HomeMy WebLinkAboutCity of Clovis - Automatic Aid Agreement for Fire Protection, Hazmat and Urban Search and Resuce Services 7/1/2011AUTOMATIC AID AGREEMENT
_ FOR FIRE PROTECTION, HA2MAT AND
URBAN SEARCH AND RESCUE SERVICES
E:
On This Agreement is made and entered Into on this day of Lr.� 2011, by and
' between the CITY OF FRESNO, a municipal corporation, hereinafter re& o as "FRESNO,"
and the CITY OF CLOVIS, a municipal carpora ion, hereinafter referred to as "CLOVIS"
WITNESSETH:
WHEREAS, In certain agreements between the parties hereto, dated February 1, 1979,
June 9. 1981, and Ami 20. 1995, the parties agreed to provitle emergency response services;
and
WHEREAS, d is the mutual desire of the parties hereto that the provisions of this
Agreement shall supareetle the previous agreements and all notices provided thereunder ark
WHEREAS, each of the parties are parties to the California Diameter and Civil Defense
Master Mutual Aid Agreement with the State of California pursuant to the California Emergency
Services Ad for purposes of requesting mutual ad in connection with any incident which cannot
be handled adequately by the pant's respective fire dop etrnent, and
WHEREAS, CLOVIS and FRESNO declare it is in the public interest to enter Into a
reciprocal agreement to provke automatic aid to areas along Noir respective mutual borders;
and
WHEREAS, the parties have me common pourer to provide fire protection, haemet and
urban search and real services and desire to jointly exercise said power pursuant to the
authority granted under Sections 6502 ark 55632 of the Callomia Government Code and
Section 25600 of the California Health and Safety Code; and
WHEREAS, the parties desire to maximize the delivery of emergency services while
minimizing the cost of dalNering said services by responding with the appropriate nearest
available apparatus necessary to protect life, propeM, and me environment.
AGREEMENT
NOW. THEREFORE, in consideration of the foregoing and of the covenants, conditions,
antl premises hereinafter contained to be kept and performed by the respective parties, tl Is
mutually agreed as follows:
SECTION I. TERM AND TERMINATION OF AGREEMENT.
(a) This Agreement shall be effective as of the day and year hereinabove written and
shall end on June 30, 2016, unless extended by mutual written agreemerrc N the parties or
terminated pursuant to the following paragraph.
(b) This Agreement may be terminated by either party as to its rights and obligations
under this Agreement upon 30 days prior wMren notice to the other party.
SECTION 2. DEFINITIONS. Unless the psrowler provide n or context otherwise requires, the
definitions contained In this section shall govem the construction, meaning, and application of
wards and phrases used in this Agreement.
(a) "Automatic aid" shall mean sending the nearest appropriate resource based on
predetermined resource needs due to the type of Incident without need for prior approval.
(b) "Emergency medical service" shall mean basic Ids support service, not including
paramedic service.
(c) "Emergency response" shall mean immediate response and use of red lights
and siren by responding units.
(d) "Fire apparatus' shall mean any engine company, truck company, urban search
and rescue response vehicle and team, hazardous material response vehicle and team; each
including apparatus, equipment and personnel.
(e) "Fire protection servicesshall mean firefighting capacity to contain, control, and
extinguish Ores, the mitigation of fire -related hazards', and emergency medical services.
(f) "Hazardous materials response team" shall mean the personnel assigned as
such and having no less than the hazardous materials techniclan level of training as required by
the State of California and in conformance with 29 CFR 1910.120.
(g) "Hazardous materials response vehicle" shall mean a vehicle and the tools and
associated equipment therein assigned, specifically designed for use at hazardous materials
incidence
(h) "Hazmat services" shall mean services provitletl at hazardous materials incidents
by a hazardous materials response Beam.
(1) "Incident commander" shall mean the person in overall command at the incident
as defined in the National Incident Management System, CalHornia Vehicle Code Sections 2453
and 2454, or by such other agreement as providetl by law.
0) "Mutual aid" shall mean request of resources based on the needs determined by
the managers of the incident and subject to authorization by the responding Pant for each
request.
