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HomeMy WebLinkAbout2010 CON City of Coronado - Automatic AidAUTOMATIC AID AGREEMENT BETWEEN THE CITY OF CORONADO AND THE CITY OF NATIONAL CITY This Automatic Aid Agreement is made by and between the CITY OF CORONADO, a municipal corporation and the CITY OF NATIONAL CITY, a municipal corporation, herein referred to as the "Parties" is entered into this 23rd day of November, 2010. RECITALS A. The Parties, as part of their municipal services, maintain organized and equipped Fire Departments, which conduct emergency response operations within their respective jurisdictional limits. B. The Parties would benefit by extending their respective Fire Departments' services outside of their jurisdictional limits and into the jurisdictional limits of the other Party. C. Each Party desires to respond to fire, medical, and rescue incidents in the other Party's jurisdiction in accordance with this Automatic Aid Agreement ("Agreement"). NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the Parties as herein expressed, the CITY OF CORONADO and the CITY OF NATIONAL CITY agree as follows: 1. Each Party agrees to respond to emergencies outside of its respective jurisdictional limits and into the jurisdictional limits of the other Party in accordance with the following terms and conditions. 2. Routine responses by the Parties shall be governed by the nearest available unit concept, meaning the closest available unit of either Party shall respond without regard to municipal jurisdiction of the emergency. The signing of this Agreement represents each Party's request to the other party for assistance in responding to emergencies which occur geographically closer to the other Party's emergency' units. 3. The Parties' may execute supplementary agreements regarding operational procedures and planning as are necessary to implement this Agreement. 4. Either Party may elect not to respond to a request for assistance if this response will affect the jurisdiction's ability to provide adequate fire protection to their service area. 5. The Senior Officer of the Fire Department of the Party requesting service shall assume the full charge of a cross -boundary operation (i.e., Incident Commander). If this Officer is a Fire Captain, they will coordinate the transition of Incident Command to the highest ranking Chief Officer regardless of jurisdictional boundaries. 6. a. Third -Party Claims: The CITY OF CORONADO agrees to indemnify and hold harmless the CITY OF NATIONAL CITY, its elected and appointed officers, officials, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to employees of the CITY OF CORONADO, and all claims which arise from or are connected with the CITY OF CORONADO's performance or failure to perform the obligations of this Agreement, or caused or claimed to be caused by the acts of the CITY OF CORONADO, CORONADO's agents or employees; and all expenses of investigating and defending against same. The CITY OF NATIONAL CITY agrees to indemnify and hold harmless the CITY OF CORONADO and its agents and employees from any and all liability, claims, and damages or injuries to any person, including injury to the CITY OF NATIONAL CITY's employees and all claims which arise from or are connected with the CITY OF 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 the CITY OF NATIONAL CITY, the CITY OF NATIONAL CITY's agents or employees; and all expenses of investigating and defending against same. b. The Parties agree to indemnify the other party for any liability imposed upon the other Party under Government Code Section 895.2, based upon negligent or wrongful acts or omissions of the indemnifying Party's officers, agents or employees occurring in the performance of this Agreement. This Agreement for indemnification is entered into pursuant to Government Code Section 895.4, is intended to eliminate the prorate right contribution described in Government Code Section 895.6, and to distribute the joint and several liability described in Government Code Section 895.2 between the Parties so that each Party bears the liability and costs for its own negligence. 7. 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. 8. Each Party to this Agreement shall provide Worker's Compensation coverage as required by state or federal law, as applicable, for its own employees, without cost to the other party. Neither party shall be required to pay for salaries, other compensation, or employment benefits for the employees of the other Party as a result of any work or services performed pursuant to this Agreement. 9. 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 that is used, pursuant to this Agreement, outside of its normal jurisdiction or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the requesting agency shall replenish fuel as needed and provide necessary minor maintenance on responding equipment to keep it operational during the event. 10. Any chemical agents or expendable supplies used during the incident by the responding Party shall be replenished by the requesting Party. 11. The Parties shall ensure each fire apparatus responding pursuant to this Agreement has a minimum crew of three (3) trained fire fighters, including a full-time paid company officer and a full complement of equipment according to the National Fire Protection Association (NFPA) standards as stated in Pamphlet 1901. 12. The assurance of aid to the Parties set forth in this Agreement 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 Parties, and that no charges shall be assessed by any Party against any other Party except as expressly provided in this Agreement. Notwithstanding the foregoing, however, and notwithstanding any other provision of this Agreement, neither Party shall be liable to the other Party, or to any other person or party, as a result of its failure to respond or failure to respond timely being the right to terminate this Agreement. This provision shall not be construed to prevent billing 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 service. 13. Nothing in this Agreement shall limit the Parties from participating in other agreements with other fire jurisdictions, and this Agreement shall have no effect upon the existing San Diego County Mutual City of Coronado and 2 Automatic Aid Agrccmcnt - 2010 City of National City Aid Agreement. Should any Party withdraw for any reason from the existing County Mutual Aid Agreement, this Agreement is automatically terminated upon the effective date of such withdrawal. 14. In order to standardize the Parties' respective fire fighting procedures and to ensure efficient emergency operations at any incident where aid is being rendered, the Parties to this Agreement agree to establish a system of cross -training for their fire fighting personnel. The provisions of Paragraphs 6, 7, 8 and 13 above shall apply to such events as if they were actual incidents of aid response. 15. Either Party may terminate this Agreement by giving written notice of termination to the other Party. Such notice will be sent to the other jurisdiction's Fire Chief and also to the City Clerk of the City of Coronado or the City Clerk of the CITY OF NATIONAL CITY, by and through its Mayor, pursuant to authorization of the City Council of the CITY OF NATIONAL CITY. CITY OF NATIONAL CITY, a municipal corporation By: Ron Morrison, Mayor Approved as to form and content: udia G. Sil City Attorney CITY OF CORONADO, a municipal corporation By: Blair King, f 4ty)4lanager Approved as to form and content: Mj an L. Foley ttorney City of Coronado and 3 Automatic Aid Agreement - 2010 City of National City RESOLUTION NO. 8464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORONADO AUTHORIZING THE CITY OF CORONADO TO ENTER INTO AN AUTOMATIC AID AGREEMENT WITH THE CITY OF NATIONAL CITY WHEREAS, Automatic Aid is a concept in lire protection which allows for the automatic exchange of equipment and resources across jurisdictional boundaries; and WHEREAS, such agreement will allow the nearest fire unit to respond to an emergency incident regardless of jurisdictional boundaries; and WHEREAS, the City of Coronado should avail itself of the best fire suppression resources available; and WHEREAS, Automatic Aid offers the automatic backup of a very large resource pool without the expense of becoming a large fire department. NOW THEREFORE, BE IT RESOLVED that the City does hereby authorize the establishment of an Automatic Aid Agreement for fire protection with the City of National City, and authorizes the City Manager to execute and sign the attached agreement on behalf of the City of Coronado. PASSED AND ADOPTED by the City Council of the City of Coronado, California this 1st day of March, 2011 by the following votes: AYES: DOWNEY, DENNY, OVROM, WOIWODE NAYS NONE ABSENT: TANAKA ABSTAIN: NONE �L ' Mic -1 We4boiwode, ayor Pro Tem City -of Coronado ATTEST: Linda K. Hascup, CMC City Clerk RESOLUTION 2010 — 250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AUTOMATIC AID AGREEMENT WITH THE CITY OF CORONADO WHEREAS, as part of their municipal services, the Cities of National City and Coronado ("Cities") maintain organized and equipped Fire Departments that conduct emergency operations within the respective jurisdictional limits; and WHEREAS, the Cities desire to respond to fire, medical, and rescue incidents within the other City's jurisdiction in accordance to an Automatic Aid Agreement, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction; and WHEREAS, the emergency responses will be by the nearest available unit concept, the senior officer on -site will be in charge of incidents, and a minimum crew of three trained fire fighters, including a full-time paid company officer and a full complement of equipment will be present during responses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Automatic Aid Agreement with the City of Coronado, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction to provide assistance during emergencies, when necessary. PASSED and ADOPTED this 23rd day of November, 2010. ATTEST: Mich Clerk h el R. Dalla Cit 1• Lla.��'iLI' Ittba f 'audia G. Sil 7" I City Attor ey ROVED AS TO FORM: on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on November 23, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California q ��1� Cityi4j/ erk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-250 of the City of National City, California, passed and adopted by the Council of said City on November 23, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT caolo-�� MEETING DATE: November 23, 2010 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Automatic Aid Agreement between the City of Coronado and the City of National City. (Fire) PREPARED BY: Walter Amedee PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: F APPROVED BY: The attached Automatic Aid Agreement between the City of Coronado and the City of National City was developed to support emergency response services between the two jurisdictions. In order to ensure a clear understanding of the expectations for automatic aid, this Agreement addresses the responses to emergencies into the jurisdictional limits of the other jurisdiction. Responses will be by nearest available unit concept, the Senior Officer on -site will be in charge of incidents, and a minimum crew of three (3) trained fire fighters, including a full-time paid company officer and a full complement of equipment will be present during responses. Either party may cancel this Agreement by giving written notice of termination to the other jurisdiction. FINANCIAL STATEMENT: APPROVED::fi^ c40- fu� Finance ACCOUNT NO. %lO f d`P APPROVE MIS ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign an Automatic Aid Agreement between the City of Coronado and the City of National City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: automatic Aid Agreement between the City of Coronado and the City of National City Resolution C,E.4s0��N‘oN rNo dO\D-abit) RESOLUTION 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AUTOMATIC AID AGREEMENT WITH THE CITY OF CORONADO WHEREAS, as part of their municipal services, the Cities of National City and Coronado ("Cities") maintain organized and equipped Fire Departments that conduct emergency operations within the respective jurisdictional limits; and WHEREAS, the Cities desire to respond to fire, medical, and rescue incidents within the other City's jurisdiction in accordance to an Automatic Aid Agreement, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction; and WHEREAS, the emergency responses will be by the nearest available unit concept, the senior officer on -site will be in charge of incidents, and a minimum crew of three trained fire fighters, including a full-time paid company officer and a full complement of equipment will be present during responses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Automatic Aid Agreement with the City of Coronado, which addresses the responses to emergencies into the jurisdiction limits of the other jurisdiction to provide assistance during emergencies, when necessary. PASSED and ADOPTED this 23rd day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF CORONADO AND THE CITY OF NATIONAL CITY This Automatic Aid Agreement is made by and between the CITY OF CORONADO, a municipal corporation and the CITY OF NATIONAL CITY, a municipal corporation, herein referred to as the "Parties" is entered into this 23rd day of November, 2010. RECITALS A. The Parties, as part of their municipal services, maintain organized and equipped Fire Departments, which conduct emergency response operations within their respective jurisdictional limits. B. The Parties would benefit by extending their respective Fire Departments' services outside of their jurisdictional limits and into the jurisdictional limits of the other Party. C. Each Party desires to respond to fire, medical, and rescue incidents in the other Party's jurisdiction in accordance with this Automatic Aid Agreement ("Agreement"). NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the Parties as herein expressed, the CITY OF CORONADO and the CITY OF NATIONAL CITY agree as follows: I . Each Party agrees to respond to emergencies outside of its respective jurisdictional limits and into the jurisdictional limits of the other Party in accordance with the following terms and conditions. 2. Routine responses by the Parties shall be governed by the nearest available unit concept, meaning the closest available unit of either Party shall respond without regard to municipal jurisdiction of the emergency. The signing of this Agreement represents each Party's request to the other party for assistance in responding to emergencies which occur geographically closer to the other Party's emergency units. 3. The Parties' may execute supplementary agreements regarding operational procedures and planning as are necessary to implement this Agreement. 4. Either Party may elect not to respond to a request for assistance if this response will affect the jurisdiction's ability to provide adequate fire protection to their service area. 5. The Senior Officer of the Fire Department of the Party requesting service shall assume the full charge of a cross -boundary operation (i.e., Incident Commander). If this Officer is a Fire Captain, they will coordinate the transition of Incident Command to the highest ranking Chief Officer regardless of jurisdictional boundaries. 6. a. Third -Party Claims: The CITY OF CORONADO agrees to indemnify and hold harmless the CITY OF NATIONAL CITY, its elected and appointed officers, officials, agents, and employees from any and all liability, claims, damages, or injuries to any person, including injury to employees of the CITY OF CORONADO, and all claims which arise from or are connected with the CITY OF CORONADO's performance or failure to perform the obligations of this Agreement, or caused or claimed to be caused by the acts of the CITY OF CORONADO, CORONADO's agents or employees; and all expenses of investigating and defending against same. The CITY OF NATIONAL CITY agrees to indemnify and hold harmless the CITY OF CORONADO and its agents and employees from any and all liability, claims, and damages or injuries to any person, including injury to the CITY OF NATIONAL CITY's employees and all claims which arise from or are connected with the CITY OF 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 the CITY OF NATIONAL CITY, the CITY OF NATIONAL CITY's agents or employees; and all expenses of investigating and defending against same. b. The Parties agree to indemnify the other party for any liability imposed upon the other Party under Government Code Section 895.2, based upon negligent or wrongful acts or omissions of the indemnifying Party's officers, agents or employees occurring in the performance of this Agreement. This Agreement for indemnification is entered into pursuant to Government Code Section 895.4, is intended to eliminate the prorate right contribution described in Government Code Section 895.6, and to distribute the joint and several liability described in Government Code Section 895.2 between the Parties so that each Party bears the liability and costs for its own negligence. 7. 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. 8. Each Party to this Agreement shall provide Worker's Compensation coverage as required by state or federal law, as applicable, for its own employees, without cost to the other party. Neither party shall be required to pay for salaries, other compensation, or employment benefits for the employees of the other Party as a result of any work or services performed pursuant to this Agreement. 9. 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 that is used, pursuant to this Agreement, outside of its normal jurisdiction or municipal boundaries. However, during prolonged (eight hours or more) suppression activities, the requesting agency shall replenish fuel as needed and provide necessary minor maintenance on responding equipment to keep it operational during the event. 10. Any chemical agents or expendable supplies used during the incident by the responding Party shall be replenished by the requesting Party. 11. The Parties shall ensure each fire apparatus responding pursuant to this Agreement has a minimum crew of three (3) trained fire fighters, including a full-time paid company officer and a full complement of equipment according to the National Fire Protection Association (NFPA) standards as stated in Pamphlet 1901. 12. The assurance of aid to the Parties set forth in this Agreement 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 Parties, and that no charges shall be assessed by any Party against any other Party except as expressly provided in this Agreement. Notwithstanding the foregoing, however, and notwithstanding any other provision of this Agreement, neither Party shall be liable to the other Party, or to any other person or party, as a result of its failure to respond or failure to respond timely being the right to terminate this Agreement, (Is something missing here?) This provision shall not be construed to prevent billing 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 service. 13. Nothing in this Agreement shall limit the Parties from participating in other agreements with other fire jurisdictions, and this Agreement shall have no effect upon the existing San Diego County Mutual City of Coronado and 2 Automatic Aid Agreement - 2010 City of National City Aid Agreement. Should any Party withdraw for any reason from the existing County Mutual Aid Agreement, this Agreement is automatically terminated upon the effective date of such withdrawal. 14. In order to standardize the Parties' respective fire fighting procedures and to ensure efficient emergency operations at any incident where aid is being rendered, the Parties to this Agreement agree to establish a system of cross -training for their fire fighting personnel. The provisions of Paragraphs 6, 7, 8 and 13 above shall apply to such events as if they were actual incidents of aid response. 15. Either Party may terminate this Agreement by giving written notice of termination to the other Party. Such notice will be sent to the other jurisdiction's Fire Chief and also to the City Clerk of the City of Coronado or the City Clerk of the CITY OF NATIONAL CITY, by and through its Mayor, pursuant to authorization of the City Council of the CITY OF NATIONAL CITY. CITY OF NATIONAL CITY, CITY OF CORONADO, a municipal corporation a municipal corporation By: By: Ron Morrison, Mayor Blair King, City Manager Approved as to form and content: Approved as to form and content: Claudia G. Silva City Attorney Morgan L. Foley City Attorney City of Coronado and 3 Automatic Aid Agreement - 2010 City of National City OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax December 2, 2010 Chief Ed Hadfield Division Chief Coronado Fire Department 1001 Sixth Street Coronado, CA 92118 Dear Chief Hadfield, On November 23`d, 2010, Resolution No. 2010-250 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with the City of Coronado. We are forwarding a certified copy of the above Resolution and two partially executed original Agreements. Please return one fully executed original Agreement to us for our files. Michael R. Dalla, CMC City Clerk Enclosures