COUNTY OF SAN MATEO

Inter-Departmental Correspondence

SHERIFF’S OFFICE

DATE:

July 27, 2007

BOARD MEETING DATE:

August 7, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Greg Munks

SUBJECT:

Countywide HazMat Team Agreement

RECOMMENDATION:

Adopt a resolution authorizing the President of the Board to execute a three-year agreement with Belmont - San Carlos Fire Department for the provision of a Countywide Hazardous Materials Emergency Response Team, in an amount not to exceed $1,430,383, and a term commencing July 1, 2007 to June 30, 2010.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal: Maintain and enhance the public safety of all residents and visitors. This Agreement helpsensure the safety and protection of visitors, citizens, and County clients, jurors, patients and customers of County facilities.

Performance Measure(s):

Measure

FY 2006-07
Actual

FY 2007-08
Projected

Total Annual Fire & HazMat Incidents with OES Response

93

95

Serious HazMat Incidents Requiring Mitigation

14

15

Percent of OES Incidents responded to within one hour

100%

100%

BACKGROUND:

On September 19, 2006, your Board approved Resolution 68316 amending the existing three-year Agreement with Belmont-San Carlos Fire Department (BSCFD, previously the South County Fire Authority). The Amendment incorporated many changes and improvements to the original Agreement, and was the subject of a series of working sessions and negotiations involving BSCFD management and JPA Board; the Countywide Emergency Services Council and their Administrative Committee of City and County Managers; the Sheriff’s Office of Emergency Services; County Environmental Health Services, the Countywide Fire Chief’s Association, and the County Manager’s Office.

The terms and conditions of the amended Agreement proved satisfactory to all parties, and the transition of countywide hazardous materials response services from the previous South County Fire Authority, to the new BSCFD was completed smoothly and successfully. The Hazmat Team is now very close to full strength (24 firefighters trained and on-call spread across several teams providing 7x24 countywide service), and the Department has stabilized under the leadership of Fire Chief Doug Fry.

DISCUSSION:

During the Spring of 2007, a new three-year Agreement was successfully negotiated between the Countywide Emergency Services Council and the BSCFD. The new Agreement continues to ensure the highest level and stability of services for HazMat services, from July 1, 2007 to June 30, 2010, and incorporates the same elements as the previous Amendment brought to the hazmat response program.

These include bringing BSCFD into the annual ESC budget approval process for the establishment of their annual budget; ensuring high-level participation in OES activities and Council Meetings by the Fire Chief; setting forth the countywide responsibilities of the assigned HazMat Battalion Chief position; sets forth specific guidelines and parameters for HazMat budget components, setting forth the definition of an “extraordinary event” (major hazmat incident resulting from a catastrophic situation such as an earthquake, airplane or train crash, or major chemical spill) and establishing a process whereby the BSCFD could seek reimbursement of additional costs in such extraordinary events; and providing an extended termination notification period.

BSCFD trained firefighters on the HazMat Team work in coordination with an on-call team of Hazardous Materials Specialists from County Environmental Health, who provide scientific analysis, determination of the hazardous materials, and appropriate safety and mitigation measures. Contract management responsibilities are centralized under the Sheriff’s Office of Emergency Services, to ensure ongoing two-way communication and prompt resolution of any emergent issues.

The new Agreement was approved by the Countywide Emergency Services Council on June 21, 2007, and was also approved by the BSCFD Joint Powers Board in June, and returned to OES in early July, 2007. It is now being brought to your Board for final execution.

The Agreement includes all provisions that are required by County ordinance and administrative memoranda, including but not limited to insurance, hold harmless, non-discrimination, equal benefits, and a contractor jury service policy.

County Counsel has reviewed and approved the resolution and agreement as to legal form.

FISCAL IMPACT:

The Agreement provides reimbursement to BSCFD of $453,730 for FY 2007-08, and this amount has been included in the 2007-08 Countywide Emergency Services Budget, and was reviewed by the Emergency Services Council at their April quarterly meeting, and approved in June. Costs for countywide emergency services, including hazardous materials response, are shared by the Cities and the County under a cost-sharing formula in the joint powers agreement. County shares are budgeted within the Sheriff’s Office of Emergency Services, and the Environmental Health Services Division, 2007-08 budgets, and were approved by the Board in June. There is no change to the County’s budgeted 2007-08 net General Fund cost from approval of this Agreement.

Reimbursements to BSCFD for the remaining two years of the Agreement are benchmarked to the negotiated percentage change in BSCFD firefighter labor agreements, but are capped at no more than 5% per year. This establishes a maximum contractual reimbursement of $476,416 for 2008-09, and $500,236 for 2009-10. Maximum total payments for the three-year period will not exceed $1,430,383. These remaining annual amounts will be incorporated into future year countywide Emergency Services budgets.

Cc Chief Douglas Fry, Belmont-San Carlos Fire Department

Brian Zamora, Director of Public & Environmental Health Services

Captains John Quinlan & Trish Sanchez