(k) "Nearest available apparatus" shall mean the fine apparatus of the appropriate
type closest in travel time to the incident.
(1) "Requesting patty" shall mean any party to this Agreement who requests any fire
protection, marred, or USR sernce response within has jurisdiction from another party pursuant
to this Agreement.
(m) "Responding party" shall mean any parry to this Agreement who receives a
request for any fire protection, hazmaq or USR service response within the tuns iction of the
requesting party pursuant to Nis Agreement.
(n) "Urban search and rescue" and "USR" shall each mean and refer to the technical
rescue of shipped person or persons by trained antl equipped fire serves personnel.
(o) "Urban search and rescue response team" shall mean firefighting personnel
uoss trained as specialized rescue personnel and having been trained and designated M such.
(p) "Urban search and rescue response vehicle" shall mean a vehicle with tools and
associated equipment therein assigned, specifically designed for use at specialized rescue
Incidents.
SECTION 3. AUTOMATIC AID IN GENERAL AND OF FIRE PROTECTION SERVICES. The
party with the nearest available apparatus appropriate lothe incident shall furnish fire protection
services within the jurisdiction of the party requesting such service pursuant to the following
provisions.
(a) The specifc details of providing the fire protection services under the terms of
this Agreement shall be determined by the respective Fire Chiefs of each party. It is understood
fire protection services shall adbere as closely as traded to the "noarest available apparatus"
concept which forms the basis for this Agreement It is the Intent of the parties to this
Agreement to send the appropriate neared available apparatus to all emergency incidents.
of The announce covered by this Agreement are generally defined to be the
incorporated limits of the respective cities, including such areas as may be annexed to such
limits from time to time.
(c) The responding party shall respond with the nearest available apparatus
requested however, provided such fire apparatus is closer m the Incident than that of the
requesting party.
(d) The responding parry is not obligatetl to furnish any service if apparatus,
equipment personnel, at any continuation thereof is not available as determined by me
responding party's Fire Chef or hislher designated representative.
(e) The first fire unit to arrive at the scene of the Incident shall Initiate appropriate
action. The officer in charge of the first unit to arrive at the requesting Partys junsdidion shall
cause to be reported to the requestIg party all pert'ment information about the conditions
encountered at the scene of the indent The officer in charge of any such unit shall be me
Incident commander until the officer is relieved by an arriving battalion thiel.
(y The officer of a single unit response to a requesting party's jurisdiction shall
garbler all necessary information to complete focused! reports and forward the information to the
requeding party, following normal repoNng protocol.
(g) The "nearest available apparanIV concept shall not be affected by any other
corder l services, which may fie in affect now of in the future.
SECTION d. FURNISHING URBAN SEARCH AND RESCUE RESPONSE TEAM AND
VEHICLE. Notwithstanding Section 3, above, me responding party shalt respond with its urban
arch and rescue response team and vehicle to the requesting party's jurisdiction pursuant to
the following provisions'.
(a) The responding party shall respond With the Urban search and rescue response
team and me urban search and rescue response vehicle into the requesting party's jurisdiction
by official required of the requesting party's duly aulhorizetl representative. The responding
party reserves the right, however, not to respond or to discontinue response to the requesting
party's jurisdiction should it be in the opinion of the responding paitys Fire Chief that the urban
search and rescue response team and urban search and rescue response vehicle are needed
for such service in the responding parry's jurisdiction.
(b) Upon response to such request, the responding party shall furnish an urban
search and rescue response vehicle and urban search and ret response team consisting of
three onEuty maintains or, if unavailable, two technical and one additional firefighter, and
specialized equipment as may be requested on a special call basis, as may be available_
(c) The requesting party shall provide an bidders commander and such other
personnel as may he available and necessary to mitigate the Incident.
(d) The urban search and rescue response team shall report to the Incident
commander. Such team shall recommend courses of action and assist in mitigation of the
incident.
SECTION S. FURNISHING OF HAZARDOUS MATERIALS RESPONSE TEAM AND
VEHICLE. Notwithstanding Seaton 3 above, the responding pate shall respond with Its
hazardous materials response team and vehicle to the jursdiction of the requesting party
pursuant to the following provisions:
(a) The responding pate shall respond with the hazardous materials response team
and the hazardous materials response vehicle into the requesting party's Jurisdiction by official
request of the requesting party's duly authorized representative. The raspondng party reserves
the right, however, not to respontl or to discontinue response to the requesting party's
jurisdiction should fi be in the opinion of the responding prtys Fire Chief that the hazardous
materials response team and hazardous materials response vehicle are needed for such
service in the responding party's jurisdiction.
(b) Upon response to such request, the responding pate shall fumish a hazardous
materials response vehicle and hazardous materials response team consisting of three on -duty
hazardous materials technicians or, R unavailable, two hazardous materials technicians and one
additional firefighter, and specialized equipment as may be requested on a special call basis, as
may be available.
(c) The requesting party shall provide an
incident commander and such other
personnel as may be available and necessary to mbigate the incident
(d) The hazardous materials response team shall report to the Incident commander.
Such team shall recommend courses of action and assist In mitigation of the hazard Such team
shall not be responsible for any cleanup actions and shall not take custody of any material for
disposal.
SECTION 6. CONTROL OF APPARATUS. In connection with furnishing emergency services
hereunder, it is agreed by both parties that the apparatus, equipment, and personnel responding
to such request shall come under the direct command and control of the incident commander
within whose Jurisdiction an incident occurs.
SECTION T. COMMAND SYSTEM. All hazardous materials Incidents shall be managed by
using an incident command system, as per 29 CFR 1910.120. The on -duty battalion chief ahall
be notified when any hazardous materials personnel respond to any out -of -jurisdiction incidents.
SECTION S. MUTUAL COOPERATION. There shall be no obligation or liability an the part of
either party hereto for failure th respond to request for any hazmat or USR services or
equipment or to furnish any protection requested under the terms thereof the purpose of this
Agreement being to enable and authorize mutual cooperation whin the limits of and ability of
each of the parties hereto.
SECTION S. PRNILEGES AND IMMUNITIES, The provisions of this Agreement and
performance of the parties hereunder are specifically intantled by the parties to be subject to the
provisions of Chapter 6 9, Division 20, of the California Health and Safety Code and Article 2,
Chapter 4. Part 2. Division 2, Title 5, N the California Government Code, providing for the
application of all privileges and Immunities from liabilities, exemptions from laws and rules, and
all pension, relief, disability, workers compensation, and all other benefits granted the
responding parry performing within its jurisdiction to such pedorriance within the requesfirM
padys judsdichon, and while traveling to and from such requesting Partys jurisdiction under and
by vidue of this Agreement.
SECTION 10. WAIVER OF CHARGES. It is specifcally agreed that no charge for use of
equipment or apparatus shall be made by either parry hereto except for such costs that could be
assigned to a responsible party as provided by law. The consideration for waiver of such
charges shall be the mutual agreement encompassed herein and the right of each parry to use
the equipment of the other as herein provided.
SECTION 11. INDEMNIFICATION.
(a) CLOVIS shall indemnfly, hold harmless, and defend FRESNO and as& of ns
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, for a tures, costs, and damages (whether in contract, tort, or strict liability, including
but not limited to personal injury, death at any time, and property damage) mounted by the
FRESNO, CLOVIS, or any other person, and from any and all claims, tlemands, and actions in
law or equity (including attorneys fees and Nigation expenses), arising or alleged to have anon
directly or indirectly from the negligent or intentional ads or omissions or willful misconduct of
CLOVIS or any of its offices, officlals, employees, agents, or volunteers in the performance of
this Agreement.
(bJ FRESNO shall Indemnify, hold harmless, and defend CLOVIS and each of its
officers, officials, employees, agents, and volunteers from any and ell loss, liability, fines,
penalties, forfeitures, costs, and damages (whether In contract, tort, or slrld liability, including
but not limited to personal rotary, death at any time. and property damage) incurred by
FRESNO, CLOVIS, or any other person, and from my and all claims, demands, and actions in
law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional ads or omissions or willful misconduct of
FRESNO or any of its offices, officials, employees, agents, or volunteers In the performance of
this Agreement.
(c) In the event of concurrent negligence an the pad of CLOVIS or any of its offices,
officials employees, agents, or volunteers, and FRESNO or any of its offil, officials.
employees, agents, or volunteer, the IiaGlity for any and all such claims, demands, and actions
In law or equity for such losses, fines, penalties, forfeitures, costs, and damages shall be
apporloned under the State oi California's theory of comparative negligence as presently
established or as may be modified hereafter.
(d) This section shall survive termination or expiration of Nis Agreement.
SECTION 11. INSURANCE.
It Is understood and spread that CLOVIS and FRESNO maintain insurence policies or
sell -Insurance programs to fund their respective liabilities. The Parties agree such respective
programs or policy coverage for Workers' Compensation shall contain a waiver of subrogation
as to the other party and each of as officers, officials, agents, employees, and volunteers.
Evidence of insurance (e.g., Certificates of Insurance or other similar documentation) shall not
be required of either party under this Agreement.
SECTION 13. GENERAL PROVISIONS.
(a) Administration of Agreement. This Agreement Vail be administered through the
mutual agreement of the parties acting by and through their respective Fire Chiefs.
(b) Third Parties. This Agreement shall not be construed as or deemed to be an
agreement for the benefit of any third pant of Parties, and no third party or parties shall have
any rights or action hereunder for any cause whatsoever.
(c) Independent Contractor
(1) In the tumishing of the services provided for herein, each party is acting
solely as an independent contractor. Neither pant, nor any of its officers, agents, or employee
shall ba deemed an officer, agent, employee, joint venturer, partner, or associate of the other
party for any purpose.
(2) Because of its status as an independent contractor, each party and its
officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to the other parry's employees. Each party shall be solely liable and
responsible for all payroll and tax withholding and for providing to, m on behalf of, Its employees
all employee benefits Including, without limitation, health, welfare, and retirement benefits. In
atldgion. together with its other obligations under Nis Agreement, each responding party shall
be solely responsible, indemnify, defend, and save the requesting party harmless from all
matters relating to employment and tax withholding for and payment of responding party's
employees, including, without limitation. (i) compliance with Social Security and unemployment
Insurance withholding, payment of workers compensatlon small and all other laws and
regulators governing matters of employee withholding, taxes, and payment; and hi) any claim
of right or interest in requesting party's employment benefits, entitlements, programs, andlor
funds offered employees of recreating pant whether arising by reason of any common law, de
facto, leased or co -employee rights or other theory.
(d) Notices. Any notice required or intended to be given to either pary under the
terms of Nis Agreement shall be In writing and shall be deemed to be duty given if delivered
pereonally, transmitted by facsimile followed by telephone conforation of receipt, of send by
Untied States registered! or cedifed mail, with postage prepaid, retum receipt requested,
addressed to the party to which notice is to be given at she party's address set forth on Ne
signature page of this Agreement or at such other address as the parties may from time to time
designate by written noble. Notices served by Unlad States mall in the manner above
descnbed shall be deemed sufficiently served or given at the time of the mailing thereof.
(e) Binding. Once this Agreement Is signed by all parties, it shall be binding upon,
and shall Inure to the benefit of all parties. and each pate's respective heirs, successors.
assigns, transferees, agents, servants, employees, and rep yroodabves; except no pate shall
assign this Agreement without the prior written concent of the other party.
(1) Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify, or add to the
Interpretation or meaning of the provisions of this Agreement.
(g) Interpretation. The parties acknowledge that this Agreement in its final form is
the result of to combined efforts of the panties and, should any provision of this Agreement be
found to be ambiguous In any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against either party, but rather by construing the terms In accordance
with their generally accepted meaning.
(h) Attorneys Fees. If either party is required to commence any procoedirg or legal
action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing
party In such proceeding or action shall be entitled to recover from me ether party its reasonable
adomey's fees and legal expenses.
(i) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
0) Severability. The provisions of this Agreement are severable. The invalidity or
unenforceabi@y of any arta provision in this Agreement shall not affect the other provislons.
(k) Extent of Agreement. This Agreement far automatic aid emergency services
represents the entire and integrated agreement between the parties and supersedes all prior
negotiations, representations, or agreements, either written or ore], including the
aforementioned February 1. 1979, June 9, 1981, and April 20, 1995, agreements between the
parties. This Agreement may be mortified only by written instrument duly authorized and
executed by all parties to this Agreement.
