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HomeMy WebLinkAbout1986-10-07; City Council; Resolution 88301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2- 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 -3- Mayor / City of Carlsbad . Carlsbad, California