HomeMy WebLinkAboutCC ORD 2010-2341 Add Chapter 4.70 Recovering Costs for the Deployment of Emergency Services by the National City Fire DepartmentORDINANCE NO. 2010 — 2341
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE
BY ADDING CHAPTER 4.70 RELATING TO
RECOVERING COSTS FOR THE DEPLOYMENT
OF EMERGENCY SERVICES BY THE
NATIONAL CITY FIRE DEPARTMENT
WHEREAS, the emergency services response activity to incidents increases
each year due to additional requirements, such as those for environmental protection and
Homeland Security, which create additional demands on all operational aspects of the National
City Fire Department services; and
WHEREAS, the City of National City has investigated different methods to
maintain a high level of quality of emergency service capability during times of increasing
service demands; and
WHEREAS, maintaining an effective response by the National City Fire
Department decreases the overall societal costs of incidents through timely and effective
management of emergency situations, saving lives, and reducing property and environmental
damage; and
WHEREAS, a majority of motor vehicle incidents and other emergency services
involve individuals not residing in the National City Fire Department's service area; and
WHEREAS, the City of National City desires to implement a fair and equitable
procedure by which to recovery the reasonable costs for emergency responses.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City, that Title 4 of the National City Municipal Code is amended by adding Chapter
4.70 to read as follows:
Chapter 4.70
Emergency Response Cost Recovery Fee
Sections:
4.70.010 Findings.
4.70.020 Fees for recovery of emergency response costs.
4.70.030 Adoption of fee schedule for recovery of emergency response costs.
4.70.040 Persons subject to fee.
4.70.050 Severability
4.70.010 Findings.
A. The City of National City is authorized to provide any service relating to the
protection of lives and property including, but not limited to, fire protections services, rescue
services, emergency medical services, hazardous material emergency response services, and
other emergency response services.
B. The City of National City finds that the quantity and scope of services provided by
the National City Fire Department are an increasing burden on the City of National City.
C. The City of National City may charge a fee to recover the reasonable costs of
services necessary to protect the public health and safety associated with motor vehicle
incidents, hazardous materials spills or discharges, motor vehicle fires, motor vehicle
extrications, pipeline or power line incidents, and fire cause and origin investigations.
4.70.020 Fees for recovery of emergency response costs. The City of National
City shall charge fees for the cost of services that the National City Fire Department provides
related to motor vehicle incidents, motor vehicle fires, motor vehicle extrications, hazardous
materials spills or discharges, pipeline or power line incidents, and fire cause and origin
investigations. The fees shall not exceed the reasonable cost to provide such services and shall
be charged according to the usual, customary, and reasonable fees as set by a schedule of
fees. A motor vehicle incident, for the purposes of this Chapter, means any matter involving an
emergency response to a motor vehicle, including, but not limited to, collisions, accidents, fire,
and extrication.
4.70.030 Adoption of fee schedule for recovery of emergency response costs. The
City of National City adopts the fee schedule set forth in Exhibit A, and incorporates them herein
as the usual, customary, and reasonable costs of the services identified in Exhibit A. The City
Council may amend, as needed, the schedule of fees in Exhibit A by resolution.
4.70.040 Persons subject to fee. The fees shall be billed, as determined by the
director of emergency services, his or her designee or third party billing service, to any person
or persons whose negligent or willful act is a cause of any motor vehicle incident or a technical
rescue, and to any person or persons who is the owner of, or has custody and control over any
vehicle involved in such a motor vehicle incident. Fees for motor vehicle incidents shall not be
billed to residents of the City of National City. Fees not related to motor vehicle incidents, such
as those for hazardous material discharges or releases, or cause or origin investigations, shall
be billed to the responsible party regardless of fault or residency, as determined by the director
of emergency services, his designee or third party billing service.
4.70.050 Severability. If any sentence, clause, section or part of this Chapter, or
any fee imposed upon any person or entity is found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section, or part
of this Chapter, or person or entity; and shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or other parts of this Chapter, or its effect on other
persons or entities. It is declared to be the intention of the city council that this Chapter would
have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or
part of this Chapter not been included herein; or had such person or entity been expressly
exempted from the application of this Chapter. To this end the provisions of this Chapter are
severable.
-- Signature Page to Follow --
Ordinance No. 2010 — 2341 2 Recovery Costs for Emergency Services
PASSED and ADOPTED this 1st day of June, 2010.
on Morrison, Mayor
ATTEST:
Mi ha el R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ordinance No. 2010 — 2341 3 Recovery Costs for Emergency Services
EXHIBIT A
COST RECOVERY FEES
BASED ON PER HOUR
MOTOR VEHICLE INCIDENTS
Level 1 - $435.00
Provide hazardous materials assessment and scene stabilization. This will be the most common
"billing level". This occurs almost every time a fire department responds to an accident/incident.
Level 2 - $495.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid
clean up and disposal. We will bill at this level if the fire department has to clean up any
gasoline or other automotive fluids that are spilled as a result of the accident/incident.
Level 3 — CAR FIRE - $605.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use,
foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a
result of the accident/incident.
Level 4 - $1, 800.00
Includes Level 1 & 2 services as well as extrication (heavy rescue tools, ropes, airbags, cribbing
etc.). We will bill at this level if the fire department has to free/remove anyone from the
vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious
and fire department is able to open the door to access the patient. This level is to be billed only
if equipment is deployed.
Level 5 - $2,200.00
Includes Levels 1, 2, & 4 services as well as Air Care (multi -engine company response, mutual
aid, helicopter). We will bill at this level any time a helicopter is utilized to transport the
patient(s).
