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HomeMy WebLinkAboutC-4305 CLVbD5 `\ O AGREEMENT FOR AUTOMATIC AID OF BATTALION CHIEF SERVICES By and Between THE CITY OF ARCADIA AND THE CITY OF SIERRA MADRE THIS AGREEMENT is, made and entered into this I I +h day of /'vla c61 ,2020 by and between the CITY OF ARCADIA ("AFD"), and the CITY OF SIERRA MADRE ("SMFD") (individually hereinafter referred to as"CITY"and collectively as "CITIES"). WHEREAS, the CITIES operate independent fire departments within the County of Los Angeles by providing fire, rescue and emergency medical services within their respective jurisdictions; and 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 their fire departments and their respective communities; and WHEREAS, it is necessary and desirable that the 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 also aid provided to another agency upon request; NOW, THEREFORE, for and in consideration of the covenants contained herein, the CITIES hereby agree as follows: 1. 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 means of Arcadia 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. 2. Duration of Agreement. This Agreement shall become effective for a term of one year upon the execution of this Agreement by the respective City Manager for each City. The Agreement shall automatically renew itself from year to year thereafter, unless and until terminated by either City. Either City may terminate its participation in the Agreement at any time by giving written notice to the other City at least sixty (60) days prior to the date of termination set forth in the notice. 3. Administration. For purposes of liaison and the administration of this Agreement, the respective Fire Chief for each City, 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 AFD Battalion Chief, even where the service response area is not included within the AFD's jurisdictional boundary. AFD agrees to respond to any reported fire, rescue or emergency incident requiring a response of a Battalion Chief into the City of Sierra Madre 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 AFD responds auto-aid into the City of Sierra Madre under this Agreement,the Battalion Chief 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 Battalion Chief arriving on scene of the incident. The Incident Command System will be utilized; however the AFD Battalion Chief will remain in charge of the incident. SMFD Command Staff on scene will assume 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 available and required to bring the emergency under control. Request for additional resources through automatic or 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 shall be the responsibility of the City of Sierra Madre. Under this Agreement the AFD Battalion Chief is responsible for Incident Management only at the scene and will report any unsafe practices or concerns concerning SMFD personnel to the Fire Chief or designee for the City of Sierra Madre. 6. Costs and Reimbursements. All services provided by AFD under this Agreement shall be performed, and shall be paid by the City of Sierra Madre to the City of Arcadia, at the hourly Battalion Chief standby rate as adopted by the current City of Arcadia Fee Schedule, with automatic increases per the City of Arcadia's Fee Schedule adjustments. All responses by AFD will cause a minimum charge to the City of Sierra Madre of one hour and shall be billed and paid in increments of one hour for each individual service response. The hourly rate will start at the time of dispatch and will end at the duration of the incident-The CITIES agree that the review of this Agreement and the associated cost shall be re-evaluated at least every two years from the effective date of this Agreement, and otherwise in their discretion prior to any automatic extension of this Agreement for the subsequent year. 7. Priorities of Response.The CITIES understand and agree that the ability of a City to respond 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 City's resources being an emergency situation in that City'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 other City 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 of the other City. 14. Counterpart Execution. This Agreement may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested to by their respective and proper officers hereunder duly authorized. CITY OF ARCADIA Date: Trycatczr,O, VI1702R Dominic Lazzarett '` City Manager ATTEST: BY: s inert City Clerk APPROVED AS TO FORM THIS I j h day of Ma t i 2020 By: - Ta U Stephen P. Deitsch City Attorney [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] CITY OF SIERRA MADRE 1 Date: S - l "1 I ? By: Gabriel L. Engeland City Manager ATTEST: F By: _ /42—' Sue Spears City Clerk APPROVED AS TO FORM THIS Vein day of 0,af(A' _2020 By: Si A eks,'. Giragosian City Attorney