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HomeMy WebLinkAbout1977-07-05; City Council; Resolution 51311' 1( 1: 1: 1: 14 1: 1E 11 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT FOR AUTOMATIC AID WITH CITY OF OCEANSIDE. BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That an Automatic Aid program for fire protection tetween the City of Carlsbad and the City of Oceanside is .ereby accepted. 2. The City Manager is hereby authorized to execute an greement between the two cities for this purpose, contingent pon acceptance of this agreement by the Oceanside City Council. PASSED, APPROVED AND ADOPTED by the City Council of the City f Carlsbad at a regular meeting held the 5th day of July , 1977, by the following vote, to wit: AYES : NOES : None Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler ABSENT : None ROBERT &C&h- C. FRAZEE, May& 'TEST: eal) AUTOMATIC AID AGREEMENT THIS AGREEMENT, made and entered into this 5th day of July , 1977, by and between the City of Oceanside I California, a municipal corporation, hereinafter referred to as I' Oceanside " and the City of Carlsbad , California, a muni- cipal corporation, hereinafter referred to as 'I Carlsbad ". WITNESSETH: WHEREAS, both Oceanside and Carlsbad maintain as part of their municipal service, an organized and equipped Fire Depart- ment, charged with the duty of fire protection and rescue within the corporate limits of each of said cities; and WHEREAS, investigation has disclosed it would be to the benefit of each party hereto, that the services of each Fire Department be, in certain circumstances, extended outside of the corporate limits limits of the other party hereto; and of each party hereto and into the corporate WHEREAS, the parties hereto recognize that in certain cir- cumstances, it is advantageous to utilize the nearest available fire suppression and rescue forces to provide the most effective response to emergency alarms regardless of jurisdictional bound- aries; and WHEREAS, the parties hereto both desire that in some cir- cumstances the Fire Department of Oceanside will respond to fire and rescue incidents within the corporate limits of Carlsbad and that in some circumstances the City of Carlsbad will respond to fire and rescue incidents within the corporate limits of Oceanside . NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, CONVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: 1. That, pursuant to the authority granted by Sect+on 55632 of the Government Code, the parties hereto agree to respond to emergency fire alarms outside of its corporate geographical limits, and into the corporate geographical limits of the other in accordance with the terms and conditions hereinafter set forth. The automatic aid territories covered by this agreement are set forth in a map attached hereto marked Exhibit "A" and made a part hereof as though set forth in full herein. 2. That the specific details of the services to be pro- vided under this agreement shall be determined by the respective Fire Chief and approved by the City Manager of each City. It is understood that all plans which deal with emergency response shall adhere as closely as practical to the "nearest unit%" concept of first alarm response which forms the basis for this agreement. Upon the mutual consent of the City Manager and Fire Chief of the parties hereto, modifications may be made, due to chariging conditions, to the automatic aid territories set out in Exhibit "A". 3. That each of the parties will provide fire apparatus to geographical areas of the other City. 4. That Oceanside agrees to indemnify and hold Carlsbad harmless from loss, liability, claim, suit or judgment resulting 2 from obligations of Oceanside for work or acts done or omitted by Carlsbad which are or may be done, or required by, or pur- suant to this agreement. Carlsbad agrees to indemnify and hold Oceanside harmless from any loss, liability, claim, suit or judgment resulting from obligations of Carlsbad for work or acts done, or omitted by Oceanside which are or may be done, or required by, or pursuant to this agreement. These provisions are included in accordance with Government Code, Section 895.4, and are applied to all parties herein, 5. That each party hereto shall maintain Worker's Com- pensation Insurance covering its own employees without cost to the other City, and each City shall pay its own personnel without cost to the other City. 6. That each of the parties hereto shall be fully respons- ible for all repair, maintenance and upkeep, including gas, oil, lubrication, parts replacement and repair of casualty damage, of all of its own equipment used pursuant to this agreement while said equipment is used outside of its geographical limits. 7. That the costs necessary to develop and provide for the necessary inter-tie between communications systems of the parties hereto shall be shared by them equally. 8. That the extraterritorial services to be rendered pursuant to this agreement shall consist of providing first alarm fire suppression and rescue services; and each City agrees to also provide additional equipment required, via existing mutual aid agreements, if necessary in the event &f' a second or third alarm involvement within its own geographical limits. 3 9.. That each City warrants and represents that it has sufficient equipment to handle normal involvements for which it shall be responsible under this agreement, but neither City shall be expected to respond pursuant to this agreement with special equipment in any territory of the other City, and each City shall furnish its own special equipment for any involvement within its geographical boundaries. 10. That each party hereto shall provide all the police traffic control personnel within its geographical limits necessary to the entry therein of the equipment and personnel of the other party hereto in the performance of this agreement. 11. That the Fire Chief of each party hereto, under the administrative direction of the City Manager, shall have joint authority and responsibility for the administration of this agree- ment which they may delegate to their agents or employees in their respective Fire Departments. 12. That each party hereto shall furnish to the other in writing, the names and rank of all participating officers. 13.. That no payments of any kind shall be made between the parties hereto as compensation for any services performed pursuant to this agreement. 14. That this agreement does not conflict with or supersede an existing "Mutual Aid" agreement between the parties hereto. 15. That this agreement shall be effective as of the day and year hereinabove written and continue until terminated by either party by giving notice, in writing, of its intention to terminate not less than ninety (30) days from and after the date 4 .L. ,- 0 of said notice. IN WITNESS WHEMOF, the parties hereto have executed this agreement the day and year first above written. ' Carlsb; t ,, City Manager id, California Oceanside, California Date: 7-7~77 Date: