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
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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
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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.
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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
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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
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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
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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 -
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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
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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
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