Approve and authorize the Chairman to sign a letter terminating the March 12, 1996 agreement between the Shasta Lake Fire Protection District and the County of Shasta relating to automatic aid fire protection, effective February 1, 2017.

Shasta County Code Section 2.32.08 directs the Shasta County Fire Warden to make recommendations to the Board of Supervisors and the County Executive Officer regarding automatic and mutual aid agreements with other fire protection entities within the County.  The County Fire Warden has been updating these agreements with all the fire protection entities within Shasta County.  However, the Shasta Lake Fire Protection District (SLFPD) has declined to sign an updated agreement sent to it earlier this year. The existing agreement was initially created in 1996.  It is an “evergreen” agreement which is now 20 years old and needs to be updated.

For the last three years, the Shasta County Fire Department (SCFD) has been updating all automatic and mutual aid agreements with the fire protection entities in Shasta County.  All fire protection entities in Shasta County have signed updated automatic and mutual aid agreements with the County with the exception of SLFPD. 

The existing agreement between the County and the SLFPD, dated March 12, 1996 is over 20 years old and has not been updated in that time.  Significantly, it contains a reference to an “Exhibit A” that is not attached to the agreement and that neither party can locate.  The March 12, 1996 agreement also does not clearly delineate the response areas of either SCFD or the SLFPD.  In order to avoid future disputes, it is in the interest of both parties to update the agreement to provide clarity on the rights and responsibilities of both parties.

On August 25, 2016, SCFD sent a letter to SLFPD outlining the concerns with the existing agreement and requesting that SLFPD sign an updated automatic aid agreement.  In that letter, it was noted that Section 7, “Term and Termination,” of the March 12, 1996 agreement provides that “either party may terminate [the agreement] by giving written notice of termination to the other party at least three (3) months prior to said termination date.”

On September 29, 2016, SLFPD responded that it was not willing to enter into a new agreement because "the new agreement removes a protection from a potential future cost that the District would have no control over.”  The District is referring to a provision in the existing contract providing 24 hour dispatching services to SLFPD for all reports of emergency within the SLFPD.  However, dispatching is done by the California Department of Forestry & Fire Protection (CAL FIRE), who can independently determine whether to charge for such dispatching services and the County has no authority to prevent CAL FIRE from charging for such services. 

It is recommended the Board of Supervisors terminate the existing agreement. SCFD will continue to work with SLFPD on creating a new agreement.

The Board could request more information about the March 12, 1996 agreement.  The Board could decline to terminate the agreement.

The County Administrative Office has reviewed this recommendation.  County Counsel has reviewed and approved as to form the letter terminating the agreement. 

The existing agreement between SLFPD and the County does not provide for any exchange of funds for automatic aid fire protection. There is no additional impact to the County General Fund associated with approval of the

recommendation.