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HomeMy WebLinkAboutMINUTES - 10112022 - FPD Completed Min PktCALENDAR FOR THE BOARD OF DIRECTORS CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 KAREN MITCHOFF, CHAIR FEDERAL D. GLOVER, VICE CHAIR JOHN GIOIA CANDACE ANDERSEN DIANE BURGIS MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 LEWIS BROSCHARD, FIRE CHIEF As permitted by Government Code section 54953 (e), and in accordance with the County Public Health Officer’s recommendations for virtual meetings and social distancing, Board members may participate in the meeting remotely. The Board meeting will be accessible in-person, via television, and via live-streaming to all members of the public. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov. Persons who wish to address the board during public comment or with respect to an item on the agenda may comment in person or may call in during the meeting by dialing 888-278-0254 followed by the access code 843298#. A caller should indicate they wish to speak on an agenda item, by pushing "#2" on their phone. Access via Zoom is also available using the following link: https://cccounty-us.zoom.us/j/87344719204. Those participating via Zoom should indicate they wish to speak on an agenda item by using the “raise your hand” feature in the Zoom app. To provide contact information, please contact Clerk of the Board at clerkoftheboard@cob.cccounty.us or call 925-655-2000. Meetings of the Board are closed-captioned in real time. Public comment generally will be limited to two minutes. The Board Chair may adjust the amount of time allotted per speaker at the beginning of each item or public comment period depending on the number of speakers and the business of the day. Your patience is appreciated. A Spanish language interpreter is available to assist Spanish-speaking commenters. A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible online at www.contracosta.ca.gov. ANNOTATED AGENDA & MINUTES October 11, 2022   Present: Director John Gioia; Director Candace Andersen; Director Diane Burgis; Director Karen Mitchoff; Director Federal D. Glover Staff Present:Monica Nino, County Administrator Lewis Broschard, Fire Chief            1:00 P.M. Convene and call to order.    Adjourned today' s meeting at 3:07 p.m.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.5 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Director or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   DISCUSSION ITEMS   D.1 CONSIDER accepting a report from the Fire Chief providing a status summary for ongoing Fire District activities and nitiatives. (Lewis Broschard, Fire Chief)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover D.2 HEARING to consider adopting Resolution No. 2022/13, authorizing the submission of an application to the Contra Costa Local Agency Formation Commission to provide fire protection services to the City of Pinole pursuant to an agreement; consider approving and authorizing the Fire Chief, or designee, to execute a fire protection services agreement with the City of Pinole with an initial term of January 1, 2023 through June 30, 2028; consider approving and authorizing the Fire Chief, or designee, to execute two lease agreements with the City or Pinole for use of City Fire Station Nos. 73 and 74; and consider taking CEQA and other related actions. (Lewis T. Broschard III, Fire Chief)       Speakers: Caller 5478; Steven Dorsey, IAFF Local 1230; Pinole Mayor Vincent Salimi.    AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover D.3 CONSIDER adopting revised polices and procedures for the billing and collection of Contra Costa County Fire Protection District emergency ambulance services fees and charges. (Lewis Broschard, Fire Chief)       Speaker: No name given. ADOPTED revised polices and procedures for the billing and collection of Contra Costa County Fire Protection District emergency ambulance services fees and charges, to include additional descriptive wording to clarify certain billing at the Advanced Life Support (ALS) rate.    AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover D.4 CONSIDER approving and authorizing the Fire Chief to execute the Advanced Life Support First Responder Contract with Contra Costa Emergency Medical Services Agency providing revenues to the Fire District in an amount not to exceed $5,376,369 to provide pre-hospital emergency medical first responder services, for the period July 1, 2022 through June 30, 2025. (Lewis Broschard, Fire Chief)       Speakers: No name given; Liz Ritchie; Marshall Bennett, Director of Emergency Medical Services.   D.5 CONSIDER approving and authorizing the Fire Chief, or designee, to accept a FY 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant through the U.S. Department of Homeland Security, Federal Emergency Management Agency, in an amount not to exceed $7,548,363 over a three-year period. (Lewis Broschard, Fire Chief)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover D.6 CONSIDER accepting a report from the Deputy Fire Chief providing a status summary for Contra Costa County Fire Protection District fire station construction projects. (Aaron J. McAlister, Deputy Fire Chief)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover D. 7 CONSIDER Consent Items previously removed.    There were no consent items removed for discussion.   D. 8 PUBLIC COMMENT (2 Minutes/Speaker)    No name given, had questions on the allocation of grant funds to address wildfires and whether the Fire Department requested reimbursement of expenses when assisting Cal Trans or an out of area agency. She expressed concerns about the conditions of a trail in Pinole that needs maintenance.   CONSENT ITEMS   C.1 APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with BSI America Professional Services Inc. for environmental, health, safety, and sustainability consulting support in an amount not to exceed $200,000. (100% CCCFPD General Operating Fund)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover    C.2 APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with O3, Inc. in an amount not to exceed $525,000, for information technology services for the term October 11, 2022 to June 30, 2025. (100% CCCFPD General Operating Fund)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover C.3 APPROVE and AUTHORIZE the Auditor-Controller to make a payment to Moraga-Orinda Fire District, in an amount not to exceed $164,250, as reimbursement for the second year of the Zonehaven Agreement. (100% CCCFPD General Operating Fund)       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover C.4 ADOPT Resolution No. 2022/357 to revise Section 9.12. Special Circumstance Overtime Compensation, paragraph c. of the Fire Management Benefits Resolution No. 2022/264 to clarify that the 40 hour straight time rate also applies when an Assistant Fire Chief-56-hour backfills for an absent Assistant Fire Chief- 56-hour.       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover C.5 ADOPT Resolution No. 2022/356 approving the Side Letter between the District and IAFF, Local 1230 regarding the 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant, as recommended by the County Administrator.       AYE: Director John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover   GENERAL INFORMATION The Board meets in its capacity as the Board of Directors of the Contra Costa County Fire Protection District pursuant to Ordinance Code Section 24-2.402. Persons who wish to address the Board of Directors should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Directors less than 72 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board of Directors to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Commission votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Directors can be submitted to the office of the Clerk of the Board via mail: Contra Costa County Fire Protection District Board of Directors, 1025 Escobar Street first floor, Martinez, CA 94553; by fax: 925-655-2006 or to clerkoftheboard@cob.cccounty.us. The District will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000. The Board of Directors’ agenda and meeting materials are available for inspection at least 96 hours prior to each meeting at the Office of the Clerk of the Board, 1025 Escobar Street,First floor, Martinez, California. Subscribe to receive the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be viewed: www.co.contra-costa.ca.us ADVISORY COMMISSION The Contra Costa County Fire Protection District Advisory Fire Commission is scheduled to meet next on Monday,December 12, 2022, at 7:00 p.m. The Advisory Commission meets via zoom. Please check the Contra Costa County Fire Protection District website for most up-to-date information. AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): The Contra Costa County Fire Protection District has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BGO Better Government Ordinance BOC Board of Commissioners CALTRANS California Department of Transportation CAER Community Awareness Emergency Response CAL-EMA California Emergency Management Agency CAO County Administrative Officer or Office CCE Community Choice Energy CBC California Building Code CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CFC California Fire Code CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPF – California Professional Firefighters CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency FTE Full Time Equivalent FY Fiscal Year GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IAFF International Association of Firefighters ICC International Code Council IFC International Fire Code Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 Local 1230 Contra Costa County Professional Firefighters Local 1230 MAC Municipal Advisory Council MBE Minority Business Enterprise MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act NFPA National Fire Protection Association OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PACE Property Assessed Clean Energy PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative UCOA United Chief Officers Association vs . versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): ACCEPT a report from the Fire Chief providing a status summary for ongoing Fire District activities and initiatives. FISCAL IMPACT: No fiscal impact. BACKGROUND: At the request of the Contra Costa County Fire Board of Directors, the Fire Chief is providing a report on the status and progress of the various District initiatives. CONSEQUENCE OF NEGATIVE ACTION: The Board would not receive the most up to date information regarding ongoing Fire District activities and initiatives. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Lewis T. Broschard III, Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.1 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard, III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Fire Chief's Report - October 11, 2022 ATTACHMENTS Fire Chief's October Report CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT . 4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180 Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org 000. October 11, 2022 TO: Board of Directors FROM: Lewis T. Broschard III, Fire Chief RE: Fire Chief’s Report ______________________________________________________________________  Academy 58. The District held its traditional family night event on September 28 to welcome the 32 new recruits of our latest, and largest-to-date, academy to the Con Fire family. The academy itself kicked off the following Monday morning, being an exhaustive 20-week course of instruction designed to turn recruits into Con Fire probationary firefighters. Academy 58 will graduate on February 15, 2023.  Lateral Academy 59. Based on the success of our most recent lateral academy, we are planning a second such academy designed to bring experienced firefighters to Con Fire. As an early step in the planning for this spring 2023 event, we conducted firefighter interviews in September.  Annual Fallen Firefighter Memorial Service. The District conducted this poignant and moving ceremony on September 24. It was attended by firefighters, family, and friends honoring the 18 firefighters who made the ultimate sacrifice while serving their communities. The event featured fire service leaders, San Ramon Valley Fire Chaplain Dan Sturdivant, the United Professional Firefighters of Contra Costa County Honor Guard, and retired Battalion Chief Tom Oakley as the bagpiper.  Statewide Mutual Aid. The Fire District has supported the statewide mutual aid system, supplying resources to some of the state’s largest incidents. The Mill Fire, in Weed, California, destroyed numerous structures and resulted in citizen fatalities. The Mosquito Fire, in Placer and El Dorado Counties, also destroyed numerous structures. We supplied apparatus and overhead to both of these incidents. Fire Chief’s Report – October 11, 2022 Page 2  Fire Safety Town Hall. The Bureau’s Community Risk Reduction Unit conducted a fire safety town hall meeting in Clayton for residents of Marsh Creek and Morgan Territory on Saturday, September 17. The event, attended by more than a dozen residents, featured speakers from Con Fire, Cal Fire, and the Contra Costa County Sheriff’s Office of Emergency Services, along with County Supervisors Mitchoff and Burgis. The event was videotaped and is available for viewing on the District’s website and Facebook page.  Honor and Dignity Committee. The District conducted an initial planning meeting of this new group charged with revamping the many programs necessary for recognizing the contributions and commitment of our members, retirees, volun teers, and outside agencies. The objective of this committee is to plan District ceremonies, employee recognitions, and honors for those who have passed, among other activities. The committee will also work to capture and document Con Fire’s history and heritage including those of the many agencies that have consolidated to form today’s District. In addition, the Honor and Dignity Committee will encompass employee peer support and introduction and oversight of a Con Fire Volunteer Chaplain Program.  Pre-Fire Plans. The District is working to enhance, standardize, and ensure the accuracy of these critical plans used by our crews during responses to emergency scenes. They aid in ensuring expedited arrival to a scene and quick identification of access points and critical life safety systems by our firefighters. As pre-fire plans are a resource used during all hours of the day and night under stressful conditions, it is crucial that they be basic, concise, and consistent.  Strategic Planning Studies. The District is working to identify consultants to conduct a coverage study to analyze current coverage and extrapolate future needs of our communities over the next 20 years. This crucial data will be used to identify needs for fire service growth aligned with supported community general plans and to inform our own overall five-year strategic plan.  Fees Study. We are also working to identify a consultant to work alongside staff to ensure all District fees are up-to-date and being used to full effect in support of our communities. The District leverages numerous types of fees to fund its activities and mitigate the impacts of new development. Currently, these include impact fees, community facility districts, regulatory cost recovery fees for prevention activities, and recovery of expenses due to incidents caused by negligence. We expect this consultant to be in place by January 2023 with detailed timelines to follow.  Measure X-funded Wildfire Hardening Program for Residents. The Fire Prevention Bureau is working to implement this important program that will help residents further harden their homes and properties from the threat of wildfire. A web -based tool is being put in place now to facilitate and track data on resident applications for the many benefits of this $2 million fire, wildland, and fuel reduction program. RECOMMENDATION(S): 1. OPEN the public hearing to consider adopting Resolution No. 2022/13, a resolution of application to the Contra Costa Local Agency Formation Commission (LAFCO) requesting that LAFCO provide written approval for the Contra Costa County Fire Protection District (District) to provide fire protection services to the City of Pinole (City) pursuant to a fire protection services agreement (Agreement); RECEIVE testimony; and CLOSE the public hearing. 2. ADOPT Resolution No. 2022/13, a resolution of application to LAFCO requesting written approval for the District to provide fire protection services to the City pursuant to the Agreement. 3. APPROVE and AUTHORIZE the Fire Chief, or designee, to execute the Agreement with the City for the provision of fire protection services by the District within the city limits of Pinole, and to execute lease agreements with the City for use of Fire Station 73 and Fire Station 74 for the duration of the contract, subject to the approval of the Fire Chief and County Counsel, as to form. 4. APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a written agreement with the City, Local 1230, and United Chief Officers Association whereby each entity consents to the Agreement (Consent to the Agreement). 5. APPROVE and AUTHORIZE the Fire Chief, or designee, to submit to LAFCO Resolution No. 2022/13, an application for the District to provide new or extended fire protection services to the City, an independent fiscal analysis, a plan for providing services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Lewis T. Broschard III, Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.2 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:City of Pinole Contract for Fire Protection Services RECOMMENDATION(S): (CONT'D) within the territory of the City, Consent to the Agreement, and any additional data and information as may be required by LAFCO pertaining to the resolution of application. 6. AUTHORIZE the Fire Chief, or designee, to execute an indemnification agreement between the District and LAFCO in substantial conformity with the agreement attached hereto as Attachment A. 7. FIND that providing fire protection services under a contract with the City is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15320 (Class 20): the changes in the organization or reorganization of local governmental agencies do not change the geographical area in which previously existing powers are exercised; and DIRECT the Fire Chief, or designee, to file a Notice of Exemption with the County Clerk. 