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Home My WebLink AboutReso 1984-11607 RESOLUTION NO. 11607 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY 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 NATIONAL CITY 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. Presented by Approved as to form by i;J \L~) !),-LIiLt W. J. Winters, Director of Public Safety aiel- ~. (.~/'/h Thomas J. Harron, City /' Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF iULA VISTA, CALIFORNIA, this 24th day of April 84 , by the following vote, to_it: Scott, Cox, Moore rES: Councilmen ~YES; Councilmen 3STAIN: CoIJ'Icilmen 3SENT: Councilmen None None Malcolm, McCandliss /<.(J" City of Chura Vista City "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, ) HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11607 ,and that the same has not been amended or repealed. ITED (sear> City Clerk :-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY ESTABLISHING AUTOMATIC AID FIRE SERVICE THIS AGREEMENT, is made and entered on the 24th day of Apri 1 , 1984, by and between THE CITY OF CHULA VISTA, a municipal corporation, and THE CITY OF NATIONAL CITY, a munici- pal corporation, herein called "Parties"; R E C I TAL S A. The City of National City 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 related emergency responses within their respective juris- dictional limits. B. Investigation has disclosed it would be to the bene- fit of each party that the services of each of their Fire Protec- tion Organizations be, in some circumstances, extended outside of their respective jurisdictional limits of each party; and into the jurisdictional limits 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 obligations of the Parties as herein expressed, the City of Chula Vista and the City of National City agree as follows: 1. The Parties of this agreement agree to respond to fire related emergencies outside of their respective jurisdic- tional limitations, 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 shall 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 which occur geographically closer to the other party's fire suppression units. 3. The Chiefs of the parties' Fire Protection Organiza- tion are authorized to execute supplementary agreements regarding operational procedures and planning as are necessary to implement this agreement. An operational committee consisting of the Chiefs R-1l607 -1- 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 duties of Incident Commander shall be assumed by the senior ranking fire official from a participating 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 that officer seeks to assume Incident Command. 5. National City agrees to indemnify and save the City of Chula Vista and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, includ- ing injury to National City's employees and all claims Which arise from or are connecr:ed with National City's performance or failure to perform the obligations of this agreement, or are caused or claimed to be caused by the acts of National City's agents or employees; and all expenses of investigating and defending against same. The City of Chula Vista agrees to indemnify and save National City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, includ- ing injury to Chula Vista employees and all claims which arise from or are connected with Chula Vista's performance or failure to perform the obligations of this agreement, or are caused or claimed to be caused by the acts of Chula Vista, Chula 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 operation of law. 6. Each party to this agreement shall cover its employees' Workers' Compensation liability without cost to the other party, and each party shall pay salaries 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 repa~r of casualty damage, of its own equipment used pursuant to this agreement while its equipment is used outside of its political boundaries. However, during prolonged suppression activities, the requesting agency shall replenish fuel as needed and provide minor maintenance of fire suppression equipment. -2- rf-//6tJ7 party's chemical shall be 8. The requesting party shall provide the responding personnel with necessary food and refreshments. Any agents used for fire suppression by the responding party replenished by the requesting party. 9. 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 - National Fire Protection Association standards as stated in Pamphlet 1901. lO. The assurance of automatic aid to the Parties shall constitute the sole consideration 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 provided in this agreement. 11. Nothing in this agreement shall limit either party from participating in separate agreements with other fire jurisdic- tions 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 automatically terminatAd upon the effective date of such withdrawal from mutual 2 l2. In order standardize fire fighting procedures among the signatories 01 this agreement and to ensure efficient fire suppression operations at any incident where automatic aid is being rendered, the Parties to this agreement agree to establish a system of cross-training for their fire fighting personnel. 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 l, with such termination to become effective the following July l. IN WITNESS WHEREOF, City of Chula Vista, acting pursuant to Resolution No. by the City of National City pursuant to authorization of the this agreement is executed by The by and through its City Manager. authorizing such execution, and by and through its City Manager National City City Council. CITY OF CHULA VISTA CITY OF NATIONAL CITY ~Jp,J/~ City ager , -3- r€-/M~~ Approved as to form by ?':t!' Approved as to form by .~. r~(~\ C\ ,~~cV J ! l iJI/_ , -' ~ty Atto ney , /. "-_.~, -4- /?-I/t/t7fL