HomeMy WebLinkAbout2024-05-07; City Council; ; Reimbursement for Training Costs of Regional Urban Search and Rescue Task Force 13 ProgramCA Review JRT
Meeting Date: May 7, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kevin Lynds, Division Chief
kevin.lynds@carlsbadca.gov, 442-339-5844
Subject: Reimbursement for Training Costs of Regional Urban Search and Rescue
Task Force 13 Program
Districts: All
Recommended Action
Adopt a resolution authorizing the City Manager or designee to execute an agreement with the
California Office of Emergency Services for the reimbursement of costs associated with the
Regional Urban Search and Rescue Task Force 13 program and to execute such future
reimbursement agreements.
Executive Summary
The Carlsbad Fire Department is the host agency for a specialized rescue team that will provide
a fast, light and mobile technical search and rescue response in Carlsbad and across the North
County with specially trained personnel from the department and other firefighting agencies in
our region.
In 2020, the City Council authorized the Fire Department Chief to execute a memorandum of
understanding with the other agencies to establish the North Zone Technical Rescue Team
Program. Resolution No. 2020-240 and the corresponding Staff Report are attached as Exhibit 2
for reference.
The task force, now officially designated as Regional Task Force 13 by the California Office of
Emergency Services, is in the final stage of being trained and equipped to respond to various
types of complex rescue incidents that could quickly overwhelm or overextend a single agency.
Staff are asking the City Council to authorize the City Manager or designee to execute an
agreement with the Office of Emergency Services that would enable the city to be partially
reimbursed for certain costs associated with the specialized training required for the personnel
assigned to the task force.
The proposed resolution would also authorize the City Manager or designee to execute such
reimbursement agreements for the program in the future.
May 7, 2024 Item #1 Page 1 of 38
Explanation & Analysis
The Office of Emergency Services has established specialized teams, known as regional task
forces, with 30 members trained as rescue specialists, each with their own specialty or
discipline, that can be deployed to particularly challenging incidents. These teams can handle
and supplement rescue operations for such incidents as structure collapses, trench rescues,
confined space rescues, debris, mudflow and swift water rescues, hazardous materials
incidents, as well as a variety of other missions. They provide the functional elements of
supervision, search, rescue, medical, planning and logistics, as well as the tools and equipment.
The work to establish this specialized rescue team, the only officially designated rescue task
force in San Diego County, began six years ago. The Office of Emergency Services designated it
as Regional Task Force 13 in 2023. The other participating agencies are CalFire/San Diego
County Fire and the San Marcos Fire Department.
Members of the task force are required to complete certain state-mandated training. The funds
used to pay for the associated tuition, fees, travel and backfilling of the spots vacated by those
attending training come from each agency’s training budget. With the proposed agreement, the
city and the other agencies could have some of these training-related costs reimbursed by the
Office of Emergency Services.
Historically, these costs were covered by the participating agencies, with no reimbursement
from the state. This new reimbursement program that began for fiscal year 2023-24 will
continue in perpetuity for all rescue task forces across the state.
As the host agency, the Carlsbad Fire Department would handle the administration of the
reimbursements and pass-through payments from the state to the respective agencies in the
task force to cover some of their training expenses. The total amount reimbursable under the
agreement – to be shared among the agencies in the Task Force – is $169,950, and available
through June 30, 2025.
These reimbursements would reduce the city’s costs for the program while enabling the
department to train and equip more firefighters with the necessary skills and knowledge to
protect life and property in complex and challenging rescue incidents.
Each task force must have certain state-established positions filled with personnel trained for
each highly specialized role. Regional Task Force 13 is just one class short of meeting this
position requirement, with training needed for a heavy equipment and rigging specialist. The
department expects that this specialized training, which is not widely available, will be arranged
and completed by November.
Fiscal Analysis
With this agreement, and with future agreements, the city would receive reimbursement
payments from the state for some of its training costs for Rescue Task Force 13. The amount
would depend on the city’s expenses and those of the other agencies in the task force but could
not, under the current limit set by the state, exceed $169,950 through June 30, 2025.
The Fire Department will use the Public Safety Special Revenue Fund to manage the
reimbursement program. If the agreement is approved, program appropriations for revenues
May 7, 2024 Item #1 Page 2 of 38
and expenditures will be included in the fiscal year 2024-25 preliminary budget for City Council
consideration in May 2024, so no appropriation is needed at this time.
Next Steps
With City Council approval, the City Manager, or his designee, will execute the Office of
Emergency Services agreement to allow for the reimbursement of costs associated with the
training required to attain deployable status as Regional Task Force 13.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1.City Council resolution
2.City Council Staff Report dated Dec. 15, 2020
May 7, 2024 Item #1 Page 3 of 38May 7, 2024 Page 3 of 38
RESOLUTION NO. 2024-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO EXECUTE
AN AGREEMENT WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES
FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE REGIONAL
URBAN SEARCH AND RESCUE TASK FORCE 13 PROGRAM AND TO EXECUTE
SUCH FUTURE REIMBURSEMENT AGREEMENTS
WHEREAS, the Carlsbad Fire Department collaborated with neighboring agencies to develop
the North Zone Technical Rescue Team Program to provide fast, light and mobile technical search and
rescue responses in Carlsbad and across the North County; and
WHEREAS, the Carlsbad Fire Department is the host agency for this specialized rescue team;
and
WHEREAS, the California Office of Emergency Services officially designated the specialized
rescue team as Regional Task Force 13; and
WHEREAS, task force members are required to complete certain state-mandated trainings; and
WHEREAS, the California Office of Emergency Services established a reimbursement program
that would enable the city to be partially reimbursed for certain costs associated with the specialized
training required for the personnel assigned to the task force; and
WHEREAS, program appropriations for revenues and expenditures of $169,950 will be included
in the fiscal year 2024-25 preliminary budget for City Council consideration; and
WHEREAS, the total amount reimbursable under the agreement of $169,950 is to be shared
among the agencies in the task force; and
WHEREAS, as the host agency, the Carlsbad Fire Department will handle the administration of
reimbursement and pass-through payments from the state to the respective agencies in the task force
to cover some of their training expenses; and
WHEREAS, the City Council of the City of Carlsbad, California desires to authorize the City
Manager or designee to execute an agreement (Attachment A) with the California Office of Emergency
Services that would enable the city to receive reimbursement payments from the state for some of its
training costs for Rescue Task Force 13.
May 7, 2024 Item #1 Page 4 of 38
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Manager or designee of the City of Carlsbad is hereby authorized and
directed to execute Agreement No. A231012277 (Attachment A) along with all changes,
modifications or amendments to the agreement and execute such future
reimbursement agreements.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of May, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
May 7, 2024 Item #1 Page 5 of 38
SCOID: 0690-A231012277
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,---------------r---------------,
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER
A231012277
PURCHASING AUTHORITY NUMBER (If Applicable)
GOES-0690
1. This Agreement is entered Into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Governor's Office of Emergency Services (Cal OES)
CONTRACTOR NAME
Carlsbad Fire Department
2. The term of this Agreement is:
START DATE
January 1, 2024, or upon approval, whichever Is later
THROUGH END DATE
June 30, 2025
3. The maximum amount of this Agreement is:
$169,950.00
One Hundred Sixty Nine Thousand Nine Hundred Fifty Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Statement of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit B-1 Cost Sheet
Exhibit C* General Terms and Conditions
tems shown with an asterisk ", are ere incor orate reference an ma e art o t s a reement as i attac e (•), h !by p id by 1d 1d, p ,rrni: g ereto.
These documents can be viewed at https:/lwww.dqs.ca.gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME {If other than an individual, state whether a corporation, partnership, etc.)
City arlsbad Fire Department
l'lORIZED SIGNATURE
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
California Governor's Office of Emergency Services (Cal OES)
CONTRACTING AGENCY ADDRESS
10391 Peter A Mccuen Blvd
PRINTED NAME OF PERSON SIGNING
CONTRACTING AGENCY AUTHORIZED SIGNATURE
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
APPRO'-£D AS TO FORM
CINDIE K McMAHON Cny Attorney
BY· u w..ifv-1}1&
Assistant City Attorney
CITY
Carlsbad
TITLE
City Manager
DATE SIGNED
CITY
Mather
DATE SIGNED
EXEMPTION {If Applicable)
STATE
CA
11
2
1
1
Pages
ZJP
92010
I
STATE IZIP
CA 95655
Page 1 of 1 May 7, 2024 Item #1 Page 6 of 38
May 7, 2024 Item #1 Page 7 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
EXHIBIT A
STATEMENT OF WORK (SOW)
REGIONAL URBAN SEARCH AND RESCUE (US&R) RESPONSE TRAINING REIMBURSEMENT -
REGIONAL US&R TASK FORCE THIRTEEN (RTF 13)
1. OBJECTIVE
The California Governor's Office of Emergency Services, hereinafter referred to as "Cal
OES" requires Carlsbad Fire Department, hereinafter referred to as "Fire Agency", to
govern the reimbursements for the Fire Agency's costs of providing training, exercises,
backfilling positions, overtime and travel costs to allow Fire Agency staff to attend, and
successfully complete US&R response training required by Cal OES specifically related to
the Regional US&R program. Cal OES and the Fire Agency will use the most cost-effective
means for providing funding for training, exercises, backfill, overtime and travel costs . The
intent is to provide the Fire Agency reimbursement for the least extraordinary costs
incurred to send staff to Cal OES for provided urban search and rescue response training.
The reimbursement will allow the Fire Agency to maintain regular staffing to avoid
degradation of services or reduction in emergency response capabilities to the local Fire
Agency community during the training due to the absence of one ( 1) or more trainees.
The staff attending the training courses will help assure that the Fire Agency is prepared for
response to larger or more complex urban search and rescue events within the State of
California.
The contract includes training dollars for the Fire Agency to attend/host and complete
their certified Regional Task Force Leader (RTFL), Regional Technical Search Specialist
(RTSS), Plans Team Training (PTT), Heavy Equipment Rigging Specialist (HERS), and Safety
Officer (SO) courses provided by California Specialized Training Institute (CSTI) or any
mutually agreed upon US&R or other acceptable training/exercise that meets CSTI
requirements/standards and is approved by Cal OES Contract Manager.
2. TERM/PERIOD OF PERFORMANCE
A. The period of performance for the Agreement shall be January 1, 2024, or upon
approval, whichever is later, through June 30, 2025, with the option to extend for one
( 1) additional twelve ( 12) month term, at the original rates evaluated and considered.
B. The Fire Agency shall not be authorized to deliver or commence the performance of
services as described in this SOW until the Agreement has been fully executed. Any
delivery or performance of service that is commenced prior to the execution of the
Agreement shall be considered voluntary on the part of the Fire Agency and non-
compensable.
May 7, 2024 Item #1 Page 8 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
C. Consistent with the terms and conditions of the original solicitation, and upon mutual
consent, Cal OES and the Fire Agency may execute written amendments to alter the
method, price, or schedule of the work, subject to the limitations set forth by Califomia
Public Contract Code, section 100 et seq, and the California State Contracting
Manual, Volume 1.
3. BUDGETED AMOUNT
The initial award of this Agreement shall not exceed $169,950.00 and there is no obligation
on Cal OES' part to utilize the entire amount. Any increases in the budgeted amount will
be at the rates evaluated and considered herein.
4. PROJECT TASKS AND DELIVERABLES
The Fire Agency must perform project tasks and/or deliverables including, but not limited
to, the following:
A. The Fire Agency shall schedule urban search and rescue response courses at the
direction of Cal OES Contract Manager. The courses will provide initial training for new
team members and continual education for existing personnel to maintain
competency and prepare for emergency readiness. Attendees must be a rostered
member of RTF 13.
B. In order to maximize the training benefit and build response capability statewide, the
Fire Agency and Cal OES agree that in any case offered under this Agreement, excess
training spaces (up to normal class fill) will be open to enrollment for other agencies/RTF
teams from other jurisdictions, at no tuition charge to those agencies/RTFs or their
personnel. Priority is RTF 13 team hosting the training and responders from the hosting
jurisdiction.
C . The Fire Agency shall ensure the members of the RTF 13 complete the following certified
trainings pertinent to team need and Firefighting Resources of California Organized for
Potential Emergencies Incident Command System (FIRESCOPE ICS) 162 requirements
and National Fire Protection Agency (NFPA) 1006 Standard for Technical Rescue
Personnel Qualifications (2021) or any other training identified by the Fire Agency and
approved by Cal OES Contract Manager. These training courses include but not limited
to:
i. Regional Task Force Leader (RTFL)
ii. Regional Technical Search Specialist (RTSS)
iii. Plans Team Training (PTT)
iv. Heavy Equipment Rigging Specialist (HERS)
May 7, 2024 Item #1 Page 9 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
v. Safety Officer (SO)
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A23 l O 12277
D. The Fire Agency shall ensure the members of the RTF 13 complete the required State
Fire Marshall certified trainings pertinent to team need and FIRESCOPE ICS 162
requirements and NFPA 1006 Standard for Technical Rescue Personnel Qualifications
(2021) or any other training identified by the Fire Agency and approved by Cal OES
Contract Manager. These training courses include but not limited to:
i. Rope Rescue Awareness/Operations (RRA/O)
ii. Structural Collapse Specialist 1 (SCS 1)
iii. Confined Space Rescue Operations/Technician (CSRO-T)
iv. Structural Collapse Specialist 2 (SCS2)
v. Trench Rescue Technician (TRT)
vi. Rope Rescue Technician (RRT)
vii. Machinery Rescue Technician/Heavy Vehicle Rescue Technician (MRT/HVRT)
E. When required, the Fire Agency shall conduct and host the State Fire Marshall certified
trainings described in section D., and will be reimbursed for travel, backfill, overtime,
instructor fees, facility rental fees, equipment rental fees, and consumables related to
the trainings including the training material such as print outs, office supplies, etc. The
Fire Agency shall submit the related costs for approval to the Cal OES Contract
Manager using agreed upon reimbursement process.
F. The Fire Agency shall ensure the members of the RTF 13 are rece1v1ng continual
educational opportunities and/or refresher training to maintain competency utilizing
the certified trainings required by FIRESCOPE ICS 162 requirements and National Fire
Protection Agency (NFPA) 1006 Standard for Technical Rescue Personnel Qualifications
(2021) or any other training approved by Cal OES Contract Manager.
G. The Fire Agency shall submit a training calendar and/or staff's training certifications
that reflects the completion of training courses included in the above sections (C and
D) in order to be reimbursed for the costs of training.
H. The Fire Agency shall provide staff's training certifications upon Cal OES Contract
Manager's request.
I. The Fire Agency shall ensure that staffing of the RTF meet the RTF response capabilities
and training requirements established within the FIRESCOPE ICS 162 standards and
NFPA 1006 Standard for Technical Rescue Personnel Qualifications (2021 ). The list of
personnel that the Fire Agency selects for training must be submitted at a minimum of
May 7, 2024 Item #1 Page 10 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
thirty (30) calendar days prior to the start of class/training for approval by Cal OES /
CSTI Fire and Rescue Training Unit.
J. The Fire Agency shall ensure the reimbursable training courses are successfully
completed so that the requisite number of certified US&R personnel will be available
to activate and deploy through the Cal OES Fire and Rescue Mutual Aid System to
provide mutual aid to larger or more complex US&R events in accordance with the
California State Mutual Aid Plan.
K. Upon activations by Cal OES Fire and Rescue, the Fire Agency shall provide the
required personnel needed to fill an RTF team. The provided personnel's qualifications
must meet the equivalent to the requirements found in the FIRESCOPE ICS 162 and
NFPA l 006 Standard for Technical Rescue Personnel Qualifications (2021) position
description and requirements for Technical Search and Rescue.
5. ACCEPTANCE OF SERVICES
Payment for services performed under this Agreement shall be in accordance with the
Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this
SOW. Acceptance criteria shall consist of the following:
A. The Fire Agency is responsible for obtaining approval from Cal OES Contract Manager
before beginning any services.
B. The Fire Agency shall meet all timelines and deliverable due dates as described herein.
C. It shall be Cal OES' sole determination as to whether services have been successfully
completed and are acceptable.
D. The Fire Agency costs related to rework of unacceptable work products shall be costs
of the Fire Agency and shall not be billed to Cal OES.
E. In the event that not all Fire Agency staff successfully complete training, Cal OES
reserves the right to reduce the invoice by the number of Fire Agency staff who did not
successfully complete the training. The Fire Agency costs related to failure by staff to
successfully complete the training shall be costs of the Fire Agency and shall not be
billed to Cal OES.
F. Invoices shall be due and payable, and payment should be made, only after
satisfactory completion of the training and acceptance of the invoices by Cal OES.
G. Invoices shall be submitted as needed utilizing the Fire and Rescue Training Unit
Reimbursement documents and in arrears, identifying staff by name, classification,
period of service, and cost per category, as shown on Exhibit B-1, Cost Worksheet.
May 7, 2024 Item #1 Page 11 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
H. Payment for the tasks performed under this Agreement shall be as stated in Exhibit B-1,
Cost Worksheet.
I. The Fire Agency shall provide Cal OES with documentation that all members have
completed required training.
6. FIRE AGENCY RESPONSIBILITIES
A. This serves as a notice under Executive Order N-6-22 that as a contractor or grantee,
compliance with the economic sanctions imposed in response to Russia's actions in
Ukraine is required, including with respect to, but not limited to, the federal executive
orders identified in the Executive Order and the sanctions identified on the U.S.
Department of the Treasury website (https://home.treasury.gov /policy-
issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-
russia-related-sanctions). Failure to comply may result in the termination of contracts
or grants, as applicable.
B. The Fire Agency shall provide all equipment and/or software necessary to perform the
required duties outlined herein.
C. The Fire Agency shall designate a primary contact person to whom all project
communications may be addressed and who has the authority to act on all aspects
of the services.
D. The Fire Agency shall backfill positions as required due to Fire Agency staff attending
the training provided by Cal OES that are approved by Cal OES Contract Manager
using the most cost-effective means.
E. The Fire Agency shall initially pay any costs associated for any positions that require
backfill or for any overtime cost incurred by the Fire Agency employees for attending
the training or exercises.
F. The Fire Agency shall pay civilian personnel, not otherwise covered by the California
Fire Assistance Agreement (CFAA), at the rate and method formally negotiated and
agreed upon prior to the training or exercise between the Fire Agency and the
Civilians rostered or the training or exercise in those positions.
G. If a Fire Agency employee is unable to perform due to illness, resignation, or other
factors beyond the Fire Agency's control, the Fire Agency shall provide qualified and
suitable substitute personnel.
7. CAL OES RESPONSIBILITIES
A. Cal OES shall designate a person to whom all Fire Agency communication will be
addressed, and who has the authority to act on all aspects of the services. This person
May 7, 2024 Item #1 Page 12 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
will review the SOW and associated documents with the Fire Agency to ensure
understanding of the responsibilities of both parties.
B. Cal OES shall provide access to department staff and management, offices and
operation areas, as required, to complete the tasks and activities defined under this
Agreement.
C. In order to allow the Fire Agency the ability to maintain its regular staffing and
response capabilities necessary to protect the health and safety of their communities,
Cal OES shall reimburse the Fire Agency for any vacated positions that require
backfilling, overtime, any related travel costs incurred by Fire Agency employees for
attending training or exercise, instructor fees, facility rental fees, equipment rental
fees, and consumables costs up to the amount contained in Exhibit B-1, Cost Sheet.
(e.g., for on-duty staff attending training, Cal OES will reimburse backfill costs; for off-
duty staff attending training, Cal OES will reimburse overtime costs for trainees)
8. PERFORMANCE
Cal OES will be the sole judge of the acceptability of all work performed and all work
products produced by the Fire Agency as a result of this SOW. Should the work performed,
or the products produced by the Fire Agency fail to meet Cal OES' conditions,
requirements, specifications, guidelines, or other applicable standards, the following
resolution process will be employed, except as superseded by other binding processes:
A. Cal OES will notify the Fire Agency of such problems in writing within five (5) business
days.
B. The Fire Agency must respond to Cal OES within five (5) business days after initial
problem notification. The response shall include a corrective action plan and detailed
explanation of how the Fire Agency plans to mitigate the issue.
i. Failure by the Fire Agency to respond to Cal OES' initial problem notification
within the required time limit may result in immediate termination of the Contract.
In the event of such termination, Cal OES shall pay all amounts due the Fire
Agency for all work accepted prior to termination.
C. Cal OES will, within five (5) business days after receipt of the Fire Agency's corrective
action plan, notify the Fire Agency in writing whether it accepts or rejects the plan.
i. If Cal OES rejects the corrective action plan, the Fire Agency will submit a revised
plan within three (3) business days. Failure by the Fire Agency to respond to Cal
OES' notification may result in immediate termination of the Agreement.
D. Upon receipt of the revised corrective action plan, Cal OES will notify the Fire Agency
in writing whether it accepts or rejects the revised plan within three (3) business days.
May 7, 2024 Item #1 Page 13 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
i. Rejection of the revised corrective action plan will result in immediate termination
of the Agreement.
E. In the event of Agreement termination, Cal OES shall pay all amounts due to the Fire
Agency for all work accepted prior to termination.
9. PROBLEM ESCALATION
The parties acknowledge and agree that certain technical and project related problems
or issues may arise, and that such matters shall be brought to Cal OES' attention. There
may be instances where the severity of the problem(s) justifies escalated reporting. To this
extent, the Contractor will determine the level of severity and notify the appropriate Cal
OES personnel. Cal OES personnel notified, and the time period taken to report the
problem or issue shall be at a level commensurate with the severity of the problem or issue.
The relevant Cal OES personnel include, but are not limited to, the following:
First level:
Second level:
Third level:
Jack Fry, Deputy Chief
(916) 628-7015
Jack.Fry@caloes.ca.gov
Justin Freiler, Deputy Superintendent
(805) 594-2148
Justin.Freiler@caloes.ca.gov
Lori Nezhura, Deputy Director
(916) 261-4535
Lori.Nezhura@caloes.ca.gov
10. TERMINATION OF AGREEMENT
Cal OES reserves the right to terminate this Agreement, subject to thirty (30) days written
notice to the Fire Agency. In the event of termination, Cal OES shall pay all amounts due
the Fire Agency for all services rendered and accepted prior to termination.
Additional conditions for termination include, but are not limited to, the following:
A. This Agreement can be immediately terminated for cause. The term "for cause" shall
mean that the Fire Agency fails to meet the terms, conditions, and/or responsibilities
of the Agreement. In this instance, the Agreement termination shall be effective as
of the date indicated on Cal OES' notification to the Fire Agency.
B. This Agreement may be suspended or cancelled without notice, at the option of the
Fire Agency, if the Fire Agency or Cal OES' premises or equipment are destroyed by
fire or other catastrophe, or so substantially damaged that it is impractical to continue
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California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
service, or in the event the Fire Agency is unable to render service as a result of any
action by any governmental authority.
C. Cal OES may terminate performance of work under this Agreement for its
convenience in whole or, from time to time, in part, if Cal OES determines that a
termination is in the State's interest.
i. Cal OES shall terminate by delivering to the Fire Agency a Notice of Termination
specifying the extent of termination and the effective date thereof. The parties
agree that, as to the terminated portion of the Agreement, the Agreement shall
be deemed to remain in effect until such time as the termination settlement, if
any, is concluded and the Agreement shall not be void.
ii. After receipt of a Notice of Termination, and except as directed by Cal OES, the
Fire Agency shall immediately proceed with the following obligations, as
applicable, regardless of any delay in determining or adjusting any amounts due
under this clause. The Fire Agency shall:
a) Stop work as specified in the Notice of Termination.
b) Place no further subcontracts for materials, services, or facilities, except as
necessary to complete the continued portion of the Contract.
c) Terminate all subcontracts to the extent they relate to the work terminated.
d) Settle all outstanding liabilities and termination settlement proposals arising
from the termination of subcontracts; the approval or ratification of which
will be final for purposes of this clause.
D. The Fire Agency may submit a written request to terminate this Agreement only if Cal
OES should substantially fail to perform its responsibilities as provided herein.
11. SUBCONTRACTING PROVISIONS
A. The Fire Agency will act as prime contractor under this Agreement. In addition to
identifying all personnel proposed to work under this Agreement, the Fire Agency shall
also identify its subcontractor affiliation, as applicable.
B. Cal OES reserves the right to approve all subcontractors prior to the performance of
any work by the subcontractor.
C. Nothing contained in this Agreement shall create any contractual relationship
between Cal OES and any subcontractors, and no subcontract shall relieve the
Contractor of its responsibilities and obligations hereunder. The Fire Agency is fully
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California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
responsible to Cal OES for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them.
D. If a subcontractor is a California Certified Small Business and/or Disabled Veteran
Business Enterprise, then those amounts paid to certified subcontractors shall be
identified on the Fire Agency's invoice(s).
E. The Fire Agency's obligation to pay its subcontractors is an independent obligation
from Cal OES' obligation to make payments to the Fire Agency. As a result, Cal OES
shall have no obligation to pay or to enforce the payment of any monies to any
subcontractor.
F. The services may be subcontracted without limitation only when 1) the primary
agreement is a subvention agreement or 2) the total of all subcontracts does not
exceed $50,000 or 25% of the total Agreement amount, whichever is less, and that
subcontracting is not done for the purpose of circumventing competitive bidding
requirements; or all subcontracts are with one of the following entities:
i. A California State agency, State college or State university
ii. A state agency, state college or state university from another state
iii. A local governmental entity, including those created as a Joint Powers Authority
(JPA), and including local government entities from other states.
iv. An auxiliary organization of the CSU, or a California community college.
v. The Federal Government
vi. A foundation organized to support the Board of Governors of the California
Community Colleges
vii. An auxiliary organization of the Student Aid Commission established under
Education Code§ 69522.
G. If the total of all subcontracts exceeds $50,000 or 25% of the total Agreement amount,
whichever is less, then higher levels of subcontracting are permissible if the subcontract
is justified and not for the purpose of circumventing state contracting requirements,
and:
i. Certification by the Fire Agency that the subcontractor has been selected
pursuant to a competitive bidding process that seeks at least three (3) bids from
responsible bidders; or
ii. Approval by the Cal OES' Director explaining the reason the subcontract(s) are
included in this Agreement rather than being separately bid and contracted for
by Cal OES and attesting that the selection of the subcontractor(s) without
May 7, 2024 Item #1 Page 16 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
competitive bidding was necessary to promote the Cal OES' needs and was not
done for the purpose of circumventing competitive bidding or other state
contracting requirements.
12. AUTHORIZED REPRESENTATIVES
The authorized representatives during the term of this Agreement are identified in the
tables below. Changes to the Authorized Representatives are allowed without contract
amendment via written notice to the representatives written below.
For service-related inquiries:
The California Governor's Office of Carlsbad Fire Department Emergency Services
Contract Manager, Jason
NAME: Kindt, Emergency NAME: Kevin Lynds,
Management Coordinator Division Chief
Instructor II
ADDRESS: 1 0391 Peter A Mccuen ADDRESS: 2560 Orion Way
Mather, CA 95655 Carlsbad, CA 92010
PHONE: (916) 628 -3701 PHONE: ( 619) 253-1412
EMAIL: Jason.Kindt@caloes.ca.gov EMAIL: kevin.lynds@carlsbadca.gov
For Agreement administrative inquiries:
The California Governor's Office of Carlsbad Fire Department Emergency Services
NAME: Contract Analyst, Miranda NAME: Kevin Lynds,
Wilson Division Chief
ADDRESS: 10391 Peter A Mccuen Blvd ADDRESS: 2560 Orion Way
Mather, CA 95655 Carlsbad, CA 92010
May 7, 2024 Item #1 Page 17 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
PHONE:
EMAIL:
"(916) 845-8828
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
PHONE: ( 619) 253-1412
Miranda.Wilson@caloes.ca .gov EMAIL: kevin.l}'.'.nds@carlsbadca.gov
May 7, 2024 Item #1 Page 18 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No . A231012277
EXHI BIT B
BUDGET DETAIL AND PAYMENT PROVI SIONS
1. Payment for services performed under this Agreement shall be in accordance with the
Cost Sheet, Exhibit B-1. It shall be Cal OES' sole determination as to whether a service has
been successfully completed and is acceptable.
2. Invoices shall be submitted after services are rendered and shall include the following
information:
A. Agreement No.
B. • Fire Agency / RTF 13
C. Service
D. Itemized Cost
E. Invoice Date
Invoices shall be due and payable, and payment shall be made, only after Cal OES'
Contract Manager's acceptance of services.
3. The Fire Agency will be reimbursed for actual incurred travel expenses based on the per
diem rates used for State employees, on receipt and approvd of an itemized invoice.
Travel reimbursement rates and applicable restrictions are identified on the
Employee/Travel Reimbursement section of the California Department of Human
Resources (Cal HR) website:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Travel reimbursement rates as identified by Cal HR can vary from year to year. Rates for
future years will conform to Cal HR rates for the corresponding contract year.
4. Submit invoices to:
Californi a Governor's Office of Emergency Services
Accounting Unit
CSTlinvoice@caloes .ca.gov
5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall be of no further force and effect. In this event, Cal OES shall
have no liability to pay any funds whatsoever to the Fire Agency or to furnish any other
considerations under this Agreement and the Fire Agency shall not be obligated to
perform any provisions of this Agreement.
May 7, 2024 Item #1 Page 19 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, Cal OES shall have the option to either cancel this Agreement with no liability
occurring to Cal OES or offer an amendment to the Fire Agency to reflect the reduced
amount.
7. All payments will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927.
8. The Fire Agency understands that in order to ensure final payment for work performed as
part of this agreement, the Cal OES Contract Manager must receive all final closeout
invoices no later than June 30, 2025.
May 7, 2024 Item #1 Page 20 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
EXHIBIT B-1
COST SHEET
The Contractor shall provide all labor, materials, equipment, and every other item of expense,
direct or indirect (including any applicable taxes), necessary to complete the services in
accordance with the specifications described in the Statement of Work, Exhibit A, at the rates
specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount
of services/hours that shall be required for this Agreement, and reserves the right to omit
portions or quantities of work, as may be deemed necessary. Payment for service performed
under this Agreement shall be for actual expenditures incurred. The rates referenced below
shall be binding for the term of the Agreement.
ITEM DESCRIPTION PRICE NO.
Reimbursement for US&R training, development,
and evaluation, including administrative fees**,
1 backfill***, overtime***, instructor fees, facility $169,950.00 rental fees, equipment rental fees, consumables,
and travel for attending the training courses
described in Exhibit A, sections 4.C, 4.D, and 4.E
Grand Total $169,950.00
*The allowable cost for reimbursement under this Agreement are travel (as applicable and
specified by Cal HR on their website: http://www.calhr.ca.gov/employees/pages/travel-
reimbursements.aspx), backfill, overtime, instructor fees, facility rental fees, equipment rental
fees, and consumables costs. All reimbursable costs must be supported by itemized invoices.
The Fire Agency shall provide receipts for the expenditures related to facility rentals,
equipment rentals, travel, and consumables. The maximum allowable reimbursable amount
under this Agreement is $169,950.00.
**The Fire Agency is approved to add a 3% administrative fee for processing invoices for
reimbursement.
***The backfill and overtime cost will be re imbursed based on the staff's classification levels
utilized at the Fire Agency according to the rates specified in California Fire Assistance
Agreement (CFAA): https://www.caloes.ca.gov/office-of-the-director/operations/response-
operations/fire-rescue/administration-reimbursement/
May 7, 2024 Item #1 Page 21 of 38
California Governor's Office of Emergency Services Carlsbad Fire Department
Regional US&R Response Training Reimbursement -RTF 13
Agreement No. A231012277
EXHIBIT C
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions (GTCs) are hereby incorporated by reference and can be
accessed by visiting the following links:
Non-IT Services General Terms and Conditions (Rev. 04/2017):
https://www.dgs.ca .gov /-/media/Divisions/OLS/Resources/GTC-April-201 7-
FINALapril2017 .ashx? la=en &hash=04E212331938533CCF 1 EC73EB0BC1 FDCBADAC601
May 7, 2024 Item #1 Page 22 of 38
General Terms and Conditions (GTC 04/2017)
EXHIBIT C
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the Department of General Services, if required. Contractor
may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No
oral understanding or Agreement not incorporated in the Agreement is binding on
any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in
whole or in part, without the consent of the State in the form of a formal written
amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement. Contractor agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment, unless a longer
period of records retention is stipulated. Contractor agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further,
Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code
§8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this
Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be
relieved of any payments should the Contractor fail to perform the requirements of
this Agreement at the time and in the manner herein provided. In the event of such
termination the State may proceed with the work in any manner deemed proper by
the State. All costs to ·the State shall be deducted from any sum due the Contractor
under this Agreement and the balance, if any, shall be paid to the Contractor upon
demand.
May 7, 2024 Item #1 Page 23 of 38
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of
Contractor, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty
of perjury, the minimum, if not exact, percentage of post-consumer material as
defined in the Public Contract Code Section 12200, in products , materials, goods, or
supplies offered or sold to the State regardless of whether the product meets the
requirements of Public Contract Code Section 12209. With respect to printer or
duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply
(Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Contractor and its subcontractors shall not deny the contract's benefits to any person
on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed , color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such
discrimination. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of
Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code
§§11135-11139.5), and the regulations or standards adopted by the awarding state
agency to implement such article. Contractor shall permit access by representatives
of the Department of Fair Employment and Housing and the awarding state agency
upon reasonable notice at any time during the normal business hours, but in no case
less than 24 hours' notice, to such of its books, records, accounts, and all other
sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,
§11105.)
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference
and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
May 7, 2024 Item #1 Page 24 of 38
13. COMPENSATION: The consideration to be paid Contractor, as provided herein,
shall be in compensation for all of Contractor's expenses incurred in the
performance hereof, including travel, per diem, and taxes, unless otherwise
expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in
accordance with the laws of the State of California.
15. ANTITRUST CLAIMS : The Contractor by signing this agreement hereby certifies
that if these services or goods are obtained by means of a competitive bid, the
Contractor shall comply with the requirements of the Government Codes Sections
set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political subdivisions
or public agencies on whose behalf the Attorney General may bring an
action pursuant to subdivision (c) of Section 16750 of the Business and
Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and
agrees that if the bid is accepted, it will assign to the purchasing body all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of
the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body
pursuant to the bid. Such assignment shall be made and become effective
at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement
for actual legal costs incurred and may, upon demand, recover from the
public body any portion of the recovery, including treble damages,
attributable to overcharges that were paid by the assignor but were not paid
by the public body as part of the bid price, less the expenses incurred in
obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
May 7, 2024 Item #1 Page 25 of 38
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the contractor acknowledges in accordance with Public Contract Code
7110, that:
a. The contractor recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the
earnings assignment orders of all employees and is providing the names
of all new employees to the New Hire Registry maintained by the .
California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess
of $200,000, the Contractor shall give priority consideration in filling vacancies in
positions funded by the Contract to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION
REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small
business participation, then Contractor must within 60 days of receiving
final payment under this Contract (or within such other time period as may
be specified elsewhere in this Contract) report to the awarding department
the actual percentage of small business participation that was achieved.
(Govt. Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled
veteran business enterprise (DVBE) participation, then Contractor must
within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract)
certify in a report to the awarding department: (1) the total amount the
prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the
amount each DVBE received from the prime Contractor; (4) that all
payments under the Contract have been made to the DVBE; and (5) the
actual percentage of DVBE participation that was achieved. A person or
entity that knowingly provides false information shall be subject to a civil
penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§
14841.)
May 7, 2024 Item #1 Page 26 of 38
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or
supplies then the following statement is incorporated: It is unlawful for any person
engaged in business within this state to sell or use any article or product as a "loss
leader" as defined in Section 17030 of the Business and Professions Code. (PCC
10344(e).)
Meeting Date:
To:
From:
Staff Contact:
Subject:
Dec. 15, 2020
Mayor and City Council
Scott Chadwick, City Manager
Nick Ordille, Assistant Fire Chief
nick.ordille@carlsbadca.gov, 760-931-2123
Kevin Lynds, Battalion Chief
kevin.lynds@carlsbadca.gov, 619-253-1412
North Zone Technical Rescue Team Program and Interagency Technical
Rescue Team Memorandum of Understanding
Recommended Action
Adopt a resolution authorizing the chief of the Fire Department to execute the Interagency
Technical Rescue Team Memorandum of Understanding for the North Zone Technical Rescue
Team Program.
Executive Summary
The Carlsbad Fire Department has been working since 2017 to create a specialized rescue
resource team based in northern San Diego County with the personnel and equipment needed
to handle complex rescue incidents. The department has been collaborating with neighboring
agencies to develop this technical and urban search and rescue team. It will provide the City of
Carlsbad and the surrounding region with a disaster response team that is not currently
available in the county. Staff are seeking the City Council’s approval to execute the attached
Interagency Technical Rescue Team Memorandum of Understanding to continue development
of the North Zone Technical Rescue Team Program.
Discussion
Firefighters in the 21st century are considered all-risk first responders. In addition to traditional
firefighting duties such as fire suppression and emergency medical services, fire services
provide rescues for natural disasters, manmade risks and other incidents that require highly
technical knowledge, skills and equipment. Many fire agencies cannot provide specialized
personnel and equipment to respond effectively and safely to these demands. Large incidents
can also quickly overwhelm a single agency. As a necessary safety precaution, the Fire
Department created the North Zone Technical Rescue Team Program to help prepare for the
known hazards in the city and the region.1
1 The North Zone is the term firefighting agencies use for the northern section of the county.
Dec. 15, 2020 Item #8 Page 1 of 12May 7, 2024 Item #1 Page 27 of 38
Exhibit 2
Local hazards
San Diego is the fifth most populous county in the United States, with 1.2 million people in just
its North County area. The San Diego County Assessor values property in the county at $604.75
billion, with the total in the City of Carlsbad at $37.3 billion, second among the cities only to the
City of San Diego. Those figures combine values from all residential, industrial and commercial
properties, all of which, along with the region’s population, are potentially at risk from a range
of known hazards. The size of San Diego County along with local hazards described below
highlight the need for a technical rescue team.
Earthquakes
The San Diego-Carlsbad area ranks eighth in the nation in potential for losses to
earthquakes, according to the Federal Emergency Management Agency (FEMA). The
report also ranks California’s risk as first in the nation in collapsed structures, displaced
households, shelter requirements and casualty estimates.
Mud and debris flows
An unforeseen aspect of wildfires are mudslides, also known as mud and debris flows.
The 2020 fire season is the largest in California history, with almost 4.5 million acres
burned so far. As fire severity increases, the risk of mudslides also increases. Mudslides
are caused by intense periods of rainfall in areas burned over by wildfires. They can be
extremely dangerous, reaching up to 30 mph and carrying boulders, vehicles, trees and
houses.
Other known hazards
Carlsbad has additional hazards and threats that could require large coordinated rescue
efforts. Examples include: a railroad system that runs north and south through the city,
a centralized airport surrounded by business parks and neighborhoods and a popular
amusement park and resort. Each example creates unique challenges and characteristics
requiring special training to perform complex rescue operations.
Current rescue resources
This team would fill a gap in local emergency response resources, providing the city and the
region with a specialized and coordinated technical urban search and rescue team modeled
after the fast, light and mobile regional task forces that are located elsewhere around the state.
The region currently has the following search and rescue resources available:
• The State of California has eight FEMA urban search and rescue teams. One is based in
the City of San Diego which is a multi-agency team with members from various San
Diego fire agencies. These teams typically deploy within six to eight hours from dispatch,
arrival times vary depending on location. The team consists of 210 members and
typically deploys with 70 members along with palletized equipment loaded from its
warehouse onto flatbed trucks for transport.
• The California Office of Emergency Services has 10 regional task forces. A task force can
respond to an incident within 45 minutes from dispatch. It is designed to be fast, light
Dec. 15, 2020 Item #8 Page 2 of 12May 7, 2024 Item #1 Page 28 of 38
and mobile, deploying with 29 on-duty personnel trained in different rescue disciplines.
Teams work either independently or jointly on larger incidents needing supplemental
resources. San Diego County does not have a regional task force. The closest team to
the City of Carlsbad is located at the Long Beach Fire Department.
• San Diego County has four heavy rescue units with equipment, personnel and training
required by the state to be certified for increased rescue capabilities. These are Type 1
certified heavy rescue units operated by the Carlsbad Fire Department, the San Diego
County Fire Authority and the San Diego and Chula Vista fire departments. Each unit
responds with three to six on-duty personnel. When deployed, the unit provides
specialized equipment to handle many incidents. However, these units do not have
sufficient personnel to adequately respond to large incidents.
North Zone Technical Rescue Team Program
The North Zone Technical Rescue Team Program will combine multiagency resources to service
the City of Carlsbad and region. The team is designed like a Cal OES Regional Task Force,
deployable in 45-minutes with 29 specially-trained personnel from the Carlsbad Fire
Department, the County of San Diego Fire Authority and the San Marcos Fire Department.
Technical search and rescue operations include:
• Structural collapse rescue
• Rope rescue
• Confined space rescue
• Trench rescue
• Water rescue
The program is intended to:
• Strengthen local rescue efforts
• Provide highly technical assistance to the incident commander during a rescue operation
• Coordinate agency efforts and activities
• Ensure continuity and establish minimum standards for technical urban search and
rescue operating procedures, personnel, training, equipment and supplies
• Uphold core competencies and qualifications
• Allow for greater flexibility in scheduling and deployment
• Serve as liaison with other rescue service providers and technical assistance resources
• Provide a cost-effective rescue response system
• Create a technical rescue response system of continuous planning, constant analysis,
coordination, evaluation and improvement
Because of the unpredictable nature of rescue operations – an earthquake response, for
example, can be prolonged and ongoing – the plan is to develop a team of 90 trained
firefighters, or three shifts that would be available in the event of a major emergency.
Dec. 15, 2020 Item #8 Page 3 of 12May 7, 2024 Item #1 Page 29 of 38
Firefighting agencies may request aid through a dispatch center when specialized personnel or
equipment is needed by this team. Additional agencies may ask to be part of this team as it
develops.
Interagency Technical Rescue Team Memorandum of Understanding
The memorandum of understanding includes the Carlsbad Fire Department, the San Diego
County Fire Authority and the San Marcos Fire Department. Each agency will be represented by
one member in the Technical Urban Search and Rescue Working Group and each respective fire
chief in the Executive Advisory Committee. An agency may terminate its rights and obligations
by providing a fifteen-day advance written notice to all active agencies. The memorandum of
understanding will continue if two or more agencies remain. Each agency will be responsible for
its own personnel training, equipment, transportation and vehicle needs and costs.
Fiscal Analysis
The North Zone Technical Rescue Team Program does not require any additional funding to
continue to develop and grow. The City of Carlsbad owns and operates a fully outfitted Type 1
certified heavy rescue unit, as noted above. The Fire Department operating budget includes
funding to maintain and replace equipment and vehicles. Most of the personnel training
expenses for rescue certifications are reimbursed through the Urban Area Security Initiative
Grant Fund Program.
The Carlsbad Fire Department is a signatory to the North Regional Zone Master Automatic Aid
Agreement, which follows the “closest unit concept” under which agencies share resources
without expectation for reimbursement.
The Fire Department also participates in the State of California’s Master Mutual Aid Agreement,
meaning that it will provide resources to other participating jurisdictions by request for up to 12
hours with no expectation for reimbursement. If after 12 hours there is no source for
reimbursement, participating agency fire chiefs can either recall or extend the deployment of
the resources. By executing the Interagency Technical Rescue Team Memorandum of
Understanding, participating agencies have the option to recall their resources or charge the
requesting agency for full cost recovery after 12 hours.
Next Steps
The Carlsbad Fire Department will continue to provide rescue resources to the region.
The North Zone Technical Rescue Team will continue to promote and develop the program by:
• Training with partner agencies in various rescue disciplines
• Expanding a rescue instructor cadre to establish local, in-house experts
• Hosting rescue classes and drills in the North Zone
• Seeking additional program involvement from other North Zone agencies
• Developing a daily rostering plan for deployable personnel
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Dec. 15, 2020 Item #8 Page 4 of 12May 7, 2024 Item #1 Page 30 of 38
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council Resolution
2.Interagency Technical Rescue Team Memorandum of Understanding
Dec. 15, 2020 Item #8 Page 5 of 12May 7, 2024 Item #1 Page 31 of 38
RESOLUTION NO. 2020-240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE FIRE CHIEF TO EXECUTE THE INTERAGENCY
TECHNICAL RESCUE TEAM MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of Carlsbad Fire Department has been working since 2017 to create a
specialized rescue resource team based in northern San Diego County with the personnel and
equipment needed to handle complex rescue indents; and
WHEREAS, the Fire Department has been collaborating with neighboring agencies to develop
the North Zone Technical Rescue Team Program; and
WHEREAS, the program will provide the City of Carlsbad and surrounding region with a disaster
rescue team that is not currently available in the county; and
WHEREAS, the City Council of the City of Carlsbad, California desires to authorize the Fire Chief
to take all necessary action to execute the Interagency Technical Rescue Team Memorandum of
Understanding to continue development of the North Zone Technical Rescue Team Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. The Fire Chief of the City of Carlsbad is hereby authorized and directed to execute the
Interagency Technical Rescue Team Memorandum of Understanding and is authorized
to execute all future changes, modifications or amendments to the memorandum of
understanding.
I-
II
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II
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Dec. 15, 2020 Item #8 Page 6 of 12May 7, 2024 Item #1 Page 32 of 38
(SEAL) II III
° •-fteg*" 7 5--11--.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 15th day of December, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
-11(0,,417-Zef
MATT HALL, Mayor
!Via
BARBARA ENGLESON, City Clerk
Dec. 15, 2020 Item #8 Page 7 of 12May 7, 2024 Item #1 Page 33 of 38
INTERAGENCY TECHNICAL RESCUE TEAM
MEMORANDUM OF UNDERSTANDING
1.0 PARTIES
The Interagency Technical Rescue Team (TRT) Memorandum of Understanding (MOU) is entered into by
and between the following agencies located within the County of San Diego, referenced herein
individually as "Party" and collectively as "Parties": (1) City of Carlsbad Fire Department, (2) City of San
Marcos Fire Department, (3) and County of San Diego Fire Authority.
2.0 TERM
This MOU shall be effective as of November 1, 2019 and continue in full force and effect as long as two
or more agencies are Parties remain as to the MOU.
3.0 PURPOSE
The purpose of this MOU is to coordinate and efficiently deploy technical and urban search and rescue
(US&R) resources among the Parties in order to deliver improved services within San Diego County. The
Parties agree to provide qualified staff, administration, and oversight to deploy a TRT.
4.0 GOVERNANCE
a.Executive Advisory Committee
The Fire Chiefs of the three Parties to this MOU will serve as the Executive Advisory Committee (EAC).
The EAC will meet at least annually and provide policy direction for the TRT. The EAC will review and
approve items brought forth from the Technical Urban Search and Rescue Working Group (TRTWG).
b.Technical Rescue Team Working Group (TRTWG)
The Parties' US&R coordinators shall serve as members on the TRTWG and manage the development,
delivery, and planning of training activities necessary to meet the overall goals of the TRT. The TRTWG
will coordinate the Parties' operational practices and procedures, identify and facilitate necessary
training activities, and review and update the Operating Plan, attached hereto as Exhibit A as needed,
but at least annually. The TRTWG will appoint one member to serve as the lead of the TRTWG.
5.0 GOALS
The Parties agree the goals of the coordinated US&R efforts shall include, but not be limited to, the
following:
•Strengthening rescue efforts
•Providing technical assistance to the Incident Commander at the scene of a rescue
•Providing a cost-effective Rescue Response System
•Coordinating the Parties' efforts and activities
•Ensuring continuity and set minimum standards for technical urban search and rescue operating
procedures, personnel, training, equipment and supplies,
•Ensuring core competencies and maintenance of qualifications
•Avoiding duplication of services
•Liaising with other rescue service providers and technical assistance resources
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•Creating a system of continuous planning, constant analysis, coordination, evaluation, and
improvement of the technical rescue response system
6.0 SCOPE
Technical and urban search and rescue involves the location, rescue (extraction), and initial medical
stabilization of victims. "Technical search and rescue" is considered a multi-hazard discipline, as it may
be needed for a variety of emergencies or disasters, including earthquakes, hurricanes, typhoons,
storms and tornadoes, floods, mud and debris flows, dam failures, technological accidents, terrorist
activities and hazardous materials releases.
Technical search and rescue operations primarily consist of, but are not limited to, the following:
•Structural Collapse Rescue
•Rope Rescue
•Confined Space Rescue
•Trench Rescue
•Water Rescue
7.0 INCIDENT RESPONSE, TRAINING AND STAFFING
Tiered Responses
The incident commander from the authority having jurisdiction (AHJ) determines the resources
necessary for a US&R incident. Options include a tiered response:
Tier One: US&R Single Resources and/or US&R strike teams
Tier Two: A TRT formed from on-duty agency personnel from the three Parties to this MOU. The
TRT shall be composed of two Type I US&R Companies with a Carlsbad Heavy Rescue in
the West and a San Diego County Fire US&R in the East. The response may be in Strike
Team Configuration.
Tier Three: Regional Task Force (RTF)
a.Tier One: Urban Search and Rescue (US&R) Single Resource and/ or US&R Strike Team
Both Carlsbad and San Diego County Fire staff operate Type I US&R vehicles. These units can respond
stand alone or with additional personnel from one of the member agencies to meet the requirements
for a US&R Strike Team.
b.Tier Two: Technical Rescue Team (TRT)
The Parties' staff shall form the TRT. The Parties agree to make a best effort to maintain the on-duty
minimum staffing provided below. An on-duty TRT leader from one of the Parties shall be selected
pursuant to the process identified in the Operating Plan. All personnel staffing the TRT must meet the
qualifications and training requirements outlined in the Operating Plan.
Party Required Staffing
City of Carlsbad Fire Department Three
City of San Marcos Fire Department Three
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County of San Diego Fire Authority Six
Any member agency Three additional
Any member agency One (TRT leader)
c. Tier Three: Regional Task Force (RTF)
The Executive Advisory Committee has established a long-term goal of creating a RTF. The RTF will
consist of highly trained and equipped personnel prepared for large or complex urban search and rescue
operations. The RTF shall comply with the FIRESCOPE1 system in responding to an US&R incident. A full
list of these positions is outlined in the Operating Plan.
8.0 TRAINING
Training personnel and ensuring interoperability and familiarity of equipment among team members is
paramount. The TRT will have a goal of training once a quarter and having one larger mobility (MOBEX)
once a year. The Parties will alternate coordinating training exercises for the team. Additionally, the
TRTWG will continue to address the need for specialized training courses in the County of San Diego and
certification of personnel as local instructors. Minimum Training Standards are in the Operating Plan.
9.0 FUNDING
Each Party shall bear the cost of training and equipping for their respective component of the TRT. The
County of San Diego will fund the cost of expendable supplies and instructors for the quarterly drills and
MOBEX. The TRTWG shall pursue grant opportunities for team funding.
The Party requesting the TRT for an emergency incident shall be responsible for providing all logistical
support for the TRT and resupply or reimburse the costs of (at the election of the providing Party) all
supplies utilized, e.g. lumber and plywood.
The TRT shall be considered mutual aid for the first 24 hours for the Parties. Aid provided to any
jurisdiction that is not a party to this MOU shall be considered mutual aid for 12 hours. Upon expiration
of the mutual aid period (24 hours for Parties, 12 hours for others), the requesting agency may seek
continued assistance through the "Assistance by Hire Agreement" process, with full cost recovery to the
Parties.
10.0 APPARATUS
Each of the agencies shall be fully responsible for all repairs, maintenance and upkeep, including gas, oil,
lubrications, parts replacement and repair of casualty damage, of all its own equipment used, in
furtherance of this MOU, while said equipment is used outside of its service area.
11.0 EMPLOYEES
The Parties' employees shall not be deemed employees of any of the other Parties by way of this MOW
Each Party shall be responsible for all salary and benefits of its employees without cost to the other
Parties. Each Party shall maintain or self-insure Workers Compensation insurance for its employees
without cost to the other Parties.
1 FIRESCOPE (also known as Firefighting Resources of California Organized for Potential Emergencies).
provides sample organizational charts that can be referenced for initial attack, reinforced response,
extended attack and planned need responses.
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12.0 NO THIRD-PARTY BENEFICIARIES
This MOU and each and every provision hereof is for the exclusive benefit of the Parties hereto and not
for the benefit of any third party.
13.0 NOTICE
Any notice required or permitted to be given pursuant to this MOU shall be personally served by the
Party giving notice or shall be served by certified mail. Notices shall be addressed as follows:
City of Carlsbad Fire Department
Attn: Mike Calderwood, Fire Chief
County of San Diego Fire Authority
Attn: Tony Mecham, Fire Chief
City of San Marcos Fire Department
Attn: Dan Barron, Fire Chief
14.0 SUCCESSORS AND ASSIGNS
Each and all provisions hereof shall be binding on and inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors, and permitted assigns.
15.0 TERMINATION
Any Party may terminate their rights and obligations under this MOU by providing at least fifteen (15)
days' advance written notice of termination to the other Parties pursuant to Section 12 (Notice). The
MOU will continue to be effective for all remaining Parties, to the extent that two or more Parties
remain.
16.0 ALTERATIONS
17.0
This MOU represents the entire understanding of the Parties. Any changes, modifications, or
amendments to this MOU shall be agreed upon and made in writing by all Parties.
18.0 SEPARATE ENTITIES
The Parties to this MOU are each considered separate entities. Nothing contained in this MOU shall be
deemed or construed to create a partnership, join venture or any other similar relationship between the
Parties hereto or cause either Party to be responsible in any way for the debts or obligations of the
other Party.
19.0 COUNTERPARTS
This MOU may be executed in any number of counterparts, each of which shall be deemed an original
and all of which, taken together, shall constitute one and the same MOU.
20.0 GOVERNING LAW
This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the
State of California without regard to choose of law principles. Venue for any disputes shall be only in
the courts of law located in the County of San Diego, California.
21.0 INDEMNIFICATION
Regardless of and despite Government Code Sections 895.2 and 895.4, the Parties agree to the
following:
A. Claims Arising from Sole Acts or Omissions of a Party
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IN WITNESS WHEREOF, the Parties cause this MOU to be executed as of the date written above.
:3
Each Party hereby agrees to defend and indemnify the other Parties, their agents, officers and
employees (hereinafter collectively referred to in this paragraph as 'Indemnitees'), from any claim,
action or proceeding against the Indemnitees, arising solely out of the acts or omissions of the individual
Party in the performance of this MOU. At their sole discretion, the Indemnitees may participate at their
own expense in the defense of any claim, action or proceeding, but such participation shall not relieve
the individual Party of any obligation imposed by this MOU.
B.Claims Arising from Concurrent Acts or Omissions
The Parties hereby agree to defend themselves from any claim, action or proceeding arising out of the
concurrent acts or omissions of Parties. In such cases, the Parties agree to retain their own legal
counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs,
except as provided in paragraph D below.
C.Joint Defense
Notwithstanding paragraph B above, in cases where the Parties agree in writing to a joint defense, the
Parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the
concurrent acts or omissions of the Parties. Joint defense counsel shall be selected by mutual
agreement. The Parties agree to share the costs of such joint defense"and any agreed settlement in
equal amounts, except as provided in the paragraph D below. The Parties further agree that neither
party may bind the other to a settlement agreement without the written consent of all Parties.
D.Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties,
the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments,
judgments and awards, consistent with such comparative fault.
Mike Catderwood
Fire Chief, City of Carlsbad
0/".Z4- 2-02 /
Date
Dan Barron
Fire Chief, City of San Marcos
12-5- 12034
Date
Herman Reddick
Director, Fire Authority
County of San Diego
Fire Chief, County Fire
Date Date
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