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HomeMy WebLinkAboutReso 1984-11606 RESOLUTION NO. 11606 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR AUTOMATIC AID FIRE SERVICE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF SAN DIEGO for Automatic Aid Fire Service, dated the 24th day of April 1984, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. pr,:se\ted by LJ \U ~l W. J. Winters, Director of 'Public Safety Approved as to form by a-. . ? ..-,:Ll.L Thomas J. Harron, Attorney IULA VISTA, CALIFORNIA, this 84 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 24th day of April , by the following vote, to_it: Scott, Malcolm, Cox, Moore 'ES: Councilmen IYES: Councilmen ~STAI N: CoI.ncilmen ISENT: Councilmen None None Malcolm, McCand1iss Mayor T~~ ?;;':?~ City Clerk "ATE OF CALIFORNIA ) )UNTY OF SAN DIEGO ) ss. ry OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11606 ,and that the same has not been amended or repealed. .TED City Clerk (seal) ;-660 AGREEMENT THIS AGREEMENT is made by THE CITY OF SAN DIEGO, a munic ipal corporat ion, and THE CITY OF CHULA VISTA, herein called "Parties." RECITALS A. The City of San Diego and the City of Chula Vista maintain as part of their municipal services, organized and equipped Fire Protection Organizations charged with the duty of fire rel ated emergency responses within their respective jurisdictional limits. B. Investigation has disclosed it would be to the benefit of each party that the serv ices of each of their Fire Protect ion Organi zat ions be, in some circumstances, extended outside of their respective jurisdictional limits of each party; and into the jurisdictional 1 imits of the other party. C. The parties desire that in some circumstances the Fire Protection Organization of the other party will respond to fire related emergencies within its jurisdictional limits. NOW, THEREFORE, in consideration of the recitals and the mutual obliga- tions of the parties as herein expressed, the City of San Diego and the City of Chul a Vista agree as follows: 1. The parties of this agreement agree to respond to fire related emer- gencies outside of their respective jurisdictional 1 imitat ions, and into the jurisdictional limitations of the other party in accordance with the following terms and conditions. 2. Political boundaries between the co-signers of this agreement shall be dropped. All plans which deal with fire related emergencies sl1all adhere as closely as possible to the nearest unit concept, without regard to political jurisdiction. The signing of this agreement represents each party's request of the other party for assistance in responding to fire related emergencies wh ich occur geographically closer to the other party's fire suppression units. 3. The Chiefs of the parties' Fire Protection Organization are autho- rized to execute supplementary agreements regarding operat ional procedures and planning as are necessary to implement this agreement. An operational committee consisting of the Chiefs or their designate(s) of the Fire Protection Organization of the Parties shall implement this agreement. Each party shall furnish the other in writing the name and rank of all participating officers. 4. The dut ies of Incident Commander shall be assumed by the senior rank- ing fire official from a partic ipat ing agency who is present at the scene of the incident, without regard to the jurisdiction in which the incident occurs. There shall be an orderly transfer of command when an officer of equal or higher rank from the jurisdiction in which the incident occurs arrives at the scene, if th at off icer seeks to assume Inc ident Command. 5. San Diego agrees to indemnify and save the City of Chul a Vista and its agents and employees harmless from any and all 1 iabil ity, claims, damages or injuries to any person, including injury to San Diego's employees and all cl aims wh ich arise from or are connected with San Di ego's performance or failure to perform the obligati.ons of this agreement, or are caused or claimed -2- to be caused by the acts of San Diego, San Diego's agents or employees; and all expenses of investigat ing and defending against same. The City of Chula Vista agrees to indemnify and save San Diego and its agents and employees harmless from any and all 1 iabil ity, claims, damages or injuries to any person, including injury to Chula Vista employees and all cl aims wh ich arise from or are connected with Chul a Vista's performance or failure to perform the obligations of this agreement, or are caused or claimed to be caused by the acts of Chul a Vista, Chul a Vista's agents or employees; and all expenses of investigating and defending against same. Nothing in this agreement is intended by the parties to diminish, waive, or otherwise affect the privileges and immunities conferred upon the parties by operat ion of law. 6. Each party to this agreement shall cover its anployees' Workers' Com- pensat ion 1 iabil ity without cost to the other party, and each party shall pay sal aries and fringe benefits for its own personnel without cost to the other department. 7. Each party shall be fully responsible for all repairs, maintenance and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage, of its own equipment used pursuant to this agreement while its equipment is used outside of its political boundaries. However, during pro- longed suppression activities, the requesting agency shall replenish fuel as needed and provide minor maintenance of fire suppression equipment. -3- 8. The request ing party shall prov ide the respond i ng party's personnel with necessary food and refreshments. Any chemic al agents used for fire sup- pression by the responding party shall be replenished by the requesting party. g. The parties to this agreement shall provide each responding apparatus with a crew of a minimum of three trained fire fighters including a full-time paid commanding officer, and a full complement of equipment according to the Nat ional Fire Protection Associat ion standards as stated in Pamphl et 1901. 10. The assurance of automat ic aid to the parties shall constitute the sole considerat ion for the performance of this agreement. It is understood and agreed that no money payments shall be made between the departments, that no charges shall be assessed by any party against any other party except as expressly prov ided in th is agreement. 11. Nothing in this agreement shall limit either party from participating in separate agreements with other fire jurisdictions and shall have no effect upon the existing San Diego County Mutual Aid Agreement. Should any party withdraw for any reason from the existing County Mutual Aid Agreement, this agreement is automat ically terminated upon the effect ive date of such with- drawal from mutual aid. 12. In order to standardize fire fighting procedures among the signa- tories of this agreement and to ensure efficient fire suppression operations at any incirient where automatic aid is being rendered, the parties to this agree- ment agree to establish a system of cross-training for their fire fighting personnel. -4- This agreement may be terminated by either party upon giving the other jurisdiction's Fire Chief and City Clerk written notice of intent to terminate January 1, with such termination to become effective the following July 1. IN WITNESS WHEREOF, this agreanent is executed by The City of San Diego, acting by and through its City Manager, pursuant to Resolution No. authorizing such execution, and by the City of Chula Vista by and through its City Manager pursuant to authorization of the Chula Vista City Council. Dated day of 1984. CITY OF SAN DIEGO By Ci ty Manager I HEREBY APPROVE the form legal it; of the foregoing thi s ~ day of /l'fbj /' ~t~''dl)~V?/.}J City Attorney and agreement , 1984. I HEREfl Y APPRO VE the form legal ity of the foregoing thi s day of and agreement , 1984. JOHN W. WITT, City At torney By By -5 -