Meeting Date: 4/6/2015
City of Visalia
Agenda Item Transmittal
I Agenda Item Number (Assigned by City Clerk): 6.
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Agenda Item Wording: Approve Resolution 2015-09, authorizing the terms and conditions for portal to portal reimbursement from the State of California for Visalia Fire Department response away from official duty station and assignment to an emergency incident outside of City jurisdiction.
Deadline for Action: 4/6/2015
Submitting Department: Fire Department
Contact Name and Phone Number:
Dou McBee, Fire Chief, 713-4220; Brian Adne , Battalion Chief, 7 I 3-4265 Department Recommendation: It is recommended the City Council adopt Resolution 2015-09 authorizing the terms and conditions for portal to portal reimbursement for Fire Department response away from official duty station and assignment to an emergency incident outside City jurisdiction.
Summary:
For more than 20 years, the Visalia Fire Department has provided assistance to the California Governor's Office of Emergency Services (CalOES) during statewide emergencies, mainly during fire season. This assistance is provided under the California Statewide Mutual Aid Plan adopted in 1950 by the Governor's Office. Under the Mutual Aid Plan is the California Fire Assistance Agreement (CF AA), which identifies compensation to agencies for the cost of assisting the State of California during statewide emergencies. Currently, Visalia Fire personnel are reimbursed on a "Portal to Portal" basis, meaning staff is compensated from the time of dispatch to the time personnel returns to home base. To continue receiving this type of compensation, CalOES is requiring that agencies provide a governing body resolution, or equivalent document that describes the agency's current pay practice.
CalOES has provided the agencies' a template resolution with appropriate wording that supports "portal to portal" compensation.
Background Discussion:
The Visalia Fire Department has provided support to CalOES during statewide emergency incidents for more than 20 years, especially during fire season. Providing this assistance to the state is an integral part of the California Statewide Master Mutual Aid Plan. Cal-OES is responsible for the coordination of overall state agency response to major disasters in support of local government. The office is responsible for assuring the state's readiness to respond to and recover from all hazards - natural, manmade, war caused emergencies and disasters, and for assisting local governments in their emergency preparedness, response, recovery, and hazard mitigation efforts. CalOES has provided the City of Visalia with a Fire -137-
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Engine to respond to statewide emergencies as required. The department also uses this engine in day to day operations.
When the Visalia Fire Department responds to emergency incidents, the City is reimbursed for equipment and personnel time under the California Fire Assistance Agreement (CF AA). The CFAA is reviewed and negotiated every five years by CalOES Fire and Rescue Branch. The CF AA is the negotiated reimbursement mechanism for local government fire response agencies through the California Statewide Mutual Aid Plan. The agreement outlines the terms and conditions of reimbursement for agency participation.
The CFAA has recently been negotiated and finalized, with changes being effective January 2015. One of the main changes in the agreement is the method by which personnel will be reimbursed. It is the intent of the CFAA to compensate California Fire and Rescue Mutual Aid System Agencies for the cost of assisting the State of California and the Federal Fire Agencies. The compensation shall be consistent with the California Fire and Rescue Mutual Aid System Agency's normal internal business practices and any existing memorandum of understanding, memorandum of agreement or governing body resolution, or equivalent which supports those business practices.
Currently, and for many years now the Visalia Fire Department has been compensated for providing emergency assistance to the state "portal to portal" (from the time of dispatch to the return to jurisdiction). The 2015 CFAA requires, any agency seeking reimbursement of personnel for more than actual hours worked on the incident must file a governing body resolution (GBR) or equivalent document with CalOES Fire and Rescue Division. The GBR or equivalent document shall indicate how personnel will be paid. This documentation is due to CalOES by May 31, 2015. If the City does not submit a GBR or equivalent document by May 31, 2015, and personnel responds to an emergency, fire personnel will only be reimbursed for actual hours worked.
The current MOU between the City and the Visalia Firefighters Association and the MOA between the City and Fire Battalion Chiefs do not contain a direct reference to portal to portal payment or an inference of such when personnel leave the community for an out of town mutual aid assignment; therefore staff recommends that the Council adopt a resolution with appropriate wording to support portal to portal pay.
There will be no financial costs or implications by the City of Visalia for adopting this resolution. There will be no change in the manner by which Fire Department employees are compensated because the City already compensates fire personnel on a portal to portal basis. However, CalOES requires wording to be specific to say Visalia Fire Department employees are compensated portal to portal when responding away from their official duty station and assigned to an emergency incident outside of their jurisdiction.
Fiscal Impact: None
Prior Council Action: None
Other: None
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Committee!Commission Review and Action: None
Alternatives:
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Surrender CalOES Engine and ask to be relieved of the Statewide Master Mutual Aid Agreement. This alternative is not recommended as the City needs to maintain a good working partnership with the state.
Attachments:
Resolution 20 I 5-09 of the City of Visalia authorizing the terms and conditions for portal to portal reimbursement.
Recommended Motion (and Alternative Motions if expected):
Approve Resolution 2015-09, authorizing the terms and conditions for portal to portal reimbursement from the State of California for Fire Department response away from official duty station and assignment to an emergency incident outside of City jurisdiction.
Copies of this report have been provided to:
Environmental Assessment Status
CEQA Review: NA
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RESOLUTION 2015-09
A RESOLUTION OF THE CITY OF VISALIA AUTHORIZING THE TERMS AND CONDITIONS FOR FIRE
DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION
AND ASSIGNED TO AN EMERGENCY INCIDENT
WHEREAS, the City of Visalia Fire Department is a public agency located in the County of Tulare, State of California, and
WHEREAS, it is the City of Visalia's desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the City of Visalia has in its employ, Fire department response personnel that include: Fire Chief, Fire Battalion Chief, Fire Captain, Fire Captain Paramedic, Fire Engineer, Fire Engineer Paramedic and Firefighter/Paramedic,; and
WHEREAS, the City of Visalia will compensate its employees portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and WHEREAS, the City of Visalia will compensate its employees overtime in accordance withh their current Memorandum of Understanding while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre positioned for emergency response.
THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that:
1. Personnel shall be compensated according to Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directive that identifies personnel compensation in the workplace.
2. In the event a personnel classification does not have an assigned compensation rate, a "Base Rate" as set forth in an organizational policy, administrative directive or similar document will be used to compensate such personnel.
3. The City of Visalia Fire Department will maintain a current salary survey or acknowledgement of acceptance of the "base rate" on file with the California Governor's Office of Emergency Services, Fire Rescue Division.
4. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.
5. Fire department response personnel include: Fire Chief, Battalion Chief, Fire Captain/Paramedic, Engineer/Paramedic, Firefighter/Paramedic and Firefighter/EMT. -140-