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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)