HomeMy WebLinkAboutFire Protection and Rescue Services ,,!:=5• , camel UNTY OF LOS ANGET, S �'
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n! .-- POST OFFICE BOX 3009, TERMINAL ANNEX. LOS ANGELES. CALIFORNIA 90051
JOHN W. ENGLUND 267-2401
FIRE CHIEF
FORESTER & FIRE WARDEN
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ADOPTED
February 1 , 1985 BOARD OF SUPERVISORS R
• COUNTY OF LOS ANGELES 1
t
]. 8 FE B 2 6 1985
HONORABLE BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES I
383 HALL OF ADMINISTRATION �5, •`- 0 ►.2 /4. i
LARRY J. MONLILH
Dear Supervisors : EXECUTIVE OFFICER
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SUBJECT: REQUEST FOR APPROVAL OF AGREEMENT FOR EXCHANGE
OF FIRE PROTECTION AND RESCUE SERVICES BETWEEN -
THE COUNTY OF LOS ANGELES , THE FIRE PROTECTION
DISTRICTS OF THE COUNTY OF LOS ANGELES , AND THE
CITY OF ARCADIA (1)
It is the policy of your Honorable Board for this Department to
pursue mutual aid agreements in their various forms where such
possibility exists with other entities within this County and
surrounding counties. This Department is continuing to fulfill
its commitment to this policy through the development of agree-
ments with other fire protection agencies wherein such an agree-
ment is demonstrated to be mutually beneficial to both parties .
The Agreement which the Board is now asked to approve is an
Agreement for Exchange of Fire Protection and Rescue Services -
Automatic Aid/Initial Action between the County of Los Angeles ,
the County Fire Protection Districts , and the City of Arcadia. .
This Agreement is informally referred to as a "first-response"
form of assistance. This Agreement will allow the two parties
to provide reciprocal assistance based on station proximity to
an emergency incident regardless of jurisdictional boundaries .
I— permits For implementation of the provisions of this Agreement, it
permits the Fire Chiefs to develop and enter into a Memorandum of
Understanding as a guide for day-to-day operations between the
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF:
AGOURA HILLS BRADBURY GLENDORA LAKEWOOD NORWALK ROSEMEAD WESTLAKE VILLAGE
ARTESIA CARSON HAWAIIAN GARDENS LA MIRADA PALMDALE SAN DIMAS WHITTIER
AZUSA CERRITOS HIDDEN HILLS LANCASTER PARAMOUNT SIGNAL HILL
BALDWIN PARK CLAREMONT HUNTINGTON PARK LA PUENTE PICO RIVERA SOUTH EL MONTE
BELL COMMERCE INDUSTRY LAWNDALE RANCHO PALOS VERDES SOUTH GATE
BELLFLOWER CUDAHY IRWINDALE LOMITA ROLLING HILLS TEMPLE CITY
BELL GARDENS DUARTE LA CANADA FLINTRIDGE MAYWOOD ROLLING HILLS ESTATES WALNUT — MAR O I 1985
8
Honorable Board of Supervisors
February 1 , 1985
Page 2
City of Arcadia Fire Department and this Department . This
further permits the ability to address changing conditions .
There presently exists a Uniform Mutual Assistance Agreement
between the County of Los Angeles and its Fire Protection
Districts with the City of Arcadia. This Agreement authorizes
assistance to either party upon request of the party requiring
assistance. The Agreement you are being requested to approve
complements the Uniform Mutual Assistance Agreement and fills
the void of time and distance in the assignment of resources to
an emergency incident .
There is no additional County or Fire Protection District cost
involved in this Agreement . The Agreement will remain in effect
until either of the participating parties terminates it . Termi-
nation requires at least a 30-day notice.
County Counsel has approved this Agreement as to form.
IT IS THEREFORE RECOMMENDED THAT YOUR HONORABLE BOARD:
1. Approve the enclosed Agreement for Exchange
of Fire Protection and Rescue Services -
Automatic Aid/Initial Action between the
County of Los Angeles , the Fire Protec-
tion Districts of Los Angeles County and
the City of Arcadia.
2. Instruct the Chairman to sign all copies of
the Agreement and return two (2) copies to
the Forester and Fire Warden who will pro-
vide a copy to the City of Arcadia.
