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HomeMy WebLinkAboutReso 1981-10567 RESOLUTION NO. 10567 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SAN DIEGO COUNTY MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS AND AUTHORIZING THE MAYOR 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 San Diego County Mutual Aid Agreement for Fire Departments, dated the 21 st day of July 19 81 , 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 Chula Vista be, and he execute said agreement Vista. RESOLVED that the Mayor of the City of is hereby authorized and directed to for and on behalf of the City of Chula by Approved as to form by ..-0t~~A:7' '. w. Pu Director of George D. Lindberg, City Attorney ADOPTED AND APPROVED CHULA VISTA, CALIFORNIA, this 198 1 , by the following vote, by the CITY 21 st day of to-wit: COUNCIL of the CITY OF July AYES: Councilmen Scott, Hyde, Gillow, Cox, McCandliss NAYES: Councilmen None ABSENT: Councilmen None fA)~ "'-;-/M ATT",T ~y~~h/ ..yoc of <ho Cicy of Cho" u City lerk Vista STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of ReSOlution No. , and that the same has not been amended or repealed. DATED City Clerk SAN DIEGO COUNTY MUTUAL AID AGREEMENT FOR FIRE DEPARTMENTS THIS AGREEMENT, which shall be designated as "San Diego County Mutual Aid Agreement" made and entered into by and between the COUNTY OF SAN DIEGO, Cities, Fire Protection Districts, public or private Fire Departments, Federal and State Fire Agencies and all other political subdivisions within the County providing fire protection, herein referred to as the "PARTIES." WITNESSETH: WHEREAS, it is necessary that the fire protection resources and facilities of the parties within the San Diego County entering into this Agreement be coordinated and be made available to prevent and combat the effect of fire or other emergencies which may result from a disaster with- in the limits of the County, of any type, and of a lesser nature than a disaster requiring a declaration of a state of extreme emergency; and WHEREAS, it is desirable in the event such a disaster should occur that each of the parties hereto should voluntarily aid and assist one another by the interchange of fire protection, rescue services, facilities, resources, per- sonnel and services, to cope with the problems which would arise in the event of disaster; and WHEREAS, it is necessary and desirable that a cooperative agree- ment be executed for the interchange of such mutual aid on a local and County-wide basis; NOW, THEREFORE IT IS HEREBY AGREED by and between each and all of the parties hereto as follows: 1. AUTHORITY. This Agreement is made pursuant to the California Emergency Services Act, Chapter 7 of Divi- sion 1 of the Government Code (commencing with Section 8550). It is an exercise of the mutual aid powers authorized by Section 9616 thereof, and is intended to supplement, not replace, other mutual aid agree- ments which now exist between various entities in San Diego County. 2. SCOPE OF AGREEMENT. It is the intent of the parties to establish a system of mutual aid which will be effective during conditions determined by the Fire Chief as a local peril. All parties to this Agree- ment are encouraged to cooperate and coordinate 1 of 7 R"10567 2. SCOPE OF AGREEMENT. (con't) as closely as possible with all adjacent jurisdic- tions through automatic aid, mutual aid, State Agreements and Federal Treaties. 3. AID TO BE FURNISHED. a. Aqreement of Parties: Each party agrees to fur- nish fire protection personnel, resources, ser- vices, and facilities to render such fire protec- tion and rescue services to each and every other party to this Agreement as may be necessary to prevent and combat any type of disaster of a less- er nature than a disaster requiring a declaration of a state of extreme emergency within the limits of the County of San Diego. b. Declininq Requests: No party shall be required to deplete unreasonably its own fire protection resources, personnel, services and facilities in furnishing such mutual aid. c. Local Official's Determination: The determination of such party as to the extent to which it can furnish mutual aid without depleting unreasonably its own fire protection resources, personnel, ser- vices, and facilities shall be final and conclusive. d. Operational Plan Required: Pursuant to this Agree- ment, a plan will be adopted (hereinafter referred to as the Operational Plan), detailing the manner by which such fire protection, rescue services, facilities, resources, personnel and services are to be made available and furnished. 4. CONSIDERATION. a. Reimbursement: The consideration for this Agree- ment shall be the promise of each party to assist the others, and it is understood that no party shall be obligated to pay any other party for any aid furnished. 5. CALIFORNIA FIRE AND RESCUE PLAN. a. California Fire and Rescue Plan: It is expressly understood that any mutual aid extended under this Agreement and the Operational Plan to be adopted is furnished in accordance with provisions of the "California Emergency Services Act" and other applicable provisions of the Law. 1/-/05177 2 of 7 5. CALIFORNIA FIRE AND RESCUE PLAN. (con't) b. Fire Coordinator Notification: Any fire official who requests and is furnished mutual aid pursuant to this Agreement shall immediately notify the Area Fire Coordinator of San Diego County, Region VI, (as established by the California Fire and Rescue Plan) of the movements of such personnel and equipment. 6. PARTIES ELIGIBLE TO PARTICIPATE. a. Eligible Parties: Parties eligible to participate in the San Diego County Mutual Aid Agreement shall be any organized Fire Department within San Diego County. For the purposes of this Agreement, the term of Fire Department includes Fire Department, Fire Protection Agency, Fire Protection District, Fire Company, Fire Brigade and any Agency lawfully organized to provide fire protection services. 7. EXECUTION. a. Execution of Agreement: This Agreement shall become effective as to each party upon execution by that party, and shall remain operative and effective until terminated by that party. b. Approval of this Agreement by the State Emergency Council shall not be a condition of this Agreement. c. The governing body of the party shall by Resolu- tion approve this Agreement, and shall authorize a designated representative to execute a copy of the Agreement. For the purpose of this Agreement, the County Board of Supervisors shall act as the governing body for all County Volunteer Fire Companies. d. Upon duly authorized execution of this Agreement, each party shall file four executed copies, togeth- er with a certified copy of the Resolution of the governing body approving and authorizing its exe- cution wi.th the Secretary of the Fire Advisory Committee. The Secretary shall forward three copies to the State Emergenoy Council, one to the County Fire Coordinator and retain the certified copy on file. f) -/0567 3 of 7 7. EXECUTION. (can't) e. State or Federal Fire Agencies will execute this Agreement in accordance with State or Federal Laws and file four executed copies with the Secretary of the Fire Advisory Com- mittee. 8. TERMINATION. a. Termination of this Agreement may be effected by any party as follows: The governing body of the party, shall by Resolution give notice of termination of participation in this Agreement and file a certified copy of such resolution with the Secretary of the Fire Advisory Committee. The Secretary will forward three copies of the Resolution to the State Emergency Council and re- tain the certified copy on file. b. Effect of Termination: The termination by one or more parties of their participation in this Agree- ment shall not effect the operation of this Agree- ment between the other parties to this Agreement. 9. FIRE ADVISORY COMMITTEE. a. Creation of Committee: There is hereby created a Fire Advisory Committee. The Fire Advisory Committee shall be composed of members appointed by the parties to this Agreement, and the Area Fire Coordinator, who shall be the Chairman. b. Representatives: Each party agrees to designate a representative to act as its member of the Fire Advisory Committee. Each representative shall serve as such at the will and pleasure of the governing body of the party. Such representative shall cease to be a member upon termination of this Agreement by the party. c. Duties: It shall be the duty of the Fire Advis- ory Committee to: 1. Ad~pt an Operational Plan pursuant to this Agreement. 2. Consider and adopt such amendments to the Operational Plan as may be necessary or de- sirable. /) /)-/0561 4 of 7 9. c. Duties: (con't) 3. Consider and adopt amendments to the San Diego County Mutual Aid Agreements as may be necessary from time to time. d. Ralph M. Brown Act: All meetings of the Fire Advisory Committee shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950) of the Government Code. e. Meetings: The Fire Advisory Committee shall provide for its regular meetings; it shall hold at least one regular meeting each year. In addition, special meetings may be called at the discretion of the Area Fire Coordinator desig- nated in this Agreement. The Area Fire Coordi- nator shall fix the date, hour and place for holding each such meeting. The Area Fire Coor- dinator shall, after fixing the date, hour and place for holding such meetings, notify all members of the Fire Advisory Committee. f. Quorum: Seven (7) members of the Fire Advisory Committee present at any regular or special meeting shall constitute a quorum only for the transaction of business. g. Votinq: Any amendments to the San Diego County Mutual Aid Agreement shall be approved only with the consent of the majority of the Fire Advisory Committee voting by ballot. The amendments shall then be ratified by the Governing Body of each participating party. h. Operational Plan: Any amendments to the Operational Plan shall be approved only with the consent of the majority of the Fire Advisory Committee voting by ballot. The amendments shall then be ratified by the Governing Body of each participating party. i. Rules and Requlations: The Fire Advisory Committee may adopt Rules and Regulations for the conduct of its meetings and affairs as may be required. 10. AREA FIRE COORDINATOR. a. Duties: The Fire Coordinator of San Diego County, Region VI, as established under the California Fire and Rescue Plan or his duly designated alter- nate shall be the Coordinator of this Agreement. I? -/0567 5 of 7 .' 10. (con't) b. The Area Fire Coordinator shall: 1. Prepare a proposed Operational Plan for submission to the Fire Advisory Committee. 2. Prepare proposed amendments to the Operational Plan for submission to the Fire Advisory Com- mittee as may appear necessay or desirable. 3. Call special meetings of the Fire Advisory Committee to provide for adoption of an Operational Plan or to provide for consider- ation of amendments thereto. 4. Call special meetings of the Fire Advisory Committee to consider amendments to the San Diego Mutual Aid Agreement. c. Request for Meetings: Any seven members of the Fire Advisory Committee may request a meeting of the Fire Advisory Committee. The reason for for the meeting shall be submitted, in writing, to the Area Fire Coordinator. The Area Fire Coordinator shall call the meeting within thirty (30) days of the written request. 11. FIRE ADVISORY COMMITTEE SECRETARY a. Appointment: The Area Fire Coordinator shall designate a Fire Advisory Committee Secretary or with the approval of the Fire Advisory Committee, assume the responsibility of Secretary. b. Duties: It shall be the duty of the Secretary to: 1. Submit a copy of this Agreement to the State Emergency Council for approval. The State Emergency Council shall be requested to notify each entity which is eligible to participate in this Agreement of its approval. 2. Submit an approved copy of this Agreement to the County Fire Coordinator, County of San Diego. 3. Act as despositary of Resolutions approving this Agreement, executed copies of this Agree- ment, Resolutions of termination, the Opera- tional Plan and such other documents as may Ii -/ o,t, 7 6 of 7 .. , 11. b. (con't) 3. be received pursuant to this Agreement. 12. EFFECTIVE DATE OF AGREEMENT. This Agreement shall take effect upon its execution by any seven of the eligible parties. 1. Upon approval, adoption and execution by the Governing Bodies, this Agreement shall super- cede and thereby recind the previous San Diego County Mutual Aid Agreement. IN WITNESS WHEREOF, this Agreement to be fore duly authorized THE CITY OF CHULA VISTA has signed by their respective officials by the Governing Bodies thereof. caused hereto- BY: UvLQ0~{~ ~~ Che cicv 0' 01, ATTEST . /f4a,~ ~d;t;-c e ut Cl ty lerk DATE: July 21. 1981 Approved as to form by r~7~~~~ City Attorney f{-ID5'67 7 of 7