The URL can be used to link to this page

Home My WebLink About2011 CON City of San Diego - Automatic AidAUTOMATIC AID AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY This Agreement is made by and between the CITY OF SAN DIEGO, a municipal corporation and the CITY OF NATIONAL CITY, a municipal corporation, herein referred to as the "Parties" is entered into this 7th day of June, 2011. 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 agreement. NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the Parties as herein expressed, the CITY OF SAN DIEGO 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 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 Chiefs of the Parties' Fire Departments are authorized to 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 requesting service shall assume full charge of a cross -boundary operation (i.e., Incident Commander). 6. a. Third -Party Claims: The CITY OF SAN DIEGO agrees to indemnify and save the CITY OF NATIONAL CITY, its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to employees of the CITY OF SAN DIEGO City of San Diego and 1 Automatic Aid Agreement - 2011 City of National City and all claims which arise from or are connected with the CITY OF SAN DIEGO's performance or failure to perform the obligations of this Agreement, or caused or claimed to be caused by the acts of San Diego, San Diego's agents or employees; and all expenses of investigating and defending against same. The CITY OF NATIONAL CITY agrees to indemnify and save the CITY OF SAN DIEGO and its agents and employees harmless 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, 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 895.2, based upon negligent or wrongful act or omission of the indemnifying party's officers, agents or employees occurring in the performance of this Agreement. This indemnification agreement is entered into pursuant to Government Code 895.4 and is intended to eliminate the prorate right contribution described in Government Code 895.6 and distribute the joint and several liability described in Government Code 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 which 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 expandable 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 departments, and that no charges shall be assessed by any party against any other party except as expressly provided in this Agreement. Notwithstanding the foregoing, and notwithstanding any other provision of this Agreement, City of San Diego and 2 Automatic Aid Agreement - 2011 City of National City 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. 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 Aid Agreement. Should any Party withdraw for any reason from the existing County Mutual Aid Agreement, this Agreement will automatically terminate upon the effect 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 at any time 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 SAN DIEGO 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 SAN DIEGO, a municipal corporation a municipal corporation By: Ron Morrison, Mayor Approved as to form and content: audia City Attorne By Javier Mainar, Fire Chief Approved as to form and content: Jan Golds City of At py C'ty `4'61. City of San Diego and 3 Automatic Aid Agreement - 2011 City of National City RESOLUTION NO. 2011 — 116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO TO CONDUCT EMERGENCY RESPONSE OPERATIONS WITHIN THEIR RESPECTIVE JURISDICTIONAL LIMITS WHEREAS, the City of National City and the City of San Diego maintain organized and equipped Fire Departments that conduct emergency response operations within their respective jurisdictional limits; and WHEREAS, it is in the best interests of the City of National City and the City of San Diego to extend their respective Fire Departments' services outside of their jurisdictional limits to respond to fire, medical, and rescue incidents into the jurisdictional limits of the other party; and WHEREAS, routine responses will governed by the nearest unit concept, meaning the closest available unit of either party shall respond without regard to municipal jurisdiction of the emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Automatic Aid Agreement Between the City of San Diego and the City of National City to conduct emergency response operations within their respective jurisdictional limits. PASSED and ADOPTED this 7th day of June, 2011 on Morrison, Mayor ATTEST R.4 s Mic , City Clerk APPROVED AS TO FORM: audia G. City Attorn Passed and adopted by the Council of the City of National City, California, on June 7, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City City ty National City, California lerk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-116 of the City of National City, California, passed and adopted by the Council of said City on June 7, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT r, , MEETING DATE: June 7, 2011 AGENDA ITEM NO. 14 TEM 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 San Diego and the City of National City. (Fire) PREPARED BY: Walter Amedee _ PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: APPROVED BY: The attached Automatic Aid Agreement between the City of San Diego 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: ACCOUNT NO. No financial impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: 4/,gin Imp, Finance APPROVED: MIS STAFF RECOMMENDATION: Authorize the Mayor to sign an Automatic Aid Agreement between the City of San Diego and the City of National City. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: utomatic Aid Agreement between the City of San Diego and the City of National City resolution 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 June 16, 2011 Fire Chief Javier Mainar San Diego Fire -Rescue Dept. 1010 Second Avenue, Suite 400 San Diego, CA 92101 Dear Chief Mainar, On June 7`h, 2011, Resolution No. 2011-116 was passed and adopted by the City Council of the City of National City, authorizing execution of an Automatic Aid Agreement with the City of San Diego. We are forwarding a certified copy of the above Resolution and two partially executed original Agreements. Please return a fully executed original Agreement to us for our files. Michael R. Dalla, CMC City Clerk Enclosures