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HomeMy WebLinkAboutC-2973) Im - o AGREEMENT FOR AUTOMATIC AID OF BATTALION CHIEF SERVICES By and Among THE CITY OF ARCADIA AND THE CITY OF MONROVIA AND THE CITY OF SIERRA MADRE THIS AGREEMENT is, made and entered into this A0 day of 2015 by and between, the CITY OF ARCADIA (AFD), the CITY OF MONROVIA (MFD), and the CITY OF SIERRA (SMFD) (collectively hereinafter referred to as "CITIES "). WHEREAS, the CITIES operate County of Los Angeles by providing fire, within their respective jurisdictions; and independent fire departments within the rescue and emergency medical services WHEREAS, the CITIES, pursuant to Title 19, Division 2 of the State's Code of Regulations, are considered by the State of California Office of Emergency Services to constitute Operational Area C of Los Angeles County, one of five counties comprising Region I of the statewide emergency response system; and WHEREAS, the CITIES have found it to be of mutual benefit if the services of each fire department are in some limited and predefined circumstances extended outside of the limits of each jurisdiction into the boundaries of the other; and WHEREAS, the CITIES have operated with both automatic and mutual aid agreements for several decades in an effort to assist departments and their respective communities; and WHEREAS, it is necessary and desirable that CITIES coordinate efforts for the provision of automatic aid on an area -wide basis and for purposes of this Agreement, Automatic Aid shall mean assistance dispatched automatically by contractual agreement without request and Mutual Aid shall mean aid provided to another agency upon request; NOW, THEREFORE, for and in consideration of the covenants contained herein, the CITIES hereby agree as follows: Purpose. The purpose of this Agreement is to provide for cooperation in the suppression of fires and protection of life and property within the City of Sierra Madre by providing Battalion Chief Services for the purposes of the Incident Management System while working fire, rescue, or other emergency incidents with the City of Sierra Madre. Agreement for Battalion Chief Service 2. Duration of Agreement. This Agreement shall become effective upon the execution of this Agreement by the respective City Manager for each city party to this Agreement. The Agreement shall automatically renew itself from year to year thereafter, until terminated. Any party may terminate its participation in the Agreement at any time by giving written notice to the other parties at least sixty (60) days prior to the date of termination. The Agreement shall remain in effect with respect to the remaining parties until and unless all of the parties to the Agreement terminate their participation. 3. Administration. For purposes of liaison and the administration of this Agreement, the respective Fire Chief for each city party to this Agreement, or his /her designee, is designated as its representative, and collectively, they shall be responsible for administration of this Agreement. 4. Response Area. This Agreement is entered into in attempt to create an automatic aid process where responses to incidents are made by the closest and most appropriate Battalion Chief (AFD or MFD), even where the service response area is not included within the individual agency's jurisdictional boundary. AFD and / or MFD agree to respond to any reported fire, rescue or emergency incident requiring a response of a Battalion Chief into the City of Sierra Madre and its boundaries only. Said responses shall not require any specific request but shall be automatic upon dispatch by the Verdugo Fire Communications Center which shall generally follow the dispatch parameters as determined in advance. 5. Provision of Services. When either AFD or MFD responds auto -aid into the City of Sierra Madre under this Agreement, the Battalion Chief of the responding jurisdiction shall be in command of all staffing and equipment committed to the incident; however, the first officer at the scene will be in command even if it is not their jurisdiction. Command will then be reasonably passed to the AFD or MFD Battalion Chief arriving on scene of the incident. The Incident Command System will be utilized, however the AFD or MFD Battalion Chief will remain in charge of the incident. SMFD Command Staff on scene will resume the role of "support" for the Incident Commander. It shall be the responsibility of the Incident Commander on scene to utilize the staffing and equipment necessary to the extent that is required to bring the emergency under control. Request for Mutual Aid may be made by the Incident Commander acting as an agent of the City of Sierra Madre and SMFD. Any cost incurred from Local, State, or Federal agencies as a result of a Mutual Aid request within the boundaries of Sierra Madre will be the responsibility of the City of Sierra Madre. Under this agreement AFD and MFD Battalion Chiefs are responsible for Incident Management only at the scene and will report any unsafe practices or concerns with SMFD personnel to the Director of Public Safety for the City of Sierra Madre. Page 2of5 Agreement for Battalion Chief Service 6. Costs and Reimbursements. All services provided by either AFD or MFD under this Agreement shall be performed, and shall be paid by the City of Sierra Madre, at a rate of $85 per hour with a minimum charge of one hour and increments of one hour per each individual service response. The hourly rate will start at the time of dispatch and will end at the time the AFD or MFD Battalion Chief goes available. The CITIES agree that the review of this Agreement and the associated cost shall be re- evaluated every two years from the effective date of this Agreement, prior to any automatic extension for the subsequent year. 7. Priorities of Response. The CITIES understand and agree that a responding agency's response to a request for aid shall depend upon any existing emergency conditions within its own jurisdiction and the availability of its resources, with the priority for each agency's resources being an emergency situation in the agency's jurisdictional area. 8. Indemnity. Notwithstanding the provisions of Government Code 895.2, each party shall defend, indemnify, and hold harmless the other party and its officers, agents, employees and representatives from any and all losses, liability, damages, claims, suits, actions and administrative proceedings, and demands and all expenditures and costs, including reasonable attorneys' fees, relating to acts or omissions of the indemnitor, its officers, agents or employees arising out of or incidental to the performance of any of the provisions of this Agreement. No party assumes liability for the acts or omissions of any other party or persons other than each party's respective officers, agents or employees. 9. Liability Insurance. Each party shall maintain, during the life of this Agreement, a policy of liability insurance naming the CITIES as an additional insured party in the amount of $2,000,000.00 per occurrence with aggregate liability coverage of $2,000,000.00. In the alternative, a party may self- insure in accordance with the above referenced liability amounts. 10. Waiver. By entering this Agreement, no party waives any of the immunities provided by the Government Code or other applicable provisions of law. This Agreement is not intended to confer any legal rights or benefits on any person or entity other than the parties of this Agreement. 11. Amendments. This Agreement may be amended from time to time by the unanimous written agreement of the Parties. This Agreement represents the entire integrated agreement among the Parties as to its subject matter. 12. Parties Operate Independently. Nothing contained in this Agreement shall be construed to make any party hereto or any of its officers, agents or employees the officer, agent or employee of any other party. Employees of any party performing services in accordance with this Agreement shall remain employees of that party for the purposes of workers' compensation and other laws, and no party shall have liability for injury to an employee of another party. 13. Notification. All notices herein required shall be in writing and delivered in person or sent by first class mail, postage prepaid, addressed to the Fire Chief. Page 3 of 5 Agreement for Battalion Chief Service IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by the proper officers hereunder duly authorized, their official seals to be heretofore affixed. This Agreement may be signed in counterparts. Date: S 5 ATTEST: B 1 \-�_ Alice Atkins, City Clerk APPROVED AS LE Attorney CITY OF MONROVIA A M. Oliver Chi City Manager day of �. 2015 CITY OF ARCADIA Date-5,0,0- to 12-01151 By: Dominic Lazzare o City Manager ATTEST: By: - IW4, VV'ti� " 1 l .y Clerk APPROVED AS TO FORM THIS �_ day of 2015 By: Stephen P. Deitsch, City Attorney Page 4 of 5 Agreement for Battalion Chief Service CITY OF SIERRA Date: �°�? 3 ATTEST: By: & --.) Na cy Sholl n erger, City Clerk APPROVED AS TO FORM THIS d day of 2015 By: Terri Hig ith, City Attorney Page 6 of 5