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HomeMy WebLinkAboutAgenda Report - September 3, 1986 (92)CITY COUNCIL MEETING SII'T'IIMM 3, 1986 M[TIU[ L DAY -QDAY FIRE. PRC7TFJCPION AID AGREEMENT APPROVED �lJ RES. NO. 86-132 Council was apprised that the newly formed Delta Fire TO: THE CITY COUNCit OM: THE CITY MANAGER'S OFFICE C`JNCIL Co11IMUNICATIO"'' IDATE 08-22-80 15JECT: MUTUAL DAY-TO-DAY FIRE PROTECTION AID AGREEMENT ACTION REQUESTED: Council resolution authorizing the City Manager to sign the Mutual Day -to -Day Fire Protection Aid Agreement. BACKGROUND: The newly formed Delta Fire Protection District has been added to the county wide Fire Mutual Aid Agreement and therefore the agreement must he renewed. The City .Attorney has reviewed the agreement for legal clarifi- cation, and the Assistant City Manager has reviewed it for insurance conflicts. The agreement makes provisions for the City of Lodi and our neighbors to assist one another in large scale fire and rescue emergencies, and related incidents. PRESENTED BY: Larry F. Hughes`, Fire Chief �, GVH mea MUTUAL DAY-TO-DAY FIRE PROTECTION AID AGREEMENT THIS AGREEMENT entered into this 3rd day of September , 1986 by and between the CITY OF LODI and the CITY OF MANTECA, and the CITY OF STOCKTON and the CITY OF TRACY, all municipal corporations of the State of California, and the BOGGS TRACT FIRE PROTECTION DISTRICT and the MONTEZUMA FIRE PROTECTION DISTRICT and the RIPON CONSOLIDATED FIRE PROTECTION DISTRICT and the CLEMENTS RURAL COUNTY FIRE PROTECTION DISTRICT and the EAST SIDE RURAL COUNTY FIRE PROTECTION DISTRICT and the ESCALON CONSOLIDATED FIRE PROTECTION DISTRICT and the FARMINGTON RURAL COUNTY FIRE PROTECTION DISTRICT and the FOREST LAKE RURAL COUNTY FIRE PROTECTION DISTRICT and the FRENCH CAMP-MCKINLEY RURAL COUNTY FIRE PROTECTION DISTRICT and the LIBERTY RURAL COUNTY FIRE PROTECTION DISTRICT and the LINCOLN RURAL COUNTY FIRE PROTECTION DISTRICT and the LINDEN -PETERS RURAL COUNTY FIRE PROTECTION DISTRICT and the MANTECA-LATHROP RURAL COUNTY FIRE PROTECTION DISTRICT and the MOKELUMNE RURAL COUNTY FIRE PROTECTION DISTRICT and the THORNTON RURAL COUNTY FIRE PROTECTION DISTRICT and the TRACY RURAL COUNTY FIRE PROTECTION DISTRICT and the TUXEDO -COUNTRY CLUB RURAL COUNTY FIRE PROTECTION DISTRICT and the WATERLOO-MORADA RURAL COUNTY FIRE PROTECTION DISTRICT and the WOODBRIDGE RURAL COUNTY FIRE PROTECTION DISTRICT and the COLLEGEVILLE FIRE PROTECTION DISTRICT, and the DELTA FIRE PROTECTION DISTRICT, all political subdivisions of the State of California, and the UNITED STATES NAVAL COMMUNICATIONS STATION and the SHARPE ARMY DEPOT and the TRACY DEFENSE DEPOT, all military installations of the United States of America, and the DEUEL VOCATIONAL INSTITUTION of the State of California, and the STOCKTON METROPOLITAN AIRPORT FIRE DEPARTMENT of the County of San Joaquin, State of California. WHEREAS, the parties hereto are geographically located in proximity to each other in the County of San Joaquin; and WHEREAS, it is to the mutual advantage and benefit that each of the parties hereto agrees to render supplemental fire, rescue and related services to the other parties in the event the emergency has developed or appears to be developing to such a magnitude that it will be beyond the control of a single party and therefore requires the forces of one or all of the other parties hereto. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS: (1) In the.event there is a fire or other emergency which cannot be mitigated with the facilities of one of the parties hereto, the other contracting parties shall, upon request, aid in mitigating the emergency by providing personnel, services and equipment for protection of life and property. This may be accomplished on either an active or a stand-by basis. The extent of aid to be furnished under this Agreement shall be determined solely by the governmental agency or department thereof furnishing such aid, and it is understood that the aid so furnished may be recalled at the sole discretion of the furnishing party. (2) Details as to methods of requesting mutual aid and the names of persons authorized to send and receive such requests, together with lists of equipment and personnel which will be subject to call, will be covered by correspondence between the governmental agencies and the departments thereof from time -to -time. (3) Personnel who are furnished will work as far as possible under their own supervisors, and equipment furnished will ordinarily be operated by personnel of the agency furnishing the equipment. General directions relative to the work will be given by the appropriate officers or persons of the agency receiving such a -id. 3._ _ (4) Each party to this Agreement waives all claims against any other party for compensation for any loss, damage, personal injury or death occurring in consequence of the performance of this Agreement. (5) No party to this Agreement shall be required