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HomeMy WebLinkAboutCC Resolution 8566 (Fire Protection Services Shared)RESOLUTION NO. 8566 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AUTOMATIC AID AGREEMENT FOR FIRE PROTECTION SERVICES WITH THE CITY OF LARKSPUR RESOLVED, that the City Council of the City of San Rafael, does hereby authorize City Manager Pamela Nicolai to sign an Automatic Aid Agreement for Fire Protection with the City of Larkspur, copy of which is attached and by reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a Reaular meeting of the City Council of said City on Mondav , the 18th day of November , 1991, by the following vote, to wit: AYES: COUNCILMEMBER: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: Cohen JEADN-M- M. LEONCINI, City Clerk ORICII'Al AUTOMATIC AID AGREEMENT FOR FIRE PROTECTION SERVICES THIS AGREEMENT, made and entered into this 18th day of NOVEMBER , 1991, by and between the City of Larkspur, a municipal corporation of the state of California, hereinafter referred to as "LARKSPUR", and the City of San Rafael, a municipal corporation of the state of California, hereinafter referred to as "SAN RAFAEL'; WHEREAS, the parties hereto desire to provide automatic response fire protection services to each other under certain specified conditions: NOW, THEREFORE, it is hereby agreed by the parties hereto as follows: Larkspur Services. Larkspur agrees to provide an automatic response, or mutual aid response as requested, to reported Wildland Fires, Structure Fires, Medical Aids, and Fire Alarms in target hazard areas, with one fire engine and a minimum of three firefighters to all areas of San Rafael. It is understood that the right of fire protection for Larkspur is and shall be paramount for its personnel, equipment and materiel. In the event of any conflict or simultaneous need in Larkspur and San Rafael, the needs of Larkspur for its own personnel, equipment and materiel shall have priority over the needs of San Rafael. 2. San Rafael Services. San Rafael agrees to provide an automatic response, or mutual aid response as requested, to reported Wildland Fires, Structure Fires, Medical Aids, and Fire Alarms in target hazard areas, with one fire engine and a minimum of three firefighters or one truck company with a minimum of three firefighters to all areas of Larkspur. It is understood that the right of fire protection for San Rafael is and shall be paramount for its personnel, equipment and materiel. In the event of any conflict or simultaneous need in San Rafael and Larkspur, the needs of San Rafael for its own personnel, equipment and materiel shall have priority over the needs of Larkspur. 3. Liabilitv. 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 or parties shall have any right of action hereunder for any cause whatsoever. 4. Insurance Coverage. Larkspur and San Rafael shall provide workers compensation insurance as required by the State of California for industrial injury or illness through insurance or self- insurance, including coverage for its employees when loaned to the other agency. Larkspur and San Rafael shall provide property insurance against all risks of loss to its own facilities, vehicles, and equipment, regardless of where used. Each city will provide insurance limits no less than: A. General Liabilitv: One million (1,000,000) dollars per occurrence for bodily injury, personal injury and property damage. B. Automobile Liabilitv: One million (1,000,000) dollars per accident for bodily injury and property damage. CORY, The above insurance coverage shall be provided through either insurance or self-insurance. Hold Harmless: City of Larkspur shall indemnify and hold harmless the City of San Rafael and its officers, officials, employees, from and against all claims, damages, losses and expenses including attorney fees arising out of an incident or condition in Larkspur, caused in whole or part by any negligent act or admission of Larkspur, its officers, officials, or employees or anyone directly or indirectly employed by Larkspur, except where caused by the act of negligence, sole negligence, or willful misconduct of the city of San Rafael. Hold Harmless: City of San Rafael shall indemnify and hold harmless the City of San Rafael and its officers, officials, employees, from and against all claims, damages, losses and expenses including attorney fees arising out of an incident or condition in Larkspur, caused in whole or part by any negligent act or admission of Larkspur, its officers, officials, or employees or anyone directly or indirectly employed by Larkspur, except where caused by the act of negligence, sole negligence, or willful misconduct of the city of Larkspur. 6. Term. The term of this agreement shall be for a period of one year commencing from the date first herein above written. This agreement and all obligation hereunder shall be automatically extended for additional one-year periods after the initial term of this agreement, and this agreement and said obligations shall be in full force and effect during said one-year periods until either party shall terminate this agreement pursuant to the provisions of Paragraph 9 herein. Operational Princioles. Each agency shall utilize the Incident Command System for managing emergency incidents. Each agency shall cancel or release the other's resources at the earliest possible time to resume normal services. 8. Training. The Agencies' fire departments will meet at mutually agreed locations at least once every six (6) months per shift for cross training to develop and maintain a high level of proficiency. 9. Termination. This agreement may be terminated without cause by either party upon giving the other written notice thirty (30) days prior to the effective date of such termination. Any such notice shall be given personally or by posting through certified United States mail and address, in the case of Larkspur, to: and in the case of San Rafael, to: City Manager City of Larkspur P. O. Box 585 Larkspur, CA 94939 City Manager City of San Rafael P. O. Box 151560 San Rafael, CA 94915-1560 10. Amendment. This constitutes the entire agreement of the parties. No modification or amendment of this agreement shall be valid unless it is in writing and executed by all parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first herein above written. CITY OF LARKSPUR a munic)Pal corporat' n by�'% `� f'c1tfZ1 � City Manager Attest: cit Clark CITY OF SAN RAFAEL a muni ' al corpor ion by , City Man er Attest: � -A- - V City Clerk\