Loading...
HomeMy WebLinkAboutZone 4 Joint Emergency Responses for Fire and Rescue ResponsesMEMORANDUM OF UNDERSTANDING FOR ZONE 4 JOINT EMERGENCY RESPONSES F'OR FIRE AND RESCUE RESOURCES WHEREAS, certain cities, districts and tribal governments located in San Diego County maintain, as part of their staffing, an organized and equipped fire protection service charged with the duty of fire protection, emergency medical and rescue services within the limits of said jurisdictions, referred to below as the "Parties"; and WHEREAS, it is the desire of the Parties to extend the fire suppression, emergency medical, and rescue services of each of their services be, in some circumstances, outside of the limits of their home jurisdictions, and into the jurisdictions of the other Parties; and WHEREAS, the Parties desire that in some circumstances one or more of the other Parties will respond to lire suppression, emergency medical, and rescue incidents occurring within the limits of their home jurisdictions. NOW, THEREFORE BE IT RESOLVED: The Parties, as set forth individually in Exhibit "A", have agreed to respond to emergency alarms outside of their home jurisdictions with resources, and within the jurisdictional area of the other Parties in accordance with the teens and conditions hereinafter set forth. 2. Any party may, upon determining mutual benefit, agree to provide resources without regard to political and/or jurisdictional boundaries, and adhere to the procedures established in the Operational Plan for determining response patterns that are the subject of this Memorandum of Understanding. All alarms which deal with emergency responses shall adhere as closely as possible to the nearest unit concept, regardless of political jurisdiction. 3. The details as to the method of operation, procedures, type of units and responses, and other planning as may be necessary to effectuate this Memorandum of Understanding shall be covered by the Operational Plan agreed upon and adopted by the Fire Chiefs of the respective parties. Page 1 of 6 4. There shall be an Operational Committee, consisting of a chief officer or his/hcr designee from each party, with the purpose of implementing the provisions of this Memorandum of Understanding relating to operational procedure. Each party shall furnish in writing to the others the name and rank of all participating officers. 5. The duties of Incident Commander shall be assumed by the Fire Officer from a participating party who arrives first at the scene of the incident, regardless of the jurisdiction in which the incident occurs. There shall be an orderly transfer of command when an Officer from the jurisdiction in which the incident occurs arrives at the scene, if said Officer agrees to assume Incident Command. 6. All non -tribal parties hereto agree to indemnify the other parties for any liability imposed upon the other parties pursuant to Government Code §895.2, for injury caused by a negligent or wrongful act or omission of the indemnifying party's officers, agents, or employees which occur during the performance of this Memorandum of Understanding. This indemnification provision is included herein pursuant to Government Code §895.4, and is intended to eliminate the prorate right of contribution described in Government Code §895.2 between the parties so that each party bears the liability and cost of its own negligence. Tribal parties to this Memorandum of Understanding agree to indemnify the other parties for any liability imposed upon the other parties in the manner and for the purposes described in Government Code Sections 895.2 and 895.4. Notwithstanding such agreement, tribal parties observance of the provisions of the Government Code described herein is not a waiver of the tribal parties' sovereign immunity, nor does it imply that the tribal party is subject to the jurisdiction of the federal court, or the courts of any state or political subdivision thereof. Each party to this Memorandum of Understanding waives all claims against other parties to this Memorandum of Understanding for compensation for any equipment loss or damage, or physical injury or death which may result during the performance of this Memorandum of Understanding. 200N Page 2 of 6 MOU for 7one 4 Joint Hmergency Responses for Fire & Rescue Resources 7 Each party to this Memorandum of Understanding shall maintain proper Worker's Compensation Insurance, or the equivalent of Workers' Compensation, covering its own employees without cost to the other parties, and each party shall be responsible for all salaries and benefits for its own personnel without cost to the other parties. 8. Each of the parties shall be fully responsible for all repairs, maintenance and upkeep of its own equipment and vehicles which arc used pursuant to this Memorandum of Understanding while said equipment and vehicles are used outside of its home jurisdiction, including gas, oil, lubrication, parts replacement and repair of casualty damage. However, during prolonged suppression activities, the recipient jurisdiction shall replenish chemical agents and fuel as needed; provide minor maintenance of fire suppression equipment; and provide for meals, hydration and the well being of personnel involved in the suppression activity. 9. The assurance of automatic aid as set forth in this Memorandum of Understanding shall constitute the sole consideration for the performance of this Memorandum of Understanding. It is, therefore, understood and agreed that no money payments shall be made between the parties for services provided under the terms of this Memorandum of Understanding, that no charges shall be assessed by any party against any other party for services provided under the terms of this Memorandum of Understanding, and that each party shall be fully responsible for all of' its costs in connection with the performance of this Memorandum of Understanding except as provided for in Section 8. This provision shall not be construed to prevent any party, or its representative, from killing patients for ambulance transport and other emergency medical services, provided that billing rates shall be consistent with the adopted fee schedule of the agency providing the services. 10. Nothing in this Memorandum of Understanding shall prevent any party from participating in separate agreements with other fire jurisdictions and shall have no effect upon the existing San Diego County Mutual Aid Agreement. 2008 Page 3 of 6 MOU for Zone 4 Joint Emergency Responses for Fire & Rescue Resources I1. Each party to the Memorandum of Understanding shall warrant that it has sufficient equipment and personnel to handle normal involvements for which it shall be responsible under this Memorandum of Understanding (fire suppression, emergency medical, and rescue incidents). It is net the intent of this Memorandum of' Understanding for any agency to subsidize another agency with equipment needed to protect their jurisdiction. The parties to this Memorandum of Understanding shall provide each responding apparatus with a minimum of three, full-time, paid professional firefighters. The parties shall provide a compliment of equipment according to the National Fire Protection Association standards for Pamphlet 1901. 12. This Memorandum of Understanding shall become effective upon the execution by each of the parties hereto and shall continue until terminated by mutual agreement of each of the individual parties, or until any party gives sixty (60) days written notice of intention to terminate to each of the other parties. No cause shall he required for any termination. Termination of this Memorandum of Understanding by any party shall not terminate the Memorandum of Understanding with respect to the remaining parties to the Memorandum of Understanding, each of which may determine its continued participation independently. 13. In order to standardize fire fighting procedures among the co-signers of this Memorandum of Understanding and thus ensure efficient fire suppression and/or rescue operation at the incident where automatic aid is being rendered, the parties to this Memorandum of Understanding shall establish a system of standardized training for their fire suppression personnel. 14. It is mutually understood and agreed that this Memorandum of Understanding does not relieve any of the parties hereto from the necessity and obligation of providing adequate fire protection and/or equipment within their own area, and each party hereto agrees that it shall use reasonable diligence in maintaining its fire fighting equipment in accordance with the minimum peacetime standards 2008 Page 4 of 6 mot for Zone 4 Joint Emergency Responses for Fire & Rescue Resources and requirements established by the Insurance Services Organization for jurisdictions of comparable size. 15. This Memorandum of Understanding shall become effective upon execution by these par -tics hereto and shall continue until terminated by the terminating party(s) providing thirty (30) days written notice to the non -terminating party(s). IN WITNESS WHEREOF, this Memorandum of Understanding has been executed by the pasties hereto by their duly authorized officers as indicated in Exhibit "A". 200s Page 5 of 6 MOU fur Zone 4 Joint Emergency Responses for Fire & Rescue Resources EXHIBIT "A" The signatures of duly authorized officers for the parties hereto participating in the Memorandum Of Understanding For Zone 4 Joint Emergency Responses For Fire And Rescue Resources. JURISDICTION City of National City Approved: By: Name: Ron Morrison Signature Print "Title: Mayor 2OO Page 6 of 6 MOU for Zone 4 Joint Emergency Responses for Fire & Rescue Resources • RESOLUTION NO. 2008 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING FOR ZONE 4 JOINT EMERGENCY RESPONSES FOR FIRE AND RESCUE RESOURCES WHEREAS, certain cities, districts and tribal governments located in San Diego County maintain, as part of their staffing, an organized and equipped fire protection service charged with the duty of fire protection, emergency medical and rescue services within the limits of said jurisdictions, hereinafter referred to as "the Parties"; and WHEREAS, it is the desire of the Parties to extend each of their fire suppression, emergency medical, and rescue services to be, in some circumstances, outside of the limits of their home jurisdictions and into the jurisdictions of the other Parties; and WHEREAS, the Parties desire that in some circumstances one or more of the other Parties will respond to fire suppression, emergency medical, and rescue incidents occurring within the limits of their home jurisdictions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding for Zone 4 Joint Emergency Responses for Fire and Rescue Resources. PASSED and ADOPTED this 1st day of April, 2008. on Morrison, Mayor ATTEST: Mi hael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 1, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City City ty fNational City, California Jerk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-53 of the City of National City, Califomia, passed and adopted by the Council of said City on April 1, 2008. City Clerk of the City of National City, California By: Deputy C.fa0o-\3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 1, 2008 AGENDA ITEM NO. 7 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING FOR ZONE 4 JOINT EMERGENCY RESPONSES FOR FIRE AND RESCUE RESOURCES PREPARED BY Walter Amedee DEPARTMENT (Ext. 4556) EXPLANATION The attached Memorandum of Understanding (MOU) among Zone 4 cities, districts and tribal governments located in San Diego County was developed to provide mutual support for fire protection, emergency medical, and rescue services. Each agency has agreed to respond to emergency alarms outside of their home jurisdictions with resources without regard to political and/or jurisdictional boundaries. All alarms which deal with emergency responses shall adhere as closely as possible to the nearest unit concept, regardless of political jurisdiction. The details as to the method of operation, procedures, type of units and responses, and other planning as may be necessary to effectuate this Memorandum of Understanding shall be covered by the Operational Plan agreed upon and adopted by the Fire Chiefs of the respective parties. Each party may cancel the MOU by mutual agreement of each of the individual parties, or until any party gives sixty (60) days written notice of intention to terminate to each of the other parties. Environmental Review J NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to sign the Memorandum of Understanding for Zone 4 Joint Emergency Responses for Fire and Rescue Resources. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. a 0 `I ' S 3 Memorandum of Understanding for Zone 4 Joint Emergency Responses for Fire and Rescue Resources Exhibit "A" Resolution A-200 (9/99) City of National City Office of the City Clerk 1243 National City Blvd. National City, CA 91950-4397 619-336-4228 619-336-4229 fax ZONE 4 JOINT EMERGENCY RESPONSES FIRE AND RESCUE RESOURCES Memorandum of Understanding was forwarded to Walter Amedee (Fire) to process.