Yours very truly,
JOHN W. ENGLUND
JWE:at
Enclosures
cc: Chief Administrative Officer
County Counsel --
49 48 5
0
1 AGREEMENT FOR EXCHANGE OF
2 FIRE PROTECTION AND RESCUE SERVICES
3 AUTOMATIC AID/INITIAL ACTION
4
5 THIS AGREEMENT , is made and entered into this e day of
6 '1 , 1985 by and between the City of Arcadia
7 hereinaft referred to as the "City" and the County of Los
8 Angeles and all the Fire Protection Districts of Los Angeles
9 County, hereinafter referred to as the "County".
10
11 WITNES SETH:
12
13 WHEREAS , the parties to this Agreement provide fire protec-
14 tion and rescue services within their respective territorial lim-
15 its ; and
16 WHEREAS , it is in the best interest of the citizens of the
17 County and the City to provide the most expeditious response to
18 suppress fires and render other emergency assistance ; and
19 WHEREAS , each party is desirous of providing to the other a
20 reasonable and reciprocal exchange of fire and rescue services
21 on a day-to-day basis ; and
22 WHEREAS , this Agreement is authorized and provided for by
23 provisions of the Health and Safety and Government Codes of
24 the State of California and Acts and Statutes of the Federal
25 Government where applicable ;
26 NOW, THEREFORE, in consideration of these mutual
27 covenants , the parties hereto agree to as follows :
28 /////
76T576T- PS 12-82
"fir/ err►
♦ '
1
2 The City agrees to provide a designated fire or rescue re-
3 sponse, as determined by the Fire Chiefs of the County and the
4 City, upon request by the County, to that area located within
5 the jurisdiction of the County.
6
7 II
8 In return for the service to be provided by the City, the
9 County agrees to provide a designated fire or rescue response,
10 as determined by the Fire Chiefs of the County and the City,
11 upon request by the City to that area located within the juris-
12 diction of the City.
13
14 III
15 Upon receipt by the County of an alarm within the juris-
16 diction of the County, the County as the jurisdictional depart-
17 ment , will dispatch its nearest available and appropriate desig-
18 nated fire or rescue response to that alarm and also notify the
19 City fire dispatcher who will, in turn, dispatch the agreed-upon
20 response.
21
22 IV
23 Upon receipt by the City of an alarm within the City, the
24 City as the jurisdictional department , will dispatch its nearest
25 and appropriate designated fire or rescue response to that alarm
26 and also notify the County fire dispatcher who will , in turn,
27 dispatch the agreed-upon response .
28 /////
- 2 -
76T576T- PS 12-82
IN, Nue
1 V
2 The County and the City intend that this agreement will pro-
3 vide mutual benefits to all parties and herein authorize the
4 Fire Chiefs of the County and the City to revise any designated
5 areas or types of response periodically as may be dictated by
6 changing conditions and the requirements of mutual benefits to
7 all parties . It is agreed that substantial reductions of fire
8 protection and/or emergency medical forces by either agency
9 shall be cause for reconsideration of this Agreement .
10
11 VI
12 Details as to amounts and types of assistance to be dis-
13 patched, methods of dispatching and communications , training pro-
14 grams and procedures , methods of requesting aid, and the names
15 of persons authorized to send and receive such requests ,
16 together with lists of equipment and personnel which will be
17 utilized, shall be developed by the Fire Chiefs of the County
18 and the City. Such details shall be recorded in Memorandums of
19 Understanding and signed by both Chiefs of the County and the
20 City.
21
22 VII
23 In those instances where the aiding department arrives be-
24 fore the jurisdictional department , the aiding department will
25 take the necessary action dictated by the situation. However,
26 it is assumed that the jurisdictional department will arrive
27 shortly after the arrival of the aiding department . Therefore ,
28 the responsibility for coping with the situation will be
- 3 -
76T576T- PS 12-82
'tee Nireo
1 immediately assumed by the jurisdictional department upon its
2 arrival at the scene. The aiding department personnel will be
3 under the direction of the officer in charge of the jurisdic-
4 tional fire department . It is further agreed that the aiding
5 department will be released from the scene as soon as practical
6 by the jurisdictional fire department .
7
8 VIII
9 It is mutually understood and agreed that this Agreement
10 does not relieve either party from the necessity and obligation
11 of using its own resources for furnishing fire and/or rescue
12 service within any part of its own jurisdiction, and that the
13 aiding party' s response to a request for aid will be dependent
14 upon the existing emergency conditions within its own juris-
15 diction and the status of its resources .
16
17 IX
18 This Agreement shall not be construed as , or deemed to be
19 an Agreement for the benefit of anyone not a party hereto , and
20 anyone who is not a party hereto shall not have a right of
21 action hereunder for any cause whatsoever.
