incident # 1 st Alarm 1 eng. code 2 1 st Alarm 1 eng. code 3 1 eng. code 3 1 st Alarm 1 eng, 1 B/C code 3 Cal-Fire Response 1st Alarm 1 st Alarm 1 st Alarm or Special call out Page 18 of 23 Packet Pg. 166 Item 6 14 14B 14T 14T 48 48S 53S 57 Fire 83 84M Medical emergency Medical assistance, non-emergency Traffic accident, injuries (in Core area) Traffic accident injuries (outside Core area) Natural Gas leak out side Natural Gas leak inside Smoke check inside Fire reported out Explosion Hazardous materials threatening (State reportable) 1 eng . code 3 1 eng. code 2 1 eng. code 3 1 eng. code 3 1 eng. Cal-Fire code 3 1 eng. code 3 1 eng. code 3, 1 eng. code 2 1 eng. code 3, 1 eng . code 2 1 eng . code 2, Notify Cal- 1 st Alarm 1 st Alarm Page 19 of 23 Packet Pg. 167 Item 6 ATTACHMENT C SERVICE AREA The area of service of this Agreement is described as the area bounded on the south by the City of San Luis Obispo (Slack Street, Longview Avenue, Via Carta, Foothill Blvd.); bounded on the west by the City of San Luis Obispo; 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) and also including those areas known as Cerro Vista Housing, Poly Canyon Village and the faculty/staff housing known as Bella Montana which is bordered on the east by Highway 1, on the south by Westmont Street and on the north and west by City jurisdiction. 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. • Refer to Attachment C map of the Service Area including the "core area" to have a visual understanding of how the Service Area is divided. • Refer to Attachment D for definition of the University "core area". • Refer to Attachment D for those areas that are identified to be outside the "core area". Page 20 of23 Packet Pg. 168 Item 6 0 0.125 0.25 0.5 0.75 1 --==--===------==========-----Miles ''\ '·<'·, '·<'-.., '-->----, ~--.. '>.... • .'"· ................ ... ...,........._ ''·....,_ "·,...__ :: :·, .. ,! •N I E w '0 \, ____ _ s ..... CHEDA RANCH TARTAGLIA PROPERTY '-fr:<-> •o~~ ~J.;.s~ .... os.., ~'\_· c:J Service Area I>~< ;,1 Core Area '-..... ~'ft!J~, .. .r" _.-/ Page 21 of 23 Packet Pg. 169Item 6 ATTACHMENTD SAN LIDS OBISPO CITY AND CAL FIRE RESPONSE TO INCIDENTS WITIDN UNIVERSITY CONTRACT SERVICE AREA 1. Definitions University "Core Area" Please see map in Attachment C • Includes student and faculty housing • East of city limits includ ing Bella Montana • North of city limits from Highland Drive cross of Hwy. 1 to Grand A venue cross of Slack Street • West of Poly Canyon gate including Cerro Vista Housing • South of Highland Drive and Via Carta, including Poly Canyon Village Outside "Core Area" -Please see map in Attachment C • • North of Highland, and University "Core Area" East of city limits • South of San Luis Obispo Treatment Plant, and Tartaglia property including the San Luis Obispo Treatment Plant and Cheda Ranch • West of Via Carta SLO City-San Luis Obispo City Fire Department Cal-Fire-California Department of Forestry and Fire Protection and San Luis Obispo County Fire Department ECC-Cal-Fire/San Luis Obispo County Fire Department Emergency Command Center 2. Response Inside and Outside of "Core Area" Structure Response Inside Core Area SLO City 1 Truck, 2 Engines & Battalion Chief Cal-Fire 1 Engine Structure Response Outside of Core Area SLO City 1 Truck , 2 Engines & Battalion Chief Cal-Fire l Engine & Battalion Chief Wildland Response Inside of Core Area SLO City 1 Engine & Battalion Chief Cal-Fire 1 Engine Wildland Response Outside of Core Area SLO City 1 Engine & Battalion Chief Cal-Fire Appropriate Response per ECC Note: Cal-Fire has jurisdiction by statute on all State Responsibility Areas as defined in PRC 4126 & 4127 . Cal-Fire does not give up any jurisdictional responsibilities for fire s in SRA Medical Aid & Traffic Collision Response SLO City I Engine Inside Core Area Ca l-Fire No Response Medical Aid & Traffic Colli sion Respon se SLO City l Engine Page 22 of23 Packet Pg. 170 Item 6 Outside of Core Area Cal-Fire 1 Engine Vehicle Traffic Collision on Highway I in SLO City 1 Engine Cal-Fire Response Area A36 (Highway l Cal-Fire Response per Cal-Fire Response Plan from Highland to Stenner Creek Road) Haz. Mat. Response Inside and Outside of SLO City l Engine or as appropriate per SLO Core City Response Card Area Cal-Fire l Engine or as Requested 3. Fires on State Property Cal-Fire Investigator or engine mu s t respond to all fires on state property per Health and Safety Code Section 13107. 4. Frequencies Command Inside Core Area -City Net Outside Core Area-Wildland-As Determined by the ECC All Other Incidents-City Net Tactical Inside Core Area -City Tactical Outside Core Area-White 2 or 3 as Determined by ECC 5. Incident Command Responsibility Inside Core Area - Outside Core Area- SLO City Unified Command on All Incidents Page 23 of23 Packet Pg. 171 Item 6 AMENDMENT#1AGREEMENTFOREMERGENCYSERVICESBETWEENCALIFORNIAPOLYTECHNICSTATEUNIVERSITY,SANLUISOBISPO,THECITYOFSANLUISOBISPO,ANDTHECOUNTYOFSANLUISOBISPOThisAmendment#1totheAgreementforEmergencyServices(Agreement)whichwasoriginallymadeandenteredintoonJuly1,2013byandbetweenCaliforniaPolytechnicStateUniversity,SanLuisObispo(CalPoly),theCityofSanLuisObispo(City),andtheCountyofSanLuisObispo(County),providesforthefollowingchange:5.TermTheoriginaltermforthisAgreementisfiveyears,commencingJuly1,2013andexpiringJune30,2018.PriortotheexpirationoftheAgreement,theparties agreedtomeetanddiscussrenewaloftheAgreement,ifnotsoonerterminatedasprovidedinthe Agreement.ThepartiesarecurrentlyintheprocessoffinalizingthetermsforrecommendedrenewaloftheAgreement.Inordertoprovideallpartiessufficienttimetocompletereviewand anyfurthernegotiationsofthetermsandconditionsofanewagreementthatmayberequiredfollowingreview,aswellfmalizeanewwrittenagreement,thepartiesagreetoextendtheexpirationdateoftheAgreementtoSeptember30,2018.Shouldthepartiesbeunabletonegotiateand finalizeanewagreement,theAgreementshallexpireonSeptember30,2018,ifnotsoonerterminatedasprovidedintheAgreement.AsconsiderationforthisAmendment#1,thepartiesagreethatanyfinancialtermsandconditionsfinallyagreeduponbythepartiesaspartofanewagreementshallberetroactivetoJuly1,2018,thedateonwhichanewagreementwasanticipatedtobeeffectivepriortothisAmendment#1.ThisAmendment#1effectsnootherchangesinthetermsandconditionsoftheoriginalAgreementandallprovisionsshallapply.NWITNESSWHEREOF,CalPoly,theCityandtheCounty haveexecuted thisAmendment#1totheAgreementasofthedatesenteredbelow.BOARDOfTRUSTEESOFTHECALIFORNIASTATEUNVIERSITYBy:(_Date:DruZachmeyerAsst.VicePresident,StrategicBusinessServices,AdministrationandFinance,CaliforniaPolytechnicStateUniversity,SanLuisObispo1of2Packet Pg. 172Item 6 Packet Pg. 173Item 6 1 AGREEMENT FOR ENHANCED EMERGENCY SERVICES BETWEEN THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, THE CITY OF SAN LUIS OBISPO, THE COUNTY OF SAN LUIS OBISPO, AND THE STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION THIS AGREEMENT is effective July 1, 2018 between the Board of Trustees of the California State University on behalf of California Polytechnic State University, San Luis Obispo (Cal Poly), one of 23 campuses in the California State University system (collectively CSU or the University), the City of San Luis Obispo (City), the County of San Luis Obispo, a political subdivision of the State of California (County), and the State of California Department of Forestry and Fire Protection (Cal Fire). RECITALS WHEREAS, in 1996, Cal Poly discontinued its on-campus fire department and entered into a written agreement with the City for emergency and fire services on a fee-for-service basis whereby the City provided service to the central part of campus, including the campus core, and all on-campus housing structures. The most recent fire and emergency services agreement with the City covers the term July 1, 2013 to June 30, 2018. Because of these agreements, the City has tailored its services to best meet Cal Poly’s needs through purchase of specialized equipment, on-campus training, and inclusion of the Cal Poly campus in its overall strategic emergency service planning. The value of this Agreement has and will continue to increase in proportion to growth of Cal Poly’s academic and extra-curricular programs, activities, facilities, and future student enrollment. WHEREAS, Cal Poly is situated in an unincorporated area of the County, immediately adjacent to the City, with approximately one-third of its students currently living on campus. Cal Poly is within the jurisdiction and service area of the County Fire Department (County Fire) and Cal Fire for fire services. Cal Fire’s response obligations extends to wildland and watershed fire protection, and does not cover structure protection, rescue or emergency services. County Fire is responsible for the protection of buildings and improvements in unincorporated County areas. WHEREAS, under the laws of the State of California, only the State and incorporated cities are obligated to provide fire protection services. The State provides wildland and watershed fire protection within State Responsibility Areas; it does not provide structure protection, rescue and emergency service and hazardous materials response. Counties provide fire services at their discretion, and service levels vary from county to county. WHEREAS, in 1930, the County chose to protect residents and property within its jurisdiction by creating the San Luis Obispo County Fire Department in partnership with Cal Fire. The partnering and consolidation is documented through contractual agreements that direct Cal Fire/County Fire to provide fire protection and emergency response services and shared funding for the provision of such services. As a result, Cal Fire/County Fire share multiple resources, including a fire chief, stations and equipment, command center and firefighters. Cal Fire/County Fire emergency services Packet Pg. 174 Item 6 2 are predominantly focused on semi-rural and rural fire and emergency service needs. Because Cal Poly is located in an unincorporated County area and a State Responsibility Area, Cal Fire and County Fire have jurisdictional fire protection obligations over the campus. The closest Cal Fire/County Fire station is Station 12, which is located on Cal Poly property at 635 N. Santa Rosa Street and across Highway 1 from the campus. This station also serves as Cal Fire’s command center for the County and region. WHEREAS, the City has a robust fire department which is designed to address fire, rescue, and emergency services needed for the predominantly urban/sub-urban land use patterns within the City limits, and to Cal Poly (pursuant to previous written agreements with the City). The City has four fire stations staffed with 45 firefighters. The fire station closest to Cal Poly’s campus is Fire Station 2, located at 132 North Chorro Street. This station currently serves Cal Poly and the north section of the City. WHEREAS, the City and Cal Fire/County Fire have adopted an “automatic mutual aid” doctrine which provides for the closest fire engine to respond to a new emergency regardless of jurisdictional lines. This allows for enhanced service without increasing the number of fire stations or firefighters by utilizing existing resources regionally, rather than just within jurisdictional boundaries. The City and Cal Fire/County Fire have documented their automatic mutual aid agreement through an Operational Plan and Agreement for Automatic Aid dated January 30, 2012 (“Automatic Aid Agreement”) (attached as EXHIBIT E). Through the Automatic Aid Agreement, the City serves as the primary first responder to the Cal Poly campus core (see attached EXIBIT E), with support from Cal Fire/County Fire as needed. The Automatic Aid Agreement exists independent of any agreement between Cal Pol y and the City, and obligates the City Fire Department to provide fire and emergency response services to Cal Poly. In exchange, the City receives support from Cal Fire/County Fire for its more rural locations and/or where Cal Fire/County Fire is the closest responder. WHEREAS, the provision of emergency services on the Cal Poly campus is led and coordinated by the University Police Department (UPD) at Cal Poly and is the subject of multiple mutual aid and shared service agreements between Cal Poly, the City, Cal Fire and/or County Fire. With this Agreement, the University desires enhanced fire protection and emergency services for the Cal Poly campus which includes multi-story academic buildings, residence/housing facilities, and dining facilities. WHEREAS , the parties want to continue their Agreement for enhanced emergency services and have the City continue to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires (a hostile fire differs from a friendly fire, which burns in a place where it was intended to burn, such as one confined to a fireplace or furnace), medical emergencies, disaster response, and other agreed upon incidents on the main campus of the University; and WHEREAS, the best interests of the City and the University would be served by entering into this Agreement. WHEREAS , the County and Cal Fire consent to the City's continued provision of increased and enhanced fire protection, emergency medical services and specialty rescue services to the University, which is situated within the County's and Cal Fire’s local responsibility area, upon the terms and conditions agreed to by the City and the University as set forth herein. Packet Pg. 175 Item 6 3 NOW, THEREFORE, IT IS AGREED: 1.Services Components The City agrees to provide personnel, equipment, materials, and supervision required to respond to structure and other hostile fires, medical emergencies, disaster response, and other agreed upon incidents in the Service Area, which is the campus core of the University. The specific services shall be more thoroughly outlined as follows: Attachment A Services Performed Attachment B Scope of Service Attachment C Service area Attachment D San Luis Obispo City and Cal-Fire Response to Incidents within University Contract Service Area Attachment E Operational Plan and Agreement for Automatic Aid 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, rights, duties, obligations or immunities available to the parties by statute, at law or in equity, or otherwise, in the performance or provision of fire protection and emergency services activities, including under the California Environmental Quality Act (CEQA). 2.Difference in Conditions The University and City recognize differences in design, building and fire code application in the City and on the Cal Poly campus. The California State Fire Marshal has jurisdiction over State property and is responsible for the compliance of facilities and operations with applicable fire and safety codes as well as 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. The City and University seek opportunities to collaborate to minimize operational disadvantages when possible; however, neither the University nor the California State Fire Marshal relinquishes their rights and privileges to the City regarding fire and safety codes that apply to the University. 3.Administration a.University The term "University" shall include the State of California, the Board of Trustees of the California State University, California Polytechnic State University, San Luis Obispo, all Auxiliary Organizations, each of their officers, officials, employees, authorized representatives, agents, directors, and volunteers. b.Unified Command In general, emergency operations on the University campus shall be Packet Pg. 176 Item 6 4 conducted through unified command between the City and the University. c.Cooperation To facilitate the performance of the services components (above), it is 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, emergency management personnel 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 not already known to the University, 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 the agency providing Dispatch services for the City Fire Department 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 conduct training, provide advice and assistance to 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. d.Personnel Status 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.Compensation Compensation for services is calculated based on the primary factor that influences fire, medical and rescue service delivery: campus population. The University will compensate the City for students that reside on-campus in University housing at a different rate than for students that do not reside on campus according to the schedule below. For purposes of this Agreement, the final fall quarter adjusted census information will be used. This census information is reported by the University approximately three to four weeks after the start of the fall quarter. The Fall 2017 adjusted census population as reported by the University was 7,667 University campus residents and 20,801 total full-time equivalent students (FTEs). To smooth reimbursement rates, this census population will lag one year. Packet Pg. 177 Item 6 5 Additionally, the fee will be adjusted annually, starting July 1, 2019, based upon the regional Consumer Price Index (CPI) by averaging the CPIs of Los Angeles and San Francisco. For 2017 the average 2016-17 CPI between the Los Angeles and San Francisco is 3.01% as areas as shown in Attachment F. Campus Population Per Capita Payment Schedule Contract Year 1 (2018/19) Contract Year 2 (2019/20) Contract Year 3 (2020/21) Contract Year 4 (2021/22) Contract Year 5 (2022/23) Fee per University student residing on- campus $25.00 Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted Fall census 7,667 (2017) As reported in 2018 As reported in 2019 As reported in 2020 As reported in 2021 Subtotal $191,675 Fee per University student population not residing on campus $7.95 Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted per CPI Adjusted Fall census 13,134 (2017) As reported in 2018 As reported in 2019 As reported in 2020 As reported in 2021 Subtotal $104,415 TOTAL $296,090 The University will pay City in accordance with the above schedule. These annual sums will be paid in four equal installments in advance each quarter beginning July 1 for the duration of the Agreement. In addition, the University will pay the City at the end of each contract year for additional services as defined in Attachment A section 7, for services requested and received by the University. 5.Term The term for this Agreement shall be five years, commencing July 1, 2018 and expiring June 30, 2023, and will include an option for up to two three-year contract extension periods. Prior to the expiration of this Agreement, 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 monthly written report to the University identifying emergency response activities to the Cal Poly campus in accordance with all applicable local, state, and federal privacy laws. 7.Termination Packet Pg. 178 Item 6 6 Either party, upon six (6) months advance written notice, may terminate this agreement. 8.Indemnification The 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, all Auxiliary Organizations, and each of their officers, officials, employees, authorized representatives , agents, and volunteers from and against any and all costs, damages, expenses, liability, losses of every nature arising out of or in connection with City's (including any subcontractor, anyone directly or indirectly employed by anyone for whose acts any of them may be liable) performance 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 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 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. The 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 of every nature arising out of or in connection with University's performance hereunder or failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. 9.Insurance Requirements The City shall not commence Work until it has obtained all the insurance required in this Contract, and such insurance has been approved by the CSU. a.Policies and Coverage (1) The City shall obtain and maintain the following policies and coverage: (i) Comprehensive or Commercial Form General Liability Insurance, on an occurrence basis, covering Work done or to be done by or on behalf of the City and providing insurance for bodily injury, personal injury, and property damage (2) The City also may be required to obtain and maintain the following policies and coverage: Packet Pg. 179 Item 6 7 (i) Other Insurance by agreement between the Trustees and the City. b.Verification of Coverage The City shall submit original certificates of insurance and endorsements to the policies of insurance required by the Contract to the Trustees as evidence of the insurance coverage. The Trustees reserve the right to require the City to furnish the Trustees complete, certified copies of all required insurance policies. c.Insurance Provisions Nothing in these insurance provisions shall be deemed to alter the indemnification provisions in this Agreement. The insurance policies shall contain, or be endorsed to