8. DIRECT the Fire Chief, or designee, to arrange for the payment of (i) a $4,200 fee to LAFCO for an application for an out-of-agency fire protection service review; and (ii) a $50 handling fee to the County Clerk for the filing of the Notice of Exemption; and (iii) a $25 handling fee to the Department of Conservation and Development for processing costs related to the Notice of Exemption. (100% City of Pinole and Measure X Funds) FISCAL IMPACT: The immediate fiscal impact related to today’s action is filing fees of $4,200 due to LAFCO, and $75 in filing and handling fees related to the Notice of Exemption. The ongoing fiscal impact is cost neutral. The contract provides for services to be paid by the City with additional Measure X funds provided by the County. The total first fiscal year annual reimbursement to the District is anticipated to be approximately $7.5 million with approximately $5.5 million being paid by the City and $2 million received from Measure X funds. On September 20, 2022, the Board of Supervisors approved resolution 2022/332, allocating Measure X funds of $2 million annually through fiscal year 2027/28 with an annual escalator not to exceed 4%. There is no fiscal impact to the District associated with leasing both Fire Station 73 and Fire Station 74. (100% City of Pinole and Measure X funds). BACKGROUND: City of Pinole Fire Department History and Current Operations The Pinole Fire Department (PFD) is an all-hazards municipal fire department providing traditional structural fire suppression, wildland firefighting, Advanced Life Support (ALS) level emergency medical services (EMS), rescue, and hazardous materials response. PFD deploys its apparatus and personnel out of Station 73 located in downtown Pinole. It is a partner agency in the Battalion 7 agreement with the District and the Rodeo-Hercules Fire Protection District (RHFPD), which provides for automatic aid among the three agencies. The department normally operates one fire engine, staffed by a captain, engineer, and firefighter, at least one of which is a certified paramedic. The FY 2022/23 budget for the department is anticipated to be $5.5 million. PFD’s Fire Prevention Bureau provides inspections, code enforcement, plan reviews, fire investigations, and various public education programs. In addition, the Bureau conducts inspections of public and private properties for compliance with its weed abatement ordinance. In 2003, the City opened a second fire station, Station 74, which was shuttered in 2011 due to unsustainable municipal funding sources. Discussions Concerning a Fire Protection Services Agreement This past spring, the District and City entered into discussions about the possibility of entering into an agreement whereby the District provides fire, rescue, and emergency medical services to the City. Underlying these discussions was the understanding that the District can provide a level of services within the City that would exceed the current service levels that PFD is able to provide, including reopening Station 74. On September 20, 2022, while discussions were still ongoing, the Contra Costa County Board of Supervisors allocated $2 million from Measure X funds annually, adjusted annually by an escalation factor, through fiscal year 2027/28, to facilitate the proposed partnership for services between the District and the City. Because the City is not within the District’s service boundary, services under the Agreement may not commence until the District obtains written approval from LAFCO pursuant to Government Code section 56134, which provides that a “public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the [local agency formation] commission in the affected county pursuant to the requirements of this section” (Gov. Code, § 56134, subd. (b).) The statute also outlines the specific requirements to obtain such approval, including the submission of (1) a Resolution of Application to LAFCO concerning its intention to provide fire protection services to the City; (2) a copy of the fire protection services agreement; (3) an independent fiscal analysis that analyzes current and projected costs of providing fire protection services, (4) a service plan; and (5) an agreement with “each affected public agency and recognized employee organization that represents firefighters of the existing and proposed service providers,” whereby each entity consents to the fire protection services agreement (Gov. Code, § 56134, subd. (d)(1)(A)). LAFCO also requires the submission of an application with these materials. The following are some of the key elements of documents that have been prepared for submission to LAFCO pursuant to Government Code section 56134: Fire Protection Services Agreement As set forth in Government Code section 56134, subdivision (a), the District and City have negotiated the terms of the proposed Agreement for fire protection services, which is provided as Exhibit A to the Resolution of Application. The following summarizes important terms of the proposed Agreement: Services . The District will provide all aspects of fire protection and fire prevention services to the City of Pinole, including fire suppression, emergency medical response, hazardous materials response, rescue services, mass casualty incident response, fire safety programs, carbon monoxide alarm installations, CPR training, Community Emergency Response Team training, review of construction and fire protection plans, fire inspections, administration of the City’s adopted fire code and fire investigation services. Role of Fire Chief. The District’s Fire Chief is designated as the Fire Chief for the City of Pinole, and holds corresponding responsibilities. Apparatus and Equipment. The City will transfer ownership of its apparatus, i.e., vehicles used for firefighting, and equipment to the District, and the District will be responsible for the maintenance, repair, licensing, and registration of the apparatus and equipment. Upon termination of the Agreement, the District will return any of the apparatus and equipment provided by Pinole that remain operational. If the apparatus and equipment is no longer operational, the District will endeavor to lease apparatus and equipment to the City for a reasonable period of time. Personnel. While personnel from PFD will be hired by the District through a process outside of the Agreement (as described below), the Agreement provides that the District is not responsible for City retirement obligations or other post-employment benefit of any District employee arising out of their employment with the City, nor is the City responsible for District retirement obligations or other post-employment benefit of any District employee arising out of their employment with the District Payment for Services. The Fire Chief will annually prepare a budget that includes direct and indirect costs of services, as well as update a five-year cost projection. Subject to the City and District approval of the budget, invoices for services will be based on the projected costs set forth in the budget, adjusted by agreed upon modifications related to unanticipated costs. Funding. Services provided by the District will be paid for by the City and through an annual allocation of Measure X funds in the amount of $2 million, which will be adjusted annually beginning in fiscal year 2023/24 by the lower of the local Consumer Price Index or four percent. Term. The Agreement has a five-year term, which may be extended by an additional five-year term with the mutual agreement of the parties. The District will begin providing services on a date agreed to by the parties. Unless extended, the Agreement terminates on June 30, 2028. Indemnification. The City and District agree to mutually indemnify each other. Prior to the submission of the Resolution of Application to LAFCO, the unexecuted version of the Fire Protection Services Agreement currently attached to the Resolution may be replaced with an executed version of the agreement. Lease Agreements Under the lease agreements, the City will provide the District with the use of the City-owned fire stations described as Fire Station 73, 880 Tennant Avenue, Pinole, CA 94564, and Fire Station 74, 3700 Pinole Valley Road, Pinole CA 94564, for performance of the services under the Agreement. Responsibilities for maintenance of the buildings and grounds are set forth in the agreements, and the lease agreements are co-terminus with the Agreement. Fiscal Analysis Pursuant to the requirements of Government Code section 56134(f), the City, in consultation and cooperation with the District, contracted with an independent consulting firm to conduct a fiscal analysis of the proposed contract for services. The fiscal analysis concludes that the revenue streams available from the City, when combined with Measure X revenues, are sufficient to support the services and structure of the Agreement. The fiscal analysis is provided as Exhibit F to the Resolution of Application. Service Plan In accordance with Government Code section 56134, subdivision (e), the District and City have prepared a service plan that details the cost of the new or extended fire protection services, the plan for financing these services and the services to be provided under the Agreement, among other provisions. The service plan is provided as Exhibit E to the Resolution of Application. Consent to the Agreement As required by Government Code section 56134, subdivision (d), the District has prepared a consent letter whereby the District, City, Local 1230 and UCOA agree to the proposed Agreement. The agreement consenting to the Agreement is provided as Exhibit G to the Resolution of Application. Prior to the submission of the Resolution of Application to LAFCO, an executed copy of this consent agreement will replace the unexecuted version, which is currently attached. Next Steps If the Board approves this board order, the District will work with the City to finalize the Agreement and submit the Resolution of Application and other necessary documentation to LAFCO no later than October 17, 2022. These materials will be submitted with a request that LAFCO consider the application at its meeting on November 9, 2022. Upon LAFCO’s approval of the District’s application, the District and City will prepare for the service transition. The District and City will arrange for an operational transition date, most likely by March 1, 2023. The District plans to send employment offer letters to non-administrative staff at PFD who wish to continue working. In anticipation of this transition, the District has obtained side letters with Local 1230 and UCOA concerning the conditions of employment. CONSEQUENCE OF NEGATIVE ACTION: The Resolution of Application, seeking approval to provide out-of-service area fire protection services to the City of Pinole by mutual agreement, will not be filed. As a result, the District will not contract for the delivery of fire, rescue, and emergency medical services within the City, as described in the Service Plan. CLERK'S ADDENDUM Speakers: Caller 5478; Steven Dorsey, IAFF Local 1230; Pinole Mayor Vincent Salimi. AGENDA ATTACHMENTS Attachment A: Indemnification Agreement Resolution 2022/13 Exhibit A: Fire Protection Services Agreement Exhibit B: Application Exhibit C: Service Plan Exhibit D: Fiscal Analysis Exhibit E: Consent Letter MINUTES ATTACHMENTS Signed Resolution No. 2022/13 Attachment A Indemnification Agreement with LAFCO AGREEMENT BETWEEN CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION AND [APPLICANT REGARDING [ ] ACTION] [ TO THE AGENCY(IES)] (LAFCO [ NO. ] THIS AGREEMENT, dated this _______ day of [Month, Year], is entered into by and between the Contra Costa Local Agency Formation Commission (“LAFCO”), a public agency, and the [Agency or Individual Name] (“Agency”), a [municipal corporation/political subdivision/special district] in the State of California. Recitals 1. Agency submitted an application to LAFCO. 2.LAFCO’s review and/or approval is conditioned upon, among other things, Agency and LAFCO entering into an agreement to indemnify LAFCO against any expenses arising from any legal actions challenging the application and subsequent actions. NOW, THEREFORE, LAFCO and Agency agree as follows: Section 1. Indemnification. In the event any legal action or proceeding is instituted against LAFCO (or naming LAFCO as a real party in interest) challenging the review and/or approval of the application, or any of LAFCO's actions related thereto, Agency shall indemnify LAFCO from any costs or liabilities incurred by LAFCO as a result of any such action or proceeding, including any award to opposing counsel of attorney's fees or costs. Agency also agrees to reimburse LAFCO for the Commission’s reasonable expenses resulting from any such legal action or proceeding. Such expenses include LAFCO’s counsel’s charges for representing LAFCO in any such action, costs of preparing the administrative record in any such action (including LAFCO staff costs), and all other expenses incurred by LAFCO as a result of any such action or proceeding. LAFCO intends to use its staff to represent it in this action. LAFCO will coordinate the defense of this action with the Agency. LAFCO retains the right to obtain outside counsel to represent it in litigation, if necessary. LAFCO will do so only after consultation with the Agency. Section 2. Miscellaneous Provisions. A.Successors and Assigns. This agreement shall apply to, bind and inure to the benefit of successors in interest of the parties hereto, including heirs, assigns, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts. This document will be completed and sent to applicant upon receipt of application. Two originals with signatures must be returned to LAFCO. B.No Third-Party Beneficiaries. This agreement is entered only for the benefit of the parties executing this agreement and not for the benefit of any other individual, entity or person. C.Amendments. This agreement may be amended in writing by the mutual agreement of the original parties or their successors in interest. D.Applicable Law. This agreement shall be construed and enforced in accordance with the laws of the State of California. E.Counterparts. This agreement may be executed and delivered in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION __________________________________ LAFCO Executive Officer [AGENCY NAME ] __________________________________ Title: ______________________________________ Attest: __________________________________ Approved as to form: __________________________________ LAFCO Legal Counsel Approved as to form: __________________________________ Legal Counsel THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on 10/11/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/13 In the Matter of Application by the Board of Directors of the Contra Costa County Fire Protection District to the Contra Costa Local Agency Formation Commission Requesting Approval to Provide Fire Protection Services Within the City of Pinole. WHEREAS, the City of Pinole (“City”) desires to expand and supplement the current fire protection services provided within the City; WHEREAS, only one of the City’s two fire stations is currently operational; WHEREAS, the Contra Costa County Fire Protection District (“District”) is able to provide a level of fire protection services within the City that would exceed current service levels, while reopening and staffing the fire station that is currently non-operational; WHEREAS, the District and City have negotiated terms of a proposed fire protection services agreement (“Agreement”), attached to this Resolution and incorporated by reference as Exhibit A; WHEREAS, the parties have also negotiated two leases for the two fire stations located within the City that set forth the terms under which the District would occupy the two stations during the term of the Agreement; WHEREAS, the District would be paid by the City for budgeted direct and indirect costs incurred in the performance of services under this Agreement; WHEREAS, the County of Contra Costa by Resolution No. 2022/332, has allocated from Measure X funds the amount of $2,000,000 annually, adjusted annually by the percentage change in the Consumer Price Index- All Urban Consumers for the San Francisco-Oakland-Hayward Area for the twelve-month period ending with the February index of the calendar year in which the adjustment is made, but not to exceed four percent per year, through fiscal year 2027/28 to facilitate this partnership for services between the District and the City; WHEREAS, because the City is not within the District’s service boundary, services under the Agreement may not commence until the Agreement is submitted to and approved by the Contra Costa Local Agency Formation Commission (“LAFCO”) pursuant to Government Code section 56134, which provides that a “public agency may provide new or extended services pursuant to a fire protection contract only if it first requests and receives written approval from the [local agency formation] commission in the affected county pursuant to the requirements of this section” (Gov. Code, § 56134, subd. (b)); WHEREAS, the District has prepared an application for a fire protection service contract, as required by LAFCO, and a service plan (“Service Plan”), in accordance with Government Code section 56134, subdivision (e), that details the cost of the new or extended fire protection services, the plan for financing these services and the services to be provided under the Agreement, among other provisions, which are attached to this Resolution and incorporated by reference as Exhibits B and C, respectively; WHEREAS, the City, in coordination with the District, has had an independent fiscal analysis prepared in accordance with Government Code section 56134, subdivision (f), which shows that the financial terms of the contract are feasible and sustainable. This analysis is attached to this Resolution and incorporated by reference as Exhibit D, and; WHEREAS,in accordance with Government Code section 56134, subdivision (d)(1)(A), the District has prepared a written agreement with the City of Pinole, Local 1230 and UCOA, whereby each entity consents to the Agreement, which is attached to this Resolution and incorporated by reference as Exhibit E. NOW, THEREFORE, IT IS RESOLVED by the Board of Directors of the District as follows: 1. This Resolution of Application is hereby adopted and approved by the District’s Board of Directors. LAFCO is hereby requested to approve new or extended fire protection services to be provided by the District within the jurisdictional boundaries of the City as set forth in the Agreement and further described in the Service Plan. 2. The officers and staff of the District are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents, which, in consultation with District counsel, they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. Contact: Lewis T. Broschard III, Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: October 5, 2022 This Independent Comprehensive Fiscal Analysis (“analysis”) was prepared for the City of Pinole, California (“City”) as its officials navigate the decision of whether to enter a cooperative shared services fire protection agreement with Contra Costa County Fire Protection District (“CCCFPD”). Per the Contra Costa County Local Agency Formation Commission (“LAFCO”), the initiation process includes a variety of required steps and due diligence items the City of Pinole must complete prior to applying for collaborative fire protection. Specifically, the State of California Government Code Section 56134 requires a submission of an independent fiscal analysis to ascertain whether the financial terms of the service contract are feasible and sustainable. The specific scope of this independent fiscal analysis must review and document all the following: 1.A thorough review of the plan for services submitted by the public agency. 2.Analysis of how the costs of the existing service provider compare to the costs of services provided in service areas with similar populations and of similar geographic size that provide a similar level and range of services and make a reasonable determination of the costs expected to be borne by the public agency providing new or extended fire protection services; and 3.Any other information and analysis needed to support the proposal. 4.Evaluation that the proposed affected territory is expected to receive revenues sufficient to provide public services and facilities and a reasonable reserve during the three fiscal years following the effective date of the contract or agreement between the public agencies to provide the new or extended fire protection services. Our analysis was completed using budgetary, census, and departmental statistics that were publicly available on the individual units’ websites or data portals. We completed a thorough review of the plan for service and supporting documents during the month of June 2022 and communicated with city, county, and fire leadership officials on clarifying questions at that time over multiple worksessions. A list of the comparative agencies was selected with the assistance of city officials on June 15th . Assumptions were used in the estimation of certain direct and indirect costs and are noted within the contents of the report. It is our goal to be conservative in forward looking estimates while also illustrating what the potential fiscal impact may likely be from the proposed cooperative fire service plan. I can be reached at Adam@StoneMunicipal.com or at (317) 476-2826 for questions or additional information as needed. Sincerely, Ada D. Sto Adam D. Stone, CPA Stone Municipal Group | Municipal Advisor | Principal-in-charge STONE MUNICIPAL GROUP 1 Table of Contents Executive Summary 3 Purpose of Report 3 How to Use Navigate & Use Report 3 Plans and Document Review 4 Analysis of Existing Service Provider Cost 5 Comparison of Existing Service Provided to Similar Entities 6 Entity Selection 6 Entity Comparison 6 Budget Comparison 7 Scenarios Overview 8 Scenario 1 - Continuation of Current Service Level 8 Expected Costs of Current Service Level (“Most Likely”)8 Current Service Level Sensitivity Analysis 9 Scenario 2 – Cooperative Fire Service Agreement with CCCFPD 10 Expected Costs of Cooperative Fire Agreement (“Most Likely”)11 Cooperative Fire Agreement Sensitivity Analysis 12 Additional Information & Analysis 13 Cost Comparison of Scenarios 13 Contra Costa County Fire Protection District Administrative Cost 14 Contra Costa County Fire Protection District Revenue Sufficiency 14 City of Pinole Financial Feasibility & Sustainability 15 CalPERS Fire Department Unfunded Accrued Liability 17 Budget Impacts - Remaining Items 18 Budget Impacts - Transitioning Items 19 STONE MUNICIPAL GROUP 2 Executive Summary In November, 2021 the County Board of Supervisors approved certain expenditures of Measure X funds. Included in this decision was an intent to provide $2 Million in funding from Measure X to assist in providing full funding, when combined with City of Pinole (“PFD”) funds, to reopen Fire Station 74 in Pinole Valley as part of a contract for fire services to be provided by Contra Costa County Fire Protection District (“CCCFPD”) for the full operation of fire, rescue, emergency medical, fire prevention, training, and administration to the City of Pinole. Background information related to the contract for service: ●Fire Station 74 in Pinole Valley was closed in 2012. ●The proposed service plan will provide for the reopening and staffing of Fire Station 74. Purpose of Report This report was prepared to assist the City of Pinole with the Contra Costa County Local Agency Formation Commission (“LAFCO”) process related to contracting with another unit or agency of local government to provide fire contractual services. An independent fiscal report is required and outlined by the State of California Government Code Section 56134 to ascertain whether the financial terms of the service contract are feasible and sustainable. To comply with the requirements, our firm completed a detailed and thorough review of the proposed service plan, comparable costs, and other documentation that outlines the proposed plan to contract with CCCFPD to provide fire service to City of Pinole residents. How to Use Navigate & Use Report This report is prepared for external technical financial review purposes and is not intended to argue one method over another. This report does not make a recommendation or advice regarding negotiation terms, plan for service proposals, or details into day-to-day fire operations. This report is intended to project the most likely budget and financial outcomes of the options available to the City of Pinole and provide stakeholders with information to make an informed decision. As such, readers of this report are encouraged to review the table of contents to select areas of interest. The report is organized into broad sections to comply with California Government Code Section 56134. STONE MUNICIPAL GROUP 3 Plans and Document Review This report was prepared using estimates, calculations, and management plans that were made available during June and July 2022. Specifically, we completed a detailed review of the CCCFPD proposed station budgets, proposed Pinole Fire Plan for Services, proposed staffing standards, staffing growth plans, position cost schedules, and operating statistics. In addition to the plans for service and management reports, we reviewed the City of Pinole’s line-item budgetary and financial documents for fiscal years 2018-2022. We also reviewed the most recent CalPERS Annual Valuation Report for Pinole City safety. (i.e. Safety & PEPRA Fire Safety) The FY21 report was not yet published at the time of this report. Therefore, all CalPERS related estimates are dated as of June 30, 2020. Comparative entity data was sourced through publicly available data on comparable entities which included annual adopted budgets, annual reports, and Census data. For the comparison entities, major assumptions include Fire runs (incidents), staffing levels, and budgetary estimates. Certain assumptions were made to project future cost of operations under different scenarios. To assist in this forecast, we enlisted the help of the report review team to help create growth plans into our forecast. The core report review team consisted of the following individuals: ●City of Pinole ○Chief Chris Wynkoop ○Ms. Markisha Guillory ●Contra Costa County Fire Protection District ○Chief Lewis Broschard ●Contra Costa County ○Mr. Adam Nguyen ○Mr. Paul Reyes With the help of this group, we were able to prepare a seven-year capital improvement plan for the City of Pinole Fire Department that incorporates apparatus replacement, facility improvements, and necessary equipment needs. While an estimate, this plan will allow us to better compare the scenarios as they more accurately reflect the complete cost of operating the Fire Department long term. Note, the CCCFPD budget scenario assumes an annual programmatic apparatus replacement of $250,000 per year. The City of Pinole Capital Improvement Plan (“CIP”) assumes a non-programmatic “pay-as-you-go” apparatus replacement project which results in large swings in the annual capital budget. Comparing the CCCFPD to the average annual capital outlay amount creates a better comparison. The average across all categories is $417,286 per year including building improvements. (i.e. FY 24 - FY 30) STONE MUNICIPAL GROUP 4 Analysis of Existing Service Provider Cost The City of Pinole Fire Department Budget is sourced by multiple governmental funds. The funds reviewed are General Fund, 2006 Measure S Fund, 2014 Measure S Fund, Equipment Reserve, and the Growth Impact Fund. We reviewed combined actual and budgeted results for fiscal years 2018, 2019, 2020, 2021, 2022, and 2023. Below is a categorical summary which shows combining current and historic results for the Fire Department. Source: City of Pinole financial reports and budget documents provided July 14, 2022. (unaudited) STONE MUNICIPAL GROUP 5 Comparison of Existing Service Provided to Similar Entities Entity Selection Part of the LAFCO process is to conduct comparative cost analysis. For this report, we selected comparison entities that were similar in population and geographic size. (i.e., land area) Additionally, we looked at entities that provide a similar range and level of service. We selected fire runs, number of stations, and staffing level as indicators for range and level of service. Lastly, we selected comparable entities of differing government structure and fire service. As each entity is different, the data for each was normalized to produce as close to an “apples-to-apples” comparison as possible. Therefore, the data was normalized on per capita, per full-time firefighter, and per run incident metrics to help in the comparability. It should be noted that comparing public safety departments on an apples-to-apples basis is extremely challenging as run data can be grossly under or over inflated due to different entities counting runs differently. (e.g. EMS, apparatus dispatched, etc.) For the purposes of this report, we are taking the publicly available data at face value and make no opinion on the type of runs reported. Entity Comparison STONE MUNICIPAL GROUP 6 Comparison of Existing Service Provided to Similar Entities (Cont.) Budget Comparison STONE MUNICIPAL GROUP 7 Scenarios Overview For the comparison of current service level (“Scenario One”) and CCCFPD cooperative agreement (“Scenario Two”) we made several significant assumptions. First we calculated the most likely cost projections under the two primary options being considered; 1.) Continuation of “in-house” Pinole Fire Department service to operate one station, and 2.) Contractual Service for Fire Service with CCCFPD to operate two stations. Within each scenario we also calculated the worst case and best case scenarios to illustrate the sensitivity based on different assumptions. (e.g. inflation, Measure X allocations, economic conditions) Scenario 1 - Continuation of Current Service Level In this scenario we assumed no transition to CCCFPD and no change in existing level of service. (i.e. stations or staffing) This scenario forecasts operating and capital expenditures for the budget periods FY 2022/23 – 2029/30. ●Budget estimates based on FY 2022-23 Fire Department combined budget of $5,514,428. (General, Measure S 2006, and Measure S 2014 funds.) ●Assumes no growth in existing staffing or funded staffing levels. (17 current FTEs) ●Assumes six percent (6%) annual increase in salary and wages. (e.g., 3% cost of living increase and 3% market equity increase) ●Assumes employee benefits remain constant as a percentage of gross salaries and wages. ●Assumes a stair-stepped inflation of eight percent to five percent (8% - 5%) annual increase in materials, supplies, and services due to rising prices. ●Assumes an initial $146,250 capital outlay expenditures. (e.g., equipment replacement, vehicle replacement, and station improvements) ●Assumes a seven-year capital improvement plan of $2,925,000, average of $417,286 per year including facility and computer equipment. The average vehicle and apparatus replacement need is estimated at $292,875 per year. To help with apples-to-apples comparison we have assumed a level sinking fund replacement to smooth out large budget differences in future years. ●Assumes five percent (5%) annual increase in capital expenditures due to rising prices. ●Includes communication and weed abatement. Expected Costs of Current Service Level (“Most Likely”) If the City of Pinole chooses to not enter into a cooperative fire agreement with CCCFPD,100%of current employee salary and employee benefit costs will remain in the City’s budget.The current level of service does not include any of the recommendations outlined in the capital improvement plan. STONE MUNICIPAL GROUP 8 Current Service Level Sensitivity Analysis For scenario one we projected future expected costs using the most likely, worst case, and best case assumptions. Across the different potential outcomes, we assumed different sets of future inflation and economic assumptions. We calculated the future expected budget outcome and annual budget variance between the CCCFPD scenario two and City provided service scenario one cost forecasts. These are intended to provide the City of Pinole a reasonable range of likely future cost of service as well as the favorable (unfavorable) results of each. STONE MUNICIPAL GROUP 9 Scenario 2 – Cooperative Fire Service Agreement with CCCFPD In this scenario we assumed a complete staffing transition to CCCFPD and that the City would effectively outsource 100%of its going forward costs for fire protection staffing to CCCFPD. This scenario forecasts operating and capital expenditure for the budget periods 2022-23 through 2029-30. ●Budget estimates based on FY 2022-23 Fire Department combined budget of $5,514,428. (General, Measure S 2006, and Measure S 2014 funds.) ●Assumes Pinole Fire would transfer all positions, equipment, and apparatus to CCCFPD at no cost. ●Assumes existing (1) active and (1) inactive Fire Stations would remain as a fixed capital asset of the City of Pinole. Facility repairs and replacement to be the responsibility of City of Pinole ●Assumes (1) inactive station would be activated and staffed by CCCFPD to restore the level of service achieved in the past. ●Assumes Pinole Fire would continue to be responsible for following existing budgetary items moving forward: Fire allocated CalPERS Unfunded Accrued Liability (“UAL”), abatement services, station utilities, station repairs and maintenance, legal charges, and property liability. Total remaining budgetary cost estimated at $753,489 or 13.66% of current budget. ●Assumes CCCFPD staffing of (3) Captains, (3) Engineers, and (3) Firefighters per station. Pass-through and/or of other CCCFPD related expenditures. (e.g. employee benefits, operating expenses, apparatus replacement) o Assumes direct station staffing related costs of $3,000,786 per station. o Operating cost of $114,436, and equipment replacement of $125,000 per station. o Assumes $172,498 in allocated communication center dispatch cost. Assumes the communication center allocated cost grows at 4% per year. o Assumes a shared services administrative cost of 10% billed to the City of Pinole. The administrative cost will be charged on all budgeted costs minus the communication center charges. The basis for the 10% administrative cost is the annual adopted budget, of which the City of Pinole will be made known of increases or decreases year to year. A list of indirect costs are included in the additional information section of this report. ●Assumes initial gross annual contract amount of $7,300,987 or $441,749 per month beginning January 1, 2023 net Measure X. Cost to be billed out monthly based on the annual budget less the two million in Measure X allocation. Future budgets are subject to change and appropriation by the fiscal body. ●Assumes $2M in Measure X allocated with an annual escalator of 2.30%. While the allocation is not expressly stated in the contract beyond the initial 5-year contract term, we carried forward the assumption throughout the 7-year projection. ●One-time budgetary impact to the City of Pinole File Department in the amount of $52,969.63 to cover the payout of accrued vacation. ●Assumes fiscal impact under full budget year scenario. Contract likely to become effective mid-fiscal year (January 1, 2023) and therefore the initial cost will be based on the remaining six fiscal months of budget year 2023. ●Assumes that from the date CCCFPD hires such staff, CCCFPD will be responsible for all salaries, employee benefits, including contributions for retiree-related benefits, and future accruals of unfunded liability for retiree-related benefits. ●Assumes the City of Pinole will be responsible for 100% of retiree-related and other post-employment benefits, including accrued CalPERS unfunded liability for retiree-related benefits, for such staff for the period during which they were employed by the City of Pinole. STONE MUNICIPAL GROUP 10 ●Assumes personnel costs at the top step for each class of employee. ●Assumes a stair-stepped inflation of eight percent to three percent (8% - 3%) annual increase in materials, supplies, services, and personnel services. Expected Costs of Cooperative Fire Agreement (“Most Likely”) If the City of Pinole enters into a cooperative fire agreement with CCCFPD,100%of current employee salary and employee benefit costs will be converted into a contractual service expenditure.The initial contract value is based on the budgeted cost of the positions and it is expected to increase over the contract period as cost-of-living adjustments are approved.To recover indirect administrative costs, CCCFPD is expected to charge an administrative cost of 10%.This administrative cost is included within the initial proposed two-station budget of $7,300,987.Adjusted for the Measure X allocation,the initial budget to be billed to the City of Pinole is anticipated to be $5,300,987,or $441,749 per month.In addition to the personnel costs,the City of Pinole will continue certain services and supplies costs associated with the department. STONE MUNICIPAL GROUP 11 Cooperative Fire Agreement Sensitivity Analysis For scenario two we continued with projecting costs using the most likely, worst case, and best case assumptions. In addition to inflation and economic assumptions, we added a worst case scenario where the Measure X income tax allocation increases at a slower rate. (i.e. 2% vs. 2.3%) This change materially affected the future net budget impact to the City of Pinole and is one of the single largest future cost variables. Under the best case scenario, we assumed Measure X would continue for every year services are contracted and would increase annually at a reasonable growth rate. We calculated the future expected budget outcome and annual budget variance between the CCCFPD scenario two and City provided scenario one cost forecasts. These are intended to provide the City of Pinole a reasonable range of likely future cost of service as well as the favorable (unfavorable) results of each. STONE MUNICIPAL GROUP 12 Additional Information & Analysis Cost Comparison of Scenarios Based on the most likely assumptions and the annual sinking fund for capital outlays, the CCCFPD (“scenario two”) option provides the lowest net budget impact to the City of Pinole in FY 2023-24 (“Yr 1”) . Over time, the CCCFPD contract is expected to cost less than the current operations by $108,800 per year on average. This amount assumes the Measure X allocation grows at 2.3% for all years a contract for service is in place. Note the City’s current staffing of fifteen full time equivalents (15 firefighters) supplies one station currently, whereas CCCFPD staffs two stations. STONE MUNICIPAL GROUP 13 Contra Costa County Fire Protection District Administrative Cost Below is a list of indirect costs that together represent the rationale behind the 10% proposed administrative cost. ●Administration - Fire Chief, Deputy Fire Chief, Fire Marshal ●Public Information Officer ●General and automobile liability ●Information Technology Support and Infrastructure ●Payroll, Accounting, Fire District Human Resources ●Fire Investigation Services ●Training Administration, Vector Solutions ●EMS Training and Quality Improvement ●County General (legal, County Administration, Auditor) Charges Contra Costa County Fire Protection District Revenue Sufficiency For this report, we assume year one (“Yr 1”) for scenario two is FY 2023-24. Based on the assumptions, the anticipated monthly CCCFPD cost of service incurred and billed to Pinole Fire Department during the first three years would be as follows: STONE MUNICIPAL GROUP 14 City of Pinole Financial Feasibility & Sustainability The City of Pinole maintains five separate funds which have supported the Fire Department over the past few fiscal years. Two of those funds relate to the City of Pinole’s Measure S funds. (i.e. 2006 & 2014) For the 2023 fiscal year budget, the total Measure S funds are estimated at $4,902,000. Historically, the Fire Department has received approximately 25%, or $1,039,873, of the total Measure S funding. The City of Pinole’s Measure S funds do not currently have a predetermined sunset or expiration date. As of the FY 2023 budget, there were $4.9M of Measure S funds appropriated, which represented 13% budget growth year over year. Source: City of Pinole Budget (FY 2021-22, FY 2022-23, & ACFR 06/30/2020 & 06/30/2021) Looking beyond the Measure S funds, the Fire Department has averaged $187,748 in department specific revenues that are expected to remain as a local funding source. Additionally each year the City Finance Department prepares a detailed budget and annual report that has certain financial policies to drive decisions. One such policy is a general reserve policy of 50%. That reserve level is currently met and the last audited financial statement reflects a General Fund Unassigned balance of $12,488,526. This amount is up 15% year over year and creates an unrestricted funding source to help stabilize operations in a period of budget contraction. Based on the anticipated lower cost of scenario two, Measure S revenues, Measure X allocation, and the annual appropriation process, it appears that the City of Pinole has the financial means to enter into an agreement if their fiscal body finds that appropriate. STONE MUNICIPAL GROUP 15 City of Pinole Financial Feasibility & Sustainability The City of Pinole Fire Department’s actual expenditures have increased an average of 10% per year between FY 2018 and FY 2022. Based on the current assumptions, the annual cost escalation under scenario one is 7.09%. Comparatively, scenario two is expected to grow by 7.32% per year based on the current assumptions. Below is a comparison of actuals versus projected future cost under both scenarios. To be conservative with forward estimates, the forecast for both scenarios include a plus or minus 10% margin of safety. STONE MUNICIPAL GROUP 16 CalPERS Fire Department Unfunded Accrued Liability Using the most recent June 30, 2020 valuation report the cumulative unfunded accrued liability (UAL) is $22,253,952 across the PERS-PEPRA Safety Fire and PERS-Safety plan. In order to allocate the amount retained by the City of Pinole, the percentage of full-time Fire Department employees vs total safety related positions could be used. At the time of this report, the pro rata portion of total CalPERS unfunded liability and amortization payments was allocated to the Fire Department was 23%. Therefore, for the 2022-23 budget cycle the remaining UAL budget impact that would remain with the City of Pinole is estimated to be $406,927. PERS-PEPRA Safety Fire: PERS-Safety: UAL Cost Projection: STONE MUNICIPAL GROUP 17 Budget Impacts - Remaining Items Below is the current budget for the Pinole Fire Department itemized by expenditure account. Were the City to enter a contract for service with CCCFPD, certain expenditure amounts would remain the responsibility of the City of Pinole and be incurred above and beyond the contractual services agreement cost. The current 2022-23 budget includes $1,105,953 for 41004 - Employee Benefits PERS Retirement. This amount includes the CalPERS Unfunded Accrued Liability (“UAL”) related to the Fire Department. Under scenario two, a portion of that budget expense would become the responsibility of Contra Costa County. However, the UAL portion would remain the financial responsibility of the City of Pinole. Therefore, we have estimated the allocation and incorporated the remaining UAL component within the retained budgetary expenditures. STONE MUNICIPAL GROUP 18 Budget Impacts - Transitioning Items Below is the current budget itemized by the expenditure account. The expenditure accounts are anticipated to be included within the cost of contractual services agreement cost. END OF REPORT STONE MUNICIPAL GROUP 19 RECOMMENDATION(S): ADOPT revised polices and procedures for the billing and collection of Contra Costa County Fire Protection District emergency ambulance services fees and charges. FISCAL IMPACT: The revisions to policy AMB-5 - Compassionate Care Program will expand the number of patients eligible for a partial waiver of balances owed, which may affect the amount collected for those accounts. BACKGROUND: On February 9, 2016, the Contra Costa County Fire Protection District Board of Directors adopted policies and procedures for the billing and collection for emergency ambulance services. The District has served as Contra Costa County's 9-1-1 ambulance provider since January 1, 2016. Over time, it has become apparent there is a need to modernize the ambulance billing policies to better meet the needs of patients and the District. Insurance companies do not always cover 100% of the cost of 911 services, and patients may be responsible for copays, deductibles, or the total cost of service. These costs can become overwhelming in today's ever changing economic times and the District is committed to providing superior emergency and non-emergency services to all patients regardless of their ability to pay. These updated policies are designed to better meet that goal, as well as ensure continued financial viability of the ambulance service system. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Terry Carey, Assistant Chief 925-941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.3 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Emergency Ambulance Billing and Collection Policies Update BACKGROUND: (CONT'D) We ask that the Board of Supervisors consider adopting the revised ambulance billing policies. CLERK'S ADDENDUM Speaker: No name given. ADOPTED revised polices and procedures for the billing and collection of Contra Costa County Fire Protection District emergency ambulance services fees and charges, to include additional descriptive wording to clarify certain billing at the Advanced Life Support (ALS) rate. ATTACHMENTS Proposed Ambulance Policies Current Ambulance Policies CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-1 – Approved Billing Rates Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION The Contra Costa County Fire Protection District (“District”) will charge patients emergency ambulance services billing rates that are established by the Contra Costa County Emergency Medical Services Authority. The contract between the County and the District mandates that the District charge the rates set forth in the contract. The District Board of Directors adopts the contractually mandated rates on an annual basis through adoption of an ordinance. The rates may be amended or altered as provided by the contract between the County and the District, and by rate-setting ordinance. Emergency Ambulance Services Fee Calculation The current rates for emergency ambulance response base rate, mileage rate, oxygen administration charge, and treat and refused transport rate are set forth on Contra Costa County’s Emergency Medical Services website at: https://cchealth.org/ems/ambulance-rates.php. For each emergency ambulance service call, the District shall charge the patient the emergency ambulance response base rate; plus mileage costs at the mileage rate. If oxygen is administered to a patient, the District shall charge the patient the oxygen administration charge, whether transported or not. If a patient is treated and refuses transport, the District shall charge the treat and refused transport rate. POLICY All patients receiving emergency ambulance services will be billed according to the fees for service identified on Contra Costa County’s Emergency Medical Services website at: https://cchealth.org/ems/ambulance-rates.php, regardless of their residency. Separate fire first responder fees may be assessed, as a line item in addition to the fees identified above. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-2 – Billing Guidelines for Death On Arrival or Death During Transportation Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION This policy is established for instances in which a patient is provided emergency ambulance services, but is pronounced dead at the scene, or where a patient dies during transportation to the hospital. POLICY In all instances where a patient is pronounced dead at the scene or dies during transportation to the hospital and prior to being transferred to the receiving hospital, the District will invoice and follow the Medicare guidelines for reimbursement set forth below regardless of the insured status of the patient. Time of Death Pronouncement Medicare Payment Determination Before dispatch. None. After dispatch, before patient is loaded onboard ambulance (before or after arrival at the point-of-pickup). The provider’s/supplier’s BLS base rate, no mileage or rural adjustment; use the QL modifier when submitting the claim. After pickup, prior to or upon arrival at the receiving facility. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-3 – Returned Checks Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION Returned checks cause additional work and expense to process and collect revenue from operations. This policy authorizes the Fire District to charge additional fees to cover this expense. POLICY A Non-Sufficient Funds (NSF) fee of $25.00 will be charged to the patient for all returned checks. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-4 – Payment Plans Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION This policy addresses situations where a patient wants to enter into a payment plan to assist the patient in paying their ambulance bill. Payment plans will only be permitted as described in the policy below. POLICY 1. The District will offer individuals who are unable to pay their bills in one payment the option of an interest‐free extended payment plan. The terms of the payment plan will be negotiated between the District and the patient, but will at least meet the following minimum requirements: a. Minimum monthly payment of $50.00; b. If balance of the bill can be paid in three months, the plan may call for monthly payments of $25.00; c. The maximum term of the payment plan is 36 months; and d. Payment will be made via cash, check, or credit card. 2. The District will not send unpaid bills to a collection agency while the patient is attempting in good faith to negotiate a reasonable payment plan. 3. The District may declare the payment plan inoperative if the patient fails to make all consecutive payments during a 90‐day period CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 2 POLICY AMB-5 – Compassionate Care Program Effective: September 2022 Pages: 1 of 2 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION Not every patient has the ability to pay a bill for emergency ambulance services, particularly if they are not insured. This policy establishes the District’s Compassionate Care Program for patients with financial hardships and establishes criteria for the District to discount up to 100% of a patient’s ambulance services bill based on income. POLICY 1. The term “Uninsured Patient” means an individual that does not have third party coverage from a health insurer, health care service plan, Medicare, or Medi-Cal, and whose injury is not compensated under a Workers’ Compensation plan, automobile insurance, or other insurance as determined and documented by the District. A patient who has reached a lifetime limit on the patient’s insurance benefits will be considered an “Uninsured Patient” for services in excess of that limit. 2. If the District determines that a financial hardship may prevent the patient from paying the total amount of their bill, the District may provide the patient with a Compassionate Care Program (CCP) application if: a. All available insurance has been billed and exhausted and/or there is a remaining amount owed after the District has sent the third bill. or b. The patient is an Uninsured Patient. or c. At any time, the patient notifies the District of hardship in paying any amount owed greater than $50. All applications will be reviewed and approved or declined by District management. Patient’s must submit proof of eligibility based on the requirements outlined below. Application will be denied if the applicant does not financially qualify, or does not provide the required documentation outlined in the Compassionate Care Program (CCP) application. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 2 of 2 Total household income as defined by the U.S. Health and Human Services: 0- 125% of the federal poverty level or below will receive 100% waiver of all balances owed (up to 5 accounts). 126 - 200% of the federal poverty level or below will receive a 75% waiver of all balances owed (up to 5 accounts). 201 - 250% of the federal poverty level or below will receive a 50% waiver of all balances owed (up to 5 accounts). 250%+ - above the federal poverty level no discount will be approved. *If the patient makes a reasonable effort to obtain documentation, but is unable to do so through no fault of his/her own, an attempt will be made to make an eligibility determination without such documentation. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 2 POLICY AMB-6 – Write-Off Policy Effective: September 2022 Pages: 1 of 2 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION As a normal course of business, certain charges may be uncollectible balances. In the case of certain government payers, such as Medi‐Cal, the District must agree to take what is allowable under the government program. In other cases, there may be a need to write off an amount that is not likely to be recovered. This policy authorizes the District to write off certain account balances as uncollectible. POLICY Bankruptcies 1. Documents opening the bankruptcy case and providing the details of the filing including: a. Notice of Automatic Stay; b. Case meeting of creditors and establishment of case deadlines c. Notice of a case dismissal being vacated, and order to reopen case; 2. A document regarding status of the case and date of hearings; 3. Dismissal of the case establishing that the creditors may once again collect on the patient’s debt, including: a. Notice of Dismissal; b. Order Closing Case without Entry of Discharge; and c. Discharge of Debtor; Small Balances 1. Account balances of $50.00 or less will be written off. Minor’s Accounts 1. Minor’s accounts will not be written off. Deceased Patient 1. If a patient lives in a state where community property laws apply and the patient has a surviving spouse, the District will proceed to collect payment of the bill. In consideration of the surviving spouse’s situation, the District may choose to write off any remaining balance after insurance payments have been received. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 2 of 2 a. If there is no surviving spouse, the account will be written off. Timing of Write‐Offs 1. All account write‐offs will be reported to the District Board of Directors on a semi-annual basis at a regularly scheduled board meeting. Medicare Copay 1. Uncollectable Medicare Amount. a. The District will proceed to collect payment from a Medicare insured patient for the Medicare insured patient’s copayment responsibility. b. The District will not proceed to collect payment from a Medicare insured patient for the amount of a bill not covered by Medicare unless Medicare denies coverage completely (e.g., Not Medically Necessary), in which case the District will invoice a Medicare insured patient at the published Medicare Allowable Rate. Private Health Insurance 1. The District will proceed to collect payment from privately insured patients for the amount of a bill not paid by the patient’s insurance. Lift Assistance 1. The District will not seek payment for calls for Lift Assistance. Treat and Refused Transport (TNT) 1. Situations where a patient is Released at the scene (RAS) and or Against Medical Advice (AMA) outcomes where no care is rendered will be processed for billing through the insurance company. Any remaining balance may be considered for waiver of payment depending on District’s assessment of the patient’s ability to pay. 2. If multiple members of the same family fall under TNT guidelines at the same incident only the District may choose to charge only the primary family member the TNT fee. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-7 – Payment Settlements, Victim of Crime Program, Discount Programs, Filing of Claims Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION The policies below address various issues not otherwise found in the policy manual. POLICY Discount Programs 1. The District will not provide prompt payment discounts or hospital discount programs. Except as otherwise provided in another ambulance policy, the District does not accept settlement offers to settle a bill for less than the full amount. 2. Emergency first responders and District employees that require emergency ambulance services due to an injury or illness suffered while on duty will not be billed by the District for emergency ambulance services. State of California Victims of Crime (VOC) program 1. Upon District’s verification, patients transported or receiving services as a result of a criminal act will not be charged by the District directly for the services provided. The VOC fund may be invoiced for the services provided if likely to result in payment. Filing of Estate Claims 1. The District will file claims against the estate of a patient as necessary to recover fees for services provided. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-8 – Customer Complaint Procedure Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION The purpose of this procedure is to ensure that all customer complaints are thoroughly investigated, and resolution is provided to the complainant in a timely, consistent manner. POLICY 1. Customers and patients will have access to the Alliance through the use of a toll free number, the District website, and an email account for customer service issues. 2. All inquiries and complaints received by the ambulance subcontractor regarding District operations or first responder services provided by the District will be routed to the District EMS Division. 3. The District’s EMS billing contractor will receive, process, and resolve all inquiries and complaints regarding medical billing, invoicing, and payment processing. a. Any dispute or inquiry that cannot be resolved by the billing contractor will be routed to the Fire District EMS Division within one business day for follow-up and resolution by District staff. b. All inquiries and complaints received by the ambulance subcontractor relative to billing services, patient payments, or invoices will be routed to the Fire District’s EMS billing contractor within one business day. Complaint Processing Time: Regardless of the method of notification, the District will cause a response to be initiated to the complainant as soon as possible. If the complaint, inquiry, or issue is still pending, the complainant is to be informed that their concern is being researched, and a representative from the contractor will be in contact as soon as the investigation is complete. Complaint Resolution: When a billing investigation is complete and resolution has been determined, the District will cause the EMS billing contractor to notify the complainant in writing of the outcome. All complaints other than billing complaints will be addressed by the correct division and follow up will be communicated as appropriate. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-9 – Collections Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION In the normal course of the District conducting emergency ambulance services, it may be necessary to send unpaid bills to a collections service for further attempts to contact the responsible party and recover the fees for providing services. POLICY 1. The District may send unpaid accounts to a collections agency if (1) the account is unpaid after 90 days, (2) three billing invoices have been sent to the responsible party, and (3) the amount payable is greater than $50.00. 2. The District will not invoice a patient more than three times prior to the sending the patient’s account to collections. 3. The District will not use wage garnishments or liens on primary residences as a means of collecting the unpaid bills of any patient who qualified for the Compassionate Care Program. 4. None of the District, the assignee of a District account receivable, or a collection agency may report adverse information to a consumer credit reporting agency concerning, or commence a civil action against, a patient who lacks insurance coverage. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Page 1 of 1 POLICY AMB-10 – Request for Information/Reports Effective: September 2022 Pages: 1 of 1 Revised: September 2022 Next Review: TBD Approved by: Assistant Fire Chief Terence Carey – Emergency Medical Services Division INFORMATION From time to time, the Contra Costa EMS Agency (CCCEMS) may request data and/or audit reports on focused topics. Per the Emergency Ambulance Services Contract Section M5: “Contractor shall comply with requests by CCCEMS for data and audit reports on focused topics. These topics may include any services provided under this Contract. CCCEMS shall provide a reasonable timeline for submission of requested focused audit reports at the time of the request.” This policy will define “reasonable timeline” and establish a process/system by which the “data and audit reports on focused topics” requests are to be filled. POLICY 1. “Reasonable Timeline”: means ten (10) business days from the date the request is marked as received, unless otherwise agreed to by an authorized representative from both the CCCEMS and the Contra Costa County Fire Protection District (CCCFPD). 2. Upon CCCEMS requests for data and/or audit reports, a reasonable timeline shall be provided, as defined above for submission of information. 3. When the due date/deadline has been agreed upon it will be confirmed by email by both agencies. 4. Upon receipt of confirmation of agreement, the request will be processed. In the event the agreed upon deadline is in danger of being missed, CCCFPD will communicate via email with a status update to the CCCEMS. 5. Upon completion of the delivery on the requested item, a follow-up email from the receiving party will be sent to the providing party confirming the information has been received and the request fulfilled in its entirety. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-1 SUBJECT: Approved Billing Rates Revision Date 3/1/2018 Replaces NEW Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION The District will charge patients emergency ambulance services billing rates that are established by the Contra Costa County Emergency Medical Services Authority. The contract between the County and the District mandates that the District charge the rates set forth below. The Fire District Board of Directors adopted the rates set forth below through adoption of Ordinance No. 2018-10. The rates may be amended or altered as provided by the contract between the County and the Fire District, and by amending the rate-setting ordinance. Emergency Ambulance Services Fee Calculation For each Emergency Ambulance Service call, District shall charge the patient the Emergency Ambulance Response Base Rate, plus mileage costs at the Mileage Rate. If oxygen is administered to a patient, District shall charge the patient the Oxygen Administration Charge, whether transported or not. If a patient is treated and refuses transport, District shall charge the Treat and Refused Transport rate. 1. Emergency Ambulance Response Base Rate................................................... $2,245.40 2. Mileage Rate (for each mile traveled with a loaded patient)............................... $53.56 3. Oxygen Administration Charge........................................................................... $187.46 4. Treat and Refused Transport.............................................................................. $481.00 POLICY All patients receiving emergency ambulance services will be billed according to the fees for service identified above, regardless of their residency. Individual fire district or fire department first responder fees may be assessed, as a line item in addition to the fees identified above, as applicable to each jurisdiction. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-2 SUBJECT: Billing Guidelines for Death On Arrival or Death During Transportation Revision Date 1/1/16 Replaces NEW Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION This policy is established for instances in which a patient is provided emergency ambulance services, but is pronounced dead at the scene, or where a patient dies during transportation to the hospital. POLICY In all instances where a patient is pronounced dead at the scene or dies during transportation to the hospital and prior to being transferred to the receiving hospital, the District will invoice and follow the Medicare guidelines for reimbursement (as set forth below) for these events shall be followed, regardless of the insured status of the patient. Time of Death Pronouncement Medicare Payment Determination Before dispatch. None. After dispatch, before patient is loaded onboard ambulance (before or after arrival at the point-of-pickup). The provider’s/supplier’s BLS base rate, no mileage or rural adjustment; use the QL modifier when submitting the claim. After pickup, prior to or upon arrival at the receiving facility. Medically necessary level of service furnished. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-3 SUBJECT: Returned Checks Revision Date 1/1/16 Replaces NEW Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION Returned checks cause additional work and expense to process and collect revenue from operations. This policy authorizes the Fire District to charge additional fees to cover this expense. POLICY A Non-Sufficient Funds (NSF) fee of $25.00 will be charged to the patient for all returned checks. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-4 SUBJECT: Payment Plans Revision Date 10/25/16 Replaces 1/1/16 Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual   INFORMATION    This policy addresses situations where a patient wants to enter into a payment plan to assist  the patient in paying their ambulance bill.  Payment plans will only be permitted as described in  the policy below.    POLICY    1. The District will offer individuals who are unable to pay their bills in one payment  interest‐free extended payment plans.  The terms of the payment plan will be  negotiated between the District and the patient, but will at least meet the following  minimum requirements:  a. Minimum monthly payment of $50.00;  b. If balance of the bill can be paid in three months, the plan may call for monthly  payments of $25.00;  c. The maximum term of the payment plan is 12 months; and  d. Payment will be made via cash, check, or credit card.    2. The District will not send unpaid bills to a collection agency while the patient is  attempting in good faith to negotiate a reasonable payment plan.    3. The District may declare the payment plan inoperative if the patient fails to make all  consecutive payments during a 90‐day period.    CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-5 SUBJECT: Compassionate Care Program Revision Date 1/1/16 Replaces NEW Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION Not every patient may have the ability to pay a bill for emergency ambulance services, particularly if they are not insured. The Compassionate Care Program (CCP) is established for financial hardships and to establish criteria for the District to discount 100% of a patient’s ambulance services bill. POLICY 1. The term “Uninsured Patient” means an individual that does not have third-party coverage from a health insurer, health care service plan, Medicare, Medi-Cal, and whose injury is not compensated under a Worker’s Compensation plan, automobile insurance, or other insurance as determined and documented by the District. A patient who has reached a lifetime limit on the patient’s insurance benefits will be considered an “Uninsured Patient” for services in excess of that limit. 2. If a patient informs the District that a financial hardship may prevent the patient from paying the total amount of their bill, the District will provide the patient with a Compassionate Care Program (CCP) application if the following criteria are met: a. The applicant is prescreened at an income level that is equal to or less than the transport areas defined hardship level (125% of the federal poverty level). b. The patient is an Uninsured Patient. 3. A patient must submit an application for the Compassionate Care Program and provide all necessary documentation within 60 days after initial billing. Eligibility for a 100% discount of ambulance services fees will be denied if the applicant does not financially qualify, or does not provide the required documentation within 60 days of the initial billing. If the patient makes a reasonable effort to obtain documentation, but is unable to do so through no fault of his/her own, an attempt will be made to make an eligibility determination without such documentation. FPB Policy A-7 OVERTIME APPROVAL Rev. 1/23/13 2 4. All applications will be reviewed and approved or declined by District management. 5. If a patient’s application is approved under the CCP, the patient will receive a 100% write-off of their bill. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-6 SUBJECT: Write-Off Policy Revision Date 10/25/16 Replaces 1/1/16 Approved By Fire Chief Pages 2 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual   INFORMATION    As a normal course of business, certain charges may be uncollectable balances.  In the case of  certain government payers, such as Medi‐Cal, the Fire District must agree to take what is  allowable under the government program.  In other cases, there may be a need to write off a  small amount that is not likely to be recovered or is not worth the time and expense in  attempting to recover.  This policy authorizes certain charges to be written off as uncollectable  balances.  POLICY    1. Bankruptcies. The District is prohibited by law from billing a patient after it has received  a notice of automatic stay because the patient has filed for bankruptcy.   a. The District will write off bills for patient bankruptcy filings upon the District’s  receipt of documentation in any of the following forms:  i. Documents opening the bankruptcy case and providing the details of the filing  including:  A. Notice of Automatic Stay;  B. Case meeting of creditors and establishment of case deadlines   C. Notice of a case dismissal being vacated, and order to reopen case;  ii. A document regarding status of the case and date of hearings;  iii. Dismissal of the case establishing that the creditors may once again collect on  the patient’s debt, including:  A. Notice of Dismissal;  B. Order Closing Case without Entry of Discharge; and  C. Discharge of Debtor;    2. Small Balances.  Account balances of $10.00 or less will be written off.    CCCFPD Policy AMB‐6 WRITE OFF POLICY Rev. 1/1/16  2    3. Minor’s Accounts.  Minor’s accounts will not be written off; however the Compassionate  Care Program application (AMB‐5) may be completed by the guardian of the minor.    4. Deceased Patient.  If a patient lives in a state where community property laws apply and  the patient has a surviving spouse, the District will proceed to collect payment of the  bill.  a. If there is no surviving spouse the account will be written off.    5. Timing of Write‐Offs.  All write‐offs will be approved by the District Board of Directors  on a quarterly basis at a regularly scheduled board meeting.    6. Medicare Copay; Uncollectable Medicare Amount.  a. The District will proceed to collect payment from a Medicare insured patient for the  Medicare insured patient’s copayment responsibility.  b. The District will not proceed to collect payment from a Medicare insured patient for  the amount of a bill not covered by Medicare unless Medicare denies coverage  completely (e.g., Not Medically Necessary), in which case the District will invoice a  Medicare insured patient at the published Medicare Allowable Rate.  7. Private Health Insurance.  The District will proceed to collect payment from privately  insured patients for the amount of a bill not paid by the patient’s insurance.    CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-7 SUBJECT: Payment Settlements, Victim of Crime Program, Discount Programs, Filing of Claims Revision Date 1/1/16             Replaces  NEW  Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual   INFORMATION    The policies below address various issues not otherwise found in the policy manual.  POLICY    1. Discount Programs.  The Fire District will not provide prompt payment discounts or hospital  discount programs.    2. Ambulance Services provided to District employees and District Ambulance Subcontractor  personnel Injured while on duty.  A District employee, or an employee of District’s ambulance  subcontractor, that requires an emergency ambulance transport due to an injury suffered while  on duty will not receive a bill for emergency ambulance services.  3. Victims of Crime (VOC) program.  Upon verification, victims transported or receiving services as  a result of a criminal act will not be charged directly for the services provided.  The VOC fund will  be invoiced for the services provided.  4. Filing of Estate Claims.  The District will file claims against the estate of a patient as necessary to  recover fees for services provided.  CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-8 SUBJECT: Customer Complaint Procedure Revision Date 1/1/16 Replaces NEW Approved By Fire Chief Pages 2 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION The purpose of this procedure is to ensure that all customer complaints are thoroughly investigated, and resolution is provided to the complainant in a timely, consistent manner. POLICY 1. Customers and patients will have access to the Alliance through the use of a toll free number, the District website, and an e-mail account for customer service issues. 2. The District’s ambulance subcontractor will receive, process, and resolve all inquiries and complaints regarding service and patient care related to ambulance transport. a. Any issues, complaints, or inquiries that cannot be resolved by the contractor will be routed to the Fire District EMS Division. 3. All inquiries and complaints received by the ambulance subcontractor relative to Fire District operations or first responder services provided by the Fire District will be routed to the Fire District EMS Division within one business day. 4. The District’s EMS billing contractor will receive, process, and resolve all inquiries and complaints regarding medical billing, invoicing, and payment processing. a. Any dispute or inquiry that cannot be resolved by the billing contractor will be routed to the Fire District EMS Division within one business day for follow-up and resolution by District staff. b. All inquiries and complaints received by the ambulance subcontractor relative to billing services, patient payments, or invoices will be routed to the Fire District’s EMS billing contractor within one business day. Complaint Processing Time: 1. Regardless of the method of notification, a response shall be initiated to the complainant within two business days. If the complaint, inquiry, or issue is still pending, the complainant is to be informed that their concern is being researched, and a representative from the Alliance will be in contact as soon as the investigation is complete. CCCFPD Policy AMB-8 CUSTOMER COMPLAINT PROCEDURE Rev. 1/1/16 2 Complaint Resolution: 1. When the investigation is complete and resolution has been determined, the division responsible for handling the complaint will respond in the same manner in which the complaint arrived. 2. If the complaint is received as written correspondence, a written response advising of the outcome of the investigation is to be sent to the complainant upon a completed investigation into the complaint. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-9 SUBJECT: Collections Revision Date 1/1/16 Replaces NEW Approved By Fire Chief Pages 1 DISPOSITION: Place in Billing and Collections Policy & Procedure Manual INFORMATION In the normal course of the District conducting emergency ambulance services, it may be necessary to send unpaid bills to a collections service for further attempts to contact the responsible party and recover the fees for providing services. POLICY 1. The District may send unpaid accounts to a collections agency if the account is unpaid after 90 days and the amount payable is greater than $10.00. 2. The District will not invoice a patient more than three times prior to the sending the patient’s account to collections. 3. The District will not use wage garnishments or liens on primary residences as a means of collecting the unpaid bills of any patient who qualified for the Compassionate Care Program. 4. None of the District, the assignee of a District account receivable, or a collection agency may report adverse information to a consumer credit reporting agency concerning, or commence a civil action against, a patient who lacks insurance coverage. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Emergency Ambulance Services POLICY AMB-10 SUBJECT: Request for Information/Reports Revision Date 7/20/16 Replaces NEW Approved By B. Atlas Pages 1 DISPOSITION: Place under Emergency Ambulance Services INFORMATION From time to time, the Contra Costa EMS Agency (CCCEMS) may request data and/or audit reports on focused topics. Per the Emergency Ambulance Services Contract Section M5: “Contractor shall comply with requests by CCCEMS for data and audit reports on focused topics. These topics may include any services provided under this Contract. CCCEMS shall provide a reasonable timeline for submission of requested focused audit reports at the time of the request.” This policy will define “reasonable timeline” and establish a process/system by which the “data and audit reports on focused topics” requests are to be filled. POLICY 1. “Reasonable Timeline”: shall mean ten (10) business days from the date the request is marked as received, unless otherwise agreed to by an authorized representative from both the CCCEMS and the Contra Costa County Fire Protection District (CCCFPD). 2. Upon CCCEMS requests for data and/or audit reports, a reasonable timeline shall be provided, as defined above for submission of information. 3. When the due date/deadline has been agreed upon it will be confirmed by email by both agencies. 4. Upon receipt of confirmation of agreement, the request will be processed. In the event the agreed upon deadline is in danger of being missed, CCCFPD will communicate via email with a status update to the CCCEMS. 5. Upon completion of the delivery on the requested item, a follow-up email from the receiving party will be sent to the providing party confirming the information has been received and the request fulfilled in its entirety. RECOMMENDATION(S): APPROVE and AUTHORIZE the Fire Chief to execute the Advanced Life Support (ALS) First Responder Contract with Contra Costa Emergency Medical Services Agency providing revenues to the Fire District in an amount not to exceed $5,376,369 to provide pre-hospital emergency medical first responder services, for the period July 1, 2022 through June 30, 2025. FISCAL IMPACT: The contract provides Measure H funding of approximately $5.3 million over three fiscal years. There are costs associated with implementing certain programs and contractual requirements associated with this agreement, such as training programs, quality improvement oversight, and contract compliance. While some of these programs are current and already included in the District budget, others will be new expenses needed to comply with the full requirements of the agreement. A consultant will need to be engaged in order to meet the requirement of establishing EMS response time standards within the first twelve months of the agreement; this is not a cost currently accounted for in the FY 2022/23 budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Lewis T. Broschard III, Fire Chief, 925-941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Advanced Life Support (ALS) - First Responder Contract with Contra Costa Emergency Medical Services Agency BACKGROUND: As a provider of advanced life support (ALS) paramedic first responder services, the Contra Costa County Fire Protection District (District) is required to have a written agreement with the local emergency medical system authority (CCCEMSA) to participate in the emergency medical system, pursuant to California Code of Regulations. This three-year agreement requires the District to provide ALS first responder services throughout its jurisdiction, except for those communities recently annexed (Brentwood, Oakley, and Discovery Bay), perform certain mandated training on a variety of emergency medical services topics, provide timely reports to the CCCEMSA on a multitude of subjects and contractual requirements, as well as have all training curriculum approved by the CCCEMSA prior to delivery of the training. Additionally, the agreement requires the District to establish response time standards for EMS calls and to have those standards developed and approved by the Board of Directors within one year of executing the agreement. This agreement provides revenue to the District that partially offsets the costs of providing ALS first response services. The costs of supporting this level of service include medical control and oversight by a licensed physician; disposable and durable supplies, including medications and EMS equipment; capital equipment such as cardiac monitors and communications equipment; and the recruiting, hiring, training, and staffing of paramedic firefighters. This agreement requires a significant level of effort for the District to comply with all the elements contained within the agreement. The District will be evaluating the need for additional staffing and potential consulting services needed to ensure the District is fulfilling the intent and complying with all the requirements of the agreement. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Contra Costa County Fire Protection District (CCCFPD) will not be in compliance with the California Code of Regulations requirement that an advanced life support (ALS) provider have a written agreement with the local emergency medical system authority to participate in the emergency medical system, and CCCFPD will not be eligible for Measure H First Responder and ALS program support. This would negatively impact patient care within the CCCFPD service area. CLERK'S ADDENDUM Speakers: No name given; Liz Ritchie; Marshall Bennett, Director of Emergency Medical Services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Fire Chief, or designee, to accept a FY 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant through the U.S. Department of Homeland Security, Federal Emergency Management Agency, in an amount not to exceed $7,548,363 over a three-year period. FISCAL IMPACT: 80% Federal, 20% District Funds. The SAFER grant budget is approximately $9.5 million over three years. The Federal award is approximately $7.5 million. The District will be responsible for providing local agency funds for the gap amount of approximately $2 million. The SAFER grant will reimburse the District for the costs associated with salary and benefits for twelve (12) firefighter paramedics, while the District will need to fund the difference in costs for the promoted ranks of the Engineer and Captain positions, as well as any overtime costs associated with staffing the rescue. The local agency funds will likely not be required in the current fiscal year and will need to budgeted for FY 2023/24 and subsequent fiscal years during the course of the period of performance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Aaron McAlister, Deputy Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.5 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:FY 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant BACKGROUND: On April 26, 2022, the Contra Costa County Fire Protection District (District) Board of Directors (Board) ratified the District's application for grant funding from the U.S. Department of Homeland Security, Federal Emergency Management Agency in an amount not to exceed $11,500,000 over a three-year period, for the FY 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant program. On September 15, 2022, the District was notified of a FY 2021 SAFER award in the amount of $7,548,363. The District must respond to the award by October 21, 2022. The purpose of the SAFER grant program is to provide funding directly to fire departments to assist them in maintaining or increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards. Within the District a fire engine is typically staffed with a captain, an engineer, and a firefighter, at least one of which is a paramedic. The District's ladder trucks are staffed with four personnel, two of which are at the firefighter rank. With funding from the FY 2021 SAFER grant, the District would add a four-person dedicated rescue company consisting of a captain, engineer and two firefighters to assist with filling the need for additional, dedicated personnel for the increasing volume and complexity of rescue related incidents. A dedicated rescue company would consist of members with specialized training in rescue systems including confined space, technical rescue, high angle rope rescue, automobile extrication, building stabilization and shoring, and specialized training for incidents involving violence. Additionally, the rescue company would add system capacity to respond to structure fires, vehicle accidents, technical rescue incidents such as confined space, trench, or high angle rope rescues, vehicles into structures where shoring and stabilization is needed, and emergency medical calls. As indicated in the above paragraph, staffing a four-person dedicated rescue company consists of adding a captain, engineer, and two firefighters over three shifts. That equates to 12 positions in total. The award does fund 12 positions but it funds them at the firefighter-paramedic level. Therefore, if the District accepts this grant, general operating funds will need to cover the cost difference between firefighter-paramedic and fire captain and fire engineer. The total project cost is estimated at $9.5 million, so the District will be responsible for the difference between the award amount and the total costs. Period of Performance: The period of performance for this grant is 03/14/23 to 03/13/26. Cost Share: There will be a cost sharing component with this award. Acceptance of this award is time sensitive. The District may need to return with another action to add twelve (12) Firefighter-Paramedic positions. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, the District would not accept the SAFER grant and not be able to utilize it to staff a full-time rescue company. RECOMMENDATION(S): ACCEPT a report from the Deputy Fire Chief providing a status summary for Contra Costa County Fire Protection District fire station construction projects. (No fiscal impact) FISCAL IMPACT: Status report only. No fiscal impact. BACKGROUND: At the request of the Contra Costa County Fire Board of Directors, the Deputy Fire Chief is providing a report on the status and progress of District fire station construction projects. CONSEQUENCE OF NEGATIVE ACTION: The Board would not receive a status summary for Contra Costa County Fire Protection District fire station construction projects APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Aaron McAlister, Deputy Fire Chief (925) 941-3300 x1101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Update on Fire Station Construction Projects - October 11, 2022 ATTACHMENTS Construction Projects - October Update CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT . 4005 Port Chicago Highway, Suite 250 • Concord, CA 94520-1180 Telephone: (925) 941-3300 • Fax: (925) 941-3309 • www.cccfpd.org 000. October 11, 2022 TO: Board of Directors FROM: Aaron J. McAlister, Deputy Fire Chief RE: Update on Fire Station Construction Projects  Fire Station 9 – Pacheco This project has reached a milestone for the environmental reports required to seek FAA approval for the land use modification. All reports have been received , and the documents are being packaged for submittal to FAA this month to seek FAA non-aviation (fire station) land use approval for the proposed site. Fire District staff continue to work with other County staff to identify long-term solutions to drainage and permitting requirements that must be solved in order to advance t he project further. If these challenges are not solved in the next quarter, the Fire District may be forced to consider alternative sites.  Fire Station 54 – Downtown Brentwood Demolition of the former downtown station is in progress. Last week, the Board approved the architectural contracts, and we will be awarding the design of this project in the coming weeks. We remain in the investigation phase of a lot line adjustment on both sides of the project. Making some modifications of the lot line on both sides would increase the functionality of the fire station.  Contra Costa Regional Fire Communications Center (CCRFCC) – Pleasant Hill Conceptual design drawings are complete. Fire District staff are reviewing and determining next steps to develop full construction drawings. The goal is to go out to bid in early 2023.  Fire Station 51 – Brentwood Surveying of the site has begun. This facility will be located at Empire and Grant in Brentwood. In addition to a fire station, a branch office for the Fire Prevention Division will be located on this site. An initial kickoff meeting has been held with the architect. This project is being completed using the design build delivery method. RECOMMENDATION(S): APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with BSI America Professional Services Inc. for environmental, health, safety, and sustainability consulting support, for the term October 11, 2022, through June 30, 2023, in an amount not to exceed $200,000. FISCAL IMPACT: 100% CCCFPD General Operating Fund BACKGROUND: Contra Costa County Fire Protection District's (Fire District) recent annexation of the East Contra Costa Fire Protection District brought substantial growth to the Fire District along with the immediate need to update and align our safety policies. The Fire District is in need of a dedicated consultant to analyze, make recommendations, update the Fire District's IIPP to current fire service standards, and prioritize safety throught the Fire District. BSI EHS Services and Solutions (BSI) has expertise and experience in each of these areas and has successfully worked with the Training and Safety Division throughout the COVID-19 pandemic. BSI is also currently contracted by Contra Costa County to provide guidance on Cal/OSHA regulations and safety recommendations affecting all County employees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Dave Watson, Assistant Fire Chief - Training, 925-941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.1 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Contract for Environmental, Health, Safety, and Sustainability Consulting Support CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the District will continue to seek a dedicated consultant to achieve these critical goals. RECOMMENDATION(S): APPROVE and AUTHORIZE the Fire Chief, or designee, to execute a contract with O3, Inc. in an amount not to exceed $525,000, for information technology strategic planning and governance services for the term October 11, 2022 to June 30, 2025. FISCAL IMPACT: Budgeted; 100% CCCFPD General Operating Fund BACKGROUND: Contra Costa County Fire Protection District (Fire District) is dependent on its IT infrastructure and professional services to achieve its mission. Like other public safety organizations, the Fire District is challenged with keeping pace with the growth of the organization, compliance requirements, innovation trends, the need for digital transformation, reducing and containing costs, and supporting ongoing 24x7x365 emergency and non-emergency operations. These challenges can only be addressed by establishing and maintaining an agile, efficient, integrated, mission-focused, and strategically-aligned IT organization. The establishment of a strategically-aligned IT organization requires the implementation of an IT Governance framework. Governance of Enterprise IT (GEIT) is a comprehensive framework that incorporates providing strategic direction, ensuring that the objectives of the plan are achieved, ascertaining that risk is managed appropriately, verifying that the resources are used responsibly, and ultimately ensuring that the investments made yield the value desired by the Fire District. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Jeff Peter, Assistant Chief; 925-941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.2 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Contract for Digital Transformaton and Information Technology Governance BACKGROUND: (CONT'D) The Fire District’s Information Technology (IT) needs are highly dynamic, demand driven, and are constantly pushing the boundaries of innovation. O3, Inc. will provide consultation, direction, and technical assistance to the Fire District to assist with the implementation of the digital transformation and information technology governance strategic initiatives. The Fire District's strategic plan includes an initiative to transition to a data and digital-centric business model. To assist the Fire District in progressing toward the completion of this goal, O3, Inc. will work closely with the Communications Division Assistant Chief, senior staff, and steering committees to set and implement a digital strategy. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, on behalf of the Contra Costa County Fire Protection District, to make a payment to Moraga-Orinda Fire District, in an amount not to exceed $164,250, as reimbursement for the second year of the Zonehaven Agreement for a comprehensive regional evacuation support system. FISCAL IMPACT: 100% CCCFPD General Operating Fund BACKGROUND: Moraga-Orinda Fire District (MOFD) was awarded a grant as a sub-recipient of an Urban Areas Security Initiative Grant (UASI) awarded to Contra Costa County in the amount of $300,000. The purpose of the grant was to contract the development of a comprehensive evacuation support system consisting of fire modeling, evacuation polygons and an evacuation decision support tool. MOFD initiated a competitive bidding process and issued a Request for Proposals (RFP) for Cloud-Based Evacuation Management and Community Evacuation Interface Software. MOFD received one proposal from Zonehaven, Inc. and executed a three-year agreement. The first year payment due to Zonehaven, which included set up, was $299,250. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: Brian Helmick, Deputy Fire Chief 925-941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.3 To:Contra Costa County Fire Protection District Board of Directors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 11, 2022 Contra Costa County Subject:Authorize Payment to Moraga-Orinda Fire District for Zonehaven Evacuation Module BACKGROUND: (CONT'D) Year two and three payments are $164,250 annually. The UASI award covered the first year payment. In the absence of additional funding, MOFD has indicated they will terminate the agreement with Zonehaven. The agreement is attached. Contra Costa County Fire Protection District -- as the largest regional agency -- has agreed to pay the second year payment and work with the County Fire Chiefs to discuss options the third year payment. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Zonehaven agreement will be terminated. ATTACHMENTS MOFD Zonehaven Agreement MOFD Invoice Zonehaven Year 2 Genasys Zonehaven Invoice Year 2 County of Contra Costa 1000.06 SaaS Software Agreement This SaaS Software Agreement (“Agreement”) is being entered into as of _________ (“Effective Date”) by and between Moraga Orinda Fire District (“Customer”), a Government Entity with a principal place of business at 1280 Moraga Way, Moraga, CA 94556, and Zonehaven Inc. (“Supplier”), a Delaware corporation with a principal place of business at 2034 Great Highway, San Francisco, CA 94116. In consideration of the mutual promises and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed by the parties, the parties agree as follows: 1. DEFINITIONS. 1.1 “Data” means information and data other than Confidential Information submitted by or on behalf of Customer to Supplier for incorporation into the SaaS Service. 1.2 “Documentation” means the online user instructions, help files and training materials made available by Supplier to Customer for use with the SaaS Service, as may be updated from time to time by Supplier. 1.3 “SaaS Service” means Internet access to Supplier’s evacuation planning software platform. 1.4 “Services” means the SaaS Service and any Setup Services. 1.5 “Setup Services” means the implementation, consulting, development and other professional services that Supplier may perform as described in Exhibit A. 1.6 “Third Party Offerings” means applications, services, platforms, software and products provided by third parties that interoperate with the SaaS Service. 1.7 “Users” means Customer’s employees and consultants (a) who are authorized by Customer to access and use the SaaS Service and (b) who have been supplied user identifications and passwords for such purpose by Customer (or by Supplier at Customer’s request). 2. LICENSES AND RESTRICTIONS. 2.1 Access and Use License. Subject to Customer’s compliance with the terms and conditions contained in this Agreement, Supplier hereby grants to Customer, during the term of this Agreement, a limited, non-exclusive, non-transferable right for its Users to access and use the SaaS Service in accordance with the Documentation in each case solely for Customer’s internal business purposes. Customer agrees that its purchase of the Services is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Supplier regarding any future functionality or features. 2.2 Restrictions. Customer shall not, directly or indirectly, and Customer shall not permit any User or third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the SaaS Service; (b) modify, translate, or create derivative works based on any element of the SaaS Service or any related Documentation; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the SaaS Service; (d) use the SaaS Service for timesharing purposes or otherwise for the benefit of any person or entity other than for the benefit of Customer; (e) remove any proprietary notices from the Documentation; (f) publish or disclose to third parties any evaluation DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 6/2/2021 2 County of Contra Costa 1000.06 of the SaaS Service without Supplier's prior written consent, except as otherwise required by law; (g) use the SaaS Service for any purpose other than its intended purpose; (h) interfere with or disrupt the integrity or performance of the SaaS Service; or (i) attempt to gain unauthorized access to the SaaS Service or their related systems or networks. 2.3 Reservation of Rights. Except as expressly granted in this Agreement, there are no other licenses granted to Customer, express, implied or by way of estoppel. All rights not granted in this Agreement are reserved by Supplier. 3. THIRD PARTY OFFERINGS. 3.1 Third Party Offerings. The SaaS Service may contain features designed to interoperate with Third Party Offerings. To use such features, Customer may be required to obtain access to such Third Party Offering from their providers. Any use by Customer of any such Third-Party Offerings, and any exchange of data between Customer and any provider of a Third Party Offering, is solely between Customer and the applicable provider of the Third Party Offering. Supplier does not warrant or support any Third Party Offering. 3.2 Supplier Access Codes. To the extent that Supplier requires that Customer grant Supplier authorizations, passwords or other user credentials to a Third Party Offering (“Supplier Access Codes”) to enable interoperability with the SaaS Service, Customer shall promptly provide such Supplier Access Codes. Supplier shall not share, reassign, divulge or disclose any Supplier Access Codes except to Supplier employees or contractors specifically engaged in the performance of the Services upon receiving Customer’s written consent. Supplier Access Codes shall constitute Customer’s Confidential Information under this Agreement. 4. PASSWORDS; SECURITY. 4.1 Passwords. Supplier will issue to Customer user logins and passwords for each of its Users authorized to access and use the SaaS Service. Customer shall be, and shall ensure that each of its Users are, responsible for maintaining the confidentiality of all user logins and passwords and for ensuring that each user login and password is used only by the User to which it was issued. Customer is solely responsible for any and all access and use of the SaaS Service that occurs using logins and passwords Supplier issues to Users. Customer shall restrict its Users from sharing passwords. Customer agrees to immediately notify Supplier of any unauthorized use of any account or login and password issued to Customer’s Users, or any other breach of security known to Customer. Customer is responsible for all use of Customer’s User accounts, and Customer is responsible for compliance by each User with the terms of this Agreement. Supplier shall have no liability for any loss or damage arising from Customer’s failure to comply with the terms set forth in this Section. 4.2 No Circumvention of Security. Neither Customer nor any User may circumvent or otherwise interfere with any user authentication or security of the SaaS Service. Customer will immediately notify Supplier of any breach, or attempted breach, of security known to Customer. 5. CUSTOMER OBLIGATIONS. 5.1 Data. Customer shall deliver Data to Supplier as reasonably requested by Supplier. Customer hereby grants to Supplier a non-exclusive, royalty-free, transferable, perpetual, irrevocable, worldwide, fully paid-up license (with rights to sublicense, including, without limitation, through multiple tiers of sublicensees) to use, reproduce, prepare derivative works, distribute, perform, display, and otherwise exploit the Data in connection with the SaaS Service. For the avoidance of doubt, this license survives any termination or expiration of this Agreement. DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 3 County of Contra Costa 1000.06 5.2 Acceptable Uses. Customer shall be solely responsible for its actions and the actions of its Users while using the SaaS Service. Customer acknowledges and agrees: (a) to abide by all local, state, national, and international laws and regulations applicable to Customer’s use of the SaaS Service, including, without limitation, the provision and storage of Data; (b) not to interfere or disrupt networks connected to the SaaS Service or interfere with other ability to access or use the SaaS Service; and (c) to use the SaaS Service only in accordance with the Documentation. Customer acknowledges and agrees that Supplier neither endorses the contents of any Customer communications or Data, nor assumes any responsibility for any offensive material contained therein, any infringement of Third-Party intellectual property rights arising therefrom or any crime facilitated thereby. Supplier, in its discretion, may remove, in its reasonable belief, any content in violation of this Section 5.2 posted or stored using the SaaS Service or transmitted through the SaaS Service, upon reasonable notice to Customer. Notwithstanding the foregoing, Supplier does not guarantee, and does not and is not obligated to verify, authenticate, monitor or edit the Data or any other information or data input into or stored in the SaaS Service for completeness, integrity, quality, accuracy or otherwise. Customer shall be responsible and liable for the completeness, integrity, quality, accuracy, legality, reliability, and appropriateness of Data. 5.3 Accuracy of Customer’s Contact Information; Email Notices. Customer agrees to provide accurate, current and complete information as necessary for Supplier to communicate with Customer from time to time regarding the Services, issue invoices or accept payment, or contact Customer for other account- related purposes. Customer agrees to keep any online account information current and inform Supplier of any changes in Customer’s legal business name, address, email address and phone number. Customer agrees to accept emails from Supplier at the e-mail addresses specified by its Users for login purposes. 