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HomeMy WebLinkAbout1978-11-07; City Council; 5648; Automatic Aid Encinitas Fire Protection DistrictCITY OF CARLSBAD AGENDA BILL N0. (0 y F DATE: November 7_, 1978 DEPARTMENT: Fire Department Initial:, Dept. iid._ City Atty City Mgr. Automatic Aid - Carlsbad/Encinitas Fire Protection District Statement of the Matter For some time an Automatic Aid agreement has been discussed between the City of Carlsbad and Encinitas Fire Protection District. It is felt that Automatic Aid is valuable in providing better fire protection for the two cities. Staff has had several meetings with Chief Shand of Encinitas and his staff concaining Automatic Aid. we are all in agree- ment that it would be desirable to incorporate an agreement as soon as possible. The Automatic Aid Agreement with Carlsbad and Encinitas will be similar to the Oceanside/Carlsbad agreement. Exhibit 1. Automatic Aid Boundaries Map. 2. Automatic Aid Agreement. 3. Resolution No.,s Z_. 4. Memo from Fire Chief to City Manager, 10-17-78. Recommendation That the City of Carlsbad enter into a contractual Automatic Aid Agreement with the Encinitas Fire Protection District. If Council concurs, to adopt Resolution No. SS97 authorizing the City Manager to execute the Automatic Aid Agreement. Council Action: 11-7-78 Council adopted Resolution 5597, approving an agreement between the City of Carlsbad and the Cncinitas Fire Protection District for an automatic aid program for fire protection. CARLSBAD FIRE DEPARTMENT t, . r t' MEMORANDUM TO: CITY MANAGER DATE: 10-17-78 s: FROM: FIRE CHIEF SUBJECT: AUTOMATIC AID/ENCINITAS s,{ti The Automatic Aid Agreement with Encinitas is the same as >: with the City of Oceanside except for the area covered. (Exhibit 01A") . We presently have Mutu.cl Aid with Encinitas; Automatic Aid i. differing only in that within the area designated both departments will respond on the initial call. Uz Mutual Aid differs in that a call for assistance is only put out after the first unit arrives and determines additional help is needed, r, Automatic Aid with Oceanside has worked out very satisfactorily ° for both departments. Neither department has rendered any3 exceptional help up to this time, however, units have been one the scene available or enroute should additional assistance have been needed. The Encinitas Board of Directors approved the agreement on October 11, 1978, I' have attached four signed copies of the Agreement and should Council approve the Agreement they it (Encinitas) would like two signed copies returned to the Encinitas Fire District. �J s Thompso\ n attachments 1 RESOLUTION NO. 5597 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAP.I,SBAD, CALIFORNIA, 3 APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ENCINIt'AS 4 FIRE PROTECTION DISTRICT FOR AZT AU'_T'OMATIC AID PROGRAM FOR FIRE ' 5 PROTECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. 6 7 The City Council of the City of Carlsbad, California does g hereby resolve as follows: 9 1. That that certain agreement between the City of Carlsbad 10 and the Encinitas Fire Protection District for an Automatic Aid 11 Program for Fire Protection, a copy of which is attached hereto 12 marked Exhibit A and made a part hereof, is hereby approved. 0 a y � 13 2. That the City Manager of the City of Carlsbad is hereby ' 'a o LL�z 14 authorized and d.rected to execute said agreement for and on 15 behalf of the City of Carlsbad. z W uc 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Wza U o tn 17 City Council of the City of Carlsbad, California, held on the a a ►'- U 18 7th day of November 1978 by the following vote, to wit: 19 AYES: Councilmen Skotnicki, A.near, Lewis and Councilwoman CaslPr 20 NOES: None 21 ABSENT: Councilman Packard ff 22 RONALD C. PACKARD, Mayor 23 � ATTEST: 24 25 26 _ALETHA L. RAUTENKRANZ, City,lerk 27 11 (SEAL) 28 .� EXHIBIT TO RESOLUTION NO. 5597 AUTOMATIC AID AGREEMENT TIiIS AGREEMENT, made and entered into this llth day of October , 1978, by and between the Encinitas Fire Protection District, a political subdivision of the State of California, and the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad". W1TNR9RF.TN WHEREAS, both the Encinitas Fire Protection District and Carlsbad 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 district and city; 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 corporate limits of the other party hereto; and WHEREAS, the parties hereto recognize that in certain circumstances, 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 boundaries; and WHEREAS, the parties hereto both desire that in some cit- ; cumstances the Encinitas Fire Protection District will respond to fire and rescue i ncidonts 