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PUBLIC NOTICE: ORDINANCE NO: O-21-929 CITY OF FERRIS, TEXAS – 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

Publish one time in The Ellis County Press on Thursday, Feb. 11, 2021.

 

ORDINANCE NO: O-21-929

CITY OF FERRIS, TEXAS

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 FOR THE CITY OF FERRIS, TEXAS.

WHEREAS, the emergency and non-emergency services response activity to incidents continues to increase each year; Environmental Protection requirements involving equipment and training, and Homeland Security regulations involving equipment and training, creating additional demands on all operational aspects of the fire department services; and 

WHEREAS, the fire department has investigated different methods to maintain a high level of quality of emergency and non-emergency service capability throughout times of constantly increasing service demands, where maintaining an effective response by the fire department decreases the costs of incidents to insurance carriers, businesses, and individuals through timely and effective management of emergency situations, saving lives and reducing property and environmental damage; and 

WHEREAS, raising real property tax to meet the increase in service demands would not be fair when the responsible party(s) is/are not residents of the incorporated city limits of Ferris, Texas and should be held accountable for their actions; and

WHEREAS, the City Council of the City of Ferris, Texas desires to implement a fair and equitable procedure by which to collect said mitigation rates and shall establish a billing system in accordance with applicable laws, regulations and guidelines; 

NOW THEREFORE BE IT DULY ORDERED BY THE CITY COUNCIL OF THE CITY OF FERRIS, TEXAS:

SECTION 1: The City of Ferris, Texas 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 no circumstances, the responsible party(s) will be billed directly.

SECTION 3: The fire department’s City Council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this Section, as they 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 this 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 Council.

SECTION 5:  This Ordinance shall take effect thirty days (30) from the date of adoption as permitted by law.

SECTION 6:  The Recitals to this ordinance are incorporated herein by reference as if fully recited. 

SECTION 7: 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/resolution to keep the fire department’s cost recovery program in conformity with increasing operating expenses.

APPROVED: Fred C. Pontley, Mayor

ATTEST: Brooks Williams, Interim City Secretary

 

EXHIBIT A

MITIGATION RATES

The mitigation rates below are average “billing levels”, and are typical for the incident responses listed, however, when a claim is submitted, it will be itemized and based on the actual services provided.

 

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.  We 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.  We 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).  We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).

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 apparatus, per personnel, plus products and equipment used.

 

ADDITIONAL TIME ON-SCENE

Engine billed at $466 per hour.

Truck billed at $582 per hour.

Miscellaneous equipment billed at $341.

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 @ $336.00 per HAZMAT team.

 

ADDITIONAL TIME ON-SCENE (for all levels of service)

Engine billed at $466 per hour.

Truck billed at $582 per hour.

Miscellaneous equipment billed at $341.

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 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:  A 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 truck

When a fire is started by any person or persons that requires a 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 plus $58 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.  

We 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 plus $58 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 $2,334 plus $58 per hour per rescue person, plus $117 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 for the first response vehicle plus $58 per rescue person. Additional rates of $466 per hour per response vehicle and $58 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 $290 per hour. 

 

MISCELLANEOUS / ADDITIONAL 

TIME ON-SCENE

Engine billed at $466 per hour.

Truck billed at $582 per hour.

Miscellaneous equipment billed at $341.

 

GAS LEAKS (Natural)

LEVEL 1

(Natural Gas Leak Outside Without Fire)

Description: Minimal danger to life, property, and the environment, leak typically for mechanical damage to a meter or pipe.

Actions: Evacuate immediate area, notify gas company, evaluate hazards including exposures, environment, vehicular traffic etc. 

Conduct fence line monitoring to determine control zones. Remove ignition sources from the area, consider non-intervention strategy, if offensive tactics selected, ensure proper PPE, respiratory protection, thermal protection, and tactics are utilized.

Assignment -$466.00 per hour, per engine / $582.00 per hour, per truck

LEVEL 2

(Natural Gas Leak Outside with Fire)

Description: Moderate danger to life, property, and the environment, leak typically caused from mechanical damage with nearby operating equipment (car, backhoe, etc) causing a fire.

Actions: Evacuate immediate area, notify gas company, protect hazards from fire damage, do not extinguish the fire unless directed to do so by the gas company, consider water supply options.

Assignment- $748 per hour, per engine / $58 per hour, per rescue person.

LEVEL 3

(Natural Gas Leak inside Structure)

Description: Significant danger to life, property, and the environment, leak is typically difficult to identify and locate.

Actions: Evacuate building and nearby structures, notify gas company, position apparatus away from the structure, attempt to control gas where it enters the building, ventilate the building (using intrinsically safe methods), remove ignition sources from inside but shutting off power on the outside of the structure.

Assignment- $932 per hour, per engine / $58 per hour, per rescue person.

 

MITIGATION RATE NOTES

The mitigation rates above are average “billing levels”, and are typical for the incident responses listed, however, when a claim is submitted, it will 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. 

Ellis County Press

208 S Central St. 
Ferris, TX 75125
972-544-2369