HomeMy WebLinkAbout01 - CC-5 - Fire F.R.I.E.N.D.S - 2/15/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: February 15, 2011 ITEM NUMBER:
SUBJECT: FIRE F.R.I.E.N.D.S. (FIRESETTER REGIONAL INTERVENTION,
EDUCATION, NETWORK AND DELIVERY SYSTEM)
DATE: FEBRUARY 2, 2011
FROM: Kirk Dominic, Interim Fire Chief
PRESENTATION Kirk Dominic, Interim Fire Chief
BY:
FOR FURTHER INFORMATION CONTACT: Kevin Diamond, Battalion Chief
(714) 754-5204
RECOMMENDATION:
Authorize Chief Dominic to sign the Fire F.R.I.E.N.D.S. agreement between Orange
County Fire Authority and the City of Costa Mesa Fire Department.
BACKGROUND:
The Fire F.R.I.E.N.D.S. program is a collaboration of community based partners joined
together in an effort to reduce the number of deaths, burn injuries, and amount of
property destruction caused by juvenile fire setting. This is an intervention program for
children and adolescents demonstrating curiosity and/or behaviors related to fire setting
or use of explosives.
By participating in Fire F.R.I.E.N.D.S. program, the City of Costa Mesa agrees to share
data with Orange County Fire Authority. The parameters are stated in the attached
agreement.
ALTERNATIVES CONSIDERED:
Not applicable.
FISCAL REVIEW:
All services provided by Fire F.R.I.E.N.D.S. are free of charge.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
1
CONCLUSION:
Staff recommends that Council approve Fire Chief to sign agreement.
KIRK DOMINIC
Interim Fire Chief
DISTRIBUTION: City Manager
Assistant City Manager
City Clerk
Staff
ATTACHMENTS: 1 Fire F.R.I.E.N.D.S. Agreement
File Name:020211_Fire—Fri ends_Ag reement_Staff_Report Date: 02/02/2011 Time: 9:48 a.m.
F
AGREEMENT REGARDING SHARING, TREATMENT, AND
NONDISCLOSURE OF CONFIDENTIAL INFORMATION PURSUANT
TO FIRE F.R.I.E.N.D.S. PROGRAM
THIS AGREEMENT REGARDING SHARING, TREATMENT, AND
NONDISCLOSURE OF, CONFIDENTIAL INFORMATION PURSUANT TO FIRE
F.R.I.E.N.D.S. PROGRAM ("Agreement") is made and entered into this , 20_ (the
"Effective Date"), by and between the Orange County Fire Authority, a California Joint Powers
Authority (hereinafter referred to as "OCFA") and Costa Mesa City Fire Department, a
Municipal Fire Department (hereinafter referred to as "Agency"). OCFA and Agency may be
individually referred to herein as "Party," or collectively referred to herein as "Parties."
RECITALS
WHEREAS, OCFA administers a comprehensive juvenile fire -setter intervention
program called Fire F.R.I.E.N.D.S. (Firesetter Regional Intervention Education Network and
Delivery System) (the "Program"), for the purpose of providing a coordinated community
response to educate and as an alternative to the juvenile justice system to intervene with juvenile
fire -setters in order to interrupt their fire -setting behavior, evaluate and determine the underlying
causes and severity of their behavior, and refer those with the more severe and complex
behavioral problems to appropriate education and possible mental health evaluation, all with the
ultimate goal of reducing future fires; and
WHEREAS, the Program is a successor to and continuation of the Alisa Ann Ruch Burn
Foundation Fire F.R.I.E.N.D.S. Program previously hosted and administered by the Alisa Ann
Ruch Burn Foundation ("AARBF") and in which Agency participated; and
WHEREAS, OCFA desires to make the Program available to Agency and juveniles
within Agency's jurisdiction, and Agency desires to participate in, and enroll juveniles in, the
Program; and
WHEREAS, participation in the Program requires the sharing by and between Agency
and OCFA of confidential information concerning juveniles enrolled in the Program by Agency;
and
WHEREAS, Agency and OCFA desire to form a Multidisciplinary Team pursuant to
Welfare and Institutions Code Section 830.1 for purposes of sharing such confidential juvenile
information regarding juveniles enrolled in the Program by Agency from and after the Effective
Date of this Agreement; and
739236.2
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Participation in Fire F.R.I.E.N.D.S. OCFA agrees to make the Fire F.R.I.E.N.D.S
Program available to Agency and juveniles under Agency's jurisdiction and to provide Agency
access to the Program resources, subject to reasonable terms and conditions.
2. Formation of Multidisciplinary Team. In furtherance of the Program, Agency and
OCFA agree to form a Multidisciplinary Team pursuant to Welfare and Institutions Code Section
830.1 for the purpose of disclosing and exchanging non -privileged information and writings, to
and with one another relating to any incidents of juvenile crime that may also be a part of
juvenile court records or otherwise designated as confidential under state law that is generally
relevant to the prevention, identification, or control of juvenile crime. The Parties acknowledge
and agree that it is their intent in forming the Multidisciplinary Team to permit the sharing of
confidential information by and between Agency and OCFA in order to facilitate the purposes of
the Fire F.R.I.E.N.D.S. Program, including intervening with juvenile fire -setters in order to
interrupt their fire -setting behavior, evaluating and determining the underlying causes and
severity of their behavior, and referring those with the more severe and complex behavioral
problems to appropriate mental health care, all with the ultimate goal of reducing future fires.
The Parties further acknowledge and agree that it is not their intent to provide for the tracking
and sharing of confidential information with entities or agencies not parties to this Agreement for
law enforcement purposes.
3. Retention of Mental Health Professional. OCFA agrees to retain and, throughout
the term of this Agreement, to maintain the retention of, a duly licensed psychiatrist,
psychologist, and/or psychotherapist (collectively, "mental health professional") to receive and
maintain professional possession of all confidential medical information and records and to
implement the mental health component of the Program when required by law. For the purposes
of this Agreement, all mental health professionals retained by OCFA shall be the agents of
OCFA, and OCFA shall cause all such mental health professionals to be bound to comply with
the terms of this Agreement. Mental health professionals retained by OCFA shall be considered
members of the Multidisciplinary Team formed pursuant to Paragraph 2 of this Agreement.
4. Confidential Information.
(a) Each Parry agrees to maintain the confidentiality of any and all records
pertaining to or containing confidential information about any person pursuant to all applicable
provisions of law and implementing regulations promulgated thereunder relating to privacy and
confidentiality, as they exist now, or as they may be amended hereafter. Confidential
information includes the name, birth date, place of birth, social security number, physical and
behavioral health, childcare, school, financial, and social service information about a person.
(b) No confidential information about a person shall be shared between
members of the staffs of Agency and OCFA without the written consent of the person and/or the
person's legal representative(s). Agency agrees to assume full responsibility for obtaining fully
739236.2
executed consent forms from each juvenile and his/her legal representative(s) authorizing the
release, use, and disclosure of confidential information and/or records to and by OCFA before
enrolling the juvenile in the Program.
(c) Except as otherwise provided for in this Agreement, OCFA agrees that it
will not share confidential information concerning any juvenile enrolled in the Program by
Agency with any other person or agency, except as otherwise required by law, without the
express written consent of Agency and/or the juvenile and/or the juvenile's legal
representative(s).
5. Term and Termination. Any Party may terminate its participation in the Program
at any time upon written notice thereof. Notwithstanding any such termination, those obligations
relating to the sharing, treatment, and/or nondisclosure of confidential information provided for
herein shall survive the termination of any Party's participation in the Program and shall
continue in effect indefinitely.
6. Relationship of Parties. It is understood that this Agreement is not intended to,
and shall not be construed to, create a relationship of agent, servant, employee, partnership, joint
venture or business association.
7. Compliance With State or Federal Requirements. Each Party to this Agreement
will continue to be individually responsible to assure compliance with all State and Federal
statutory or regulatory requirements as established, specific to programs or services
administered, managed or provided by each Party.
8. Liabilily. Except as otherwise expressly agreed between any of the Parties, each
Party to this Agreement shall be solely liable for the negligent or wrongful acts or omissions of
its officers, agents, employees or volunteers occurring in the performance hereof, and if a party
becomes liable for any loss or damage as a result of the acts or omissions of its officers, agents,
employees or volunteers, it shall pay such loss or damage without contribution of other Parties.
9. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties hereto with respect to the subject matter hereof.
10. Counterparts. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
739236.2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the date first above written which is the effective date.
ORANGE COUNTY FIRE AUTHORITY
By: By:
ert chter, Fire Chief
A TTL'cm,
APPROVED AS TO FORM.
91Y.i��Q -� 0 6'P;
By:
DAVID E. KENDIG
General Counsel
Date: iz�OZ�lO
739236.2
CITY OF COSTA MESA FIRE
DEPARTMENT
A�t* 4On�
Kirk Dominic, Interim Fire Chief
Costa Mesa Fire Department
(Print Name and Title)
APPROVED AS TO FORM.
By:i'w- lir /