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RESOLUTION NO. R-2022-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-
YEAR CONTRACT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND
FIRE PROTECTION (CAL FIRE) FOR PISMO BEACH FIRE DEPARTMENT STAFFING AND OPERATIONS SERVICES IN THE AMOUNT OF $9,010,236 FOR FISCAL YEARS 2023 THROUGH 2025
WHEREAS, the City's fire services have been provided by the California Department of Forestry and Fire Protection (Cal Fire) since 2001 when the City transitioned from a City fire department to Ca! Fire; and
WHEREAS, Cal Fire proposes a three-year agreement for Fiscal Year (FY) 2023 through FY 2025 in the total not -to -exceed amount of $9,010,236 over the three-year period, or $2,928,657 in FY 2023, $3,002,796 in FY 2024, and $3,078,782 in FY 2025; and WHEREAS, the three-year agreement has been updated to reflect the current operations of CalFire for the City since the original FY 2017 through FY 2021 was negotiated, including the elimination of the Reserve Firefighter Program and the updated three - person staffing level on the Station 64 engine during peak fire, tourism, and special events season of approximately May through October. Overall, this does not change the service level since FY 2021; and
WHEREAS, the City's FY 2023 General Fund Fire Department Cal Fire contract budget has sufficient funds to support the first year of the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the City Manager to enter into a three-year contract with the California Department of Forestry and Fire Protection (Cal Fire) (in substantially the form depicted in Exhibit A) in the amount of $9,010,236 for Fiscal Years 2023 through 2025.
UPON MOTION OF Council Member Blake, seconded by Mayor Pro Tem Reiss, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this Ph day of June 2022, by the following vote:
AYES: 5 Blake, Reiss, Guthrie, Newton, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approv-
A
Ed Waage, Mayor
Attest:
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derlied, City Clerk
PAGE 1 OF 21
R-2022-055
1 COOPERATIVE FERE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV 3r2022
AGREEMENT NUMBER
3CA05752
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
Califomia Department of Forestry and Fire Protection — (CAL FIRE)
LOCAL AGENCY'S NAME
City of Pismo Beach
2. The term of this Agreement is: July 1, 2022 through June 30, 2025
3. The maximum amount of this g 9,010,236
Agreement is: Nine million, ten thousand, two hundred thirty-six dollars and 00(100
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference mai part of the Agreement.
Exhibit A-- Scope of Work— Includes page 2 (contact page) in count for Exhibit A 4 Exhibit B — Budget Detail and Payment Provisions 2
Exhibit C — General Terms and Conditions 7
Exhibit D —Additional Provisions 10
Exhibit E — Description of Other Services 1E
IN WITNESS WHEREOF. this Agreement has been executed be the parties hereto,
LOCAL AGENCY
LOCAL AGENCY'S NAVE
City of Pismo Beach
6Y (AWlmzetl Siplehuel
DATE SIGNED(Do ne type)
PRtNTED NAIE AND TITLE CF PERSON SIGNING
Jim Lewis, City Manager
ADDRESS
760 Matte Rd. Pismo Beach, CA 93449
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (AIRhMied Signature)
DATE SIGNED(Do eat type;
PRINTED HASO Af10 TITLE OF PERSON SIGNING
Brat Canoe, AAraclanl Deputy Dingell. Coaperea a Fre Protecton, Solely Tremnq, end EMS ADDRESS P 0 Der 944246, SaeuMnenb. CA 912442460
Cohlornia Department of
Services Use On!
Contractor Name: City of Pismo Beach
Contract No : 3CA05752
Page No 2
EXHIBIT A
COOPERATIVE FIRE PROGRAMS
FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:
CAL FIRE Unit Chief: San Luis Obisbo Unit Local Agency: City of Pismo Beach Name: Eddy Moore Name: Jim Lewis
Phone: (805)543-4244 Phone: (805) 773-7007
Fax: (805) 543-4248 Fax: (805) 773-7065
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed 1o:
CAL FIRE Unit Chief: Eddy Moore Local Agency: Jim Lewis Section/Unit: San Luis Obispo Unit Section/Unit: City Hall Attention: Suzi Cain Attention: Jim Lewis
Address: 1150 Laurel Lane Address: 760 Matte Rd.
Suite 175 Pismo Beach, CA 93449
San Luis Obispo, CA
93401
Phone: (805) 543-4244 Phone: (805) 773-7007
Fax: (805) 543-4248 Fax: (805) 773-7065
Send an additional copy of all correspondence to:
CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460
AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.
PAGE 2 OF 21
R-2022-055
Contractor Name City of Pismo Beach
Contract No 3CA05752
Page No : 3
EXHIBIT A
SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.
The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board's established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid -call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.
To comply with the STATE's mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.
1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local. county and state levels.
Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake. terrorist incident, etc.); emergency medical and rescue response; and public service assistance, Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
® 2) Basic Life Support Services: emergency medical technician (EMT) €evel emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
❑ 3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. ® 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE wil! be responsible for fire/emergency Contractor Name. City of Pismo Beach
Contract No 3CA05752
Page No: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 2417 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
® 8) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week, Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE's Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
® 6) Land Use/ Pre -Fire Planning Services — CAL FIRE staff will provide community land use planning, administration of Pre -Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. ® 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attachedN hereto and made a part of this agreement) LL
® 8) Specific service descriptions and staffing coverage. by station (listed in Exhibit E, O Description of Other Services, attached hereto and made a part of this agreement) (Y7 ® 9) Extended Fire Protection Service Availability (Amador)
2. ADMINISTRATION
w
0 Under the requirements of California Public Resources Code Section 4114 and other provisions ofa' taw, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.
A Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry -related programs.
B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.
C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A. B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.
1 Contractor Name. City of Pismo Beach
Contract No 3CA05752
Page No 5
E The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.
F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.
G. Nothing herein shall atter or amend or be construed to atter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of Califomia and its employees under the State Employer -Employee Relations Act.
3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.
In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY_
4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.
In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.
5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.
All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.
Contractor Name. City or Pismo Beach
Contract No 3CA05752
Page No G
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.
B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.
C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. r 3) For actual services rendered by STATE during the period January 1 through March' 31, by an invoice filed with LOCAL AGENCY on or after March 31_ LL 4) For the estimated cost of services during the period April 1 through June 30, by an° invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following thew close of the Fiscal year, reconciling the payments made by LOCAL AGENCY with( the cost of the actual services rendered by STATE and including any other costs< as provided herein, giving credit for all payments made by LOCAL AGENCY ands claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when' a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.
D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.
When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits- "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.
R 2022-055
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non -post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.
2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or famishing such property or equipment unless otherwise provided for herein or by separate written agreement.
3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.
B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein,
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.
E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.
F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.
Contractor Name: City of Pismo Beach
Contract No,: 3CA05752
Page No. 8
ELMS!
GENERAL TEBIT ANDC CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.
2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. if during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.
If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, ScheduleN A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within° one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is notes received by STATE within the period specified, STATE shall reduce services in its sole discrebonLL( to permit continued operation within available funds.
Q
3, ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in< part, without the consent of the STATE in the form of a formal written amendment. f1
4. EXTENSION OF AGREEMENT:
A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.
B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.
Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.
R-2022-055
Contractor Name: City of Pismo Beach
Contract No : 3CA05752
Page No.. 9
C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.
5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits. and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to arrow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person. firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.
7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator' who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE's Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY's Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.
8. TERMINATION FOR CAUSE/CANCELLATION:
A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.
Contractor Name: City of Pismo Beach
Contract No.. 3CA05752
Pagc No.. to
B_ This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year's written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one years written notice to the other party prior to cancellation.
9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY. in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.
10, NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference andN made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their/ obligations under this clause to labor organizations with which they have a collective bargaining° or other Agreement.
CO
In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter's Bill of Rights Act (FFBOR), and the Peacew Officer's Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply° with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its° employees are provided appropriate training. it
11. TIMELINESS: Time is of the essence in the performance of this agreement.
12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE's expenses incurred in the performance hereof. including travel, per Diem, and taxes, unless otherwise expressly so provided.
13. GOVERNING LAW. This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
14. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:
A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Califomia Employment Development Department." R-2022-055
Contractor Name- City of Pismo Beach
Contract No.; 3CA05752
Page No.. I I
15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby,
16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA1
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. 11 is the LOCAL AGENCY'S responsibility to determine their status as a "covered entity" and the relationships of personnel as 'health care providers", "health care clearinghouse", "hybrid entities", business associates", or "trading partners". STATE personnel assigned to fill the LOCAL AGENCY'S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY'S status. It is the LOCAL AGENCY'S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the ad_
17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self -insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.
Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:
A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.
B. Dispatch services — Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.
C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured's for purposes of this contract.
D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.
18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees' workers compensation is included as part of the contract personnel benefit rate).
A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws. rules, insurance policies, collective bargaining agreements. and memorandums of understanding.
Contractor Name City of Pismo Beach
Contract No., 3CA05752
Page No-, 12
B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.
C. The STATE (LOCAL AGENCY shall receive proof of Worker's Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1
19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.
Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contradoru_ with any state agency to provide goods or services.
Former State Employees (Public Contract Code §10411):
0 1) For the two-year period from the date he or she left state employment, no former state oiceril,j or employee may enter into a contract in which he or she engaged in any of the negotiations,( transactions, planning, arrangements or any part of the derision -making process relevant to< the contract while employed in any capacity by any state agency. 0_ 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e)) 20_ LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis
1 Contractor Name City of Pismo Beach
Contract No 3CA05752
Page No. 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA, (42 U.S.C. 12101 et seq.)
22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY'S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 23, RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order. motion, or ordinance of the local goveming body which by law has authority to enter into an agreement, authorizing execution of the agreement.
24. AIR OR WATER POLLUTION VIOLATION: Under the Stale laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions: or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 25, AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY'S Affirmative Action Program for Vendors.
26. DRUG AND ALCOHOL -FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE's Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.
27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.
STATE shall comply with any applicable "Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services." There shall be "Zero Tolerance" for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.
Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.
28. CONFIDENTIAL INFORMATION, "Confidential information' means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq,) Confidential Information includes but is not limited to ail records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.
Any exchange of Confidential Information between parties shall not constitute a "waiver" of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Contractor Name. City of Pismo Beach
Contract No 3CA05752
Page No. 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on al! of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach
29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.
PAGE 8 OF 21
Contractor Name: City of Pismo Beach
Contract No . 3CA05752
Page No 15
EXHIBIT D
ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supped pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.
Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):
❑ A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE -owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.
• 8. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.
• C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.
❑ D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency -owned vehicles that may be a part of the agreement.
LOCAL AGENCY -owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 6 and 13.
California Code of Regulations.
LOCAL AGENCY -owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such polices, LOCAL AGENCY -owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit O, Schedule D.
Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY -owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.
LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY -owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY -owned vehicles operated or used by employees of STATE under this agreement.
Contractor Name. City of Pismo Beach
Contract No. 3CA05752
Page No. 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE -owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.
E. Certification of Insurance - Provider Insurance Certification and/or proof of self- insurance.
PAGE 9 OF 21
R-2022-055
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Contractor: San Luis Obispo County
Contract No: 3CA05752
Page: 23
EXH1BLT D SCHEDULE la
STATE -FUNDED
RESOURCE$
ADMINISTRATIVE PERSONNEL
1 Unit Chief
1 Deputy Chief
1 Division Chief, Administration
1 Associate Governmental Program Analyst
1 Senior Personnel Specialist
3 Staff Services Analysts
4 Office Technicians
OPERATIONS PERSONNEL
2 Division Chiefs, Operations
5 Battalion Chiefs, Field Battalions
1 Battalion Chief, Air Attack
1 Battalion Chief, Law Enforcement
1 Battalion Chief, Emergency Command Center
1 Battalion Chief, Camarillo Fire Center
1 Battalion Chief, Toro Fire Center
1 Battalion Chief, Ventura Training Center
25 Fire Captains
12 Fire Captains (Cuesta Conservation Camp)
12 Fire Captains (Ventura Training Center)
1 Fire Captain, Law Enforcement
5 Fire Captains, Emergency Command Center
12 Fire Apparatus Engineers
100 Firefighters (Fire Season)
11 Fire Crews (Conservation Camps)
8 Heavy Fire Equipment Operators
o SUPPORT PERSONNEL
.. 1 1 Battalion Chief, Training
2 Forestry Logistics Officer
1 Fleet Manager
5 Heavy Equipment Mechanics
FIRE PREVENTION PERSONNEL
1 Unit Forester
1 Battalion Chief, Fuels Reduction
2 Forestry Assistants (DSIs)
1 Fire Captain, Pre -Fire Planning
1 Fire Captain, Fuels Reduction
1 Fire Apparatus Engineer, Fuels Reduction
PAGE 12OF21
R-2022-055
1 Fire Prevention Specialist
9 Forestry Technicians. Fuels Reduction
1 Forestry Technician, Defensible Space Inspector
FACILITIES
Cambria, Station #10
Camarillo Fire Center
Cayucos, Station #11
Cuesta Camp & Shop
Estero Bay, Station #16
La Panza, Station #41
Las Tables, Station #35
Los Robles Station #98 & Shop
Nipomo, Station #20
Paso Robles, Station #30
Parkhill, Station #40
VEHICLES
34 Fire Mission
20 Support
Contractor: San Luis Obispo County
Contract No: 3CA05752
Page: 24
Paso Robles Air Attack Base
San Luis Obispo Emergency Command Center
San Luis Obispo Unit Headquarters
San Luis Obispo Unit Warehouse & Shop
San Luis Obispo, Station #23
Shandon, Station #51
Toro Fire Center
Ventura Training Center & Shop
Contractor. City of Pismo Beach
Contract No: 3CA05752
Page: 25
EXHIBIT D, SCHEDULE C
LOCAL FUNDED RESOURCES
ASSIGNED TO THE CAL FIRE UNIT
ATTACHMENT
CITY OF PISMO BEACH SCHEDULE C BUDGET
Account Amount
Account Description
Temporary Selanes 180,328.77
Benefits 174.283.76
Interagency Contracts 13 035.00
Contract Services 26,000.00
Phone 6,000.00
Gas 1,100.00
Internet 5,400.00
Travel & Meetings 9,150.00
Misc Schools & Training 9.875.06
Membershp&DuesrAssociat 1,575.00
Office Suppler 4,300.00
Computer Supplies 1000,00
Subscriptions & Books
Rec. Programs
Operating Supp & Maint
Radio Maintenance
BIdg&Grounds Oper S&M
MV Operations
Technology Costs
Cap Outlay -Mach & Equip
Total
2,854.88
21,350.00
57,443.00
I,000.00
7,472.00
123 925.00
35,874.00
4,500 00
666,466.41
PAGE 13 OF 21
R-2022-055
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 26
EXHIBIT E
DESCRIPTION OF OTHER SERVICES
Scope of Services
Service Level Agreement
and
Clarification of Responsibilities
This Fire Protection Agreement is between The Califomia Department of Forestry and Fire Protection (CAL FIRE) and the City of Pismo Beach (City).
A. SERVICE DELIVERY MODEL
The services provided under this agreement will be delivered through a consolidated regional delivery model. This model provides immediate, mutually -beneficial fire protection, rescue. and other emergency services to the City and to all areas protected by the CAL FIRE San Luis Obispo Unit, San Luis Obispo County, the Avila Beach Community Services District, and the Los Osos Community Services District.
The dosed fire and emergency resources, regardless of agency, will respond to calls within the City.
Likewise, when City fire and emergency resources are closest. they will respond to calls outside the City.
This agreement is for a defined 'Level of Service', not a set number of employees. The Level of Service in the agreement describes the services to be provided and standards for the delivery of services. CAL FIRE will assign appropriate qualified personnel to deliver this Level of Service solely at CAL FIRE's discretion.
All permanent, limited -term, and seasonal personnel providing services under this agreement wit be CAL FIRE employees, assigned, supervised and managed by CAL FIRE, In addition. CAL FIRE employees will assign, supervise and manage all Pismo Beach Lifeguards and Junior Lifeguards, CAL FIRE Volunteer/Paid-Call Firefighters, and others working for the department.
CAL FIRE staff are trained and experienced in managing all aspects of fire department and emergency services operations, All decisions will be based on providing the best fire protection services to the City.
The City will reimburse CAL FIRE far the actual cost of providing services under this agreement. The maximum costs for those services are listed in Schedule A of the agreement. The total cost shown in Schedule A is a Not to Exceed' amount. and CAL ARE will only invoice the City for actual costs. Some of the services described below are not listed in Schedule A, and include a designation of the cost of those services, For those services without such a designation, CAL FIRE will attempt to provide the services at no cost to the City. If additional charges are necessary, CAL FIRE will notify the City in advance. In such cases. an amendment to this agreement maybe necessary.
E. FIRE DEPARTMENT ADMINISTRATION
Pismo Beach Fire Chief
The CAL FIRE Unit Chief will serve as Fire Chief of the City of Pismo Beach. The Fire Chiefs role will be to manage the department. including establishing policy and overseeing the performance of this contract. The Fire Chief will report directly to the Pismo Beach City Manager.
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 27
The Fire Chief will have responsibility for assigning professional CAL FIRE staff to carry out the operation of the Fire Department, and will have the authority to delegate responsibilities as he or she sees fit.
While the Fire Chief will have overall responsibility for the Fire Department. he or she will not have a daily presence in the City.
CAL FIRE will provide this position at no cost to the City.
Pismo Beach Duty Chief Coverage
CAL FIRE will provide 24-hour Duty Chief coverage, usually with a Division Chief or above. The Duly Chief is responsible for daily operations of the entire Department, including Pismo Beach, and can be contacted immediately via the assigned Duty Chief phone number and by contacting the Emergency Command Center,
CAL FIRE will provide this position at no cost to the City.
Pismo Beach Battalion Chief
The Fire Chief will assign a CAL FIRE Battalion Chief 10 serve es the Pismo Beach Battalion Chief This individual will
• Be the designated Department Head of the Pismo Beach Fire Department; • Be the first point of contact for the City Manager regarding issues related to Fire Department operations, emergency planning, and CAL FIRE administrative or operational coordination:
• Work closely with the City Manager and other City Department Heads on routine policy, supervisory. administrative, and operational matters;
Be responsible for supervision of day-to-day Fire Department operations, emergency response, training, and preparedness; and,
• Be directly supervised by the CAL FIRE Division Chief.
The Pismo Beach Battalion Chief will also have responsibilities for programs and emergency response outside of the City, and will at times not be available to the City. CAL FIRE will have the option of assigning a Cover Battalion Chief when and if this occurs.
The City will reimburse CAL FIRE for City -related unplanned overtime costs. In addition, the City will provide office space, command vehicle, operating supplies and support for this position.
Fire Department Administrative Assistant
CAL FIRE will employ an individual in the state Office Technician classification to serve as Administrative Assistant to the Pismo Beach Baltalion Chief. This individual will:
• Assist with Fire Department administrative activities. • Interact with the members of the public in person and over the phone; • Work closely with administrative staff in other City departments:
• Carry out tasks assigned by the Pismo Beach Battalion Chief: and. • Be directly supervised by the Pismo Beach Battalion Chief.
This position is included in Schedule A. The City will provide office space, operating supplies and support for this position.
PAGE 14 OF 21
R-2022-055
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 28
CAL FIRE San Luis Obispo Unit Staff
Unit staff. including the Deputy Unit Chief, Division Chiefs, Battalion Chiefs, and support staff will provide basic support under this agreement. A complete range of services beyond the basic level is available, including personnel management, training, fleet management, fire prevention. telecommunications support, dispatch, pre -fire planning. and forestry. If the City requests services beyond the basic level. the City will reimburse CAL FIRE for the cost of those services.
Fire Department Administration Performance Standards
CAL FIRE will provide services in accordance with the following performance standards:
1. The Pismo Beach Battalion Chief, or a designee, will attend Department Head and City Council meetings, when available.
2. The Fire Department office al Pisrno Beach City Hal will be open Monday Through Friday, from 8:00 a.m. to 5:00 p.m. and staffed by the Administrative Assistant. Fire Inspector, or a Chief Officer.
Exceptions to this standard will include holidays and absences due to required emergency assignments, training or approved leave.
3. Fire Department employees will be assigned by the Pismo Beach Battalion Chief to the City Emergency Services Committee, Traffic Safely Committee and Special Events Committee.
4. The Fire Department budget will be developed and submitted in accordance with the requirements of the City Manager and City Council, and will include personnel and operating expenses necessary to deliver the level of service defined by the City Council.
5. All CAL FIRE employees providing service under this agreement will be qualified to provide those services. trained to meet all current or anticipated safety standards, and will meet alt required health and medical standards.
6. Purchasing, warehousing, and distribution of Fire Department equipment and supplies will be the responsibility of the Fire Department_ The City will have the option of purchasing equipment and supplies by utilizing CAL FIRE purchase contracts or through the City's own purchasing system.
7. Fire Department policies and guidelines will be developed using standards approved and adopted by the City of Pismo Beach and by CAL FIRE. CAL FIRE standards and policies will apply to all CAL FIRE personnel matters.
C. PERSONNEL MANAGEMENT
CAL FIRE will provide state civil service employees needed to manage state personnel providing services under this agreement. These employees will be under the sole direction and administration of CAL FIRE.
All payroll and employment processes will be administered by CAL FIRE.
The Pismo Beach Battalion Chief, with assistance from other CAL FIRE Battalion Chiefs and Division Chiefs, will assume day-to-day supervision responsibilities of all department employees All assigned CAL FIRE Chief Officers will be qualified in personnel management, personnel supervision, and legal mandates relating to employees.
Contractor Name, City of Pismo Beach
Contract No.: 3CA05752
Page No: 29
The Pismo Beach Lifeguards will remain temporary help employees of the City of Pismo Beach, govemed by City policies and supervised and administered by CAL FIRE. Their payroll and employment processes will be administered through the City Personnel Department, The City will cover labor costs for Fire Department employees. including assigned CAL FIRE employees, 10 participate in training, testing, etc. and the cost of covering shifts behind those employees. CAL FIRE will cover all other costs for management of CAL FIRE personnel.
Personnel Management Performance Standards
CAL FIRE will provide services in accordance with the following performance standards:
1 _ CAL FIRE will provide all recruitment, testing, hiring, training and scheduling of career fire department employees needed to deliver the level of service described above.
2. CAL FIRE will schedule employees to ensure consistent staffing per the level of service, taking into account vacations, holidays, sick leave, mandatory training, and requests for specialized training,
3. CAL FIRE will be responsible for all labor relations including labor negotiations and grievance handling.
4. CAL FIRE will develop, implement, and maintain a Respiratory Protection Program as per CAL OSHA regulations.
5. CAL FIRE will develop, implement, and maintain an Illness and Injury Prevention Program as per CAL -OSHA regulations.
6. CAL FIRE will be responsible for all administrative supervision, work location assignments. career development and employee discipline.
7. CAL FIRE will provide an Employee Assistance Program for ail career staff.
8. CAL FIRE will conduct -reasonable suspicion" drug testing program for staff subject to testing requirements_
D. EMERGENCY SERVICES
As stated above. the services provided under this agreement will be delivered through a consolidated regional delivery model. This model reduces the time involved in responding to emergencies by dispatching the closest resource.
Services under this agreement will be provided through a combination of CAL FIRE personnel and Pismo Beach part-time employees, including Lifeguards. As utilized here. 'CAL FIRE personnel' include CAL FIRE career and seasonal firefighters, along with reserves and votunteerlpaid-call firefighters from other fire departments contracting with CAL FIRE.
All personnel will be trained and certified in appropriate levels of fire protection services commensurate with the values at risk and known hazards.
PAGE 15 OF 21
R-2022-055
Contrador Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 30
Emergency services under this agreement include:
• Firefighting, including structure, vehicle, wildland, pier, and other fires:
• Emergency medical services at a Basic Life Support level; • Rescue services including surf, cliff, water, trench, building collapse, and others:
• Vehicle accident rescue, including extrication; and,
• Hazardous materials response.
Emergency Services Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The Department will respond to emergency calls within the City. with an operational goal for the first unit to arrive in less than five (5) minutes from the time of dispatch. 95% of the time. which is consistent with the City of Pismo Beach General Plan.
2. Scheduled Staffing Level - CAL FIRE will schedule a daily minimum of four (4) trained and qualified career firefighters, 24-hours per day. in Pismo Beach. CAL FIRE wit ensure optimum staffing Levels are achieved whenever possible. Scheduled staffing by station is shown below Schedules
Bello Street Stn 64
Shell Beach Stn 63
Non -Fire Season
City Engine
Two - CAL FIRE Fire Captains or
Fire Apparatus Engineers
City Engine
Two - CAL FIRE Fire Captains or
Fire Apparatus Engineers
Fire Season
City Engine
Three - CAL ARE Fire Captains or
Fire Apparatus Engineers
State Engine
One -GAL FIRE Fire Captains or
Fire Apparatus Engineers
Two — Fire Fighter I's
3. The City Is designated as a "must cover" area and CAL FIRE will dispatch resources through "move up" or 'call back" if there is not an immediately available fire engine in the City for more than 15 minutes. Regardless of actual staffing, CAL FIRE will ensure that adequate resources are dispatched to ati incidents which occur within the City. even it those resources are from other areas or other departments.
4. Seasonal Staffing Differences — staffing at each Pismo Beach Fire Station is funded differently under this contract, and each is therefore subject to different staffing considerations.
Staffing at the Bello Street Fire Station (Station 64) is fully funded by the City, on a year-round basis_ Shell Beach Fire Station (Station 63) staffing is only partially funded by the City. with the majority of staffing funded by CAL EIRE. This type of staffing is referred to as "Amador Plan" staffing, as outlined in Public Resources Code section 4144. Under this staffing model, the station has a primary mission of responding to wildland fires in state jurisdiction areas. When not involved with state mission responses. firefighters are available to respond to emergencies within the City. 5, Battalion Chiet(s) and/or Division Chiefs) will respond to all appropriate emergency calls 24 hours per day, seven days per week. "Appropriate" calls include greater alarm and comptex incidents, and will be pre -identified in response plans.
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
Page No: 31
6. A CAL FIRE Chief Officer will respond ill the City of Pismo Beach's Emergency Operations Center (EOC) when requested by the City through the Unit's Emergency Command Center (ECC).
7. CAL FIRE will provide qualified Fire Department Public Information Officers to emergencies when appropriate.
B. CAL FIRE will provide Fire Department Safety Officers to emergencies when appropriate.
9. CAL FIRE will develop and implement mutual and automatic aid agreements and interagency mutual aid training exercises including:
Five Cities/South County Automatic Aid Agreement
• San Luis Obispo Agency Mutual Aid Agreement
• California Fire Services Mutual Aid Agreement
• Diablo Canyon Power Plant exercises
• Mutual training exercises with all south county fire agendes. 10 CAL FIRE will represent the City's interests on the County EMSA Operations Committee. the County's Disaster Planning Advisory Committee. and the County Fire Chiefs Association as well as various ad hoc working groups intended to maintain and/or improve emergency response. disaster planning, or fire and fife safety issues on a regional or county -wide scale.
These positions are included In Schedule A,
E. FIRE PREVENTION AND INVESTIGATION
The CAL FIRE San Luis Obispo Unit Fire Prevention Division is responsible for four primary functions:
Fire Protection Planning, Law Enforcement, Information and Education, and Hazard Reduction. Services provided under this agreement by the Division will be delivered by staff members who are trained and/or certified in these functions.
Within the Division is the Unif Fire Marshal. a Battalion Chief. whose primary focus is on fire and life safety concerns of the department. The Fire Marshal directs Division staff and is charged with updating and enforcing fire regulations. Law enforcement and arson investigations are conducted by CAL FIRE Peace Officer Standards and Training (POST) -certified Peace Officers and Public Officers.
Division staff maintain close working relationships with the County Distract Attomey's Office, local law enforcement agencies, and local planning and building departments.
Pismo Beach Fire Captain/Inspector
The Fire Chief will assign a CAL FIRE Fire Captain to serve as the Pismo Beach Fire Inspector. This individual will:
• Review fire safety plans and on -site inspections for commercial developments, single-family dwellings, parcel maps, and other projects
• Enforce locally -adopted versions of the California Fire Code (CFC) along with related State and Municipal codes
• Conduct fire and life safety code compliance inspections of regulated properties and events. including car shows, temporary tent structures, and fireworks and other pyrotechnic displays • Provide staff support and expertise to community groups focusing on fire prevention and safety
• Be directly supervised by the Unit Fire Marshal and coordinate with the City Battalion Chief.
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Contractor Name: City of Pismo Beach
Contrail No.: 3CA05752
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This position is included in Schedule A. The City will provide office space. operating supplies and support for this position.
Fire Prevention and Investigation Performance Standards:
CAL FIRE will provide services according to the following performance standards:
1. CAL FIRE will make fecommendations to the City, coordinate adoption of appropriate California Fire Code and appropriate Municipal codes.
2. CAL FIRE will develop a Comprehensive Fire Prevention Strategy that addresses:
• Fire Prevention permit and fee process
▪ Fire Prevention inspeilion program
• Built -In fire protection strategy
3. CAL FIRE will conduct Fire Safety Plan Checks on new construction within the City. Appropriate fire safety laws wilt be utilized under current City ordinance and adopted fire code. Design reviews and construction plan reviews will be conducted prior to construction. On -site inspections will occur during construction with a final inspection completed at the end of construction. This process will be coordinated with City Community Development Staff, Engine companies will assist the inspector in completing inspections for new construction when needed.
4. The Unit Fire Marshal, City Battalion Chief, and staff will work closely with the Pismo Beach Community Development Department and Planning Commission in review of new subdivisions, water systems, development, building plan review, and inspection of existing public occupancies that are regulated and come under the authority of the adopted fire code.
5. CAL FIRE will conduct occupancy Inspections on commercial occupancies within the City. identifying target hazards such as schools, hotels. public occupancies, and the pier. These inspections will be coordinated with the business community to minimize disruptions and impacts.
The engine companies will assist in inspections on commercial occupancies. Afire inspection form may be instituted spedfic to the type of occupancies. and will be available to the public for pre - inspection use.