22
23 X
24 No party furnishing aid pursuant to this Agreement shall be
25 entitled to compensation for services rendered to the requesting
26 agency, it being understood that the respective covenants con-
27 tained in this Agreement shall constitute the sole consideration
28 for such services .
- 4 -
76T576T- PS 12-82
. F
1 XI
2 It is mutually understood and agreed that the party request-
3 ing assistance is not required to indemnify the party furnishing
4 assistance as to liability or damage imposed by law upon the as-
5 sisting party by reason of an act or omission of the assisting
6 party' s employees occurring in the performance of the service .
7
8 XII
9 This Agreement shall remain operative and effective until
10 participation is terminated by either party. It is further
11 agreed that either party may terminate the Agreement at any time
12 by giving written notice to the other party at least thirty (30)
13 days prior to the date of withdrawal.
14
15 XIII
16 It is mutually understood that this Agreement will in no
17 way affect or have any bearing on the existing Uniform Mutual
18 Assistance Agreement for Fire Protection and Rescue Services ,
19 which is between the County Fire Department and the City, nor
20 will this Agreement affect or have any bearing on the existing
21 California Master Mutual Aid Agreement .
22 /////
23 /////
24 /////
25 /////
26 /////
27 /////
28 /////
- 5 -
76T576T- PS 12-82
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1 IN WITNESS WHEREOF, this Agreement has been executed on the
2 day and year first above written and is effective and operative
3 as to each of the parties as herein provided .
4
5 COUNTY OF LOS ANGELES , and the CI OF A C DIA
FIRE PROTECTION DISTRICTS OF AO � `
6 LOS ANGELES COUNTY B 41 ( r
Mayor
7
Z:earcrit,-0. �y pf LOS,��1',8 � r►�.
Chairman of- the Board of Supervi'.�': ��►:�'
9 of the County of Los Angeles , a � � .� �� `x �� #,� i
in its capacity as the governin , .- ; '"° * ►f//�i/,_ `e, /...iY 1' 1
10 of said Districts
♦ ,,� .� .Ifs, C y er
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CAU p N\�`
12 ATTEST: APPROVED AS TO FORM:
13 LARRY J. MONTEILH , Executive By` f` `c `� //1
Officer-Clerk of the City Attorney
14 Board of Supervisors
15
B y
16 Deputy
17 APPROVED AS TO FORM:
18 DEWITT CLINTON
County unsel
19
20 By XfL'
ep y
21
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22
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23 ADOPTED
///// BOARD OF SUPERVISORS
24 COUNTY OF LOS ANGELES
/////
25 1 8 FEB 2 6 1985
26
///// _
27
///// LARRY J. MOMEILN
28 EXECUTIVE OFFICER
- 6 -
76T576T- PS 12-82
1.60. N000 656
JOINT INDEMNITY AGREEMENT
THIS AGREEMENT, dated for reference purposes on th da
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c7a6.41991, is made and entered into between the County of
Los Angeles, -sometimes hereinafter referred to as the "County",
and the City of APrexpe. a ,, sometimes hereinafter referred to as
the "City. "
This agreement is entered into based upon the following -
facts:
(a) City and County have contracted for the performance of
services by County, its officers, agents and employees, and may
in the future extend, renew and amend such contracts, and enter
into other and further contracts for the performance of services,
all of which are hereinafter referred to as "service contracts";
(b) Pursuant to Government Code Section 895. 6, if the
agreements between City and County fail to specify how the
responsibility for liability for injuries to persons or property
is to be allocated, each entity is to contribute an equal share
of the amount of any judgment based on an injury that occurs in
the performance of the agreement;
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(c) Pursuant to Government Code Section 895.4, the City and
County may allocate the ultimate financial responsibility among
themselves in whatever manner seems most desirable to them;
(d) County has established the Contract Cities Trust Fund
(sometimes hereinafter referred to as "Trust Fund") into which
County will deposit designated portions of the funds received
from City and other cities as compensation for the performance of
services;
(e) County is willing to perform the services for City if
City is willing to contribute to the Trust Fund as a part of the
compensation for the performance of the services;
(f) City is willing to have County provide the services and
to contribute to the Trust Fund as a part of the compensation for
the performance of the services;
(g) Utilizing the Trust Fund, County is willing to assume
liability and defend and hold City harmless from any loss, cost
or expense caused by the negligent or wrongful acts or omissions
of County officers, its agents or employees, occurring in the
performance of said agreements.
