HomeMy WebLinkAboutResolution 2009-089 N.C.S. 06/15/2009Resolution No. 2009-089 N.C.S.
of the City of Petaluma, California
ESTABLISHING COST RECOVERY FEE FOR FIRE-BASED EMERGENCY
RESPONSE SERVICES AND APPROVING AGREEMENT WITH FIRE RECOVERY
I1SA TO COLLECT COST RECOVERY FEE FOR FIRE-BASED EMERGENCY
RESPONSE SERVICES FROM NON-RESIDENTS OF THE CITY OF PETALUMA
WHEREAS, additional demands are placed on all operating aspects of the City of
Petaluma Fire Department ("Fire Department") by the increasing need for emergency services
response activity to incidents on the highways; and,
WHEREAS, the Fire Department has investigated different methods to maintain a high
level of quality of emergency service capability throughout times of increasing service demands;
and,
WHEREAS, maintaining an effective response by the Fire Department decreases the
cost of incidents to insurance carriers though timely and effective management of emergency
situations, saving lives and reducing property and environmental damage; and,
WHEREAS, the City of Petaluma, pursuant to the city's police powers under Article XI,
Sections 3 and 5 of the California Constitution, and the City Charter established pursuant to such
sections, has the authority to enact and enforce laws that promote the public health, safety and
general welfare of its residents; and,
WHEREAS, uncompensated costs of providing fire-based emergency response services
impede the ability of the Fire Department to adequately maintain the necessary high quality level
of emergency service capability throughout times of increasing service demand and constitute a
threat to public health and safety, quiet enjoyment of both commercial and residential property,
and the general welfare of the city and its residents; and,
WHEREAS, the California Vehicle Code, including but not limited to section 17150,
provides that every owner of a motor vehicle is liable for injury to persons or property resulting
from negligent or wrongful acts by any person engaging in permissive use of said motor vehicle;
and,
WHEREAS, the California Vehicle Code, including but not limited to sections 17300-
17303, provides for the recovery of certain costs of damage to streets, highways and related
facilities and related safety precautions resulting from the wrongful or negligent operation of
motor vehicles; and,
WHEREAS, a high percentage of Motor Vehicle Accidents (MVA) requiring a response
from the Fire Department involve individuals not owning property or paying taxes and/or fees in
the City of Petaluma such that said persons do not otherwise contribute to or support the ability
of the Fire Department to effectively provide fire-based emergency response services; and,
WHEREAS, the City of Petaluma desires to implement a fair and equitable procedure by
which to collect costs of fire-based emergency responses to said MVAs and establish a billing
system in accordance with laws, regulations and guidelines; and,
Resolution No. 2009-089 N.C.S. Page 1
WHEREAS, the Fire Department is a member of the International Association of Fire
Chiefs, which has endorsed fire-based cost recovery services provided by Fire Recovery USA,
LLC, a third party provider of cost recovery and billing services; and,
WHEREAS, Fire Department staff has researched and recommends recovery billing
provided by Fire Recovery USA as an effective method of supporting operational costs -not
traditionally recovered such that said costs are more equally shared by those persons requiring
service.
NOW, THEREFORE, the City Council of the City of Petaluma resolves that:
The foregoing recitals are true and correct and adopted as findings of fact;
2. Afire-based emergency response cost recovery fee is hereby established in the
amounts and for the services provided as set forth in Exhibit A, Schedule of Fees,
attached hereto and incorporated herein by reference.
3. Said fees shall be assessed, consistent with the provisions of the California
Vehicle Code, against an owner and/or operator of a motor vehicle determined by
insurers of involved vehicle owners and/or operators to be liable for injury to
persons or property, including costs of damage to streets, highways and related
facilities and related safety precautions, resulting from negligent or wrongful acts
by any person engaging in permissive use of said motor vehicle.
4. The City Council may, from time to time, review and adjust said fees as necessary
to reflect the actual cost of the services provided by the City of Petaluma Fire
Department.