5.4 Temporary Suspension. Supplier may temporarily suspend Customer’s or its Users’ access to the SaaS Service in the event that either Customer any of their Users is engaged in, or Supplier in good faith suspects Customer or any of their Users is engaged in, any unauthorized conduct (including, but not limited to any violation of this Agreement). Supplier shall provide reasonable notice to Customer prior to such suspension. A suspension may take effect for Customer’s entire account and Customer understands that such suspension would therefore include User sub-accounts. Customer agrees that Supplier shall not be liable to Customer, any of its Users, or any other third party if Supplier exercises its suspension rights as permitted by this Section. Upon determining that Customer has ceased the unauthorized conduct leading to the temporary suspension to Supplier’s reasonable satisfaction, Supplier shall reinstate Customer’s and its Users’ access and use of the SaaS Service. Notwithstanding anything in this Section to the contrary, Supplier’s suspension of SaaS Service is in addition to any other remedies that Supplier may have under this Agreement or otherwise, including but not limited to termination of this Agreement for cause. Additionally, if there are repeated incidences of suspension, regardless of the same or different cause and even if the cause or conduct is ultimately cured or corrected, Supplier may, in its reasonable discretion, determine that such circumstances, taken together, constitute a material breach. 6. AVAILABILITY; SUPPORT. 6.1 Availability. Subject to the terms and conditions of this Agreement, Supplier will use commercially reasonable efforts to make the SaaS Service available with minimal downtime 24 hours a day, 7 days a week; provided, however, that the following are excepted from availability commitments: (a) planned downtime (with regard to which Supplier will use commercially reasonable efforts to provide at least 24 hours advance notice, and (b) routine maintenance times as reasonably specified by Supplier, and (c) any unavailability caused by circumstances of Force Majeure described in Section 15.10. Certain enhancements to the SaaS Service made generally available at no cost to all subscribing customers during the term of this Agreement will be made available to Customer at no additional charge, subject to any conditions that may be required by Supplier. However, the availability of some new enhancements or modules to the SaaS Service may require the payment of additional fees, and Supplier will determine at its sole discretion whether access to any other such new enhancements will require an additional fee. This Agreement will apply to, and the SaaS Service includes, any bug fixes, error DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 4 County of Contra Costa 1000.06 corrections, new builds, enhancements, updates, upgrades and new modules to the SaaS Service subsequently provided by Supplier to Customer hereunder. 6.2 Support. Supplier will provide technical support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Pacific time, with the exclusion of US federal holidays (“Support Hours”). Customer may initiate a helpdesk ticket during Support Hours by calling the Supplier or by emailing support@zonehaven.com. 7. SETUP SERVICES. Supplier shall use commercially reasonable efforts to perform the Setup Services as set forth in Exhibit A. Supplier and Customer shall cooperate to enable Supplier to perform the Setup Services according to the dates of performance and delivery terms set forth in Exhibit A. In addition, Customer shall perform any Customer obligations specified in Exhibit A. In the event the Setup Services are not performed in material accordance with the terms of Exhibit A, Customer shall notify Supplier in writing no later than thirty (30) calendar days after performance of the affected Setup Services by Supplier. Customer’s notice shall specify the basis for non-compliance with Exhibit A, and if Supplier agrees with the basis for non-compliance, then at Supplier sole option, Supplier shall re-perform the Setup Services at no additional charge to Customer or refund to Customer the applicable fees for the affected Setup Service. THE FOREGOING CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SUPPLIER’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO PERFORMANCE OR NON-PERFORMANCE OF THE SETUP SERVICES. 8. FEES AND PAYMENT. 8.1 Fees. Customer agrees to pay all fees specified in Exhibit B using one of the payment methods the Supplier supports. Except as otherwise specified in this Agreement or in Exhibit B, (a) fees are quoted and payable in United States dollars, (b) fees are based on Services purchased, regardless of actual usage, and (c) payment obligations are non-cancelable and fees paid are non-refundable. Fees are based on yearly periods that begin on the Effective Date and each yearly anniversary thereof. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding, except as may be required by law. 8.2 Invoices and Payment. Except as otherwise specified in this Agreement or in Exhibit B, all fees will be invoiced in advance. Except as otherwise set forth in the applicable exhibit, Customer agrees to pay all invoiced amounts within thirty (30) calendar days of the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Supplier and notifying Supplier of any changes to such information. 8.3 Overdue Charges. If Supplier does not receive fees by the due date, then at Supplier’s discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 8.4 Suspension of Service. If any amounts owed by Customer for the Services are ten (10) or more days overdue, Supplier may, without limiting Supplier’s other rights and remedies, suspend Customer’s and its Users’ access to the Services until such amounts are paid in full. 8.5 Taxes. “Taxes” means all taxes, levies, imposts, duties, fines or similar governmental assessments imposed by any jurisdiction, country or any subdivision or authority thereof including, but not limited to federal, state or local sales, use, property, excise, service, transaction, privilege, occupation, gross receipts or similar taxes, in any way connected with this Agreement or any instrument, or agreement required hereunder, and all interest, penalties or similar liabilities with respect thereto, except such taxes imposed on or measured by a party’s net income. Notwithstanding the foregoing, Taxes shall not include payroll taxes attributable to the compensation paid to workers or employees and each party shall be responsible for its own federal and state payroll tax collection, remittance, reporting and filing obligations. Fees and charges imposed under this DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 5 County of Contra Costa 1000.06 Agreement or under any document ancillary to or referenced by this Agreement shall not include Taxes except as otherwise provided herein. Customer shall be responsible for all of such Taxes. If, however, Supplier has the legal obligation to pay Taxes and is required or permitted to collect such Taxes for which Customer is responsible under this section, Customer shall promptly pay the Taxes invoiced by Supplier unless Customer has furnished Supplier with valid tax exemption documentation regarding such Taxes at the execution of this Agreement or at the execution of any subsequent instrument or agreement ancillary to or referenced by this Agreement. Customer shall comply with all applicable tax laws and regulations. Customer hereby agrees to indemnify Supplier for any Taxes and related costs paid or payable by Supplier attributable to Taxes that would have been Customer’s responsibility under this Section 8.5 if invoiced to Customer. Customer shall promptly pay or reimburse Supplier for all costs and damages related to any liability incurred by Supplier as a result of Customer’s non-compliance or delay with its responsibilities herein. Customer’s obligation under this Section 8.5 shall survive the termination or expiration of this Agreement. 9. REPRESENTATIONS AND WARRANTIES; DISCLAIMER. 9.1 Mutual Representations and Warranties. Each party represents, warrants and covenants that: (a) it has the full power and authority to enter into this Agreement and to perform its obligations hereunder, without the need for any consents, approvals or immunities not yet obtained; (b) it has the right to grant the licenses it grants hereunder; and (c) its acceptance of and performance under this Agreement shall not breach any oral or written agreement with any third party or any obligation owed by it to any third party to keep any information or materials in confidence or in trust. Supplier warrants and represents that it is specially trained, licensed, experienced and competent to perform all the services, responsibilities and duties specified in the Agreement and that such services, responsibilities and duties shall be performed, whether by Contractor or designated subcontractors, in a manner according to generally accepted practices. 9.2 Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 9, THE SERVICES ARE PROVIDED ON AN AS-IS BASIS. CUSTOMER’S USE OF THE SAAS SERVICE AND THE SETUP SERVICES IS AT ITS OWN RISK. SUPPLIER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE EXPRESS WARRANTIES MADE BY SUPPLIER IN SECTION 9 ARE FOR THE BENEFIT OF THE CUSTOMER ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. ANY SOFTWARE PROVIDED THROUGH THE SAAS SERVICE IS LICENSED AND NOT SOLD. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 9, NO AGENT OF SUPPLIER IS AUTHORIZED TO ALTER OR EXPAND THE WARRANTIES OF SUPPLIER AS SET FORTH HEREIN. SUPPLIER DOES NOT WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (C) ANY DATA OR INFORMATION WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY CUSTOMER THROUGH THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (E) THE SERVICES WILL BE ERROR-FREE OR THAT ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (F) THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SUPPLIER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 6 County of Contra Costa 1000.06 AS BETWEEN THE PARTIES, CUSTOMER IS SOLELY RESPONSIBLE FOR ALL DECISIONS THAT IT MAKES IN RELIANCE ON INFORMATION PRESENTED THROUGH THE SERVICES. SUPPLIER SHALL NOT BE LIABLE FOR ANY RESULTING BODILY INJURY, DEATH OF ANY PERSON OR DAMAGE TO REAL OR TANGIBLE, PERSONAL PROPERTY. 10. INDEMNIFICATION. 10.1 Supplier Indemnity. (a) General. During term of this Agreement, Supplier, at its expense, shall defend Customer and its officers, directors and employees (the “Customer Indemnified Parties”) from and against all actions, proceedings, claims and demands by a third party (a “Third-Party Claim”) alleging that the SaaS Service infringes any copyright or misappropriates any trade secret and shall pay all damages, costs and expenses, including attorneys’ fees and costs (whether by settlement or award of by a final judicial judgment) paid to the third party bringing any such Third-Party Claim. Supplier’s obligations under this Section are conditioned upon (i) Supplier being promptly notified in writing of any claim under this Section, (ii) Supplier having the sole and exclusive right to control the defense and settlement of the claim, and (iii) Customer providing all reasonable assistance (at Supplier’s expense and reasonable request) in the defense of such claim. In no event shall Customer settle any claim without Supplier’s prior written approval. Customer may, at its own expense, engage separate counsel to advise Customer regarding a Claim and to participate in the defense of the claim, subject to Supplier’s right to control the defense and settlement. (b) Mitigation. If any claim which Supplier is obligated to defend has occurred, or in Supplier’s determination is likely to occur, Supplier may, in its sole discretion and at its option and expense (a) obtain for Customer the right to use the SaaS Service, (b) substitute a functionality equivalent, non-infringing replacement for such the SaaS Service, (c) modify SaaS Service to make it non-infringing and functionally equivalent, or (d) terminate this Agreement and refund to Customer any prepaid amounts attributable to the period of time after the date Customer becomes unable to use the SaaS Service, as reasonably determined by Supplier. (c) Exclusions. Notwithstanding anything to the contrary in this Agreement, the foregoing obligations shall not apply with respect to a claim of infringement if such claim arises out of (i) Customer’s use of infringing or misappropriated Data, (ii) use of the SaaS Service in combination with any software, hardware, network or system not supplied by Supplier where the alleged infringement relates to such combination, (iii) any modification or alteration of the SaaS Service other than by Supplier, (iv) Customer’s continued use of the SaaS Service after Supplier notifies Customer to discontinue use because of an infringement claim, (v) Customer’s violation of applicable law, or (vi) Third Party Offerings. (d) Sole Remedy. THE FOREGOING STATES THE ENTIRE LIABILITY OF SUPPLIER WITH RESPECT TO THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS BY THE SAAS SERVICE OR OTHERWISE, AND CUSTOMER HEREBY EXPRESSLY WAIVES ANY OTHER LIABILITIES OR OBLIGATIONS OF SUPPLIER WITH RESPECT THERETO. 10.2 Customer Indemnity. Customer shall defend Supplier and its licensors and their respective officers, directors and employees (“Supplier Indemnified Parties”) from and against any and all Third- Party Claims which arise out of or relate to: (a) a claim or threat that the Data (and the exercise by Supplier of the rights granted herein with respect thereto) infringes, misappropriates or violates any third party’s intellectual property rights, privacy rights or other rights; (b) Customer’s use or alleged use of the SaaS Service other than as permitted under this Agreement; (c) arising from the occurrence of any of the exclusions set forth in Section 10.1(c); or (d) bodily injury, death of any person or damage to real or tangible, personal property resulting from Customer’s use or alleged use of the SaaS Service. Customer shall pay all damages, costs and expenses, including attorneys’ fees and costs (whether by settlement or award of by a final judicial judgment) paid to the third party DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 7 County of Contra Costa 1000.06 bringing any such Third-Party Claim. Customer’s obligations under this Section are conditioned upon (x) Customer being promptly notified in writing of any claim under this Section, (y) Customer having the sole and exclusive right to control the defense and settlement of the claim, and (z) Supplier providing all reasonable assistance (at Customer’s expense and reasonable request) in the defense of such claim. In no event shall Supplier settle any claim without Customer’s prior written approval. Supplier may, at its own expense, engage separate counsel to advise Supplier regarding a Third-Party Claim and to participate in the defense of the claim, subject to Customer’s right to control the defense and settlement. 11. CONFIDENTIALITY. 11.1 Confidential Information. “Confidential Information” means any and all non-public technical and non-technical information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in any form or medium, whether oral, written, graphical or electronic, pursuant to this Agreement, that is confidential under federal, state, or local law, or marked confidential and proprietary, or that the Disclosing Party identifies as confidential and proprietary, or that by the nature of the circumstances surrounding the disclosure or receipt ought to be treated as confidential and proprietary information, including but not limited to: (a) techniques, sketches, drawings, models, inventions (whether or not patented or patentable), know-how, processes, apparatus, formulae, equipment, algorithms, software programs, software source documents, APIs, and other creative works (whether or not copyrighted or copyrightable); (b) information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising and marketing plans and information; and (c) proprietary or confidential information of any third party who may disclose such information to Disclosing Party or Receiving Party in the course of Disclosing Party’s business. Confidential Information of Supplier shall include the SaaS Service, the Documentation, and pricing and other terms and conditions of this Agreement. Confidential Information also includes all summaries and abstracts of Confidential Information. For the avoidance of doubt, Customer agrees that Data is not Confidential Information of Customer. 11.2 Non-Disclosure. Each party acknowledges that in the course of the performance of this Agreement, it may obtain the Confidential Information of the other party. Subject to Section 12.2 (Anonymized Usage Statistics), the Receiving Party shall, at all times, both during the term of this Agreement and thereafter, keep in confidence and trust all of the Disclosing Party’s Confidential Information received by it, and the Receiving Party shall not use the Confidential Information of the Disclosing Party other than as necessary to fulfill the Receiving Party’s obligations or to exercise the Receiving Party’s rights under this Agreement. Each party agrees to secure and protect the other party’s Confidential Information with the same degree of care and in a manner consistent with the maintenance of such party’s own Confidential Information (but in no event less than reasonable care), and to take appropriate action by instruction or agreement with its employees or other agents who are permitted access to the other party’s Confidential Information to satisfy its obligations under this Section. Subject to Section 12.2 (Anonymized Usage Statistics), the Receiving Party shall not disclose Confidential Information of the Disclosing Party to any person or entity other than its officers, employees and agents who need access to such Confidential Information in order to affect the intent of this Agreement and who are subject to confidentiality obligations at least as stringent as the obligations set forth in this Agreement. 11.3 Exceptions to Confidential Information. The obligations set forth in Section 11.2 (Non- Disclosure) shall not apply to the extent that Confidential Information includes information which: (a) was known by the Receiving Party prior to receipt from the Disclosing Party either itself or through receipt directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) was developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; or (c) becomes publicly known or otherwise ceases to be secret or confidential, except as a result of a breach of this Agreement or any obligation of confidentiality by the Receiving Party. Nothing in this Agreement shall prevent the Receiving Party from disclosing Confidential Information to the extent the Receiving Party is legally compelled to do so by any governmental investigative or judicial agency pursuant to proceedings over which such agency has jurisdiction; DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 8 County of Contra Costa 1000.06 provided, however, that prior to any such disclosure, the Receiving Party shall (x) assert the confidential nature of the Confidential Information to the agency; (y) immediately notify the Disclosing Party in writing of the agency’s order or request to disclose; and (z) cooperate fully with the Disclosing Party in protecting against any such disclosure and in obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. 