2
f.
(h) Using its own funds and without contribution from the
Trust Fund, City is willing to assume liability and defend and
hold County harmless from loss, cost or expenses caused by the
negligent or wrongful act or omission of City officers, agents or
employees occurring in the performance of agreements between the
parties.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. establishment of Trust Fund
City and County agree that the Auditor-Controller of the
County shall establish a fund for the payment of losses for which
County may be liable under the terms of this agreement.
County agrees to maintain the fund, to be known as the Contract
Cities Trust Fund, for the purposes set forth in this Agreement.
2. Control of Trust Fund
City and County agree that the Trust Fund is under the full
control of County.
3. payment to Trust Fund
City agrees to make payment to the fund, and County
agrees to require each City receiving services under service
contracts to also contribute to the fund.
Payments towards the total amount of the fund shall be made
by City in such amounts as may be established by County Trust
3
6
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Fund Administrator with concurrence of Auditor-Controller
according to the policy and procedures established by County.
Such payments may be at a rate calculated separately for
each specific service provided by County through its performance
of service contracts during each fiscal year.
4. Sufficiency and Use of Trust Fund
To the extent that County has agreed to indemnify, defend
and hold harmless City, its officers, agents and employees under
this agreement, said obligation shall continue to exist during
the term of this agreement whether or not there are sufficient
funds for such indemnity, defense or hold harmless in the Trust
Fund.
If in the discretion of the Trust Fund Administrator the
Trust Fund balance is inadequate to fund contract cities
liabilities, the Auditor will advance from the County's funds
amounts necessary to temporarily finance such liabilities.
City agrees, together with others who will be required to
make like contributions, to contribute upon demand by the Trust
Fund Administrator such sums as the Trust Fund Administrator
determines are necessary to replenish the Trust Fund so that the
County's funds may be reimbursed.
The Trust Fund shall reimburse the County's funds for all
4
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such costs temporarily advanced on behalf of the Trust Fund with
interest at County treasury rate within one calendar year from
the date of the County's advance.
It is further understood that County may also utilize said
fund for the purchase of commercial insurance and claims
management services and for the payment of other costs to cover
all or any part of County's exposures hereunder.
5. Indemnity from the Trust Fund
Utilizing the Trust Fund, County will undertake to
investigate, defend and pay any losses, costs, settlement awards,
judgments or expenses originating from claims or litigation based
or alleged to be based upon the negligent or wrongful act or
omission of County officers, agents or employees engaged in the
performance of services for City pursuant to the service
contracts.
County will not undertake this responsibility if the
liability is based or alleged to be based upon the negligent or
wrongful act or omission of City, its officers, agents or
• employees occurring during the performance of the service
contracts. Where County contends that the City is partially
responsible through its negligence or wrongful act or omission,
County shall still undertake the responsibility herein imposed,
5
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1
but County may, by written notification to City, reserve its
right to claim indemnification from the City for that portion of
the loss, cost, settlement, award or judgment attributable to the
City's negligence or wrongful act or omission.
Except for its contribution to the Trust Fund, City will not
be liable for defense costs or for holding County harmless from
loss, costs, or expenses caused in whole or in part by the
negligent or wrongful act or omission of County, its officers,
agents and employees occurring during the performance of the
services pursuant to the contracts.
6. Indemnity by City
a. Acts or Omissions
City will undertake to investigate, defend and pay
any losses, costs, settlement awards, judgments, or
expenses originating from claims or litigation based or
alleged to be based in whole or in part upon the
negligent or wrongful act or omission of City, its
officers, agents or employees occurring during the
performance of the service contracts.
b. Dangerous Conditions of City Property.
When liability is based or alleged to be based on
a dangerous condition of City property pursuant to S830
6
t
et. seq. of the Government Code (including, but not
limited to, the plan or design of the City property) ,
City shall assume liability and defend and hold County
harmless from any loss, cost or expegse caused by the
negligent or wrongful act or omission of City, its
officers, agents or employees.
c. exception for Maintenance or Inspection of
City Property
Where a duty is imposed on County pursuant to a
service contract to provide maintenance or inspection
services pertaining to City property, County shall
utilize the Trust Fund to investigate, defend, and pay
any losses, costs, settlement awards, judgments or
expenses originating from claims or litigation
allegedly based upon the existence of a dangerous
condition of City's property as a result of the
negligent or wrongful act or omission of County
officers, agents or employees in the performance of
such service contracts.
