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Home My WebLink About2024-10-08; City Council; Resolution 2024-228RESOLUTION NO. 2024-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGN EE TO APPROVE AN UPDATED AUTOMATIC AID AGREEMENT BETWEEN FIRE AGENCIES IN THE NORTH REGIONAL ZONE WHEREAS, the City of Carlsbad, California maintains automatic aid agreements to provide fire protection, emergency medical, and rescue services within the jurisdictional limits of neighboring fire agencies; and WHEREAS, automatic aid benefits fire agencies by allowing the closest emergency unit to respond to an incident without regard to jurisdictional boundaries; and WHEREAS, the North Regional Zone Master Interoperable Automatic Aid Agreement outlines the procedures for automatic aid response between fire agencies in the North Regional Zone; and WHEREAS, the current North Regional Zone Master Interoperable Automatic Aid Agreement was previously approved in 2016; and WHEREAS, an updated agreement is needed to continue these services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager of the City of Carlsbad, or designee, is authorized to execute the updated North Regional Zone Master Interoperable Automatic Aid Agreement for Fire- Rescue Respon ses and Support Services. (Attachment A). 3. That the City Manager, or designee, is authorized to execute all future automatic aid agreements and other necessary program documents to continue automatic aid response between neighboring jurisdictions, including any requisite training. North Zone Automatic Aid Agreement – August 2024 Page 1 of 4 NORTH REGIONAL ZONE MASTER INTEROPERABLE AUTOMATIC AID AGREEMENT FOR FIRE-RESCUE RESPONSES & SUPPORT ACTIVITIES FINAL: AUGUST 2024 WHEREAS, the Camp Pendleton, Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista Fire Departments, the Deer Springs, Rincon Del Diablo, North County, Rancho Santa Fe, San Diego County, San Marcos, Valley Center, and Vista Fire Protection Districts, and the Pala, Pauma, Rincon, and San Pasqual Reservation Fire Departments, and Cal Fire in San Diego County maintain as part of their service, an organized and equipped Fire Agency charged with the duty of fire protection, emergency medical, and rescue services within the limits of said jurisdictions, collectively referred to as the “agencies” and individually as “party” or “agency”; and WHEREAS, it would be to the benefit of the agencies that the fire suppression, emergency medical, rescue services, incident management, fire investigation, resource support, and training services of each of their Fire agencies be, in some circumstances, extended outside of the jurisdictional limits of each party to this Agreement; and into the jurisdictional limits of the other agencies; and WHEREAS, under certain circumstances jurisdictions wish to have other Fire agencies respond to fire suppression, emergency medical, rescue, and support services for incidents within the limits of their jurisdiction. NOW, THEREFORE BE IT RESOLVED: 1.The agencies to this Automatic Aid Agreement (Agreement), as identified in Exhibit “A,” which is incorporated by reference, have agreed to respond to emergency alarms and related support activities (which include, but may not be limited to, fire suppression, medical, rescue, incident management, fire investigation, resource support, and training) outside of their respective service areas as delineated, now or in the future, by LAFCO, and within the delineated service areas of the other agencies, in accordance with the terms and conditions of this Agreement. 2.Any party to this Agreement may, upon determining mutual benefit, agree to provide resources without regard to political and/or jurisdictional boundaries, and adhere to the closest available resource concept for determining response patterns as a part of this Agreement. 3.The use of Automatic Aid Shall not be used to shift costs to another agency for providing primary coverage within said agencies jurisdiction. Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 Attachment A North Zone Automatic Aid Agreement – August 2024 Page 2 of 4 4.The details as to the method of operations, procedures, and other planning as may be necessary to effectuate this Agreement and type of units and responses shall be as set forth in the Operational Plan (Zone Emergency Operation Manual-EOM) in effect between the Fire Chiefs of the respective Fire agencies. 5.The details as to the method of ambulance operations, procedures, and other planning as may be necessary to effectuate this Agreement and type of units and responses shall be as set forth by the California Health and Safety Code Section 1797.201, 1797.224, 1797.230 or 1797.231. Contracts or MOA’s that are agreed upon between individual agencies for ambulance response shall be in effect between said agencies. 6.Emergency medical patients requiring service or transport for medical care shall be billed for services provided by the party providing the services, at the established rate of such party. 7.Cooperative planning and interdepartmental training are necessary to support emergency incident activity. All resources covered by this Agreement should train together to ensure safe and effective incident operations. Each party shall bear the costs and expenses incurred for training its own personnel. 8.Non-emergency resource support, training and education activities will be coordinated and agreed upon between the Fire Chiefs or designees of the respective Fire agencies. 9.There shall be an operational committee, which shall consist of the Chiefs or their designee of the respective agencies, for the purpose of implementing the provisions of this Agreement relating to operational procedures. 10.The duties of Incident Commander shall be assumed by the first fire officer from a participating agency who arrives at the scene of the incident, regardless of the jurisdiction in which the incident occurs. There shall be an orderly transfer of command when an Officer from the jurisdiction in which the incident occurs arrives at the scene, if said Officer chooses to assume Incident Command. 11.All agencies agree to indemnify the other agencies for any liability imposed upon the other agencies pursuant to Government Code Section 895.4, based upon a 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 Section 895.4 and is intended to eliminate the pro rata right of contribution described in Government Code Section 895.6 and the joint and several liability described in Government Code Section 895.2 agencies so that each party bears the liability and cost of its own negligence. Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 North Zone Automatic Aid Agreement – August 2024 Page 3 of 4 12.Each party to this Agreement shall maintain proper Worker’s Compensation Insurance or be self-insured for Workers’ Compensation liability covering its own employees without cost to the other agencies, and each party shall be responsible for all salary and benefits for its own personnel without cost to the other agencies. 13.Each of the agencies shall be fully responsible for all repairs, maintenance, and upkeep, including gas, oil, lubrications, parts replacement, and repair of casualty damage, of all its own equipment used, in furtherance of this Agreement, while said equipment is used outside of its service area. However, during prolonged all-hazard activities (beyond 12- hours), the requesting party shall replenish chemical agents and fuel as needed; provide minor maintenance of all equipment; and provide for the well- being of personnel involved in the all-hazard activity. 14.The assurance of automatic aid set forth in this Agreement shall constitute the sole consideration for the performance. It is, therefore, understood and agreed that no money payments shall be made between the agencies, that no charges shall be assessed by any party against any other party, and that each party shall be fully responsible for all of its costs in connection with the performance of this Agreement except as provided for in Section 16 of this Agreement. 15.Nothing in this Agreement shall limit any party from participating in separate agreements with other fire jurisdictions and shall have no effect upon existing agreements. Additionally, nothing in this Agreement is intended to, nor shall it operate or be interpreted to, eliminate, modify, or abrogate the terms of other existing agreements. 16.This agreement will only be effective between the San Diego County Fire Protection District and Sovereign Tribal Nations upon the negotiations and approval of a separate addendum with Sovereign Tribal Nations to enact the terms and conditions of this Agreement. Other NZ agencies may also require a separate addendum with Sovereign Tribal Nations to enact the terms and conditions of this Agreement, provided that each Sovereign Tribal Nation agrees to negotiate and approve any terms and conditions in the addendum. 17.Subject to the provisions of any separate addendum between a Sovereign Tribal Nation and San Diego County Fire Protection District and/or any other NZ agencies pursuant to Section 16 of this Agreement, this Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue shall lie in the County of San Diego, State of California. Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 North Zone Automatic Aid Agreement – August 2024 Page 4 of 4 18.Nothing in the indemnification of this Agreement is intended to, nor shall it operate or be interpreted to, eliminate, modify, or abrogate the terms of agreements between a party owning a training facility and any other party with respect to the use or rental of such training facility by such other party. 19.This Agreement shall become effective upon the execution by all the agencies hereto and shall continue until terminated by mutual agreement of each of the individual agencies or until any party gives sixty (60) days written notice of intention to terminate to each of the other agencies. No cause shall be required for any termination. Termination of this Agreement by any party shall not terminate the Agreement with respect to the remaining agencies to the Agreement, each of which may determine their continued participation independently. Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 North Zone Automatic Aid Agreement – August 2024 EXHIBIT A PARTIES TO THE AGREEMENT RATIFICATION DATE CAL FIRE SAN DIEGO CAMP PENDLETON FIRE AND EMERGENCY SERVICES CITY OF CARLSBAD DEER SPRINGS FIRE PROTECTION DISTRICT CITY OF DEL MAR CITY OF ENCINITAS CITY OF ESCONDIDO NORTH COUNTY FIRE PROTECTION DISTRICT CITY OF OCEANSIDE PALA RESERVATION FIRE DEPARTMENT PAUMA RESERVATION FIRE DEPARTMENT RANCHO SANTA FE FIRE PROTECTION DISTRICT RINCON RESERVATION FIRE DEPARTMENT SAN DIEGO COUNTY FIRE PROTECTION DISTRICT CITY OF SAN MARCOS SAN MARCOS FIRE PROTECTION DISTRICT SAN PASQUAL RESERVATION FIRE DEPARTMENT CITY OF SOLANA BEACH VALLEY CENTER FIRE PROTECTION DISTRICT CITY OF VISTA VISTA FIRE PROTECTION DISTRICT Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 North Zone Automatic Aid Agreement – August 2024 IN WITNESS WHEREOF, this Agreement has been executed by the Parties by their duly authorized officers. JURISDICTION: By: Name: Title: By: Name: Title: Approved: Date City of Carlsbad Scott Chadwick City Manager APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney Jennifer True Assistant City Attorney Docusign Envelope ID: 5C787C0E-01D2-4FCB-BA01-355555443395 Docusign Envelope ID: 5C787C0E-01 D2-4FCB-BA01-355555443395 IN WITNESS WHEREOF, this Agreement has been executed by the Parties by their duly authorized officers. City of Carlsbad Name: Scott Chadwick Title: City Manage r APPROVED AS TO FORM: CINDIE K. McMAHON, City Atto'rney By: -�--=-·(tr_�_. _ThM, ____ _ Je nnifer TrueName: :...__ _____________ _ Title: _A_s_si_st_a_nt_C_it_y_A_t _to_rn_e_y ______ _ North Zone Automatic Aid Agreement -August 2024 Approved: \ D { \ � .[ io-i,� Date