IN WITNESS WHEREOF, the parfies hereto have executed the Agreement in Fresno
County. California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
By:
Joe o First Chief
Fresno First Department
ATTEST
Rebecca E. Klisch
City Clerk
APPROVED AS TO FORM:
James C. Sanchez
City Attorney
By:
Nano .Alger to
Se ' r Deputy I.
Addresses:
CITY.
CM of Fresno Fire Department
Chief Joel L Arann
911 H Street
Fresno, CA 93721
Phone (559)8214199
FAX: (559)4984261
CITY OF CLOVIS,
a municipal corporation
By:
Rob Ww1kny, Inrime ager
ATTEST:
John Halt
Assistant City Manager
By:
ehn
APPROVED AS TO FORM:
Affamey for City of Clovis
li `
By: '
aNtl J. Wolfe
City of Clovis
Interim City Manager Rob Wooley
1033 Fifth Street
Clovis, CA 93612
Phone. (559)324-2060
FAX: (559) 3242840
FRESIPlVUIrN REPORT TO THE CITYCOUNCIL AGENDA ITEM NO. 9:00am B
COUNCIL MEETING 05/05/11
May 5,2011
cm eAxacaa. /V �LIb`ea'l�
FROM: JOEL L. ARANAZ, Fire Chief
Fire Department
SUBJECT: AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN THE
CITY OF FRESNO AND THE CITY OF CLOVIS
Councilapprove the Agreement for Fire protection Services between Me City
EXECUTIVE SUMMARY
Fresno and Clovis enjoy a long history of providing automatic aid to one another in the areas of
suppression, emergency medical response, hazardous material, and urban search and rescue respor
Fresno and Clovis are co -located In the same dispatch center, which provides for several advantage
dispatching inter -departmental apparatus and personnel to all emergency indents. The Clovis
Department is similar to Me Fresno Fire Department in its levels of training, certification, and stating.
The Agreement for Fire Protection Services will assure the citizens of Fresno and Clovis will be receiving
counted and most appropriate apparatus and personnel regardless of judsdlction. The current agreement
Ms City of Clovis expires on June 30. 2011 (Attached). This agreement will exterM services under the s
arms and conditions for a five-year prod ening June 3D, 2016 (Attached).
BACKGROUND
The cones of Fresno and Clovis have a long history of providing automatic aid to one anathefs jurisdiction.
oldest agreement between Fresno and Clovis for the provision of mutual ant dates back to February '
Since then the tiro cities have engaged nresments for Me provision of fire suppression, emergency me
response, hazardous materials response. and urban search and rescue response.
Beginning in May 2007, The Clovis Fire Department joined the EMS Dispatch Center along with the Fr
Fre Department. Being co-locatedl in the same dispatch center offers each jurisdiction curtain advanh
Foremost Is the sharing of Me same Computer Aided Dispatch (CAD), Automatic Vehicle Locator (I
Mobile Data Terminate (MDT), and terminology,
Through shared systems of CAD, AVL, and MDT, dispatchers; an field personnel are in constant anted
one another. The assignment and dispatch of interJurisdictionalresources assume the closest units res
to Me emergency in a quick and seamless process.
rrosieAlotlry n' d
ax`n 61$/ll
l`ePosnian
Protection Services between the City of Fresno and the City of Clovis
i Fresno, the Clovis Fire Department Is a fully paid, professional department which stens its fire ap
I a minimum of three personnel . one fire bepfaiq one engineer, and one freflgi Ali Clovis fin
certified to the Office of the State Fire Marshal (OSFM) Firefighter 1 level. Clovis maintains i
@g on a daily basis.
r five-year Agreement for Fire Protection Services will assure the citizens of Fral and Clovis will
closest most appropriate fire apparatus and professional personnel regardless of the emeryency at
Long-term impact of shared resources may reduce the dart for up to two new fire
the FresndClovis borders.
Agreement
Agreement (Current, expires June W, 2011)
Agreement (New, expiring June W, 2016)