HomeMy WebLinkAbout1986-10-07; City Council; Resolution 88301
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RESOLUTION NO. 8830
A RESOLUTIOI
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT FOR AUTOMATIC AID WITH THE SAN MARCOS FIRE PROTECTION DISTRICT
OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That an Automatic Aid Agreement for fire protection between the
City of Carlsbad and the San Marcos Fire Protection District, attached
hereto and marked as Exhibit A, be accepted.
2. The Mayor is hereby authorized and directed to execute said
agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held the 7th day of October 1986 ,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: None
ABSENT : Council Member Kulchin
ATTEST:
MARY Hi' CASLER, Mayor
(SEAL)
E&t A to Resolution No.
AuTo~ATrC-AID-AGREEMENT
THIS AGREEMENT, made and entered into this /?- day of ,.g- y&, by and between the San Marcos Fire Protection
Distrid. a political subdivision of the State of California. and
the City of Carlsbad. California, a municipal corporation,
hereinafter referred to as "Carlsbad",
WHEREAS, both Carlsbad and the San Marcos Fire Protection
District maintain as part of their municipal service, an organized
and equipped Fire Department, charged with the duty of fire
protection and rescue within the corporate limits of said
districts; 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 of each party hereto and into the cor.porate limits
of the other party thereto; and
WHEREAS, the parties hereto recognize that in certain circun-
stances, it is advantageous to utilize the nearest available fire
suppression and rescue forces to provide the most effective
response to eaergency alarms regardless of jurisdictional
boundaries; and
WHEREAS, the parties hereto both desire that in some
circumstances Carlsbad will respond to fire rescue incidents within
the corporate limits of San Marcos, and that in some circumstances
the San Marcos Fire Protection District will respond to fire and
rescue incidents within the corporate limits of the City of
Carlsbad.
NOW, THEREFORE. FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. That, pursuant to the authority granted by Section 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 terns and conditions hereinafter set forth.
The automatic aid territories covered by this agreement are set
forth in maps 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 provided
under this agreement shall be determined by the respective Fire
Chiefs and approved by the City of Carlsbad and the Board of
Directors of the San Marcos Fire Protection District. It is
a
understood that all plans which deal with energency response shall
adhere as closely as practical to the "nearest unit's'' concept of
first alarm response which forms the basis for this agreement.
Upon the mutual consent of the City of Carlsbad and the Board of
Directors of the San Marcos Fire Protection District and t.he Fire
Chiefs of the parties he,reto. modifications may be made, due to
changing 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 District.
4. That Carlsbad agrees to indemnify and hold the San Marcos
Fire Protection District harmless from loss, liability, clain. suit
or' judgment resulting frorx obligations of Carlsbad for work or acts
done or omitted by the San Marcos Fire Protection District which
are or may be done, or required by, or pursuant to this agreement..
The San Marcos Fire Protection District agrees to indemnify arid
hold Carlsbad harmless from loss, liability, claim, suit or
judgment resulting from obligations of the San Marcos Fire
Protection District which are or may be done. or required by, or
pursuant to this agreement. These provisions are included in
accordance with Government code, Section 845.4, and are applied to
all parties herein.
5. That each party hereto shall maintain Worker's
Compensation Insurance covering its own employees without cost to
the other party, and the City of Carlsbad and the San Marcos Fire
Protection District shall pay its own personnel without cost to the
other District/Department.
6. That each of the parties hereto shall be fully responsible
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 extraterritorial services be rendered pursuant to
this agreement shall consist of providing first alarm fire
suppression and rescue services; and Carlsbad and the San Marcos
Fire Protection District agree to also provide additional equipment
required, via existing mutual aid agreements, if necessary in the
event of a second or third alarm involvement within its own
geographical limits.
8. That each party to this agreement warrants and represents
that it has sufficient equipment to handle normal involvement for
which it shall be responsible under this agreement, but neither
party shall be expected to respond pursuant to this agreement with
special equipment for any involvement within its geographical
boundaries.
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9. 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 thereto in the performance of this agreement.
10. That the Fire Chief of each party hereto, under the
administrative direction of the City of Carlsbad and the Board of
Directors for the San Marcos Fire Protection District, shall have
joint authority and responsibility for the administration of this
agreement which they may delegate to their agents or employees in
their respective Fire Departments.
11. That each party hereto shall furnish to the other in
writing. the names and rank of all participating officers.
12. That no payments of any kind shall be made between the
parties hereto as compensation for any services performed pursuant
to this agreement.
13. That this agreement does not conflict with or supersede
any existing "Mutual Aid" agreement between the parties hereto.
14. That this Agreement shall be effective as of the day and
.year hereinafter written and continue until terminated by either
party by giving notice, in writing, of its intention to terminate
not less than ninety (90) days from and after the date of said
notice.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and Year first above written.
/'-
______________-_____________ Chairman, Board of Directors
San Marcos Fire Protection
District
San Marcos, California
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Mayor /
City of Carlsbad .
Carlsbad, California