11.4 Injunctive Relief. The Parties agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Disclosing Party and that, in the event of such breach, the Receiving Party will be entitled, in addition to any other available remedies, to seek immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages. 12. PROPRIETARY RIGHTS. 12.1 SaaS Service. As between Supplier and Customer, all right, title and interest in the SaaS Service and any other Supplier materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Supplier or Supplier’s licensors and providers, as applicable. 12.2 Ownership and title to all reports, documents, plans, specifications, data and estimates produced and delivered to Customer in connection with this Agreement that do not contain any Supplier Confidential Information or intellectual property will automatically be vested in the Customer; and no further agreement will be necessary to transfer ownership to the Customer. All other inventions, works of authorship and developments conceived, created, written, or generated by or on behalf of Supplier, whether solely or jointly, including without limitation, in connection with Supplier’s performance of the Services hereunder, all resulting work product and deliverables and all intellectual property rights therein, shall remain the sole and exclusive property of Supplier. Supplier shall furnish the Customer all necessary copies of non-proprietary data needed to complete the services under Exhibit A of this Agreement. 12.3 Anonymized Usage Statistics. Notwithstanding anything in this Agreement to the contrary, during and after the term of this Agreement, Supplier is free to use and disclose data and information relating to Customer’s use of the Services in any aggregated or de-identified form (“Anonymized Usage Statistics”). As between Supplier and Customer, all right, title and interest in the Anonymized Usage Statistics and all intellectual property rights therein, belong to and are retained solely by Supplier. Without limiting the foregoing, Customer agrees that Supplier may (a) make Anonymized Usage Statistics publicly available, (b) disclose Anonymized Usage Statistics to third parties, and (c) use Anonymized Usage Statistics for any purpose, including any analysis, service enhancement or marketing. During the term of this Agreement and for one year thereafter, Supplier and Customer shall maintain all books, documents, papers, accounting records, data and other evidence pertaining to the performance of the services under Exhibit A of this Agreement, including but not limited to, the costs of administering the Agreement. Each party shall make such data and materials available at its respective offices at all reasonable times. During the term of this Agreement and for one year thereafter, Customer or Customer’s duly authorized representative shall have access to any books, records, data and documents of the Supplier that are related to Services under this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 13. LIMITATION OF LIABILITY. 13.1 No Consequential Damages. NEITHER SUPPLIER NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUPPLIER OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 9 County of Contra Costa 1000.06 ARISING OUT OF THE LICENSING, PROVISION OR USE OF THE SAAS SERVICE, SETUP SERVICES, OR THE RESULTS THEREOF. SUPPLIER WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 13.2 Limits on Liability. NEITHER SUPPLIER NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR CUMULATIVE, AGGREGATE DAMAGES GREATER THAN AN AMOUNT EQUAL TO THE AMOUNTS PAID BY CUSTOMER TO SUPPLIER UNDER THIS AGREEMENT DURING THE PERIOD OF 12 MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED. 13.3 Essential Purpose. CUSTOMER ACKNOWLEDGES THAT THE TERMS IN THIS SECTION 13 (LIMITATION OF LIABILITY) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR LIMITED REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. 14. TERM AND TERMINATION. 14.1 Term. This Agreement shall commence on the Effective Date and, unless terminated sooner in accordance with the terms of this Agreement, shall continue for an initial term of 3 years. After the initial term, this Agreement will automatically renew for additional one-year periods, unless either party gives the other party notice of its intent not to renew. This agreement may be terminated with at least 30 days of notice at the conclusion of the first year or any subsequent year. Termination will be effective at the end of the applicable term in which such notice is received. 14.2 Termination for Cause. A party may terminate this Agreement upon written notice to the other party in the event the other party (a) files a petition for bankruptcy or has a petition for bankruptcy filed against it that is not dismissed within sixty (60) days after filing or admits its inability to pay its debts as they mature, makes an assignment for the benefit of its creditors or ceases to function as a going concern or to conduct its operations in the normal course of business and such termination shall occur immediately upon notice; or (b) commits a material breach of this Agreement and does not remedy such breach within thirty (30) days after receipt of written notice of such breach. Upon any termination for cause by Customer, Supplier shall refund to Customer any prepaid amounts attributable to the period of time after the termination date, as reasonably determined by Supplier. Upon any termination for cause by Supplier, Customer shall pay any unpaid fees covering the remainder of the term of this Agreement after the effective date of termination. In no event shall any termination relieve Customer of the obligation to pay any fees payable to Supplier for the period prior to the effective date of termination. 14.3 Effects of Termination. Upon expiration or termination of this Agreement, (a) Customer’s use of and access to the SaaS Service and Supplier's performance of all Setup Services shall cease, and (b) all fees and other amounts owed to Supplier shall be immediately due and payable by Customer. 14.4 Survival. The termination or expiration of this Agreement for any reason shall not affect a party’s rights or obligations that expressly or by their nature continue and survive (including, without limitation, the payment terms and the provisions concerning ownership, confidentiality, limitation of liability, indemnity, warranty disclaimers, and the Data license from Customer to Supplier). 15. MISCELLANEOUS. 15.1 Notices. Supplier may give notice to Customer by means of a general notice through the SaaS Service interface, electronic mail to Customer’s e-mail address on record with Supplier, or by written communication sent by first class postage prepaid mail or nationally recognized overnight delivery service to Customer’s address on record with Supplier. Customer may give notice to Supplier by written communication sent DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 10 County of Contra Costa 1000.06 by first class postage prepaid mail or nationally recognized overnight delivery service addressed to Supplier, 2034 Great Highway, San Francisco, CA 94116, Attention: Legal. Notice shall be deemed to have been given upon receipt or, if earlier, two (2) business days after mailing, as applicable. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. 15.2 Governing Law. This Agreement and the rights and obligations of the parties to and under this agreement shall be governed by and construed under the laws of the United States and the State of California as applied to agreements entered into and to be performed in such State without giving effect to conflicts of laws rules or principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The parties further agree to waive and opt-out of any application of the Uniform Computer Information Transactions Act (UCITA), or any version thereof, adopted by any state of the United States in any form. The parties hereto agree that venue or forum from any action or proceeding regarding this Agreement or performance thereof shall be in Contra Costa County, California. 15.3 Publicity. Supplier has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services provided hereunder in each case in Supplier business development and marketing efforts, including without limitation Supplier’s website. 15.4 U.S. Government Customers. If Customer is a federal government entity, Supplier provides the SaaS Service, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the SaaS Service include only those rights customarily provided to the public as defined in these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If greater rights are needed, a mutually acceptable written addendum specifically conveying such rights must be included in these Terms. 15.5 Waiver. No term or provision of this Agreement shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 15.6 Severability. If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. 15.7 Assignment. Customer may not assign its rights or delegate its obligations under this Agreement to any third party, whether voluntarily or by operation of law or otherwise (including in connection with any merger or acquisition involving Customer), without the prior written consent of Supplier, such consent not to be unreasonably withheld, and subject to Customer paying any applicable transfer or set-up fees. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, this Agreement will bind and benefit the parties and their successors and permitted assigns. 15.8 Relationship of the Parties. Supplier is an independent contractor to Customer. There is no relationship of agency, partnership, joint venture, employment, or franchise between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf. 15.9 Attorneys’ Fees. In any action to enforce this Agreement, the prevailing party shall be awarded all court costs and reasonable attorneys’ fees incurred, including such costs and attorneys’ fees incurred in enforcing and collecting any judgment. DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 11 County of Contra Costa 1000.06 15.10 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to fire, explosion, earthquake, storm, flood or other weather; unavailability of necessary utilities or raw materials; Internet service provider failures or delays, or denial of service attacks; war, civil unrest, acts of terror, insurrection, riot, acts of God or the public enemy; strikes or other labor problems; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of this Agreement); or any other event beyond the reasonable control of the party whose performance is to be excused. 15.11 Entire Agreement. This Agreement, including all exhibits and all documents referenced herein, constitute the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous understandings, representations, discussions, negotiations, and agreements, whether written or oral. IN WITNESS WHEREOF, the parties have signed this Agreement as of the Effective Date hereof. ZONEHAVEN INC. By: __________________________ Name: __Charlie Crocker_________ Title: _____CEO________________ Moraga Orinda Fire District By: __________________________ Name: __________________________ Title: ___________________________ DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E David Winnacker Fire Chief 12 County of Contra Costa 1000.06 EXHIBIT A DESCRIPTION OF SETUP SERVICES Zonehaven pre-built preliminary Public Safety Zones for the County in order to help meet the goal of implementing the Evacuation Management Platform for the coming fire season. Based on the level of agency participation, the project is expected to take 8-10 weeks to implement. As part of the preparation your organization compiled: ● Multi-agency team assignments ● Dates for detailed project plan ● List of agency leads/points of contact DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E 13 County of Contra Costa 1000.06 EXHIBIT B FEES Product Cost/Yr TOTAL One time Set-up EMP and CEI: Standard Wildfire Module $150,000 1 $150,000 Existing Zonehaven Deployed Licenses within the County 10% ($15,000) 3-Year License EMP & CEI: Standard Wildfire Module (Cost per Year) $225,000 1 $225,000 Discount for three-year contract 27% ($60,750) Total 1st year License cost for 3-year Contract (Set-up plus License) $299,250 Annual License Subscription Cost Year 2 $164,250 Annual License Subscription Cost Year 3 $164,250 Payment: 1. Set-up fee of $135,000 due within 30 days of the date of this SaaS agreement. 2. 1st year license cost of $164,250 due within 30 days of date of Zones becoming agency approved as described in the RFP response or within 90 days of the date of this SaaS agreement, whichever is earlier. DocuSign Envelope ID: AB8B3D67-232A-46B6-B99D-22677D81AE8E MORAGA-ORINDA FIRE DISTRICT INVOICE NO. DATE TO Date DESCRIPTION UNIT PRICE LINE TOTAL 9/27/22 164,250.00 164,250.00 SUBTOTAL 164,250.00$ Tax - TOTAL 164,250.00$ Reimbursement - Genasys Invoice 002795 - Wildfire Evacuation Module Year 2 Attn: Jackie Lorrekovich CUSTOMER ID Fax: 925-247-0184 Moraga, CA 94556 4005 Port Chicago Highway Concord, CA 94520 CCCFPD09.27.22 September 27, 2022 Contra Costa County Fire Protection District 1280 Moraga Way INVOICE Suite 250 Phone: 925-258-4599 C:\Users\DESTIN~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@6406238A\@BCL@6406238A.xlsx2020-21 Sales order .............................................SO 00003062 Purchase order ..................................... Net 30 Days CUS 3309 Date..........................................................9/1/2022 Customer account ............................... 1280 Moraga Way Moraga, CA 94556 Moraga Orinda Fire District David Winnacker Page ..........................................................1 of 1 Invoice INV 002795 Ordered by ............................................. Shipped via ............................................ Payment terms ..................................... Invoice due ............................................10/1/2022 Bill to:Ship to: Moraga Orinda Fire District 1280 Moraga Way Moraga, CA 94556 Will Call 16262 W Bernardo Drive San Diego, CA 92127 Genasys Remit to: Item number Description Quantity Unit Unit price Amount ZH-WILDFIRE- EVAC Annual Standard Wildfire Evacuation Module - Year 2 1.00 ea 164,250.00 164,250.00 Sales balance Freight charges Sales tax Total 164,250.00 0.00 0.00 164,250.00 USD For payment via bank transfer: Bank .......................................................MUFG Union Bank, N.A. Account Number ..............................0051148443 Routing .................................................122000496 S.W.I.F.T ................................................BOFCUS33MPK DUNS# ..................................................01-449-3803 Total Prepaid Remainder 164,250.00 0.00 164,250.00 USD Phone 858-676-1112 Fax 858-676-1120Genasys RECOMMENDATION(S): ADOPT Resolution No. 2022/357 to revise Section 9.12. Special Circumstance Overtime Compensation, paragraph c. of the Fire Management Benefits Resolution No. 2022/264 as follows: c. At the Fire Chief’s discretion, a Deputy Fire Chief or Assistant Fire Chief (40-hour or 56-hour) may backfill an absent fifty-six (56) hour Assistant Fire Chief. When this occurs, the backfill shall be compensated at a forty (40) hour straight time rate of pay; FISCAL IMPACT: This Resolution clarifies the intent of Resolution 2022/264 and represents no new costs. BACKGROUND: This Resolution is intended to clarify that for Resolution 2022/264, adopted July 26, 2022, Section 9.12. Special Circumstance Overtime Compensation, paragraph c., the 40 hour straight time rate also applies when an Assistant Fire Chief-56-hour backfills for an absent Assistant Fire Chief- 56-hour. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: David Sanford, Chief of Labor Relations, (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.4 To:Contra Costa County Fire Protection District Board of Directors From:Monica Nino, County Administrator Date:October 11, 2022 Contra Costa County Subject:Revision to Fire Management Benefits Resolution No. 2022/264 CONSEQUENCE OF NEGATIVE ACTION: Deputy or Assistant Fire Chiefs will not be appropriately compensated when backfilling an absent Assistant Fire Chief. AGENDA ATTACHMENTS Resolution 2022/357 MINUTES ATTACHMENTS Signed Resolution No. 2022/357 THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on 10/11/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/357 In The Matter Of: Revising Section 9.12. Special Circumstance Overtime Compensation, paragraph c. of Management Benefits Resolution No. 2022/264. The Constra Costa Board of Supervisors acting solely in its capacity as the governing board of the Contra Costa County Fire Protection District RESOLVES THAT: Section 9.12. Special Circumstance Overtime Compensation, paragraph c. of the Fire Management Benefits Resolution No. 2022/264 is revised as follows: c. At the Fire Chief’s discretion, a Deputy Fire Chief or Assistant Fire Chief (40-hour or 56-hour) may backfill an absent fifty-six (56) hour Assistant Fire Chief. When this occurs, the backfill shall be compensated at a forty (40) hour straight time rate of pay; Contact: David Sanford, Chief of Labor Relations, (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2022/356 approving the Side Letter between the District and IAFF, Local 1230 regarding the 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant. FISCAL IMPACT: The SAFER grant budget is approximately $9.5 million over three years. The Federal award is approximately $7.5 million. The District will be responsible for providing local agency funds for the gap amount of approximately $2 million. The SAFER grant will reimburse the District for the costs associated with salary and benefits for twelve (12) firefighter paramedics, while the District will need to fund the difference in costs for the promoted ranks of the Engineer and Captain positions, as well as any overtime costs associated with staffing the rescue. The local agency funds will likely not be required in the current fiscal year and will need to budgeted for FY 2023/24 and subsequent fiscal years during the course of the period of performance. BACKGROUND: On September 15, 2022, the Contra Costa County Fire Protection District Board of Directors was awarded a APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/11/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, Director Candace Andersen, Director Diane Burgis, Director Karen Mitchoff, Director Federal D. Glover, Director Contact: David Sanford, (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.5 To:Contra Costa County Fire Protection District Board of Directors From:Monica Nino, County Administrator Date:October 11, 2022 Contra Costa County Subject:Resolution No. 2022/356 – IAFF Local 1230 SAFER Grant Side Letter BACKGROUND: (CONT'D) three-year federal grant to fill nine firefighter and firefighter-paramedic positions. The District Board is expected to approve and authorize the Fire Chief to accept the FY 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant through the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA). This action provides the side letter that outlines the use of the twelve grant funded firefighter positions. CONSEQUENCE OF NEGATIVE ACTION: The District will not have an agreement regarding the addition of a fourth firefighter to certain engine or truck companies. AGENDA ATTACHMENTS Resolution 2022/356 IAFF 1230 Side Letter MINUTES ATTACHMENTS Signed Resolution No. 2022/356 THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on 10/11/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/356 In the Matter of: The Side Letter between the Contra Costa County Fire Protection District and IAFF Local 1230, regarding the 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant The Contra Costa County Fire Protection District Board of Directors acting solely in its capacity as the governing board of the Contra Costa County Fire Protection District RESOLVES THAT: Effective upon receipt of notice of the award and subsequent acceptance by the District Board of Directors of the 2021 SAFER grant, the attached Side Letter dated October 3, 2022, between the Contra Costa County Fire Protection District and IAFF Local 1230, be ADOPTED. Contact: David Sanford, (925) 655-2070 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 11, 2022 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: