PENDING ORDINANCES
ORDINANCE No. 1303-2020
AN ORDINANCE ESTABLISHING AND IMPLEMENTING A PROGRAM TO CHARGE MITIGATION RATES FOR THE DEPLOYMENT OF EMERGENCY AND NON-EMERGENCY SERVICES BY THE FIRE DEPARTMENT FOR SERVICES PROVIDED/RENDERED BY THE CITY OF TAHLEQUAH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAHLEQUAH OKLAHOMA AS FOLLOWS:
SECTION 1:      The Tahlequah Fire Department shall initiate mitigation rates for the delivery of emergency and non-emergency services by the fire department for personnel, supplies and equipment to the scene of emergency and non-emergency incidents as listed in “EXHIBIT A”. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in “EXHIBIT A”, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.
SECTION 2:      A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) may be billed directly if self-insured.
SECTION 3:      The Tahlequah City Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations as it may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
SECTION 4:     It is found and determined that all formal actions of this City Council concerning and relating to the adoption of this Ordinance were adopted in open meetings of the Tahlequah City Council, and that all deliberations of this City Council and any of its committees that resulted in such formal actions were in accordance with all legal requirements, and the Codified Ordinances of the City of Tahlequah.
SECTION 5:     This Ordinance shall take effect thirty days (30) from the date of adoption as permitted by law.
SECTION 6:       The Mitigation Rates lists in “Exhibit A” will increase by 1.5% annually or based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more.  Rate adjustments will occur on the anniversary date of this Ordinance to keep the Tahlequah Fire Department's cost recovery program in conformity with increasing operating expenses.
SECTION 10.   The provisions of this Ordinance are severable, and if any part or provision hereof shall be adjudged invalid by any court or competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof. It is hereby declared the intention of the Mayor and the City Council of the City of Tahlequah that this Ordinance would have been adopted had such invalid part or provision not been included.
SECTION 11.   Nothing in this Ordinance shall be construed to affect any suit or proceeding now pending in any court, or cause any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby, nor shall any right or remedy of any character be lost, impaired or affected by this Ordinance.
SECTION 12.   All ordinances or parts hereof which are inconsistent with this Ordinance are repealed upon the effective date of this Ordinance.
PASSED and APPROVED this 4th day of May, 2020.
                  
               THE CITY OF TAHLEQUAH, OKLAHOMA
               A MUNICIPAL CORPORATION. 
               
BY: __________________________________
               MAYOR:  Sue Catron
 
ATTEST:
______________________________
CITY CLERK:  DeAnna Hammons
Approved as to form and legality:
_______________________________
CITY ATTORNEYGrant Lloyd
 
EXHIBIT A
MITIGATION RATES
BASED ON PER HOUR
The mitigation rates below are average “billing levels”, and are typical for the incident responses listed, however, when a claim is submitted, it may be itemized and based on the actual services provided.
These rates are based on actual costs using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance).  Labor rates include an average department’s actual burdened labor costs and not just a firefighter's wage.  These include wages, retirement, benefits, workers comp, etc.
MOTOR VEHICLE INCIDENTS
Level 1 - $506.00
Provide hazardous materials assessment and scene stabilization. This will be the most common “billing level”.  This occurs almost every time the fire department responds to an accident/incident. 
Level 2 - $576.00    
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal.  The City and/or its agent will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. 
Level 3 – CAR FIRE - $704.00    
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. 
ADD-ON SERVICES:
Extrication - $1,520.00    
Includes heavy rescue tools, ropes, airbags, cribbing etc.  This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment.  The City and/or its agent will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient.  This level is to be billed only if equipment is deployed.
Creating a Landing Zone -  $465.00
Includes Air Care (multi-engine company response, mutual aid, helicopter).  The City and/or its agent will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).
Itemized Response: The City and/or its agent has the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used.
HAZMAT
Level 1 - $816.00    
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command.
Level 2 - $2,913.00
Intermediate Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment.  Set-up and removal of decon center.
Level 3 – $6,875.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene.  Includes 3 hours of on scene time - each additional hour at $336.00 per HAZMAT team.
FIRE INVESTIGATION
Fire Investigation Team -$321.00 per hour.
Includes:
 
• Scene Safety
• Investigation
• Source Identification
• K-9/Arson Dog Unit
• Identification Equipment
• Mobile Detection Unit
• Fire Report
 
The claim begins when the Fire Investigator responds to the incident and is billed for logged time only.
FIRES
Assignment -$466.00 per hour, per engine / $582.00 per hour, per ladder truck
Includes:
 
• Scene Safety
• Investigation 
• Fire / Hazard Control
This will be the most common “billing level”.  This occurs almost every time the fire department responds to an incident. 
OPTIONAL:  The fire department has the option to bill each fire as an independent event with custom mitigation rates. 
Itemized, per person, at various pay levels and for itemized products use.
ILLEGAL FIRES
Assignment -$466.00 per hour, per engine / $582.00 per hour, per ladder truck
When a fire is started by any person or persons that requires the fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire.  Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response.
WATER INCIDENTS
Level 1    
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control).  This will be the most common “billing level”. This occurs almost every time the fire department responds to a water incident. 
Billed at $466.00 plus $58.00 per hour, per rescue person.
Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal.  The City and/or its agent will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident. 
Billed at $932.00 plus $58.00 per hour, per rescue person.
Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene.
 
Billed at $2,304.00 plus $58.00 per hour per rescue person, plus $117.00 per hour per HAZMAT team member.
Level 4
Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used.
Minimum billed $466.00 for the first response vehicle plus $58.00 per rescue person. Additional rates of $466.00 per hour per response vehicle and $58.00 per hour per rescue person.
CHIEF RESPONSE
This includes the set-up of Command, and providing direction of the incident. This could include operations, safety, and administration of the incident.
Billed at $291.00 per hour.
MISCELLANEOUS / ADDITIONAL TIME ON-SCENE
ADDITIONAL TIME ON-SCENE (for all levels of service)
Engine billed at $466.00 per hour.
Ladder truck billed at $582.00 per hour.
Miscellaneous equipment billed at $350.00.
MITIGATION RATE NOTES
The mitigation rates above are average “billing levels” for one hour of service, and are typical for the incident responses listed, however, when a claim is submitted, it may be itemized and based on the actual services provided.
These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department’s “actual personnel expense” and not just a firefighter's basic wage).  The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc.