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HomeMy WebLinkAboutResolution No. 2020-83Sponsored by: Administration KENAI CITY OF KENAI RESOLUTION NO. 2020-83 A RESOLUTION OF THE CITY OF KENAI, ALASKA, APPROVING AN AUTO AID AGREEMENT AND SUPPORTING OPERATIONAL PLAN WITH THE KENAI PENINSULA BOROUGH FOR EXCHANGE OF PERSONNEL AND EQUIPMENT RESPONSE TO STRUCTURE FIRES. WHEREAS, the City of Kenai Fire Department, Central Emergency Services and Nikiski Fire Service Area have an existing Auto Aid Agreement dated 2008; and, WHEREAS, changes to boundaries, staffing and equipment require updates to the agreement; and, WHEREAS, the agencies involved in these Agreements share the common goal of providing the most efficient and timely emergency services possible; and, WHEREAS, the agencies all provide some form of fire protection and/or emergency medical services within their respective boundaries; and, WHEREAS, to provide greater life and safety coverage, the agencies desire to work cooperatively to allow for more efficient and wider coverage within their areas of service; and, WHEREAS, to accomplish this, the agencies desire to provide the personnel and equipment necessary in the form of automatic aid; and, WHEREAS, the goal of these Agreements is to outline the procedures for carrying out an automatic aid response in the event of a structure fire; and, WHEREAS, it is in the best interest of the City of Kenai to update and authorize the City Manager and Fire Chief to enter into a new Auto Aid Agreement and supporting Operational Plan with the Kenai Peninsula Borough Fire Agencies of Central Emergency Services and Nikiski Fire Service Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approves the Auto Aid Agreement and supplemental Operational Plan between the City of Kenai Fire Department, Central Emergency Services and Nikiski Fire Service Area. Section 2. That the Kenai City Manager and Kenai City Fire Chief are authorized to enter into an Auto Aid Agreement as attached with Kenai Peninsula Borough Fire Agencies of Central Emergency Services and Nikiski Fire Service Area. The City Manager and Fire Chief are further authorized to make and approve operational amendments to the Agreement and Plan as necessary without further Council action. Section 3. That this Resolution takes effect immediately upon passage. Resolution No. 2020-83 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4T" day of November, 2020. ATTEST: CMC, City OPERATIONAL PLAN TO AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF KENAI FIRE DEPARTMENT AND THE KENAI PENINSULA BOROUGH, CENTRAL EMERGENCY SERVICE AREA AND NIKISKI FIRE SERVICE AREA This Operational Plan between the City of Kenai on behalf of the Kenai Fire Department and the Kenai Peninsula Borough on behalf of the Central Emergency Service Area and Nikiski Fire Service Area supplements the automatic aid agreement between the parties and provides guidance for response to first alarm fire incidences. The purpose of this operational plan is to outline the procedures for carrying out an automatic aid response between the City of Kenai Fire Department ("KFD"), Central Emergency Service Area ("CES") and, Nikiski Fire Department (NFD). This plan is a guide for day-to-day operations and may be revised, amended or altered annually by mutual written consent of the City of Kenai and the Kenai Peninsula Borough. I. AMOUNT AND TYPE OF ASSISTANCE Upon dispatch, each responder will respond to the requesting agency's fire incident unless requested otherwise. City of Kenai and CES: KFD will provide a tanker/pumper and two personnel, on a first alarm response to the incident scene. KFD's reciprocal response area is defined as: East and West Poppy Lane to the intersection of Kalifornsky Beach Road and the Sterling Highway (Mile 0 Kalifornsky Beach Rd), and from Strawberry Road to Spruce and Frontier Drive and all roads connected thereto. CES will provide a tanker/pumper and two personnel, on a first alarm response to the incident scene. CES's reciprocal response area will be District's 3 and 4 of KFD's service area. City of Kenai and Nikiski: KFD will provide a tanker/pumper and a minimum of two personnel on a first alarm fire response. The response will be to the scene. KFD's reciprocal response will be to all of NFD service area. NFD will provide a ladder/pumper and a minimum of two personnel on a first alarm fire response. The response will be to the scene. NFD's reciprocal response will be to District's 1 and 2 of KFD's response area. Exhibit A; Automatic Aid. FY2021 Operational Plan City of Kenai/Central Emergency Services/Nikiski Fire Service Area Page 1 of 3 II. TRAINING Joint training exercises shall be carried out annually under the direction of the Fire Chiefs Operation/Training Officers in each department. Class instruction should be available upon request by each department. III. COMMUNICATIONS A. RADIO — Pre-programming shall be entered into Station Alerting for Automatic Aid per department and district. The requesting agency dispatch will call the responding agency dispatch center to confirm they are aware Automatic Aid is needed. After initial automatic tone -out, the dispatcher for each agency shall announce on the radio that an Automatic Aid is needed at the address of the structure fire, in District 1, 2, 3, or 4. For the purposes of this plan, District 1 is the Area off of the Spur Highway from the intersection of KSR and Sunset/Borgen Ave. to the intersection of KSR and Spruce St. and all roads connected thereto. District 2 is the Area from the intersection of KSR and Spruce St. to the intersection of KSR and McCullom/Tinker including Bridge Access Rd. to the intersection of Beaver Loop Rd. and all roads connected thereto. District 3 is the Area from mile 3.4 KRS to the intersection of KSR and McCullom/Tinker including Beaver Loop Rd. (BLR) to the midpoint on East side of BLR and all roads connected thereto. District 4's Area includes all of VIP subdivision and Bridge Access Rd. (BAR) from the intersection of Kalifornsky Beach Rd. and BAR to the intersection of BAR and BLR and BLR to the midpoint on the West side of BLR and all roads connected thereto. B. The responding agency, after notifying their dispatch center that they are en route, will switch to the requesting agency's dispatch channel, and advise they are en route. C. In all cases, the incoming party will communicate with Command unless advised otherwise. Radio traffic will be kept to a minimum. Clear text will be used when possible. IV. FIRE INCIDENT REPORTING Each agency shall be responsible for reporting the incident in accordance with their department's policy and procedures. V. REVISIONS The Annual Operations Plan shall be cooperatively developed, reviewed annually, and become part of the Automatic Aid Agreement upon consent of the agencies and execution by the City Manager and Borough Mayor. CENTRAL EMERGENCY SERVICES KENAI FIRE DEPARTMENT By: By: Roy Browning, Chief Date: Date: Tony Prior, Chief Exhibit A; Automatic Aid. FY2021 Operational Plan City of Kenai/Central Emergency Services/Nikiski Fire Service Area Page 2 of 3 NIKISKI FIRE SERVICE AREA By: Bryan Crisp, Chief Date KENAI PENINSULA BOROUGH By: Charlie Pierce, Mayor Date: CENTRAL EMERGENCY SERVICE AREA By: Ryann S. Kapp, Chair Date: NIKISKI FIRE SERVICE AREA By: Mark Cialek, Chair Date: APPROVED AS TO FORM By: Patty Burley, KPB Deputy Borough Attorney Date: CITY OF KENAI By: Paul Ostrander, City Manager Date: APPROVED AS TO FORM By: Scott Bloom, Kenai City Attorney Date: Exhibit A; Automatic Aid. FY2021 Operational Plan City of Kenai/Central Emergency Services/Nikiski Fire Service Area Page 3 of 3 AGREEMENT FOR EXCHANGE OF AUTOMATIC AID BETWEEN CITY OF KENAI, KENAI FIRE DEPARTMENT KENAI PENINSULA BOROUGH, CENTRAL EMERGENCY SERVICES, AND NIKISKI FIRE SERVICE AREA October 2020 A. Parties. The parties to this Agreement for Automatic Aid are: The City of Kenai, Kenai Fire Department (hereinafter "Kenai") The Kenai Peninsula Borough, Central Emergency Services (hereinafter "CES") The Kenai Peninsula Borough, Nikiski Fire Service Area (hereinafter "Nikiski") B. P=ose. The agencies involved in this Agreement share the common goal of desiring to provide for the most efficient and timely emergency services possible. All of the agencies provide some form of fire protection and/or emergency medical services within their respective boundaries. To provide greater life and safety coverage, the agencies listed herein desire to work cooperatively to allow for more efficient and wider coverage within their service areas. To accomplish this, the agencies desire to provide the personnel and equipment necessary. C. Cooperative Aueement. The goal of this Agreement is to outline the procedures for carrying out an automatic aid response. D. Responsibilities of the City of Kenai: Kenai will provide a tanker/pumper and at least two (2) personnel, on a first alarm response to an incident scene. Kenai's reciprocal response area for CES is defined as East & West Poppy Lane to the intersection of Kalifornsky Beach Road and the Sterling Highway (Mile 0, Kalifornsky Beach Road), and from Strawberry Road to Spruce & Frontier Drive and all roads connected thereto. Kenai's reciprocal response for Nikiski will be its full service area. E. The Kenai Peninsula Borough, Central Emergency Services: CES will provide a tanker/pumper and at least two (2) personnel, on a first alarm response to Kenai. The response will be to the incident scene. CES's reciprocal response area for Kenai will be Districts 3 and 4 of Kenai's service area. CES has no reciprocal response area for Nikiski. Automatic Aid Agreement / 2020 Page 115 F. The Nikiski Fire Service Area: Nikiski will provide a ladder/pumper and at least two (2) personnel on a first alarm fire response to Kenai. The response will be to the incident scene. Nikiski's reciprocal response will be to Kenai's Districts 1 & 2 service areas. Nikiski has no reciprocal response area for CES. G. Call -Out Procedures 1. Upon report of a first alarm fire through a 9-1-1 call center within the automatic aid response area, Dispatch will request assistance from the appropriate reciprocating agency. 2. Upon request for assistance, the agency shall respond if they are available and capable of assisting to the incident as described. 3. Once committed to responding, the agency will send, without delay, the agreed upon resources. 4. The dispatch of equipment and personnel is subject to the following conditions: i. The responding agency shall report to the Incident Commander (IC) and shall be subject to the direction of the IC or Officer in Charge (OIC). ii. Automatic Aid resources will be released as soon as their services are no longer required. Resources may have to be released from an incident scene if an emergency occurs within their primary response area. iii. The aid provided must be an authorized power of that agency. iv. If the responding agency is directed to backfill/staff a station, the requesting agency will grant it access to the station for appropriate parking of apparatus. v. Whenever the officials, employees, and volunteers from the responding agency are rendering aid, such persons shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position as if such aid were being rendered in their home jurisdiction. vi. During the period of assistance, the responding jurisdiction shall continue to pay its employees according to its prevailing ordinance, rules, regulations and practices. H. Operating Plan 1. It is in the best interests of the citizens of Kenai, Nikiski, and CES to be provided the most expeditious and professional response to suppress fires. The details as to amounts and type of assistance to be dispatched, response areas methods of requesting aid, and the names or ranks of persons authorized to send and receive such requests, lists of personnel and resources which will be utilized, shall be developed by the Fire Chiefs of Kenai, Nikiski and CES. 2. Such details shall be recorded in an Operational Plan signed by the Fire Chiefs of Kenai, CES and Nikiski attached hereto as Exhibit A. I. Trainin¢ At a minimum, the agencies shall endeavor to hold joint training exercises annually between the individual parties of this agreement under the direction of the Chief or the Chief's Operations or Training Officers in each department. Classroom instruction should be available upon request by each department. Automatic Aid Agreement / 2020 Page 215 Term of Agreement 1. This Agreement shall commence upon the date of the last signature received from either the Kenai Peninsula Borough Mayor or the City of Kenai City Manager and shall continue until December 31, 2025. This Agreement may be renewed by the Parties via written request, approved by both parties, no later than November 1St of each year. This Agreement cannot extend beyond fifteen (15) years. 2. Notwithstanding the above, either Party to this Agreement may terminate the Agreement by giving no less than thirty (30) days written notice to the other Party and upon the running of thirty (30) days from such written notice, this Agreement shall be terminated. K. Modification The Agreement may only be amended, modified or changed by a writing executed by authorized representatives of the parties. L. Responsibility for Costs and Liability - 1 . iability- 1. Each party desires to provide to the other a reasonable, professional and reciprocal exchange of fire response services on a day to day basis at no additional cost. 2. Each party shall bear its own costs for responding to an automatic aid request. 3. Each responding agency shall be responsible for its own liabilities incurred traveling to the scene, at the scene and returning to the station of origin. 4. In rendering emergency services, each agency will bear the responsibility for its own acts and any liability incurred by such acts. M. Liability 1. There shall be no liability imposed on any Party or its personnel for failure to respond to an incident. 2. For purposes of this Agreement, each Party's employees shall be deemed to be the employees and agents of that Party only, and under no circumstances shall any employee be deemed to be an employee or agent of any other entity or the other Party. 3. All damages or repairs to any equipment or apparatus shall be the responsibility of the Party that owns such equipment or apparatus, provided however that compensation for damages to equipment or apparatus that occurs during a natural disaster, a state of emergency, as declared by a local, state or federal governing authority, or any other incident for which state or federal aid is provided to the Party requesting aid, shall be distributed to the Party providing aid in proportion to the level of actual involvement while providing automatic aid. 4. Nothing contained in this Agreement shall be construed to be a waiver of either Party's qualified immunity, official immunity, or any other immunity or exemption from liability provided for bylaw. N. Release of Claims Except as provided in Section M(3) above, and to the extent allowed by law, each of the Parties agree to hold harmless and release the other Party from any and all liabilities, suits, claims, judgments, cost or demands for damage to its own property whether directly existing or indirectly arising out of the use of any vehicle, equipment or apparatus being used by either Party during the provision of service pursuant to this Agreement. Automatic Aid Agreement / 2020 Page 315 O. Iniuries to Personnel Any damage or other compensation which is required to be paid to any fire department employee or volunteer by reason of his/her injury occurring while his/her services are being utilized pursuant to this Agreement shall be the sole liability and responsibility of the Party regularly employing that person. P. No Benefit to Third Parties This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Q. Conflict with Laws Nothing in this agreement is intended to conflict with Federal, State or local laws or regulations. If there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with applicable laws or regulations. R. Counterparts This Agreement may be executed in counterparts, each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. 1i777�I+I�i71 CITY OF KENAI Kenai Fire Department Paul Ostrander, City Manager Tony Prior, City of Kenai Fire Chief ATTEST: Jamie Heinz, City Clerk KENAI PENINSULA BOROUGH Central Emergency Services Nikiski Fire Service Area Charlie Pierce, Mayor Roy Browning, CES Fire Chief Bryan Crisp, Nikiski Fire Chief ATTEST: Johni Blankenship, Borough Clerk Automatic Aid Agreement / 2020 Page 4 1 5 Approved as to form and legal sufficiency Approved as to form and legal sufficiency Scott Bloom, Attorney for City of Kenai Patty Burley, Deputy Borough Attorney Automatic Aid Agreement / 2020 Page 5 1 5 KENAI — -1 _...enai 1 210 Ficlalgo Ave, Kenai, AK 99611-7794 1907 283 7535 1 www.kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Tony Prior, Fire Chief DATE: October 20, 2020 SUBJECT: Resolution 2020-83 Over the past several months the Kenai Fire Department has collaborated with Chiefs from Central Emergency Services (CES), Nikiski Fire Department (NFD), as well as the City's and Borough's attorneys to revise our Auto Aid Agreement and Operations Plan to support that Agreement. This Agreement and Operational Plan are critical in providing guidelines for response to structure fires as set out in National Fire Protection Association (NFPA) and from Insurance Services Office (ISO). Some minor changes defining districts and boundaries were addressed and clarification to personnel and apparatus response was also addressed. We defined the boundary on Beaver Loop that requires a response from CES Station 1 or CES Station 4. Boundaries were defined on K -Beach from mile 0 to East and West Poppy Lane and all roads connected and into City limits of Soldotna to the intersection of Spruce and Frontier Drive on the Spur Highway. Station staffing and apparatus was discussed specifically for changes from the previous Agreement. Now that CES Station 4 is staffed with two personnel full-time we were able to make responses consistent with a tanker/pumper and two personnel from either CES Station 1 or CES Station 4. No changes were made for our responses to either CES or NFD, nor were there any changes for response from NFD. Language was changed to be consistent in both the Auto Aid Agreement, as well as the Operational Plan to the Auto Aid Agreement. Our partnership in providing responses to each other provides additional personnel and staffing, which in turn, improves the overall capabilities of each department. Your consideration in approving this Resolution is greatly appreciated.