to pay any compensations to any other party to this Agreement for services rendered hereunder, the mutual advantages and protection afforded'by this Agreement being considered adequate compensation to all the parties. (6) This Agreement is intended to cover day-to-day mutual aid only, and shall be of no force and effect in cases in which a state of extreme emergency has been proclaimed and when the California Disaster and Civil Defense Master Mutual Aid Agreement becomes operative. (7) It is mutually understood and agreed that this Agreement does not relieve any of the parties hereto from the necessity and obligation of providing adequate fire protection within their own areas, and each party hereto agrees that it shall use reasonable diligence in keeping the fire- fighting equipment in its possession up to the minimum peace -time standards - .and requirements established by the Insurance Services Office (I.S.O.) for cities and fire districts of comparable size. (8) It is further mutually understood and agreed that provisions of this Agreement will be invoked only when, in the opinion of the head of the department of the party requesting aid, it is deemed necessary to request outside assistance because all of the normal facilities at their command have been exhausted and outside assistance is needed to control and mitigate a fire or other emergency when, in the opinion of the department head requesting the aid, one of the other contracting parties can respond more expeditiously. (9) This Agreement shall not be construed as, or deemed to be, an agreement for the benefit -of any third party or parties, and no third party, a / or parties, shall have any right of action hereunder for any cause whatsoever. e Any services performed, or expenditures made in connection with furnishing i mutual aid under this Agreement by any party hereto, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of such party. (10) Any party to this Agreement may withdraw at any time, upon thirty (30) days written notice to each of the other parties, and thereafter, such withdrawing party shall no longer be a party to this Agreement. but this Agreement shall continue to exist among the remaining parties. (11) No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. (12) This Agretment shall supersede and take the place of that Agreement for mutual day-to-day fire protection aid already in existence which bears the date of November 27, 1984, and which la ---t mentioned Agreement is to become null and void at the time of full execution of this Agreement by the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written by the parties hereto by their duly authorized officers. CITY OF LODI CITY OF MANTECA U"t—<a&, ' By -� ,��_ By A. Peterson, City Manager CIT OF STOCKTON CITY OF TRACY By By BOGGS TRACT FIRE PROTECTION DISTRICT By MONTEZUMA FIRE PROTECTION DISTRICT By CLEMENTS RURAL COUNTY FIRE PROTECTION DISTRICT By ESCALON CONSOLIDATED FIRE PROTECTION DISTRICT By FOREST LAKE RURAL COUNTY FIRE PROTECTION DISTRICT By LIBERTY RURAL COUNTY FIRE PROTECTION DISTRICT By LINDEN—PETERS RURAL COUNTY FIRE PROT D RICT B MOKELUMNE RURAL UNTY FIRE PROTECTION DISTRICT By TRACY RURAL COUNTY FIRE PROTECTION DISTRICT By WATERLOO—MORADA RURAL COUNTY FIRE PROTECTION DISTRICT 6y COLLEGEVILLE FIRE PROTECTION DISTRICT By SHARPE ARMY DEPOT By 5. RIPON CONSOLIDATED FIRE PROTECTION DISTRICT By EAST SIDE RURAL COUNTY FIRE PROTECTION DISTRICT By FARMINGTON RURAL COUNTY FIRE PROTECTION DISTRICT By FRENCH CAMP—MCKINLEY RURAL COUNTY FIRE PROTECTION DISTRICT By LINCOLN RURAL COUNTY FIRE PROTECTION DISTRICT By RANTECA-LATHROP RURAL COUNTY FIRE PROTECTION'DISTRICT By THORNTON RURAL COUNTY FIRE PROTECTION DISTRICT By TUXEDO—COUNTRY CLUB RURAL COUNTY FIRE PROTECTION DISTRICT By WOODBRIDGE RURAL COUNTY FIRE PROTECTION DISTRICT By UNITED STATES NAVAL COMMUNICATIONS STATICN By — TRACY DEFENSE DEPOT By DUEL VOCATIONAL INSTITUTE By STOCKTON METROPOLITAN AIRPORT FIRE DEPARTMENT County of San Joaquin State of California By Board of Supervisors w NORTHERN CALIFOPNIA YOUTH CENTER By DELTA FIRE PROTECTION DISTRICT By — RESOLUTION W. 86-132 RESOLUTION APPIWING MUTUAL DP.Y-TO-DAY FIRE PROTFjCTION AID AGREEMENT RESOLVED, that the City Council of the City of Lodi does hereby approve Mutual Day -To -Day Fire Protection Aid Agreement, a copy of which is attached hereto, marked Exhibit "A", and thereby made a part hereof. BE IT FUMIM RESOLVED, that the City Council of the City of Lodi does hereby authorize the City Manager to execute the subject agreement on behalf of the City. Dated: September 3, 1986 I hereby certify that Resolution No. 86-132 was passed and adopted by the City Council of the City of Lodi. in Regular Meeting held September 3, 1986 by the following vote: Ayes: Council Members - Hi.nchman, Olson, Pinkerton, and Reid (Mayor) Noes: Council Members - None Absent: Council Members - Snider Abstain: Council Menbers - None ALICE M. R�= City Clerk 86-132 W We,