Level 6
Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates, for each incident using, itemized rates deemed usual, customary and
reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus
products and equipment used.
HAZMAT
Level 1 - $700.00
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, set-up and command.
Ordinance No. 2010 — 2341 4 Recovery Costs for Emergency Services
Level 2 - $2,500.00
Intermediate Response: Claim will include engine response, first responder assignment, hazmat
certified team and appropriate equipment, perimeter establishment, evacuations, set-up and
command, Level A or B suit donning, breathing air and detection equipment. Set-up and
removal of decontamination center.
Level 3 — $5,900.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat
certified team and appropriate equipment, perimeter establishment, evacuations, first responder
set-up and command, Level A or B suit donning, breathing air and detection equipment and
robot deployment. Set-up and removal of decontamination center, detection equipment,
recovery and identification of material. Disposal and environment clean up. Includes above in
addition to any disposal fees of material and contaminated equipment and material used at
scene. Includes 3 hours of on scene time - each additional hour @ $300.00 per HAZMAT team.
PIPELINE INCIDENTS / POWER LINE INCIDENTS
(Includes, but not limited to: Gas, Sewer, Septic to Sewer, and Water Pipelines)
Level 1 - $400.00
Basic Response: Claim will include engine response and first responder assignment, perimeter
establishment, evacuations, first responder set-up and command. Includes inspection without
damage or breakage.
Level 2 - $1,000.00
Intermediate Response: Claim will include engine response, first responder assignment, and
appropriate equipment, perimeter establishment, evacuations, first responder set-up and
command. May include HAZMAT team, Level A or B suit donning, breathing air and detection
equipment. Supervise and/or assist pipeline repair.
Ordinance No. 2010 — 2341 5 Recovery Costs for Emergency Services
Level 3 — Itemized Claim Charges
Advanced Response: Claim will include engine response, first responder assignment, and
appropriate equipment, perimeter establishment, evacuations, first responder set-up and
command. May include HAZMAT team, Level A or B suit donning, breathing air and detection
equipment. Supervise and/or assist pipeline repair of intermediate to major pipeline damage.
May include set-up and removal of decontamination center, detection, recovery and
identification of material. Disposal and environment clean up.
FIRE INVESTIGATION
Fire Investigation Team - $275.00 per hour.
Includes:
• Scene Safety
• Investigation
• Source Identification
• K-9/Arson Dog Unit
• Identification Equipment
• Mobile Detection Unit
• Fire Report
The claim begins when the Fire Investigator responds to the incident and is billed for logged
time only.
FIRES
Assignment - $400.00 per hour, per engine / $500.00 per hour, per truck
Includes:
• Scene Safety
• Investigation
• Fire / Hazard Control
This will be the most common "billing level". This occurs almost every time a fire department
responds to an incident.
OPTIONAL: A fire department has the option to bill each fire as an independent event with
custom mitigation rates.
Itemized, per person, at various pay levels and for itemized products use.
Ordinance No. 2010 — 2341 6 Recovery Costs tor Emergency Services
WATER INCIDENTS
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene safety and
investigation (including possible patient contact, hazard control). This will be the most common
"billing level". This occurs almost every time a Fire Department responds to a water incident.
Billed at $400 plus $50 per hour, per rescue person.
Level 2
Intermediate Response: includes Level 1 services as well as clean up and material used
(sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire
department has to clean up small amounts of gasoline or other fluids that are spilled as a result
of the incident.
Billed at $800 plus $50 per hour, per rescue person.
Level 3
Advanced Response: includes Level 1 and Level 2 services as well as D.A.R.T. activation,
donning breathing apparatus and detection equipment. Set up and removal of decontamination
center, detection equipment, recovery and identification of material. Disposal and environment
clean up. Includes above in addition to any disposal fees of material and contaminated
equipment and material used at scene.
Billed at $2,000 plus $50 per hour per rescue person, plus $100 per hour per HAZMAT team
member.
Level 4
Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates, for each incident using, itemized rates deemed usual, customary, and
reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus
rescue products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: each incident will be billed with custom mitigation rates deemed usual,
customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per
hour, per trained rescue person per hour, plus rescue products used.
Minimum billed $400 for the first response vehicle plus $50 per rescue person. Additional rates
of $400 per hour per response vehicle and $50 per hour per rescue person.
CHIEF RESPONSE
This includes the set-up of Command, and providing direction of the incident. This could include
operations, safety, and administration of the incident.
Billed at $250 per hour.
Ordinance No. 2010 — 2341 7 Recovery Costs for Emergency Services
MISCELLANEOUS
Engine billed at $400 per hour.
Truck billed at $500 per hour.
Miscellaneous equipment billed at $300.
MITIGATION RATE NOTES
The mitigation rates above are average "billing levels", and are typical for the incident responses
listed, however, when a claim is submitted, it will be itemized and based on the actual services
provided.
These average mitigation rates were determined by itemizing costs for a typical run (from the
time a fire apparatus leaves the station until it returns to the station) and are based on the actual
costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and
maintenance) and labor rates (an average department's "actual personnel expense" and not just
a firefighter's basic wage). The actual personnel expense includes costs such as wages,
retirement, benefits, workers comp, insurance, etc.
Ordinance No. 2010 — 2341 8 Recovery Costs for Emergency Services
Passed and adopted by the Council of the City of National City, California, on June 1,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
i,frzlio
City C erk of the City National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on May 4, 2010 and on June 1, 2010.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2010-2341 of the City Council of the City of National City, passed
and adopted by the Council of said City on June 1, 2010.
By:
City Clerk of the City of National City, California
Deputy