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HomeMy WebLinkAboutC-2651 - Automatic Aid Agreementz�s/ NT AMONG THE CITIES OF THIS AGREEMENT is made and entered into by and among the CITY OF FOUNTAIN VALLEY, a municipal corporation, hereinafter called "FOUNTAIN VALLEY," the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "HUNTINGTON BEACH," the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter called "NEWPORT BEACH," the CITY OF WESTMINSTER, a municipal corporation, hereinafter called "WESTMINSTER," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter called "COUNTY." WHEREAS, FOUNTAIN VALLEY, HUNTINGTON BEACH, NEWPORT BEACH, WESTMINSTER, and COUNTY each maintain as part of their emergency services an organized and equipped fire department, charged with the duty of fire protection, rescue, emergency medical, hazardous materials and fire investigation services within their respective corporate limits of each CITY and Midway City and Sunset Beach, the unincorporated area of the COUNTY; and Investigation has disclosed that it would be to the benefit of each CITY and the COUNTY that the services of each fire department be in some circumstances extended outside of the respective corporate limits of each CITY and Midway City and Sunset Beach, the unincorporated area of the COUNTY, and into the other CITIES and COUNTY respectively; and The parties hereto desire to enter into an automatic aid response pact, wherein in some circumstances one party will first respond to a fire, rescue, hazardous materials or emergency 1 medical incident within the geographical limits of another party; NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: 1. SERVICES• The parties hereto, pursuant to the authority granted by California Government Code Section 55632 and subject to California Government Code Section 55634, do hereby contract to automatically respond to fire, rescue, hazardous materials, and medical emergencies and fire investigations outside their respective corporate or unincorporated geographical limitations, and within the corporate area of said cities or the unincorporated areas of Midway City and Sunset Beach. Except that the City of Westminster shall not be obligated, by the terms of this Agreement, to provide Automatic Aid to the unincorporated areas of Midway City or Sunset Beach; however, this exception shall not impair any existing agreements concerning Mutual Aid by the City of Westminster. Each of the parties hereto will provide for fire company emergency response and coverage to geographical areas of the other CITIES and COUNTY, accompanied by a minimum of three (3) men, including a company commander, under the terms and conditions as shall hereinafter appear. Each of the parties hereto will provide emergency medical service to geographical areas of the other CITIES and COUNTY, accompanied by a minimum of two (2) certified paramedics under the terms and conditions as shall hereinafter appear. It is further understood and agreed by and among the parties hereto that the automatic aid service mutually agreed to be rendered pursuant to this Agreement shall include inter - related K 0 fire, rescue, and hazardous materials services. It is further understood and agreed by and between the parties hereto that each CITY and COUNTY may cooperate and assist each other in matters of fire investigation services. It is further understood and agreed that each CITY and COUNTY shall provide the necessary police traffic control personnel within its geographical boundaries, and that traffic light control, if any, shall be the responsibility of each CITY and COUNTY within its own geographical boundaries. 2. INSURANCE: Each party respectively shall provide and maintain a sufficient self- insurance program or liability insurance to protect it from casualty losses by reason of the activities contemplated by this contract, and each party so insured shall provide each other party with a certificate of insurance, and shall cause their insurance carriers to have each other party jointly insured under any such liability insurance policy, to the extent of the activities contemplated by this contract. Each CITY and COUNTY hereunder shall comply with the workmen's compensation laws of this jurisdiction without cost to the other CITIES and COUNTY, and each CITY and COUNTY shall pay its own personnel without cost to the other CITIES and COUNTY, said pay to include existing employee benefits such as vacation time, retirement, shift arrangements, health and accident insurance, and such other benefits as exist in each CITY and COUNTY, all without cost to the others. 3 .a 3. INDEMNIFICATION; No party, nor any of its officers, agents or employees shall assume any liability by reason of anything done or omitted to be done by the remaining parties or any of them or by their officers, agents and employees under or in connection with any work performed pursuant to this Agreement. Each party (indemnitor) agrees to defend and save and hold harmless the other parties (indemnitee) to this agreement and each of them and their officers and employees from any and all liability, loss or cost, that indemnitee may incur by reason of any death or any injury to person or to property which occurs as result of any act or omission of indemnitor its, officers or employees. In the event that legal action is brought against any party then such party shall immediately forward to each other party and all of them a copy of the Summons and Complaint in such action. In the event that two or more parties are charged with concurrent negligence in a legal action or actions brought jointly against two more such parties then each defendant shall bear its own defense and costs. If final judgement is entered against any such party or parties, any apportionment of damages between such joint defendants shall be made in the verdict or decision of the court. 4. EQUIPMENT: Each of the parties hereto shall be fully responsible for all repairs, maintenance and upkeep of all equipment in use pursuant to this Agreement, while said equipment is used outside its geographical limitations, said repair, maintenance and upkeep to 4 0 include gas, oil, lubrication, parts replacement and repair of casualty damage. It is further understood and agreed by and between the parties hereto that each CITY and COUNTY warrants and represents that it has sufficient equipment to handle the involvements which shall be assigned to it through the agreed response pattern. It is understood and agreed by and between the parties hereto that only standard, interchangeable equipment will be used, pursuant to this Agreement, and that in the event any equipment or fixtures are not standard or interchangeable, the same will be modified or made adaptable, i.e., hose adapter, etc., at the cost and expense of the CITY or COUNTY owning the equipment prior to the time that any of said equipment is used outside of the jurisdiction of the CITY or COUNTY owning said equipment, pursuant to this Agreement. 5. ADMINISTRATION: It is further understood and agreed by and between the parties hereto that, for the purposes of liaison and the administration of this contract, it is hereby designated that the fire chiefs of each CITY and COUNTY shall jointly be responsible for the administration of this contract. It is also understood and agreed that this responsibility may be delegated to agents or employees of the respective fire departments of the CITIES and COUNTY, and that each party shall furnish the others in writing the names and rank of all participating officers. It is further understood and agreed by and among the parties hereto that each CITY and COUNTY will provide a predetermined grid 19 mapping system designating the response areas for each CITY and COUNTY, all of which shall be developed in each CITY and COUNTY at its own cost. It is further understood and agreed that where a CITY or COUNTY responds outside its geographical boundaries or area that the other CITY and COUNTY will provide, when available, an officer of its department of the grade of Battalion Chief or greater, who will be in charge and will direct activities. This Agreement shall remain in full force and effect from and after the date hereof, providing that the same may be terminated by any of the parties if written notice is given to all parties ninety (90) days prior to such a termination. This Agreement shall be reviewed by the parties hereto at least annually. IN WITNESS WHEREOF we have caused this Agreement to be executed the day, month and year appearing below. EXECUTED at Fountain Valley, California this 13th day of July , 1989. ATTEST: CITY OF FOUNTAIN VALLEY a municipal corporation l l rity -: C i e < iJ By or A PROVED AS TO FORM: it ager City Attorney 11 40 EXECUTED at Huntington Beach, Cal- f ornia, this .f� day of `AAAd�l— , 19 ATTEST: /i w ; m CITY OF HUNTINGTON BEACH, a Municipal corporation or APPROVED AS TO FORM: C?i V 11Wr�ne Chief Executed t Newport Beach, lifornia, this day of „J19� CITY a Mu ATTEST: OF NEWPORT BEACH, ZY44�� 1 City Attorndyv a i e Chief - 7 - City -Clerk City Manager OF NEWPORT BEACH, ZY44�� 1 City Attorndyv a i e Chief - 7 - 0 EXECUTED at Westminster? California this day of 198's. -- ATTEST: CITY OF WESTMINSTER a municipal corporation - -- By jl/ L� I/ ity MaaA Mayor -City Clerk - - -�1/ FORM: EXECUTED at Santa Ana, California this of , 1987. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors COUNTY OF ORANGE a political subdivision By day Chairman Board of Supervisors APPROVED AS TO FORM: County Counsel EXECUT at Westminster, California this i�c day of 1988. ATTEST: ity Manager City Clerk CITY OF WESTMINSTER a municipal corporation By � f V Mayor EXECUTED at Santa Ana, California this of , 1987. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ATTEST: Clerk of the Board of Supervisors i COUNTY OF ORANGE a political subdivision 0 day Chairman Board of Supervisors APPROVED AS TO FORM: By County Counsel ,I 0 EXECUTED at Westminster, California this day of 1987. ATTEST: CITY OF WESTMINSTER a municipal corporation By City Manager Mayor APPROVED AS TO FORM: City Clerk City Attorney EXECUTED at Santa Ana, California this day of , 1987. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD #0&/ Clerk of the Board of Supervisors M COUNTY OF ORANGE a political subdivision Chairman Board of Supervisors APPROVED AS TO FORM: By evf' — � Vl� County Counsel 2/i 71S&