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 the Encinitas Firms 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 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 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 i ' Fire Chief and approved by the Board of Directors of the Encinitas Fire Protection District and the City Manager. of Carlsbad. it is understood that all plans which deal with emergency response shall adhere as closely as practical to the "nearest units" concept of first alarm response which forms the basis for this agreement. Upon the mutual consent of the Board D' o t hectors of the Encinitas Fire Protection District and the City Manager of Carlsbad and Fire Chief of the parties hereto, modifications may be made, due to changing conditions, to the automatic aid territories s-� out in Exhibit 2 - 3. That each of the parties will provide fire apparatus to geographical areas of the other District or City. 4. That the Encinitas Fire Protection District agrees to indemnify and hold Carlsbad harmless from loss, liability, claim, suit or judgment resulting from obligations of the Encinitas Fire Protection District for work or acts done or , omitted by Carlsbad which are or may be done, or required by, -or pursuant to this agreement. Carlsbad agrees to indemnify and : hold the Encinitas Fire Protection District harmless from any ,I loss, liability, claim, suit or judgment resulting from obligations of Carlsbad for work or acts done, or omitted by the Encinitas 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 895.4, 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 Encinitas Fire Protection District shall pay its own personnel without cost to the other City or District. 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. - 3 - 7. That the extraterritorial services to be rendered pursuant to this agreement shall consist of providing first alarm fire suppression and rescue services; and the Encinitas Fire Protection District and the City of Carlsbad agrees 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. t 8. That each party to this agreement warrants and represents that it has sufficient equipment to handle normal involvements for which it shall be responsible under this agree- ment, but neither party shall be expected to respond pursuant to this agreement with special equipment in any territory of the other party, and each party shall.furnish its own special ti • equipment for any involvement within its geographical. boundaries. 9. That each party hereto shall provide all the police i 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. i 10. That the Fire Chief of each party hereto, under the •�k administrative direction of the Board of Directors for the Encinitas Fire Protection District and the City Manager for is Carlsbad, shall have joint authority and responsibility for the administration of this agreement wi,.,ch they may delegate to s; 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 x the parties nexuto as compensation for any services performed pursuant to this agreement. - 4 - *"N 169;1 13. That this agreement does not conflict with or super- sede an existing "Mutual Aid" agreement between the parties thereto. 14. 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 (90) days from and afte,. the date of said notice. IN WITNESS WHEREOF, the parties hereto have exeacvted this agreement the day and year first above written. • Chaxrmain, Board of Da.rectors Encinitas Fire Protection pis trict Encinitas, California Dater / ( / y 7 City Manager _ City of Carlsbad Carlsbad, California Date: / 1- 10 - 7 S - 5 - RESOLUTION 14O. 78-14 A RESOLUTION OF THE. BOARD OF DIRECTORS OF THE ENCINITAS FIRE PROTECTION DISTRICT, ENCINITAS, CALIFORNIA AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE AGREEMENT FOR AUTOMATIC AID WITH THE CITY OF CARLSBAD. TO BE RESOLVED by the Board of Directors of the Encinitas Fire Protection District, Encinitas, California, as follows: 1. That an Automatic Aid program for fire protection i . f between the Encinitas Fire Protection District and the City E of Carlsbad is hereby accepted. 2. The Chairman of the Board of Directors of the t Encinitas Fire Protection District is hereby authorized to E execute an agreement between the Encinitas Fire Protection District and the City of Carlsbad for this purpose, contingent upon acceptance of this agreement by the Carlsbad City Council. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Encinitas Fire Protection District at a regular meeting held the llth day of October , 1978, by the following vote, i t to Wit. AYES: Raub, Rusch, Lingle, Roberts, Correll NOES: E ABSENT: None William H. PusAlli5ai'�Nan Board of Directors ATTEST: `mean Davis District Secretary