HomeMy WebLinkAbout1981-12-08; City Council; Resolution 67411
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RESOLUTION NO. 6741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING AN AGREEMENT FOR THE
UTILIZATION OF FIRE PROTECTION, MEDICAL AND
RESCUE PERSONNEL, EQUIPMENT, MATERIALS AND
SUPPLIES BETWEEN THE CITIES OF CARLSBAD,
OCEANSIDE, AND VISTA.
WHEREAS, the Cities of Carlsbad, Oceanside, and Vista main-
tain and operate a fire protection, medical and rescue organiza-
tion, each in a reasonable proximity to the other; and
WHEREAS, these Cities desire to render aid to each other to
meet the demand for additional fire protection, medical and
rescue personnel, equipment, materials and supplies when such
aid is necessary; and
WHEREAS, these Cities desire to enter into an agreement to
provide such aid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Zity of Carlsbad as follows:
1. The "Agreement for Utilization of Fire Protection,
4edical and Rescue Personnel, Equipment, Materials and Supplies"
letween the Cities of Carlsbad, Oceanside, and Vista is hereby
iuthorized and approved. A copy of this agreement is attached
iereto as Exhibit "A" and incorporated herein by reference.
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2. The Mayor and the City Clerk are hereby authorized to
execute this Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of
, 1981, Carlsbad, California, this 8th day of December
by the following vote, to wit:
AYES : Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
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+ RONALD C. PACKARD, Mayor
ATTEST :
(SEAL)
0 0
AGREEMEXT FOR UTILIZATION OF FIRE PROTECTION, Ml3DICAL
AND RESCUE PERSONNEL, EQUIPMENT, PIATERIALS AND SUPPLIES
THIS AGREEMENT, made and entered into this - 24th day of November,
1981, by and between the CITIES OF OCEANSIDE, CARLSBAD, and VISTA.
WHEREAS, the Cities of Oceanside, Carlsbad, and Vista maintain and
operate a fire protection, medical and reseue organization, each in it
reasonable proximity to the other; and
WHEREAS, it is the desire of the parties hereto to render aid to
the other to meet the demand for additional fire protection, medical
and rescue personnel, equipment materials and supplies when such aid
is necessary as herein set forth; and
NOW, TIIEREFORE, the parties hereto mutually agree as follows:
1- To furnish fire protection, medical aid and rescue personnel,
equipment, materials and supplies as a reserve resource and render such
fire protection, medical aid, and rescue personnel, equipment mater-
ials, and supplies to each other as may be necessary to suppress fire,
ed between parties hereints.
2. Such alc! shall be provided only upon request by a designated
be received through established communication channels common to each
party.
Each party shall provide to the other parties a list by name
and rank of designated fire officials who are authorized to make re-
quests for aid under this Agreement. It shall be the responsibility of
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each respective party to ensure that its list is kept current at all . times.
3. Each of the parties hereto agree that the obligation of the
parties hereunder to render aid does not require any party to render
such aid when to do so would deplete its own fire protection, medical
and rescue services and facilities to the substantial impairment of
that party's normal fire protection, medical and rescue
The Fire Chief, or the chief officer in charge in the absence of the
Fire Chief, of each party which has received a request for aid shall
capabilities.
have the sole discretion to determine whether or not such a reques'c
would result in such a substantial impairment.
4. The designated fire official requesting aid hereunder shall
be in charge of the direction of personnel and equipment provided by
the respondhg parties from the time such personnel report to such des-
ignated official or such equipment is delivered to such designated of-
ficial untU such time as the responding personnel and equipment are
released by such designated fire official.
The designated fire off icizl requesting aid hereunder may
transfer or delegate his responsibilities contained in this paragraph
as operation81 demands dictate.
5* Each party receiving equipment aid hereunder shall be fully
responsible for the maintenance and upkeep, including but not limited
to gas, oil, lubrication, parts replacements and repair of casualty
damage, of my such equipment while said equipment is under the command
and control of the requesting party.
6. Unless self insured, each party hereto shall maintain Work-
er's Compensation Insurance covering its own employees without cost %o
the other parties.
7. Each party rendering personnel aid hereunder shall be
entitled to be reimbursed by the requesting party for the wages of the
personnel rendering such aid. The party requesting reimbursement must
submit a claim therefor to the Fire Chief of the party receiving such
aid.
(60) days of receipt thereof by the party providing reimbursement.
Such claims must be processed and reimbursement made within sixty
8. Each party receiving aid hereunder agrees to indemnify,
defend and hold the responding party, and its officers, agents,and em-
ployees, free and harmless from any and all liabilities, claims, de-
mands, actions, losses, damages, and costs, including all. costs of
defense thereof, caused by, arising out of, or in any way related to
the requesting
ment, materials, and supplies while under the command and control of
party’s use of the responding party’s personnel, equip-
the requesting party.
own expense, defend the responding party, and its officers, agents, and
Upon demand the requesting party shall, at its
employees, against any and all such liabilities, claims, demands, ac-
tions , losses darnages or costs e
9. The Fire Chief of each party hereto, under the administrative
direction of the City Manager, shall have joint authority and responsi-
bility fori the administration of this Agreement which they may delegate
$0 their aseats or mployees in their respective fire department.
10. This Agreement shall become effective upon the date hereof
ar-6 shall remain in full force and effect until terminated by mutual
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agreement of the parties hereto or by written notice by one party to
the other party, giving sixty (60) dsys notice of said termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the day and year first hereinabove written.
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Corporation
APPROVED AS TO FORN & LEGALITY:
CITY OF VISTA
A Nunicipal Forporation
BY Mayor
BY CityCltrk
AZPPROVET) AS TO FOR! & LEGALITY
City Attorney