6. CAL FIRE will aggressively work to preserve or enhance the existing Insurance Services Office (ISO) rating. This rating is based on a number of fire department components including training, staffing, equipment, dispatch and municipal water systems and is used as a factor in determining fire insurance rates for insurance customers.
7. CAL FIRE will conduct Special Event Fire Safety Inspections as necessary. This will include fireworks display inspections, inspections of temporary structures and maximum occupancy inspections of event venues. The Unit Fire Marshal, or designee, will perform these inspections.
8. CAL FIRE will conduct the Fire Hazard Abatement Program, commonly referred to as Weed Abatement. annually in the spring. Lots that pose a fire threat will be targeted for compliance with City ordinances. The fire prevention staff will be responsible for the administrative support for the project and either the engine company or fire prevention staff will conduct field checks. Those lots failing to comply with the ordinance will be referred to the Fire Marshal for further action andeor a contractor will be hired 10 mow the lot with the owner being billed using existing City procedures.
Contractor Name: City of Pismo Beach
Contract No,: 3CA05752
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9. A CAL FIRE Peace Officer or Public Officer will enforce fire laws. A trained engine company officer will conduct preliminary investigations of all Fires. A qualified fire investigator will investigate any fires that have a large dollar lass. injury or death or are suspicious. The Fire Department will investigate arson fires in full cooperation with the Pismo Beach Police Department.
10. CAL FIRE will provide comprehensive Fire Safety Education to the residents of the City. This will include public safely messages, school programs, community event displays and public presentations. The school programs will include visits to private and public preschool and primary grade children. Fire station tours will also be available. 11_ CAL FIRE Public Information Officers will be provided on complex incidents and fire department scheduled events. These trained personnel will be there to represent the interests of the Fire Department as well es the City of Pismo Beach.
12. CAL FIRE will maintain department -related information on the GAL FIRE Unit web page with links to and from the City of Pismo Beach web site. A sub -page will be created exclusively outlining the fire department in the City of Pismo Beach. This will include fire safety tips, inspection information and general information about the fire department and the City of Pismo Beach. The page will be located at wwwcatfireslo.org.
13. CAL FIRE Geographical Information System (GIS) support will be utilized in pre -fire planning, strategic planning and automatic aid agreement maps as available al a cost of service basis.
F. FLEET MANAGEMENT
CAL FIRE maintains two full -service fire apparatus maintenance and repair facilities. One is located in San Luis Obispo, and the other in Paso Robles. Repairs and maintenance are performed by fire equipment mechanics under the supervision of a Fleet Manager, who is a Stale -certified Fire Service Mechanic.
The City of Pismo Beach currently maintains City -owned fire apparatus through the City's corporation yard, with major maintenance occasionally performed through commercial shops. The fleet is composed of three fire engines. a rescue squad. a lifeguard vehicle, a can, staff vehicles and one rescue water craft.
The CAL FIRE Fleet Manager will work closely with the Pismo Beach staff on vehicle maintenance issues. CAL FIRE shops and personnel are available for assistance on a time and materials basis should the City request this service.
Should the City desire to contract with CAL FIRE for vehicle maintenance in the future, a modification to the proposed contract can be accommodated,
Fleet Maintenance Performance Standards:
CAL FIRE will provide services according to the following performance standards' 1 _ CAL FIRE will prepare equipment specifications for new equipment
2. CAL FIRE will ensure that daily, monthly, and yearly preventative maintenance inspections are performed.
3. CAL FIRE will ensure that CHP-mandated compliance inspections are completed.
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Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
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4. CAL FIRE will supervise repairs as needed. and remain within budgeted amounts
5. CAL FIRE will provide reserve equipment when needed in order to maintain a minimum of two fire engines are available within the City of Pismo Beach
6. CAL FIRE will coordinate maintenance and repairs with City Fleet Management staff The City will cover the costs for supplies and contractors, if any, needed to inspect, maintain and repair City -owned vehides.
G. DISPATCHING AND TELECOMMUNICATIONS SUPPORT
The CAL FIRE San Luis Obispo Unit Emergency Command Center (ECC) provides dispatch services to the Unit and to several local fire departments. The goal of the emergency dispatch system is to gel the appropriate first responder resources where they are needed, as quickly as possible. Accomplishing this goal is done through a continually -evolving system of policies. procedures. and plans. implemented through modem technology.
CAL FIRE staffs the ECC 24 hours -per -day with a Battalion Chief, Fire Captains, and Communications Operators, assisted by a dedicated group of volunteer/Paid Call Dispatchers. Together. they dispatch over 11.000 fire department emergencies per year, throughout the Unit. Computer Aided Dispatch (CAD) software plays a key role in the ECC's success, and utilizes GIS maps and fire department resource databases which are constantly being updated,
CAL FIRE is the designated fire and rescue mutual ald coordinator for all of San Luis Obispo County, processing and assigning resources based on requests for assistance during emergencies That are beyond the scope of local jurisdictions.
The Pismo Beach Police Department dispatch center is the Primary 9-1-1 'pubric service answering point' (PSAP) for Pismo Beach.
Communications Operator
CAL FIRE will employ an individual in the State Communications Operator classification to serve in the Unit Emergency Command Center. This individual will:
• Dispatch emergency resources to incidents throughout the Unit; • Interact with other agencies and members of the public over the phone, • Work closely with other ECC employees to minimize response times:
• Carry oul tasks assigned by the ECC Battalion Chief: and, • Be directly supervised by the ECC Battalion Chief.
This position is included in Schedule A.
Dispatching and Telecommunication Support Services Performance Standards CAL FIRE will provide services according to the following performance standards:
1. Pismo Beath Police Department Dispatch will continue as the primary 9-1-1 PSAP for Pismo Beach under this agreement.
Contractor Name: City of Pismo Beach
Contract No.: 3CA05752
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2. CAL FIRE and the City of Pismo Beach will use the Computer Aided Dispatch (CAD) CAD 10 CAD system electronic interface to expedite 9-1-1 call transfers to the CAL FIRE ECC.
3. Pismo Beath Police dispatchers will transfer or relay calls for fire service resources to the CAL FIRE ECC. Information between dispatch center -swill be sent using the CAD to CAD interface software.
4. CAL FIRE ECG staff will dispatch fire and emergency medical services, including Pismo Beach Fire resources, and make all notification to other agencies necessary to mitigate fires, rescues, medical emergencies and other incidents in the City.
• For fire or medical incidents that do not trigger the Emergency Medical Dispatch (EMD) protocol, Pismo Beach Police Department dispatch will "single button" transfer the E911 call to CAL FIRE ECC via the 911 trunk fine system,
For fire or medical incidents that do trigger the EMD protocol, Pismo Beach Police Department dispatch will still "single button- transfer the E911 call to CAL FIRE ECC via the 911 trunk line system, however they wilt stay on the line for interrogation of the calling party per EMD protocol while CAL FIRE completes the dispatch. • CAL F€RE will complete the dispatch of the appropriate Pismo Beach fire units within 60 seconds of completion of 911 transfers,
5. The City will participate in the CAL FIRE Mobile Data Computer (MDC) system. This system is used for receiving dispatch information. providing routing to an Incident, providing cammand and control tools and Automatic Vehicle Location (AVL) for digital resource identification. Costs for hardware, software and support of the system will be negotiated between the City and CAL FIRE, and will be bome by the City.
6. Pismo Beach -owned base station radios, handheld and mobile radios. and pagers rained by fire department response personnel will be configured at City expense to the CAL FIRE primary dispatch frequency and meet CAL FIRE standards,
7. CAL FIRE will maintain a dedicated phone line between dispatch agencies for advisements and information exchange.
8_ Pismo Beach Potice dispatch will be the coordination point for non -fire City resources and agencies necessary to mitigate a fire, rescue, or medical emergency. such as Public Works and other City staff.
9. CAL FIRE will be the coordination point for outside agencies to mitigate a fire, rescue, or medical emergency, such as other fire agencies through mutual and automatic aid agreements, MEDCOM for additional ambulances, and marine agencies including the Coast Guard and Port San Luis Harbor Patrol.
10. The above practice will apply unless a more appropriate method and practice is mutually agreed to that better achieves the goat of correctly and quickly dispatching the appropriate first responder resources.
11 _ CAL FIRE will be responsible for producing, validating, and updating Geographical Information System (GIS) based maps to ensure accurate dispatching for fire resources.
12. CAL FIRE will develop and maintain statistics and records of emergency calls within the City.
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13. CAL FIRE will maintain inventory and service records of Pismo Beach Fire Department telecommunications equipment_
14. CAL FIRE will maintain status -keeping of Fire Department resources_
15. CAL FIRE will provide a 24-hour point of contact for media contacts.
16. CAL FIRE will provide the City with access to radio frequencies licensed to the State of California,
17. CAL FIRE will provide Telecommunications Services support, including renewal of FCC licenses for the Fire Department.
H. TRAINING SERVICES
The CAL FIRE San Luis Obispo Unit Training Bureau is administered by 2 Battalion Chiefs and includes two full time Fire Captains and clerical support.
The Training Bureau maintains training facilities in Paso Robles, Los Osos and San Luis Obispo.
Facilities include classrooms, meeting rooms. a computer lab. and a drill grounds with live fire and rescue training props.
The Training Bureau conducts approximately 60 classes per year, totaling over 2,000 hours of instruction.
Courses include structure fire protection, emergency medical services, hazardous materials response. confined space rescue, surf rescue. cliff rescue, Incident Command System, various other State Fire Marshal courses, and National Wildfire Coordinating Group courses, as well as locally developed classes.
Students and instructors are primarily from San Luis Obispo County agencies. but also include individuals from throughout Califomia and surrounding states,
Additional training services are provided at the CAL FIRE Academy. located in lone. and through CAL FIRE Regional training programs located throughout the state.
CAL FIRE also has access to non -CAL FIRE training centers throughout the state and a wide variety of classes for Job -Required, Job -Enhancement, Career Development and Upward Mobility courses.
Training Services Performance Standards
CAL FIRE will provide services according to the following performance standards:
I. CAL FIRE will ensure that all members of the Pismo Beach Fire Department are trained and certified to the levels necessary 10 cany out the requirements of this agreement.
2. CAL FIRE will ensure That those providing training to the Pismo Beach Fire Department are qualified and and/or certified to provide that training.
3. CAL FIRE will participate in and conduct interagency training courses and drills with adjoining fire agency providers on a scheduled basis, in order to improve regional response efforts and interoperabllity of equipment and personnel.
4. CAL FIRE will evaluate each employee's training, education, and work experience to develop an appropriate Training Plan_ Training for employees will be based on identified needs.
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Contract No.: 3CA05752
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5. CAL FIRE will ensure that training provided emphasizes the types of responses typical for the City.
Examples of this training include surf rescue, cliff rescue, local orientation. hazardous materials, Diablo Canyon Nuclear Power Plant, rescue water craft, etc.
6. CAL FIRE will deliver training in a variety of fonnats, including periodic refreshers, continuing education, and re -certification drills and courses.
7. CAL FIRE will maintain training records in accordance with Cal -OSHA, CAL FIRE, and Pismo Beach standards,
B. CAL FIRE will develop and provide training to the Pismo Beach Fire Department's career firefighters. seasonal firefighters. lifeguards and junior lifeguards, and administrative staff.
9. CAL FIRE will provide administrative staff with training which will include the use of computers and software (word processing. spreadsheets, data bases, etc.). as well as administrative procedures. personnel management. and financial administration.
10. In addition to the training necessary to complete their duties, CAL FIRE will provide Lifeguards with orientation training necessary for their success as employees of the City.
11. CAL FIRE will evaluate appropriate local. regional. state and federal training programs to ensure that Pismo Beach receives the maximum benefit for its training expenditures.
I. LIFEGUARD PROGRAMS
The Lifeguard and Junior Lifeguard programs are important to the City of Pismo Beach. CAL FIRE recognizes the importance of these programs in providing for a safe and visitor friendly community, CAL FIRE will work closely with Pismo Beach City staff in maintaining and enhancing these programs, Current funding and staffing levels are contained within the existing City budget. The Lifeguards will remain temporary, help employees of the City of Pismo Beach managed by CAL FIRE. Their payroll and employment processes will be administered through the City personnel department.
Lifeguard Program Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The Lifeguard Program will be administered by CAL FIRE and managed on a day-to-day basis by a CAL FIRE company officer assigned to Pismo Beach
2. CAL FIRE will maintain an effective program with both Lifeguards and Junior Lifeguards
3. CAL FIRE wilt ensure that lifeguards maintain their skills through annual recertification of existing lifeguards and annual testing and interviewing of prospective lifeguards
4. CAL FIRE will annually conduct a lifeguard academy for all new lifeguards, in order 10 provide the skills needed to provide services
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5. CAL FIRE will staff the appropriate number of lifeguard towers during the season. typically Memorial Day through Labor Day
6. CAL FIRE will annually review coverage and provide a staff report and program assessment.
7. CAL FIRE will provide supervision, management and administration of the lifeguard program
8. CAL FIRE will administer payroll and time -keeping services, and Workers Compensation claims jointly with the City Manager. All Workers Compensation costs will be the responsibility of the City.
9. CAL FIRE will provide exposure to job opportunities within CAL FIRE and elsewhere.
10. CAL FIRE will menage Issuance of safety clothing and equipment.
11. CAL FIRE wilt annually conduct a Junior Lifeguard program at participation and duration levels determined by the City
12. CAL FIRE will annually review Junior Lifeguard program size, casts and associated fees, and provide a staff report on the program, with an assessment of needs_ J. FACILITIES
The City of Pismo Beach currently owns and operates two fire stations: Bello Street Fire Station (Station 64) and Shell Beach Fire Station (Station 63). A site for a future fire station has been identified, Administrative offices for the Fire department are located in City Hall. Five lifeguard lowers are located at various points on the beach.
CAL FIRE and the Cily of Pismo Beach agree that department facilities must be maintained. and improved if necessary, in order to ensure workplace health and safety.
Facilities Performance Standards
CAL FIRE will provide services according to the following performance standards:
1. The City will continue the existing Capital Improvement pro}ect for construction of a new fire station.
2. GAL FIRE and the City will work within budget constraints to improve working conditions in existing facilities.
3. CAL FIRE and the City will jointly review facilities to ensure suitability, adherence to codes and safe practices, and CAL -OSHA regulations.
4. CAL FIRE will provide staff reports with recommendations for changes to facilities and anticipated future needs.
5. CAL FIRE and the City will work within budget constraints to maintain facilities and coordinate repairs as needed.
6. GAL FIRE will continue to house the administrative office for the Fire Department in City Hall, unless both CAL FIRE and the City agree on a different location.
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Contract No.: 3CA05752
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7. The City agrees to cover all facility operating. maintenance and repair costs, including utilities,
8. The City agrees that because fire stations are residences for firefighters, they must be designed and equipped as such, including furniture and equipment for relaxation and recreation.
K. APPARATUS AND EQUIPMENT
Currently, the City owns three fire engines, one rescue vehicle, one rescue water craft, one cart, one utility vehicle, one lifeguard vehicle and one command vehicle assigned to the Pismo Beach Battalion Chief. CAL FIRE has numerous pieces of firefighting apparatus end equipment in its inventory which will be available to supplement that which is owned by the Cily.
Standards for personal protective equipment (PPE), including structural firefighting gear. helmets, gloves. boots, goggles, etc, are established for the protection of firefighters. GAL FIRE standards are set at or above nationally -accepted standards for these items. and will be utilized by the department in providing services under this agreement.
Apparatus and Equipment Performance Standards
CAL FIRE will provide services according to the following performance standards:
t. The City will continue to maintain adequate funding in a reserve account(s) for the replacement of vehicles, apparatus and equipment which have reached the ends of their useful lives.
2. The City agrees to plan for replacement of vehicles as follows:
• Fire engines on commercial chassis — replace every 15 years Fire engines on custom chassis — replace every 20 years • Rescue, utility and command vehicles — replace every five to ten years
3. Dedsions to actually replace vehicles, apparatus and equipment will be made by the City, with input frum CAL FIRE. However, GAL FIRE will have the authority to place vehicles. apparatus and equipment out of service if they are deemed unsafe by CAL FIRE at its sole discretion.
4. Self Contained Breathing Apparatus (SCBAs) are a key component in protecting firefighters working in hazardous environments. The City acknowledges the critical nature of SCBAs, and agrees to replacement of SCBAs and their component parts when they are no longer serviceable. no longer meet current CAL FIRE andior NFPA standards, or when their continued use presents a threat to firefighter safety.
5. The City agrees to cover ell costs for purchase. maintenance and replacement of vehicles. apparatus, equipment. tools, radios, SCBAs, and other PPE used by career firefighters. seasonal firefighters. lifeguards. junior lifeguards, and volunteers regularly assigned to the Pismo Beach Fire Department. The City shall not be obligated to cover costs of vehicles, apparatus. equipment. toots. radios. SCBAs, and other PPE used by career firefighters. seasonal firefighters. lifeguards, junior lifeguards, and volunteers who are regularly assigned to entities other than the Pismo Beath Fire Department.
6. CAL FIRE agrees that the City will maintain ownership of all items listed in item 5 PAGE 20OF21
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L. QUALITY ASSURANCE
CAL FIRE has systems in place to document, compile, and maintain statistics and records of many of its activities and programs. This information is utilized to analyze program effectiveness and fiscal responsibility. Information gathered is used at local and state levels.
Pursuant to the wishes of the City Council and/or City Manager, written formal reports can be provided, detailing the accomplishments and performance of the Fire Department. These reports include, but are not limited to, those listed below.
Quality Assurance Performance Standards
CAL FIRE will provide services according to the following performance standards:
1 _ CAL FIRE will provide the City with the following:
• Monthty Department status reports for the City Council as per City policy • Reports listing numbers of calls for service by type and average response times. • Statistical analyses of fire cause and fire preventionleducation focus. • After -action reports and critiques of significant or major incident activity. • Expenditure and fiscal reports.
• Reports to the City Council summarizing the accomplishments, activities, and programs of the Fire Department will be prepared and submitted as requested by Council or the City Manager.
CAL FIRE will provide these services at no cost to the City.
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