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HomeMy WebLinkAboutCC RESO 92-133RESOLUTION NO. 92-133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRE MUTUAL AID AGREEMENT WHEREAS, it is necessary that the Fire Protection Resources and Facilities of San Diego County, Cities, Fire Protection Districts, Fire Departments, and other Political Subdivisions within San Diego County be coordinated and be made available to prevent and combat the effect of fire or other emergency which may result from a disaster within the limits of the County of any type 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 the governmental entities mentioned above should voluntarily aid and assist one another by the interchange of Fire Protection and Rescue Services and facilities to cope with the problems which may arise in the event of disaster; and WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the interchange of such Mutual Aid on a local and County -wide basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Fire Mutual Aid Agreement with San Diego County, and with other cities, fire protection districts, fire departments, and other political subdivisions within the County. Continued on Page Two Resolution No. 92-133 Page 2 of 2 PASSED and ADOPTED this 14th day of July, 1992. George H. "Waters, Mayor ATTEST: frk AnA,A_Q.D.R_erpicA.2 Lo i Anne Peoples City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SAN DIEGO COUNTY FIRE MUTUAL AID AGREEMENT THIS AGREEMENT made and entered into by and between the County of San Diego, the undersigned Cities, Fire Protection Districts, Public or Private Fire Departments and Political Subdivisions within the San Diego County; WITNESSETH WHEREAS, it is necessary that the Fire Protection Resources and Facilities of the County of San Diego, Cities, Fire Protection Districts, Fire Departments, and other Political Subdivisions within San Diego County entering into this Agreement be coordinated and be made available to prevent and combat the effect of fire or other emergency which may result from a disaster within the limits of the County of any type 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 and Rescue Services and facilities to cope with the problems which may arise in the event of disaster; and WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the interchange of such Mutual Aid on a local and County -wide basis; NOW, THEREFORE, IT I8 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, Division 1 of the Government Code (commencing with Section 1500). It is an exercise of Mutual Aid powers authorized by Section 9616 thereof, and is intended to supplement, not to replace, other Mutual Aid or Automatic Aid Agreements 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 of local peril, local emergency or local, -disaster as those terms are defined in Section 1505 of the California Emergency Services Act. 3. AID TO BE FURNISHED: Each party agrees to furnish Fire Protection Personnel, Resources and Facilities and to render such Fire Protection 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 lesser nature than a disaster requiring a Declaration of a State of Extreme Emergency within the limits of San Diego County, in accordance with an Operational Plan to be adopted pursuant to this Agreement, (hereinafter referred to as the San Diego County Fire Mutual Aid Operational Plan - Annex B), detailing the manner by which such Personnel, Resources and Facilities are to be made available and furnished; provided however, that no party shall be required to deplete unreasonably its own Fire Protection Resources, Personnel, Services and Facilities in furnishing such Mutual Aid; and provided that 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, Services and Facilities shall be final and conclusive. 4. CONSIDERATION: The consideration for this Agreement shall be the promise of each party to assist the others and it is understood that no party shall be obligated to pay or reimburse any other party for any aid furnished pursuant hereto, except that reimbursement shall be made by the party receiving such aid pursuant to the Fire Mutual Aid Operational Plan for fire fighting supplies actually used by the Agencies furnishing assistance hereunder. 5. CALIFORNIA DISASTER 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 the provisions of the "California Disaster Act" and other applicable provisions of the law. Any Fire Official who requests and is furnished Mutual Aid pursuant to this Agreement and Operational Plan adopted pursuant thereto shall immediately notify the Area Fire Coordinator for San Diego County, Region VI, as established by the California Disaster Plan, of the movements of such personnel and equipment as they are provided. 6. PARTIES ELIGIBLE TO PARTICIPATE: A. Parties eligible to participate in the San Diego County Fire Mutual Aid Agreement shall be any organized Fire Department within San Diego County. For purposes of this COUNTY AID PLAN, the term "Fire Department" includes Fire Department, Fire Protection District, Fire Protection Agency, Fire Company, Fire Brigade, and any Agency lawfully organized to provide Fire Protection Services. B. Elimination of a Party: A party may be eliminated from this Mutual Aid Agreement by a majority vote of the Fire Advisory Committee upon Notice to the party effected and hearing thereon, based upon the following considerations: 1. Whether the level of the party's actual response to a request for Mutual Aid (number of requests compared to number of declined requests, number and quality of personnel arriving at scene, type and quality of equipment arriving at scene) demonstrates that the Mutual Aid of such party is not effective. 2. Whether the resources of the party clearly indicate that the party's potential level of response would not be effective. 7. EXECUTION: This Agreement shall become effective as to each party when executed by that party, and shall remain operative and effective as between each and every party that has executed (or hereinafter executes) this Agreement, until terminated as to such party. The termination by one or more parties of their participation in this Agreement shall not affect the Operation of this Agreement as between the other parties to this Agreement. Approval of this Agreement by the State Disaster Council shall not be a condition of this Agreement. Execution of this Agreement shall be as follows: A. The Governing Body of the party shall by Resolution approve this Agreement, which shall be designated as "The San Diego County Fire Mutual Aid Agreement," and shall authorize a designated representative to execute a copy of this Agreement. B. The authorized representative of the governing body shall execute a copy of this Agreement and forthwith file three executed copies, together with a certified copy of the resolution of the governing body approving and authorizing the execution thereof with the Secretary of the Fire Advisory Committee, and the State Disaster Council. 8. TERMINATION: Termination of the Agreement may be effected as to 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 Fire Advisory Committee Secretary and with the State Disaster Council. This Agreement shall be terminated as to such party twenty days after filing of such resolution. 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 as hereinafter provided, and the Area Fire Coordinator, who shall serve as Chairperson. B. Representatives: Each party to this Agreement 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 that appointed them. Such representative shall cease to be a member at such time as this Agreement is terminated as to the party that appointed them. C. Duties: It shall be the duty of the Fire Advisory Committee to: 1. Adopt an Operational Plan pursuant to this Agreement. 2. Consider and adopt such amendments to the Operational Plan as may be necessary or desirable. D. Ralph M. Brown Act: All meetings of the Fire Advisory Committee shall be called, noticed and conducted 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 provided, however, 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 designated by this Agreement, and they shall fix the date, hour and place for holding each meeting. F. Quorum: Fifty percent plus one member of the members of the Fire Advisory Committee present at any regular or special meeting shall constitute a quorum for the transaction of business. G. Rules and Regulations: The Fire Advisory Committee may adopt from time to time such rules and regulations for the conduct of its meetings and affairs as may be required. 10. AREA FIRE COORDINATOR: The Area Fire Coordinator of San Diego County, Region VI, as established under the California Disaster Plan, or his or her duly designated alternate,shall be the Coordinator of this Agreement. It shall be the duty of the Area Fire Coordinator to: A. Prepare a proposed Operational Plan for submission to the Fire Advisory Committee. B. Prepare such proposed amendments to the Operational Plan for submission to the Fire Advisory Committee as may from time to time appear necessary or desirable. C. Call special meetings of the Fire Advisory Committee as necessary to provide for the adoption of an Operational Plan or to provide for consideration of amendments thereto. D. Chair the San Diego County Fire Chiefs Operations Committee. 11. SECRETARY: The Area Fire Coordinator shall designate a Fire Advisory Committee Secretary from among the members of the Fire Advisory Committee. It shall be the duty of the Secretary to: A. Submit a copy of this Agreement to the State Disaster Council for approval. The State Disaster Council shall be requested to notify each entity which is eligible to participate in this Agreement of its approval. B. Submit an approved copy of the Agreement to the Director of the San Diego County Office of Disaster Preparedness. C. Act as a depository of resolutions approving this Agreement, executed copies of this Agreement, Resolutions of Termination, the Operational Plan, and such other documents as may be received pursuant to this Agreement. 12. EFFECTIVE DATE OF AGREEMENT: This agreement shall take effect upon its execution by fifty -percent plus one of the eligible parties defined herein. IN WITNESS WHEREOF, this Agreement is executed by the City of National City , acting by and through its City Council , pursuant to Resolution No. 92-133 , authorizing such execution. Dated this 14th day of July , 1992 THE CITY OF NATIONAL CITY BY 4 .r TITLE %ad— APPR9VED AS TO F! M vJ George H. Eiser, III City Attorney Rev. June 1, 1992