7
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7. NO Funding of City's Unilateral Settlements or
Litigation
Should City agree, or stipulate or consent to the settlement
of any claim or action, the making or entry of any judgment,
order or other award for damages or for other relief against
itself or any of its officers, agents or employees or against
County or its officers, agents or employees in any proceeding or
action authorized by law, involving a matter arising out of the
performance by County pursuant to the service contracts, without
• the prior written consent. thereto of County, then City agrees to
indemnify, hold harmless and defend County from any loss, cost or
expense sustained by County arising from such claim, judgment or
other award irrespective of the legal basis upon which liability
may be imposed by such claim or action, including liability of
County under the provision of S895.2 of the Government Code.
8 . Cooperation in Assumption of Liability
City and County agree to fully cooperate and assist each
other in all matters relating to losses covered by the terms of
this agreement.
More specifically, but not limited thereby, each party will:
(a) In the event of a claim or suit or an occurrence likely
to involve a claim or suit covered by this agreement, give prompt
8
'11100e ,1100
I
written notice to the other party. Written notice shall contain
the name and address of the person or organization sustaining
injury or damage, and of any witnesses, as well as the time,
place and circumstances of the occurrence.
(b) If claim is made or suit is brought against a party on
occurrences covered or likely to be covered by the terms hereof,
such party shall immediately forward every claim, demand, notice,
summons or other process received by it to the other party.
c) Cooperate with the other party and, upon the other
party's request assist in the processing of suits and enforcing
any right of contribution or indemnity against any person or
organization who may be liable to the other party for injury or
damage covered by this agreement; attend upon request hearings
and trials, assist in securing and giving of evidence and
obtaining the attendance of witnesses.
9. participation in Litigation
Any party may as its own cost participate in the defense of
any suit, or in the prosecution of any appeal affecting matters
herein involved where the duty of defense or prosecution is
imposed on the other party, and where the other party has
consented thereto.
9
Sipe NWO
I
10. Application of Agreement to Other Agreements
This agreement shall apply to and shall be deemed to be a
part of all agreements now existing or hereafter entered into
including amendments, renewals, or other extensions thereof,
wherein City and County have contracted under circumstances
wherein the liability of City and County is joint and several
under 5895.2 of the Government Code of the State of California.
11. Control over Prior Agreements
Any references in service contracts to the "Assumption of
Liability Agreement" shall be deemed to be to this Agreement.
The provisions of this agreement shall supersede and control
over any other provisions inconsistent herewith in any such
contract, and control future agreements between the parties
hereto unless by specific reference therein this Joint Indemnity
Agreement is made inapplicable. .
12. Termination of Agreement
This agreement shall continue during the term of any service
contract between City and County unless:
• (a) County elects to terminate this agreement upon thirty
days written notice to City.
(b) Upon County's election, if City fails to cooperate with
County as required by this agreement.
10
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(c) Upon County's election if City authorizes any judgment,
order or other award for damages without the consent of County in
violation of the terms and provisions of this agreement.
(d) Upon County's election in its absolute discretion to
terminate this Joint Indemnity Agreement as to all cities having
such service contracts with County.
On the termination of this agreement, City shall not be
entitled to return of any consideration paid by it towards the
Trust Fund. Termination of this agreement shall not relieve City
of its obligation to make contributions as required by
Paragraph 4 .
13. Termination of Service Contracts Between
County and City,
On termination by City of service contract with County or
termination of said contract by County for any cause, County
and/or City shall continue to defend, indemnify and hold harmless
the other party for all claims and losses pursuant to the terms
of this agreement arising prior to the effective date of said
termination.
11
IN WITNESS WHEREOF, the parties hereto have caused this
•
agreement to be executed by their duly authorized officers the
day and year hereinafter set forth.
CITY 0! /
• By i/.
Mayor
AP OVED AS 0 FORM; ATTEST this /7 7.4 day of Or-t. , 1991
By lid
By 4 .�-t
Mac ael H. filler ,,. Ci Cle
Arcadia City Attorney •-
•ONT O! LOS EL L3
:y
Chairman, Board of Supervisors
s ` ` ATTEST thiq day O Mjtj991
.'r, LARRY J. MONTEILH
• s"`;..;:
7 ', Exec ive Officer
14 B•` of Supervisors
B
Deputy
APPROVED AS TO FORM:
DE WITT W. CLINTON County Counsel fl f
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By ,�-. �/ i