contain, the following provisions. (1) For the general and automobile liability policies, the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents are to be covered as additional insureds. (3) Each insurance policy required by this section shall state that coverage shall not be canceled by either the City or the insurance carrier, except after thirty (30) Days prior written notice by certified mail, return receipt requested, has been given to the Trustees. (4) The State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall not by reason of their inclusion as additional insureds incur liability to the insurance carriers for payment of premiums for suchinsurance. d.Amount of Insurance (2) For any claims related to the Work, the City’s insurance coverage shall be primary insurance as respects the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents. Any insurance or self-insurance maintained by the State of California, the Trustees of the California State University, the University, their officers, employees, representatives, volunteers, and agents shall be in excess of the City’s insurance and shall not contribute with it. (1) The City of San Luis Obispo has elected to be self-insured for its general liability, vehicle liability, workers’ compensation and property exposures through the California Joint Powers Insurance Authority. As a member of the California Joint Powers Insurance Authority, the City of San Luis Obispo is included in this self-insured program. And shall provide coverage in amounts not less than the following: (i) Comprehensive or Commercial FormGeneral Liability Insurance--Limits of Liability $2,000,000 General Aggregate $1,000,000 Each Occurrence--combined single limit for bodily injury and property damage. Packet Pg. 180 Item 6 8 Police Chief California Polytechnic State University San Luis Obispo, CA 93407 City: Fire Chief San Luis Obispo City Fire Department 2160 Santa Barbara Ave. San Luis Obispo, CA 93401-5240 University: Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be sent by certified or registered mail to the: 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 10. Priorities e.Miscellaneous (1) Any deductible under any policy of insurance required in this Contract shall be City’s liability. (2) Acceptance of certificates of insurance by the Trustees shall not limit the City’s liability under the Contract. (3) In the event the City does not comply with these insurance requirements, the Trustees may, atitsoption, provide insurance coverage to protect the Trustees. The cost of the insurance shallbepaidbythe City and, if prompt payment is not received, may be deducted from Contract sums otherwise due the City. (4) If the Trustees are damaged by the failure of City to provide or maintain the required insurance, the City shall pay the Trustees for all such damages. (5) The City’s obligations to obtain and maintain all required insurance are non-delegable duties under this Contract. (ii) Workers’ Compensation limits as required by law with Employers Liability limits of $1,000,000. Packet Pg. 181 Item 6 9 CAL FIRE By:___________________________ Scott Jalbert, Chief SAN LUIS OBISPO COUNTY By:__________________________ County Board of Supervisors Heidi Harmon, Mayor By: CITY OF SAN LUIS OBISPO Dru Zachmeyer Administration & Finance By: BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY IN WITNESS THEREOF, City, County, Cal Fire, and University have executed this Agreement as follows: This Agreement represents the entire Agreement between the City and the University, and supersedes all prior negotiations, representations, or agreements, either written or oral. This 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. 12. Entire Agreement County Administrative Officer 1055 Monterey Street San Luis Obispo, CA 93408 Fire Chief 635 N. Santa Rosa Street San Luis Obispo, 93405 Cal Fire: County: Packet Pg. 182 Item 6 10 ATTACHMENT A SERVICES PERFORMED 1.Fire Suppression City shall provide personnel, equipment, materials and supervision for suppression of structure and other hostile fires on the campus core (Service Area) of the University, as available. Fire suppression shall include those universally accepted activities, which bring a hostile 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 campus core (Service Area) of the University, as available. Rescue includes: extrication of trapped persons from vehicles, machinery, cave-ins, structure collapses, confined spaces, 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" and one engine "Code 2" 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 or likely. 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 (ALS) type calls as outlined in the EMD Program. 5.Hazardous Materials City shall provide trained personnel as indicated by the Code of Federal Regulations 29 Packet Pg. 183 Item 6 11 "First Responder Capabilities" to the University, as available. It is the intent that the City will share in a unified 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 (within the University's capacity and to the extent available) 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. The University will maintain its status as a participating agency/region in the San Luis Obispo Regional Hazardous Materials Response Team. 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, the University's disaster plans as resources allow. The University shall provide to the City one copy of the University's disaster response plan and annual updates. 7. Additional Services Special non-emergency situations, not specifically covered in this Agreement, may arise that are determined by the University to require resources beyond their capabilities. When requested by the University, 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 as referenced in section 4, “Compensation”, of the agreement. The following are examples of Fire Department additional services that may be available: • flooding/storm response • smoke removal • electrical hazard • bomb threats (not including Bomb Task Force) • pipeline ruptures/water control • animal rescues • special events/crowd control/civil disturbances • non-emergency stand-by Packet Pg. 184 Item 6 12 ATTACHMENT B SCOPE OF SERVICE The San Luis Obispo City Fire Department will respond to the University as outlined below. The San Luis Obispo Fire Department agrees that 90% of the time it will initiate response within 60 seconds of the request during day-time hours (0800-2000) and 90 seconds at night-time (2000- 0800). The Fire Chief and the Fire Department leadership staff are dedicated to continuing to partner with University and student leadership to positively impact safety and safe decision making by students, including but not limited to engagement opportunities during new student orientation, Week of Welcome, and graduation. 1. First Alarm Assignment for the University A standard "First Alarm" assignment for the University shall consist of 2 engines, 1 ladder truck and 1 Battalion Chief code 3 from the City and 1 engine code 3 from Cal-Fire. The use of a move-up company to cover Fire Station One is required. 2. Reduced Assignment for the University 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. 3. Greater Alarm Assignments for the University When an Incident Commander determines that the resources at hand may not be sufficient to both alleviate the threat presented at the University 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 a "working" incident. To facilitate efficiency in assigning additional resources , this department has established pre- planned greater alarm assignments and procedure s. 4. Second Alarm Assignment for the University A standard "Second Alarm" shall consist of: • Notification of the Fire Chief. • Call back of all off duty suppression personnel. • Dispatch a University public works representative to the Command Post. • Review the next alarm level in anticipation of a request by the Incident Commander. • Notification of Cal-Fire 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). • Notification of San Luis Ambulance Company and request a stand-by ambulance. Packet Pg. 185 Item 6 13 5.Third Alarm Assignment for the University If the emergency on the campus exceeds the capabilities of a second alarm assignment as most large working structures 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 Incident Commander should consider how quickly s/he needs the additional resources. If the first strike team is needed immediately, because of their close proximity to the University (e.g. E21, El2, 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, as are any specialized equipment. A standard ''Third Alarm" assignment consists of: •All items inclusive of a "Second Alarm Assignment ".•Call back of all Fire Department staff personnel.•One or more in-county strike team(s).•All requested mutual aid companies will respond with minimal delay and operate on the specified radio frequency (normally County Net until on scene). 6.Special-Call Assignment for the University Once a First Alarm Assignment has been committed to an emergency at the University, 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 additional ladder trucks, a Hazardous Materials Response unit or a Mass Casualty Response unit. An Incident Commander requiring such specialized resources will access them through City Dispatch . Resources outside of the City will be drawn from the County Emergency Command Center (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: a.San Luis Obispo City Fire Dispatcher will call Cal-Fire via phone and have them notify the Area Coordinator of a mutual aid request for an incident on University's campus. b.Give nature of incident and location of incident. c.List type of assistance required and quantity of units (do not request OES or local government resources specifically - Area Coordinator will decide). d.Give the name of the requesting Incident Commander. Packet Pg. 186 Item 6 14 e.State the urgency of the request; is it immediate need or planned need? f.Request an ETA (Estimated Time of Arrival) of responding mutual aid units. g.Give staging area location for the mutual aid units. h.Request radio frequency for mutual aid resources and City resources to operate on the incident (usually White 2 unless Incident Commander specifies otherwise). 7.Principles of Operation for the University The on-duty Battalion Chief or a University Police Officer should be the only person(s) responsible for reducing an initial assignment prior to Fire Department arrival. The first arriving Engine Company Officer may reduce an assignment after their arrival and they have determined it safe to do so. The Fire Chief, Battalion Chief, Company Officer 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 assigned to the University (Engine-2). If another engine company is closer or the first- due company is delayed, the closest engine should be sent. 8.Response Levels Specific to the University University 1st Alarm Assignment = 2 Engines, 1 Ladder Truck, 1 Battalion Chief from City all code 3 1 Engine from Cal-Fire all code 3 CODE TYPE OF INCIDENT RESPONSE PLAN 8 8A 8AF 8F 8H 81 80 8P 8R 8S 8W 8X 8Z 12 Fire, unknown type Fire Alarm (heat, smoke, pull) Fire Alarm, Water Flow Fire, false alarm (not to be used with fire alarms) Fire, electrical hazard Fire, illegal burn Fire, Refuse/T rash threatening Fire, vehicle Fire, Refuse/Trash non-threatening Fire, structure Fire, wildland (inside or outside core) Fire, train/railcar Fire, aircraft Emergency, not elsewhere classified 1st Alarm Assignment 1 eng. code 3 1 eng. code 3, 1 eng. code 2 After incident # 1st Alarm 1 eng. code 2 1st Alarm 1 eng. code 3 1 eng. code 3 1st Alarm 1 eng., 1 B/C code 3 Cal-Fire Response 1st Alarm 1st Alarm 1st Alarm or Special call out Packet Pg. 187 Item 6 15 14 Medical emergency 14B Medical assistance, non-emergency 14T Traffic accident, injuries (in Core area) 14T Traffic accident injuries (outside Core area) 48 Natural Gas leak outside 48S Natural Gas leak inside 53S Smoke check inside 57 Fire reported out 1 eng. code 3 1 eng. code 2 1 eng. code 3 1 eng. code 3 1 eng. Cal-Fire code 3 1 eng. code 3 1 eng. code 3, 1eng. code 2 1 eng. code 3, 1eng.code 2 1 eng. code 2, Notify Cal-Fire 83 Expl osion 1st Alarm 84M Hazar dous materials threatening (State reportable) 1st Alarm Packet Pg. 188 Item 6 16 ATTACHMENT C SERVICE AREA The area of service of this Agreement is described as the area bounded on the south by the City of San Luis Obispo (Slack Street, Longview Avenue, Via Carta, Foothill Blvd.); bounded on the west by the City of San Luis Obispo; 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) and also including those areas known as Cerro Vista Housing, Poly Canyon Village and the faculty/staff housing known as Bella Montana which is bordered on the east by Highway 1, on the south by Westmont Street and on the north and west by City jurisdiction. University properties not included in this agreement are outlying structures of the University and wildlands non-contiguous to the campus core of the University. For example: Chorro Creek Ranch, Serrano Ranch, Peterson Ranch and the structures up Poly Canyon. • Refer to Attachment C map of the Service Area including the "core area" to have a visual understanding of how the Service Area is divided. • Refer to Attachment D for definition of the University "core area". • Refer to Attachment D for those areas that are identified to be outside the "core area". Packet Pg. 189 Item 6 XX CHEDARANCHTARTAGLIAPROPERTYService AreaCore AreaHI G H L A N D SANTA ROSAGRANDSLACKMT. BISHOPSTENNER CREEKFacility Services Facilities Planning and Capital ProjectsO:\Planroom\Planroom Projects\_maps-o-rama\BasemapPS_Special.dwg8.21.2018ServiceMap_LetterPeter F Weber BasemapPS_Special.dwgService MapService Map1"=1500'17Packet Pg. 190Item 6 18 ATTACHMENT D SAN LUIS OBISPO CITY AND CAL FIRE RESPONSE TO INCIDENTS WITHIN UNIVERSITY CONTRACT SERVICE AREA 1. Definitions University " Core Area" Please see map in Attachment C • Includes student and faculty housing • East of city limits including Bella Montana • North of city limits from Highland Drive cross of Hwy. 1 to Grand Avenue cross of Slack Street • West of Poly Canyon gate including Cerro Vista Housing • South of Highland Drive and Via Carta, including Poly Canyon Village Outside "Core Area" - Please see map in Attachment C • North of Highland, and University "Core Area" • East of city limits • South of San Luis Obispo Treatment Plant, and Tartaglia property including the San Luis Obispo Treatment Plant and Cheda Ranch • West of Via Carta SLO City - San Luis Obispo City Fire Department Cal-Fire- California Department of Forestry and Fire Protection and San Luis Obispo County Fire Department ECC - Cal-Fire/San Luis Obispo County Fire Department Emergency Command Center 2. Response Inside and Outside of "Core Area" Structure Response Inside Core Area SLO City Cal-Fire 1 Truck, 2 Engines & Battalion Chief 1 Engine Structure Response Outside of Core Area SLO City Cal-Fire 1 Truck, 2 Engines & Battalion Chief 1 Engine & Battalion Chief Wildland Response Inside of Core Area SLO City Cal-Fire 1 Engine & Battalion Chief 1 Engine Wildland Response Outside of Core Area SLO City Cal-Fire 1 Engine & Battalion Chief Appropriate Response per ECC Note: Cal-Fire has jurisdiction by statute on all State Responsibility Areas as defined in PRC 4126 & 4127. Cal-Fire does not give up any jurisdictional responsibilities for fires in SRA Medical Aid & Traffic Collision Response Inside Core Area SLO City Cal-Fire 1 Engine No Response Medical Aid & Traffic Collision Response SLO City 1 Engine Packet Pg. 191 Item 6 19 Outside of Core Area Cal-Fire 1 Engine Vehicle Traffic Collision on Highway l in Cal-Fire Response Area A36 (Highway l from Highland to Stenner Creek Road) SLO City Cal-Fire 1 Engine Response per Cal-Fire Response Plan Haz. Mat. Response Inside and Outside of Core Area SLO City Cal-Fire 1 Engine or as appropriate per SLO City Response Card l Engine or as Requested 3. Fires on State Property Cal-Fire Investigator or engine must respond to all fires on state property per Health and Safety Code Section 13107. 4. Frequencies Command Inside Core Area: City Net Outside Core Area: Wildland -As Determined by the ECC All Other Incidents -City Net Tactical Inside Core Area: City Tactical Outside Core Area: White 2 or 3 as Determined by ECC 5. Incident Command Responsibility Inside Core Area: SLO City Outside Core Area: Unified Command on All Incidents Packet Pg. 192 Item 6 OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID BETWEEN SAN LUIS OBISPO CITY FIRE DEPARTMENT AND CAL FIRE/SAN LUIS OBISPO COUNTY FIRE DEPARTMENT PURPOSE This Operational Plan and Agreement for Automatic Aid is made and entered into by and between the San Luis Obispo City Fire Department (SLO) and CAL FIRE/San Luis Obispo County Fire Department (CALFIRE/Co. Fire). This Operation Plan and Agreement includes the following items: • Jurisdictional Responsibility • Guidelines Governing Response to an Emergency • Release of Resources • Types of Responses Covered • Response Area Dispatching Specifics • Standard Response Area Matrix • Communications/Dispatch • Resource Availability • Joint Training • Terms of Agreement • Authorized Agreement Signatures JURISDICTIONAL RESPONSIBILITY Each agency shall retain all authority and responsibility for all incidents occurring within their jurisdiction. All emergency equipment responding to the same emergencies as part of this agreement shall work under the direction of the Incident Commander assigned by the agency having jurisdiction of the Incident upon arrival to the incident. GUIDELINES GOVERNING RESPONSE: The purpose of this agreement is to most efficiently use resources that are closest to the incident regardless of jurisdictional lines. The assistance provided through this agreement shall be above and beyond those resources sent by the agency having jurisdiction. Page 1 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 20 Packet Pg. 193 Item 6 RELEASE OF RESOURCES The Incident Commander should make every attempt to release other agency resources as soon as possible. If that is not practical due to the commitment of resources at the emergency scene, then the Incident Commander will notify the on scene officer from the other agency of the time extension. TYPES OF RESPONSES COVERED Only emergencies that would normally require immediate response by responding emergency vehicles are intended to be covered by this Agreement. These can typically be categorized as calls where life or property is in danger. Calls for public service, permit inspections, post fire investigations, and responses which do not require immediate response by the responding fire vehicles shall not be a part of this Agreement. The specific types of emergencies involved and resources assigned shall be identified for the response area. The base premise of this plan assumes that any specific resources identified by this plan to be dispatched are available and in their respective normally assigned response area. Should this not be the case at the time of the dispatch, the resources dispatched by either agency will be the closest available resources. RESPONSE AREA DISPATCHING SPECIFICS 1. SLO City Fire shall respond automatically to assist CAL FIRE/SLO Co. Fire with the closest engine or truck, and chief officer as needed, in response areas A4, A 8, A 12, A 17, A 20, A21, A22, A33, A-34, A35, A 36, A37, and A 38 shown on attached map for all emergency incidents. 2. SLO City Fire shall respond automatically to assist CAL FIRE/SLO Co. Fire with the closest engine or truck, and chief officer as needed in response areas A2, A4, A5, A5A A5S, A 8, A9, A10,A 10A, A 10B, A 12, A 14, A 17, A 20A21 , A22, A 23, A 24, A 28, A 33, A-34, A35, A 36, A37, and A 38 shown on attached map for all emergency incidents with the exception of medical aid incidents. 3. CAL FIRE/SLO Co Fire shall respond automatically to assist SLO, one engine, and one chief officer as needed anywhere in the city of San Luis Obispo or on Cal Poly campus, closest available for Structure Fires or other incidents as requested. 4. CAL FIRE/SLO Co will respond one emergency response unit from Station 21-San Luis Obispo County Airport Fire Station automatically to assist SLO for all emergency incidents, in areas identified as the Tank Farm Road Response Area identified by SLO City. Page 2 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 21 Packet Pg. 194 Item 6 The Tank Farm Road Response Area is identified as: • South of the intersection of Broad Street and Industrial Way, including address accessed off of Industrial Way • South of San Luis Obispo portion of Tank Farm Road including address accessed off of Tank Farm Road, west to South Higuera • East of South Higuera from Tank Farm Road to the San Luis Obispo City limits (includes any address on S. Higuera-South of Tank Farm Road) • West or San Luis Obispo City Limits along Orcutt Road including The Arbors subdivision. • North of the San Luis Obispo City Limits between South Higuera and Orcutt Road 5. The Bishop Peak Natural Reserve Area is within the jurisdiction of both CAL FIRE/SLO Co. and SLO City. Upon notification of an emergency, the receiving command center will initiate a dispatch and then notify the other command center immediately. As soon as possible, the command center and/or responding officer will determine: • Jurisdiction of the Incident • Determine the appropriate command structure (unified or single command) • ICS facilities (ICP, Staging Areas and Operational Structure) • Unified Ordering Point (SLO or SLU ECC) • Command/Tac Frequencies (Repeatable). • Objectives, Strategic and Tactical Plan This information will be broadcast on the appropriate Command Frequency and transmitted to the cooperating command center and incoming resources. Please see Standard Response Area Matrix below for specific call type and standard response Page 3 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 22 Packet Pg. 195 Item 6 I. STANDARD RESPONSE AREA MATRIX -INCLUDES MEDICAL AIDS CAL FIRE/Co Fire A4, A8,A12,A17, A20,A21, Jurisdiction A22. A·34 A35 A 36 A37 A 38 IN ""':NT TYPE SLO RESPONSE cAL FIRE/CoFireBESPQNS~ ResQonse area Chief Eng Sqd Trk Batt Engine Water Squad Other Off. Or Chief Tender Trk FSR 1 1 1 3 1 1 BSU, INV R Fire FSC 1 1 1 3 1 1 BSU, DUTY, Commercial Structure Fire Type INV II FSM 1 1 1 3 1 BSU Multi Family Structure Fire i FSO 1 1 2 INV Fke, ,m : Other FSRW 1 1 1 5 1 1 1 AIR Fire, Res Structure Wildland (3 type DUTY 3) INV FOO 1 1 INV Fire, Other FVP 1 2 P"....nu..r Vehicle Fire FVC 1 1 1 3 1 1 INV Commercial Vehicle Fire FVCT 1 1 1 3 1 1 1 AIR Train FirefDerail 1 Truck 1 LEHelo TRT DUTY I INV FWLL 1 1 3 1 AIR,INV Wildland Fire, Low Dispatch (2 type 3) FWLM 1 1 1 5 1 1 AIR, Wildland Fire, Medium (4 type 2TANKER Dispatch 3) 1 COPTER lDozer, 2Hand Crew DUTY INV FWLH 1 1 1 7 1 1 AIR, Wildland Fire, High Dispatch (5 type 3TANKER 3) I COPTER 2Dozer, 3Hand Crew DUTY INV Page 4 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 23 Packet Pg. 196 Item 6 MED 1 1 Code 3 Medical Aid MEDC2 1 Code 2 Medical Aid MRECLF 1 1 2 1 TRT Cliff Res()ue DUTY MTC 1 2 1 Tratf~Col1~on MTX 1 1 2 1 EMSl Traffic ('nl1kinn .".,. MTCV 1 1 1 2 1 EMSl Traffic Collision DUTY wi Mllltinl", Ve_hic1es MTCM 1 1 1 2 1 EMS} Traffic Collision DUTY w/U' I.;· Casualty MEDM 1 1 1 3 1 Mass ('~.I1"ltv Incident MRESWF 1 1 2 2 TRT Swift Water Rescue DUTY MRECS 1 1 2 2 BSU Confined Space Rescue 1 Handcrew DECONor USAR TRT DUTY MRETCH 1 1 2 2 BSU Trench Rescue 1 Handcrew DCON I or USAR TRT DUTY MREUSR 1 1 3 2 DUTY Urban Search & Rescue TRT MEDCTI 1 1 1 1 1 1 CRASH Med. CAT 1 Aircraft IAMB Airport Mgr l)UTY MEDCT2 1 1 1 2 1 1 1 CRASH CAT 2 Aircraft IAMB AirportMgr DUTY MEDCT3 1 1 1 1 4 1 1 } CRASH CAT 3 Aircraft 1 AMB Airport Mgr DUTY MEDCT4 1 1 3 1 1 DUTY Single Engine Aircraft, off- site MEDCT5 1 1 1 1 3 1 1 DUTY Multi Engine Aircraft, off-site TRT INV Page 5 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 24 Packet Pg. 197 Item 6 II. STANDARD RESPONSE AREA MATRIX -EXCLUDES MEDICAL AIDS CAL FIRE/Co Fire Jurisdiction A2, A4, A5, A5A A5B, A 8, A9, A10,A 10A, A 10B, A 12, A 14, A 17, A 20 A21, A22, A 23, A 24, A 28 A 33 A-34 A35, A 36 A37 A 38 IN :11 ,....:NT TYPE SLO ~:spuNSE -CALFIR.EiCo -pire RESPONSE Res120nse ilrea Chief Off. Eng or Trk Sqd Trk Batt . Chief Engine Water Tender Squad Other FSR R <:;tn."tnr'l Fire 1 1 1 3 1 1 BSU, lNV FSC Commercial Structure Fire 1 1 1 3 1 1 Type II BSU, DUTY, lNV FSM Mlilii Family , Fire 1 1 1 3 1 BSU FSO Fire, ", Other 1 1 2 lNV FSRW Fire, Res Structure Wildland 1 1 1 5 (3 type 3) 1 1 1 AIR DUTY lNV FOO Fire, Other 1 1 lNV FVP I Vehicle Fire 1 2 FVC r, ,1 Vehicle Fire 1 1 1 3 1 1 lNV FVCT Train FirelDeraii 1 1 1 3 1 1 1 AIR I Truck 1 LE Helo TRT DUTY INV FWLL Wildland Fire, Low Dispatch 1 1 3 (2 type 3) 1 AIR, INV FWLM Wildland Fire, Medium Dispatch 1 1 1 5 (4 type 3) 1 1 AIR, 2TANKER 1 COPTER IDozer, 2Hand Crew DUTY INV FWLH Wildland Fire, High Dispatch 1 1 1 7 (5 type 3) 1 1 AIR, 3TANKER 1 COPTER 2Dozer,3Hand Crew DUTY INV Page 6 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 25 Packet Pg. 198 Item 6 MED 1 Code 3 Medical Aid MEDC2 1 Code 2 Medical Aid MRECLF 1 1 2 1 TRT Cliff Rescue I DUTY MTC 1 2 1 Traffic Collision MTX 1 1 2 1 EMS I Traffic Collision ,~ MTCV 1 1 1 2 1 EMS} Traffic Collision DUTY w/l\,f..h;~IA Vehicles MTCM 1 1 I 2 I EMS I Traffic Collision DUTY wI MultlPle rMll"hv MEDM 1 1 1 3 1 Mass ~ _L Incident MRESWF 1 1 2 2 TRT Swift Water Rescue DUTY MRECS 1 1 2 2 BSU Confined Space Rescue 1 Handcrew DECONor USAR TRT DUTY MRETCH 1 1 2 2 BSU Trench Rescue 1 Handcrew DCON lor USAR TRT DUTY MREUSR 1 1 3 2 DUTY Urban Search & Rescue TRT MEDCTl 1 1 1 1 1 1 CRASH Med. CAT I Aircraft IAMB AirportMgr DUTY MEDCT2 1 1 1 2 1 1 1 CRASH CAT 2 Aircraft 1 AMB AirportMgr DUTY MEDCT3 1 1 1 1 4 1 1 1 CRASH CAT 3 Aircraft 1 AMB AirportMgr DUn MEDCT4 1 1 3 1 1 DUTY Single Engine Aircraft, off- site MEDCT5 1 1 1 1 3 1 1 DUTY Multi Engine Aircraft, off-site TRT INV Page 7 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 26 Packet Pg. 199 Item 6 III. STANDARD RESPONSE AREA MATRIX -ALL CITY SLOCity In all Dispatch Areas of SLO City Jurisdiction mCI uENTTYPE SL<21<bS_PONSE CAL FIRE/Co Fire RESPONSE ResI!ons~ area g~~f Eng Sqd Trk Batt Engine ie::~r Squad Other Chief FSR 1 3 1 1 1 R, <" Fire FSC 1 3 1 1 1 L II Structure Fire FSM 1 3 1 1 1 Multi Family Structure Fire FSO 1 3 1 1 1 Fire, Structure Other FSRW 1 3 1 1 1 Fire, Res Wihm,uu FOD 1 Debris Fire, unless otherwise defined FOO 1 Fire, Qther FVP 1 P"Q~nrr"'r Veh~Fire FVC 1 Commercial Vehicle Fire FVCT 1 3 1 Train '7irelDerail FWLCD 1 Fire, Center Div~ant ~ FAA 1 3 1 Aircraft Fire FWLL 1 3 1 1 Wildland Fire, Low FWLM 1 3 1 1 Wildland Fire, Medium FWLH 1 3 1 2 Wildland Fire, High Dispatch MED 1 Code 3 Medical Aid MEDC2 1 Cod~2 Medical Aid MRECLF 1 1 1 Cliff Rescue MTC 1 Traffic Collision Page 8 of 13 January 3D, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 27 Packet Pg. 200 Item 6 Search & Rescue 3 1 3 3 off-site MTX 1 2 Traffic Collision wlExtrication MTCV 21 Traffic Collision wI Vehicles MTCM 3 Traffic Collision wi MEDM 3 Mass Incident MRESWF 2 1 MRETCH Trench Rescue MREUSR Page 9 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 28 Packet Pg. 201 Item 6 IV. STANDARD RESPONSE AREA MATRIX -TANK FARM RESPONSE AREA SLO City Jurisdiction Tank Farm Response Area Only INClDb:NT TYPE SLO RESPONSE CAL FIRE/Co Fire RESPON:SC Res.Qons~ area Chief Off. Eng Sqd . Trk Batt Chief Engine Water Tender Squad Other FSR Residential Fire 1 3 1 1 1 FSC Commercial Structure Fire 1 3 1 1 1 FSM Multi Family Structure Fire 1 3 1 1 1 FSO Fire, Structure Other 1 3 1 1 I 1 FSRW Fire, Re~."uu..,u,,;; Wildland 1 3 1 1 1 FOD Debris Fire, unless otherwise defilled 1 1* FOO Bre, Other 1 1* FVP D. . Vehicle Fire 1 1* FVC ,... Vehicle Fire 1 1 FVCT Train FirelDerail 1 3 1 1 1 FWLCD Fire, Center DivNacant Lot 1 3 1* FAA _Aircraft Fire 1 3 1 1 FWLL Wildland Fire, Low ni.o"t"h 1 3 1 1 FWLM Wildland Fire, Medium ~ 1 3 I 1 1 i FWLH Wildland Fire, High ~ 1 3 I 1 2 MED Code 3 Medical Aili 1 1* MEDC2 Code 2 Medical Aid 1 MRECLF Cliff Rescue 1 1 1 1 Page 10 of 13 January 30 1 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 29 Packet Pg. 202 Item 6 MTC 1 Traffic Collision MTX 1 12 Traffic Collision wlExtrication MTCV 1 2 1 Traffic Collision wi Mllltinle Vehicles MTCM 1 13 Traffic Collision wI Multiple Casualty MEDM 11 3 Mass Casualty Incident MRESWF 1 2 Swift Water Rescue MRECS 11 1 Confined Space Rescue MRETCH 1 11 T~hRescue I 1MREUSR 11 Urban Search & Rescue HZM 1 3 1 HazMat Incident MEDCT4 1 3 1 Single Engine Aircraft, off- site MEDCT5 1 3 1 Multi Engine Aircraft, off-site Note - * equals one umt from Station 21 ­ COMMUNICATIONS/DISPATCH Dispatch to Incidents Reports of emergencies shall be directed to the agency having jurisdiction's dispatch center. If the incident jurisdiction can not be immediately determined, the receiving dispatch center shall respond the appropriate initial attack response and request an appropriate response from the other agency dispatch center. Automatic response shall be initiated by each agency dispatch center when appropriate. Requests for resources will be dispatched via normal dispatch channels. The Incident Commander shall make every effort to utilize common radio nets and a single unified ordering point. Command and Tactical nets will be identified for all incidents by the agency having jurisdiction's dispatch center. The Incident Commander may request a specific frequency with approval. 1* 1 1 I 1 1 1 1 1 1 1 1 Crash 21 or ARFF 1 Crash 21 or ARFF Airport only and no Paid Call Firefighters Page 11 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 30 Packet Pg. 203 Item 6 RADIO CHANNEL PRIMARY COMMAND SECONDARY COMMAND PRIMARY TACTICAL SECONDARY TACTICAL CAL FIRE­ SLO County SLU Local Tone 11 CAL FIRE Command 1 Please see below for information regarding CAL FIRE/SLO County Tactical Frequencies 151.3250 Rx 159.3150 Tx Tone 11: 114.8 151.3550 Rx 159.300 Tx Tone 1: 110.9 SLO City Fire Dept. SLO City Net SLO City Common Net SLO City Tac 1 SLO City Tac 2 155.1450 Rx 154.2050 Tx Tone 7: 167.9 155.9550 Rx 159.0750 Tone 15: 162.2 154.3100 Rx and Tx Tone: 82.5 155.0250 RX and Tx Tone: 127.3 RADIO CHANNEL PRIMARY WILDLAND TAC SECONDARY WILDLAND TAC NON WILDLAND FIRE TACs PRIMARY MEDICAL AID TAC CAL FIRE­ SLO County CAL FIRE TAC2 CAL FIRE TAC7 CAL EMA WHITE TACs CAL CORD 151.1600 Rx and Tx ! 151.2950 Rx and Tx WHITE 2 154.2650 Rx and Tx WHITE 3 154.2950 156.0750 Rx and Tx Page 12 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 31 Packet Pg. 204 Item 6 RESOURCE AVAILABILITY Agencies are not obligated to send resources to an incident if it depletes resources below an acceptable level as determined by their duty chief. If resources are unable to respond, immediate notification shall be made directly to appropriate Dispatch Center. JOINT TRAINING All parties to this Agreement shall schedule and participate in joint training exercises at mutually agreed upon times and locations in order to insure that optimum performance levels are maintained. TERMS OF AGREEMENT Agencies agree to implement this Operational Plan and Agreement as of the date of the last signature and is effective until either party requests an update, revision or cancelation. Both parties agree to meet periodically to review the plan. AUTHORIZED AGREEMENT SIGNATURES By signature below each Agency certifies that the individual listed is authorized to execute this agreement. -..~c..-;:.-.-_,-I..~:.-.-___.___ Date: 2--Z. t -I Z- Robert Lewin, Chief CAL FIRE/San Luis Obispo County Fire Department _~""""'-~==.:::.< p..t.""'""'~__..e=::..__"--",,,¥:il..,<.o:..,' Date: Z-21-IZ­( Charles Hines, ~hief San Luis Obispo Fire Department Page 13 of 13 January 30, 2012 Version ATTACHMENT E OPERATIONAL PLAN AND AGREEMENT FOR AUTOMATIC AID 32 Packet Pg. 205 Item 6 STATE OF CALIFORNIAOFFICE OF THE DIRECTOR - RESEARCH UNITDEPARTMENT OF INDUSTRIAL RELATIONSP.O. Box 420603, San Francisco, California 94142http://www.dir.ca.gov/OPRLCONSUMER PRICE INDEX - CALIFORNIALos Angeles-Riverside-Orange Co., San Francisco-Oakland-San Jose, San DiegoUnited States City Average, 2016-2017All Items1982 - 1984 = 100Year & Month All Urban Consumers Urban Wage Earners and Clerical WorkersCaliforniaaLos AngelesbSan FranciscobSan DiegobU.S. CitybCaliforniaaLos AngelesbSan FranciscobSan DiegobU.S. CitybRiverside OaklandAverageRiverside OaklandAverageOrange Co. San JoseOrange Co. San Jose2016 January- 247.155 b236.916 - 238.609 b231.061February 252.649 247.113 262.600237.111 243.748 238.262 257.141230.972March - 247.873 b238.132 - 239.146 b232.209April 254.134 248.368 264.565239.261 245.321 239.536 259.386233.438MayR/249.554 bR/240.229R/240.320 bR/234.436June R/255.576 R/249.789 266.041 272.628 R/241.018 R/246.505 R/240.522 261.017 256.287 R/235.289JulyR/249.784 bR/240.628R/240.580 bR/234.771August R/256.097 R/249.700 R/267.853R/240.849 R/246.735 R/240.267 R/262.326R/234.904September - 250.145 b241.428 - 240.851 b235.495October 257.836 251.098 270.306241.729 248.408 241.932 264.026235.732November - 250.185 b241.353 - 240.809 b235.215December 256.953 250.189 269.483 276.837 241.432 247.411 240.846 263.222 259.893 235.390Annual Average 255.303 249.246 266.344 274.732 240.007 246.184 240.140 260.830 258.090 234.0762017 January- 252.373 b242.839 - 242.735 b236.854February 260.111 253.815 271.626243.603 250.485 244.254 265.569237.477March - 254.525 b243.801 - 244.932 b237.656April 261.850 254.971 274.589244.524 252.316 245.417 268.896238.432May - 255.674 b244.733 - 246.153 b238.609June 262.286 255.275 275.304 281.561 244.955 252.839 245.900 269.508 264.456 238.813July - 256.023 b244.786 - 246.681 b238.617August 263.473 256.739 275.893245.519 253.874 247.260 269.827239.448September - 257.890 b246.819 - 248.550 b240.939October 265.472 258.883 277.570246.663 255.682 249.234 271.272240.573November - 259.135 b246.669 - 249.680 b240.666December 265.652 259.220 277.414 284.464 246.524 256.131 249.854 271.342 267.226 240.526Annual Average 262.802 256.210 274.924 283.012 245.120 253.244 246.721 268.990 265.841 239.0511/22/2018a Weighted average of the consumer price indexes for Los Angeles-Anaheim-Riverside and San Francisco-Oakland-San Jose. A conversion factor has been included for comparability of 1987 data with 1986 and prior years. Computed by the Department of Industrial Relations, Office of the Director - Research Unit from indexes issued by the U.S. Department of Labor.b Source: U.S. Department of Labor, Bureau of Labor Statistics. Beginning with January 1998 data, indices for San Francisco-Oakland-San Jose will be published bi-monthly on even months only (February, April, June, etc.). Beginning with the January 2007 data, indices published by the Bureau of Labor Statistics will be rounded to three decimal places (see http://www.bls.gov/cpi/cpithreedec.htm). The California indices conform to this change.R/ - Revised, See Explanation by the Bureau of Labor Statistics at http://www.bls.gov/bls/errata/cpi-price-corrections-10182016.htmATTACHMENT FConsumer Price IndexPacket Pg. 206Item 6