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HomeMy WebLinkAbout1980-04-15; City Council; Resolution 6144f 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 6144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR JOINT TESTING OF FIREFIGHTER APPLTCANTS WITH THE CTTIE$ OF OCEANSIDE ,AND VISTA. WHEREAS, the Cities of Oceanside, Vista, and Carlsbad annually recruit and test for the position of Firefighter; and WHEREAS, it appears certain economy could be achieved by joint testing of all three cities for the position of Firefighter; and WHEREAS, the three cities have agreed to attempt joint recruiting for the position of Firefighter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to sign a joint testing for firefighter applicants' agreement with the Cities of Oceanside and Vista. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 15th day of Apri 1 , 1980, bv the following vote, to wit: .A AYES : Counci lmen Pac kard, Anear, NOES: None ABSENT: None ATTEST : (SEAL) Lewis, Councilwomen Casler and Kul chin AGREEMENT JOINT TESTING OF FIREFIGHTER APPLICANTS THIS AGREEMENT, made and entered into this day of I 1980, by and between the CITY OF OCEANSIDE, the CITY OF VISTA, and the CITY OF CARLSBAD, all of which are municipal corporations of California, hereinafter referred to as "Oceanside, "Vista", and "Carlsbad" . WITNESSETH WHEREAS, the parties hereto individually administer agility, written, and other examinations for the respective fire department applicants; and WHEREAS, it is to the mutual advantage and benefit of the parties here to combine and administer the aforesaid examinations in a joint testing program. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows. 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is to provide for the conduct by the parties jcintly of agility, writ-cen, and oral examina- tions for applicants seeking employment as firefighters with any.or all of the parties. This purpose will be accomplished by the joint preparation and implementation of common procedure for administering such test and by common use of test sites and test dates and contents of said tests as may be mutually agreed upon by the parties. 2. DUTIES: It is agreed that parties to this Agreement shall coopera- tively share recruitment, screening, processing, written testing, and agility testing and interviewing of firefighter applicants. 3. execution and other parties 4. TERM : a) This Agreement shall become effective upon any party may withdraw without cause by giving thirty (30) dags' written notice. COST AND LIABILITY: a) Allocation of Cost. The total cost of the its all of the joint test- ing program under this Agreement shall be shared equally by the parties. b) It is agreed that the following are costs to be shared equally under terms of this Agreement. . -2- (i) Newsp'aper and media advertising I (ii j rental and scoring of written examina.tions, (iii) rental or purchasing of supplies 2nd equipment for agility examinations, (iv) proctor meal expense's. (v) Preparation and printing of necessary forms and announcements, (vi) mailing expenses, (vii) processing of forms, (viii) proctoring of examinations, (ix) interagency examination planning and preparation, (x) other duties agreed to in writing by all parties to this Agreement. (c) Allocation of Liability. In the event any claim, demand, or suit is made against any party to this Agreement or loss, damage, injury and liability of any kind, nature, and description direct, or indirect arising from the performance of services under this Agreement, all of the parties hereto shall share all of the expenses of any such claim, demand, or suit, including, but not limited to, costs of defense, satisfaction of judgements, and settlements. Said expenses shall be shared equally pursuant to the provisions of Section 4 a) above and shall be applicable to all of the parties under this Agreement at the time, the circumstances causing the claim, demand, or suit occurred. 5. WORKERS' COMPENSATION BENEFITS: It is agreed that the parties to this Agreement shall individually be liable for the costs of defense, and/or payment of workers'compensation benefits to their own emplqyees which nay arise out of such employees' participation in the described processes. 6. DISTRIBUTION OF SURPLUS PROPERTY AND FUNDS ON TERMINATION: Upon termination of this Agreement, any property acquired by the joint exercise of powers and any surplus money on hand shall be distributed to the parties to the Agreement in proportion to the contributions they made. 7. RESPONSIBILITY: (i) This Agreement contains all understandings. This * document represents the entire and integrated agreement between Oceanside, Vista, and Carlsbad, and supersedes all prior negotiations, representations, or agreements, either written or oral inconsistent herewith. tions, California. All provisions of,this Agreement are expressly made condi- This Agreement shall be governed by the laws of the State of (ii) The parties to this Agreement are cognizant of the authorities and responsibilities granted and imposed by Sections 6500 through 6515 of the California Government Code (regulating Joint Powers Agreements). The parties and the joint fire testing system shall comply with the requirements imposed by said sections. -3- 8. ACCOUNTABILITY OF FUNDS This Agreement shall provide for strict accountability of all funds, including a detailed accounting of all receipts and of all disbursements which shall be made available upon request to all parties to this Agreement. .- 9. BONDING REQUIREMENT: Purchasing Officers of each of the contracting parties shall be the officers who shall have charge of and access to the property, and that their official bond with their employing agencies shall constitute the bond as required by Section 6505.1 of the California Government Code. 10. MISCELLANEOUS: The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the constitution and laws of said state and is to be so construed. To preserve a reasonable degree of flexibility, many parts of this Agreement are stated in general terms. that there will be operating memoranda executed and amended by all the parties hereto from time to time which will further define the rights and obligations of the parties hereunder. become effective when counter parts have been signed by each city. It is understood , This Agreement may be signed in counter parts and will ATTEST: CITY OF OCEANSIDE Its City Clerk, City of Oceanside Approved As To Form: City Attorney, City of Oceanside . ATTEST: -4- CITY OF VISTA City Clerk, City of Vista Approved As To Form: City Attorney, City of Vista Its ATTEST: Its Ma-yor Approved As To Form: .