5. The fees and charges set forth on Exhibit A shall also be adjusted by the City
Manager on July ls` of every year beginning July 1, 2010, by the percentage
increase or decrease in the Consumer Price Index -All Items Index (San
Francisco-Oakland-San Jose).
6. The City Council approves the Professional Services Agreement between the City
of Petaluma and Fire Recovery USA for the Provision of Fire-Based Emergency
Response Cost Recovery and Billing Services attached as Exhibit B hereto and
incorporated herein by reference and authorizes the City Manager to execute said
Agreement.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ~ A~¢pro'ved s to
Council of the City of Petaluma at a Regular meeting on the 15`h day of June, 2009, J ~r
by the following vote:
AYES: Vice Mayor Barrett; Glass, Harris, I-lealy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~1~~-~t--~/
City Clerk
City
Resolution No. 2009-089 N.C.S. Page 2
EXHIBIT A
Schedule A: hourly equipment rates.
APPARATUS/PERSONNEL
Apparatus Unit of Measure Price per Hour*
Engine -type 1 per Engine $95.00
Aerial - 100 foot per Aerial $125.00
Rescue (Light) -Brush Truck Per Brush Truck $75.00
Rescue (Medium) -trailer per trailer $150.00
Battalion Chief /Shift Commander per Command Unit $150.00
Other Chief Officer per Person $75.00
Rescue Boat per Unit $100.00
Ambulance with equipment per unit $35.00
Ambulance with equipment and personnel per hour - $195.00
*The minimum usage charge for any item in this list is one hour, and for any
additional hours or portions thereof, the charge will be prorated using 1 /4 hour
increments
CONSUMABLES
Consumables Unit of Measure Price*
AFFF Foam Per 5 Gallons $100.00
Class A Foam Per 5 Gallons $70.00
Salvage Cover Each Used $38.00
Hall Runner Per Incident $24.00
*Price is based on Unit of Measure and may be based on minimum usage charge.
RESCUE EQUIPMENT
Equipment/Tool Unit of Measure Price*
Spreaders Per Incident $185.00
Cutters Per Incident $185.00
Rams Per Incident $185.00
Air Bags Per Incident $300.00
*Based on Unit of Measure and may have a minimum charge of 1 hour.
Resolution No. 2009-089 N.C.S. Page 3
MISCELLANEOUS
Service/Item Unit of Measure Price*
MVA-Scene Control Only Per Hour $100.00
Landing Zone Setup Per Incident $375.00
*The minimum usage charge for any item on this list is one hour, and for any additional
hours or portions thereof, the charge will be prorated using '/4-hour increments.
HAZARDOUS MATERIALS SUPPLIES/CONSUMABLES
Supplies/Consummables Unit of Measure Price*
Absorbent -Bag Per Bag $30.00
Absorbent -Pads Each Used $2.50
Absorbent -Boom Each Used $45.00
Top Sol Each Used $45.00
Disposable Coveralls Each Used $35.00
Neoprene Gloves Each Used $25.00
Latex Gloves Each Used $8.50
Over Boots Each Used $30.00
Disposable Goggles Each Used $25.00
Gas Plug Kit Each Used $75.00
Plug and Dike Each Used $75.00
Overpack Drum Each Used $250.00
Drum Liners Each Used $12.50
Barricade Tape Each Used $25.00
Poly Sheeting Each Used $65.00
Gas Multimeter Per Incident $85.00
CO Meter Per Incident $85.00
Level BSuit - Tyvek Each Suit $35.00
Chemical Boots Per Pair $60.00
Turnout Gear - Decon Each Suit $250.00
*Based on Unit of Measure and may have a minimum charge of 1 hour.
Resolution No. 2009-089 N.C.S. Page 4
PROFESSIONAL SERVICES AGREEMENT
BETWEEN'THE CITY OF PETALUMA AND FIRE RECOVERY USA TO COLLECT
COST RECOVERY FEE FOR FIRE-BASED EMERGENCY RESPONSE SERVICES
FROM NON-RESIDENTS OF THE CITY OF PETALUMA
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into and effective
as of July 1, 2009 ("Effective Date"), by and between the City of Petaluma, a municipal
corporation and a charter city ("City") and Fire Recovery USA, a California limited liability
company, ("Consultant") (collectively, the "Parties").
WHEREAS, the Parties enter into this Agreement for the purpose of Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties
agree as follows:
Services. Consultant shall provide the services as described in and in accordance with the
schedule set forth in Exhibit "A", "Scope of Services," attached hereto and incorporated
herein ("Services").
2. Appointment as Attorney in Fact. City appoints Consultant as City's attorney-in-fact for
the following purposes:
a. Billing and Collections. To bill and collect all revenue earned by and due to the City of
Petaluma Fire Department ("Fire Department") in connection with Fire Department's
provision of fire-based emergency services at the sites of Motor Vehicle Accidents
("MVA"), and such other services as City may subsequently designate in writing to
Consultant ("Collections"); to receive all Collections on Fire Department's behalf; and to
give satisfaction for monies due on account. Consultant is not authorized to institute
legal proceedings against a person, entity, or insurance carrier on City's behalf.
Consultant is not authorized to refer collection of any claims, bills or monies claimed due
to Fire Department to any third party collection agency or service without prior written
approval of City.
b. Endorsement. To take possession of and endorse in Fire Department's name any notes,
checks, money orders, and any other instruments received as Collections.
c. Consent of Cit~quired. Consultant shall obtain the written consent of City prior to the
sale, conveyance, transfer, pledge, exchange, assignment, hypothecation or encumbrance
of City and/or Fire Department's interest in any sums owed to Fire Department and City.
3. Compensation; Business Tax Certificate.
A. For the full performance of the Services as described herein, City shall compensate
Consultant by permitting Consultant to retain the percentage of monies collected
specified in Exhibit A.
Resolution No. 2009-089 N.C.S. Page 5
B. Consultant shall submit detailed audits reflecting all services performed and monies as
required by Exhibit A, and shall provide additional documentation requested by City, as
applicable.
C. Consultant shall be compensated for services in addition to those described in Exhibit A,
only if Consultant and City execute a written amendment to this Agreement describing
the additional services to be performed and the compensation to be paid for such services.
In no case shall the total compensation under this Agreement exceed 20% of collected
billings without prior written authorization of the City Manager. Further, no
compensation for a section or work program component attached with a specific budget
shall be exceeded without prior written authorization of the City Manager.
D. Notwithstanding any provision herein, Consultant shall .not be paid any compensation
until such time as Consultant has on file with the City Finance Department current
information requested on the "Vendor Information" form available from City, and has
obtained a currently valid Petaluma business tax certificate.
E. City's obligation to pay compensation to Consultant as provided herein is contingent
upon Consultant's performance of the Services pursuant to the terms and conditions of
this Agreement and any amendments thereto.
4. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2010, unless sooner terminated in accordance with Section 4. City shall have the
option to renew this Agreement for two (2) successive one year terms, provided that City
notifies Consultant of its intention to renew at least thirty (30) days prior to the termination
date otherwise set forth herein Upon termination, any and all of City's documents or
materials provided to Consultant and any and all of the documents or materials prepared for
City or relating to the performance of the Services, shall be delivered to the City as soon as
possible, but not later than fourteen (14) days after termination of the Agreement.
Termination. City may terminate this Agreement. without cause upon ten (10) days' written
notice. City may immediately terminate or suspend this Agreement for cause. Cause for
immediate termination or suspension shall include, but not be limited to, any breach of this
Agreement by Consultant, Consultant's bankruptcy or insolvency and/or any enactment,
modification or judicial interpretation of law or regulation affecting the services provided by
Consultant or this Agreement which in City's sole judgment affects the validity, viability or
benefit to City of the. Collections. Upon receipt of notice of termination or suspension for
cause, Consultant shall immediately stop all work in progress under this Agreement. In the
event of early termination of this Agreement by City, Consultant shall be entitled to payment
for all Services performed to the date of termination to the extent such Services were
performed to the satisfaction of City in accordance with the terms and conditions of this
Agreement. If City terminates this Agreement for cause related to Consultant's performance,
non-performance or bankruptcy or insolvency, Consultant shall be liable to City for any
excess cost City incurs for completion of the Services. Consultant may terminate this
Agreement if Fire Department's yearly "billable run" volume consists of six (6) or fewer runs
per year. A "billable run" is defined as a run in which the responsible and/or at-fault MVA
participant, as determined by insurance carriers insuring parties involved in an MVA, is a
non-resident and has applicable insurance coverage,
Resolution No. 2009-089 N.C.S. Page 6
6. Consultant's Representation; Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has relied
upon said representation as a material inducement to enter into this Agreement. Consultant
shall, therefore, provide properly skilled professional and technical personnel to perform all
Services under this Agreement. It is expressly understood that Consultant and its agents and
employees, shall act in an independent capacity and as an independent contractor and not as
officers, employees or agents of City. This Agreement shall not be construed as an
agreement for employment.
7. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
9. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
10. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain that
the Services are being performed in accordance with the requirements and intentions of this
Agreement. All work done and materials furnished, if any, shall be subject to inspection and
approval by the City. The inspection of such work shall not relieve Consultant of any of its
obligations pursuant to this Agreement.
11. Progress Reports. Upon the City's request, Consultant shall provide, in a form acceptable
to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's performance of
the Services.
12. Confidentiality. In the course of Consultant's employment, Consultant may have access to
trade secrets and confidential information, disclosure of which is protected or limited by law.
Consultant shall not directly or indirectly disclose or use any such confidential information,
except as required for the performance of the Services.
13. Conflict of Interest. Consultant represents that it presently has no interest, and covenants
that it shall not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services hereunder. Consultant
further covenants that, in the performance of this Agreement, it shall not employ any
subcontractor or person having such a conflict of interest. Consultant represents that no one
who has or will have any financial interest under the Agreement is an officer or employee of
City. If such conflict of interest arises during this Agreement or any extension, Consultant
will immediately advise City and City may, at its sole discretion, immediately terminate this
Agreement.
14. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Resolution No. 2009-089 N.C.S. Page 7
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind
City to any obligation whatsoever.
15. Standard of Performance. Consultant shall perform all the Services in a manner consistent
with the standards of Consultant's profession. All instruments of service of whatsoever
nature, which Consultant delivers to City pursuant to this Agreement, shall be prepared in a
substantial, .first class and workmanlike manner and conform to the standards of Consultant's
profession. All such instruments of service shall become the sole and exclusive property of
City upon delivery of the same.
16. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement shall.
be made without the prior written consent of City.
17. Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City. Any
such subcontractors shall be required to comply, to the full extent applicable, with the terms
and conditions of this Agreement, including but not limited to, procuring and maintaining
insurance coverage as required herein and which shall name City as an additional insured.
18. Compliance With All Laws. Consultant shall fully comply with all applicable local, state
and federal rules, laws, regulations and ordinances pertaining to the performance of the
Services required hereunder. To the extent that any other government agency or entity
provides compensation for any Services, Consultant shall comply with all rules and
regulations applicable to such fiscal assistance.
19. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental
disability in violation of any applicable law.
20. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to
this Agreement shall be made in writing, and sent to the Parties at their respective addresses
specified below or to such other address as a Party may designate by written notice delivered
to the other Party in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is confirmed
by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by
first-class or certified mail or by overnight delivery, or (b) a transmission report is
generated reflecting the accurate transmission thereof. Any notice given by facsimile
shall be considered to have been received on the next business day if it is received
after 5:00 p.m. recipient's time or on a nonbusiness day.
Resolution No. 2009-089 N.C.S. Page 8
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Telephone: (707) 778-4360
Facsimile: (707) 778-4554
Copy to: Petaluma Fire Department
198 D Street
Petaluma, CA 94952
Attention: Larry Anderson, Fire Chief
Consultant: Fire Recovery USA, LLC
219 Vernon Street
Roseville, CA 95678
Attention: Mike Rivera
Telephone (916) 223-2511
Facsimile: None
Copy to: The Watkins Firm, APC
4520 Executive Drive, Ste. 105
San Diego, CA 92121
Attention: Chris Popov
21. ®wnership of Documents. All original papers, documents or computer material on disk or
microfilm, and copies thereof, produced as a result of this Agreement, shall be the property
of City and may not be used by Consultant without the written consent of City. Copies of
such documents or papers shall not be disclosed to others without the written consent of the
City Manager or his or her designated representative.
22. Indemnification. Consultant shall indemnify, defend with counsel acceptable to City, and
hold harmless City and its officers, officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including, without
limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every
nature arising out of or in connection with Consultant's performance of the Services or its
failure to comply with any of its obligations contained in this Agreement.
In addition, and notwithstanding the foregoing, to the extent that this Agreement is a
"construction contract" as defined by California Civil Code section 2783, as may be amended
from time to time, such duties of Consultant to indemnify shall not apply when to do so
would be prohibited by California Civil Code section 2782.
23. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants" in
Exhibit B-1, attached hereto and incorporated herein by reference.
24. Amendment. This Agreement may be amended only by a written instrument executed by
both Parties.
Resolution No. 2009-089 N.C.S. Page 9
25. Litigation. If litigation ensues which pertains to the subject matter of Consultant's services
hereunder, Consultant, upon request from City, agrees to testify therein at a reasonable and
customary fee.
26. Construction. This Agreement is the product of negotiation and compromise on the part of
both Parties and that the Parties agree that, notwithstanding Civil Code section 1654, any
uncertainty in the Agreement shall not be construed against the drafter of the .Agreement.
27. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws
of the State of California and the City of Petaluma. Any action arising from or brought in
connection with this Agreement shall be venued in a court of competent jurisdiction in the
County of Sonoma, State of California.
28. Non-Waiver. The City's failure to enforce any provision of this Agreement or the waiver
thereof in a particular instance shall. not be construed as a general waiver of any part of such
provision. The provision shall remain in full force and effect.
29. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
30. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
31. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out
of this Agreement through mediation prior to commencing litigation. The Parties shall
mutually agree upon the mediator and shall divide the costs of mediation equally.
32. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled
checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to the City for a minimum period of three (3) years or
for any longer period required by law, from the date of final payment to Consultant pursuant to
this Agreement.
B. Consultant shall maintain all documents and records which demonstrate performance under this
Agreement for a minimum period of three (3) years or for any longer period required by law,
from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made
available for inspection or audit, at any time during regular business hours, upon written request
by the City Manager, City Attorney, City Finance Director, or a designated representative of
these officers. Copies of such documents shall be provided to the City for inspection at Petaluma
City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
D. Where City has reason to believe that such records or documents may be lost or discarded due to
dissolution, disbandment or termination of Consultant's business, City may, by written request
by any of the above-named officers, require that custody of the records be given to the City and
that the records and documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives,
or Consultant's successor in interest.
Resolution No: 2009-089 N.C.S. Page ] 0
33. Headings. The headings used in this Agreement are for convenience only and are not intended to affect
the interpretation or construction of any provisions herein.
34. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
35. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein,
constitutes the entire agreement between the Parties with respect to the Services, and supersedes all prior
agreements or understandings, oral or written, between the Parties in this regard.
IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above
written.
CITY OF PETALUMA
City Manager
FIRE RECOVERY USA, LLC
By
Name
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED:
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
Title
Address
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
Resolution No. 2009-089 N.C.S. Page 1
SCOPE O1F SERVICES
Fire Recovery USA LLC ("Consultant") agrees to bill the responsible party on behalf of the City of
Petaluma Fire Department ("Fire Department") for services provided/rendered during Motor Vehicle
Accidents ("MVAs") by Fire Department and for other services, if authorized by the City of Petaluma
("City") and requested by Fire Department. Responsible party(ies) will be as determined by the
insurance carriers for persons involved in MVAs. City has approved certain rates to be billed for
services, as listed on the attached Fee Schedule. The current rates may be changed from time to time by
City. Fire Department will provide notice to Consultant of changes in rates.
2. Consultant will provide as a normal matter of business the entry of claims and submission to the
responsible party, collections of monies deemed due to the Fire Department, payments of the percentage
of collected monies set forth herein to Fire Department, and reporting of progress.
3. Consultant agrees to bill to the best of its ability all claims provided to Consultant by the Fire
Department.
4. Consultant is not authorized to institute legal proceedings against a person, entity, or insurance carrier
on City's behalf. Consultant is not authorized to refer collection of any claims, bills or monies claimed
due to Fire Department to any third party collection agency or service without prior written approval of
City. Consultant shall obtain the written consent of City prior to the sale, conveyance, transfer, pledge,
exchange, assignment, hypothecation or encumbrance of City and/or Fire Department's interest in any
sums owed to Fire Department and City.
5. Consultant agrees to reimburse Fire Department for a portion of the monies collected at a rate of 83% of
the total monies collected on the Fire Department's claims for the first six (6) months. Every six (6)
months Consultant agrees to provide Fire Department with an audit of its collection percentage from the
preceding six (6) months. If the preceding six (6) months collection percentage is more than 65%, then
Consultant will be entitled to retain an additional 3% of monies collected until the next six (6) month
audit, reimbursing Fire Department at a rate of 80% of total monies collected on Fire Department's
claims for the next six (6) months. If a six (6) month audit shows the collection percentage drops below
65%, then Consultant will reimburse Fire Department at the original rate of 83% for the following six
(6) months. The collection percentage will be based on "billable runs," defined as runs where the at-
fault billable individual is anon-resident and has insurance coverage.
6. Consultant agrees to pay the percentage of monies collected which is referenced herein to the Fire
Department on a monthly basis, within seven (7) working days after the close and accounting of the
monthly billing cycle.
7. Consultant agrees to provide monthly reports via. e-mail or standard mail to the Fire Department which
detail billable claims outstanding (claims submitted, but not yet completed) and. claims completed in the
prior billing cycle.
8. Consultant will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal
procedure codes or claims submitted to Consultant by the Fire Department. on the Run Sheets.
Resolution No. 2009-089 N.C.S. Page 12
Fee Schedule for Fire Department Equipment and Services 2009/2010
Basic Engine response:
1) $95 per hour for a Type 1 engine.
2) $250 per hour for 3 personnel (based. on current finance dept. figures with overhead and
incident command -communications).
3) $30 per event dispatch fee.
4) $25 per event report writing and archival fee.
5) $35 per event safety supplies fee,(flares, conies, vests, traffic blocking/control).
II. Basic Engine response, vehicle fire and cleanup:
1) Total of $435 as above. (plus)
2) $60 per incident Environmental cleanup.
a. Clean up of fluids from roadway.
b. Application of absorbent with possible pick up/ bagging(small amounts only)
c. Transport to City Corporation Yard for disposal.
3) $225 per Vehicle Fire
a. Wear full protective equipment
b. Use breathing air and full self contained breathing apparatus
c. Apply water with foam agent for suppression
d. Control runoff water and debris
e. Investigate
f. Refill water tanks, air tanks and foam dispenser
III. Complex -multiple unit response:
1) Basic Engine response as above,. plus each item as used:
2) $ 125 per hour fora 100 foot Aerial.
3) $150 per hour Command Unit with Officer.
4) $ 75 per hour for additional Battalion Chief/ Chief Officer.
5) $ 95 per hour per additional Type 1 engine.
6) $ 100 per hour Rescue Boat.
7) $425 per application of Containment Boom (reusable).
8) Other absorbents based on size and quantity (per schedule).
9) $ 625 per incident for Extrication.
10) $ 375 per incident for Helicopter landing zone operations (one Type 1 engine with hose line
deployment).
Resolution No. 2009-089 N.C.S. Page 13