HomeMy WebLinkAboutCity Council - 902 RESOLUTION NO, 902
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH, CALIF-
ORNIA, ADOPTING AND RATIFYING THE
'MUTUAL AID FIRE PLAN AGREEMENTS
The City Council of the City of Huntington Beach$
California,. do resolve as follows*
THAT, that certain agreement entitled "Mutual
Aid Fire Plan Agreement" a copy of which is hereto attached
and made a part hereof as if herein set out in full, and
designated as Exhibit A, is hereby ratified and approved,
and the Mayor and City Clerk are hereby authorized to
execute said Agreement, for and on behalf of said City.
PASSED AND ADOPTED by the City Council of the
City of Huntington Beach, California, at a regular meeting
thereof held on the 3rd day of August, 1942
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MAYOR
ATTEST:
City Clerk
By
Deputy
NEKHIBIT AN
MUTUAL AID FIRE PLAN AGREEMENT
THIS-AGREEMENT, made and entered into this d...
day of June t, 1942., between and among, CITY OF
BANTA AXA, CITY OF ANAHEIM, CITY OF BREA$ CITY OF FULLERTON$
CITY OF HUNTINGTON BEACH, CITY OF LA HABRA, CITY OF LAGUNA
BEACH, "CITY OF NEWPORT BEACH, CITY OF a ANGE, CITY OF PLA.•
CENTIA, CITY OF SAN CLEMENTE, CITY CP SEAL BEECH, CITY OF
TUSTIN, BUENA PARK COUNTY FIRE PROTECTION DISTRICT, GARDEN
GROVE COUNTY FIRE PROTECTION DISTRICT, OLIVE COUNTY FIRE
PROTECTION DISTRICT, being all the incorporated cities and
fire districts of Orange County, California, the COUNTY OF
ORANGE,, a political subdivision of the State of California$'`
and the STATE OF CALIFORNIA DIVISION OF FORESTRY$ a division
of the State Government;
S T
THAT WHEREAS the United States of America is
now at war and is in particular danger.from acts of foreign
enemies along, its Pacific Coast line; and
WHEREAS: each of the parties hereto now owns and
maintains fire-fighting equipment, for use in combating
fire occurring within the particular territory under its
jurisdiction; and
WHEREAS9 the fire-fighting equipment of the
respective parties hereto might readily prove inadequate to
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effectively combat fires within the particular area in the
event of enemy air raids or other attack or major holocaust
occurring within its particular jurisdiction; and
WHEREAS$ each of the parties hereto ddesiresp in-
sofar as its own immediate requirements will permits to
make its said fire-fighting equipment available in aid
and assistance of each of the other parties hereto in the
event of a major disaster or holocaust,_ whether resulting
from acts of war or otherwises and, in turn, each of said
parties desires to have available, insofar as possiblet
the assistance of the said fire--fighting equipment of each
of the other parties. hereto in the event of any such major
disaster or holocaust;
NOW, `.THEREFORE, each of the said parties for itself?
does hereby respectively agree with each and all of the other
parties hereto, that in the event of a major fire disaster
of whatsoever origin, occurring within the territorial
,jurisdiction of any of the other parties hereto, that it
will, upon the request of the County Fire Coordinator for
Orange County, or head of a fire department, as hereinafter
specified, furnish such men and equipment from its own
respective Fire Department as may be a.vailiable and which Is
not then immediately required or being. used in combating
fires within its own jurisdiction, or necessarily or advisably
held in readiness for such purpose, as determined by the
respective officer in charge of such equipment for each
party, hereto;
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It is further mutually and severally agreed by
each of the parties hereto, that each of the parties hereto
will render available assistance contemplated by this agree-
ment when requested by the head of the fire department of
the party In which the fire occurs, except as hereinafter
provided$ in the event such equipment is~ furnished by one
party to another, the same ahal.l.be furnished pursuant to
and in conformity with the provisions of Sectionw.13050 to
13054, bath inclusive of the Health and Safety Code of the
State of California and each of the parties hereto, hereby
agrees to furnish and receive any aid contemplated herein,
under the terms of said sections and to accept, and receive
compensation, from and compensate and pay to any other party
to this agreement in accordance with said sections*"'• That
the schedules of paymzent for such aid are hereby determined
to be:
(A) Mileage travelled in answering, and during
service at, and returning from fire or other
emergency incident at cents per 100 lbs:
per mile.
(B) Rental time, beginning vd2en equipment leaves
Its home station until it is again in oper-
ating readiness at its home station. excludA•
Ing, however, such time as it is actually
operating in fighting fire or combating or
aiding at scene of emergency incident, at
¢ cents per 100 lbs. per hr
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(C) Rental time during viaich equipment is in
actual operation at scene of incident at
4¢ cents per 100 lbe.: per hr '
(D) Reimbursement for salaries paid to per-
sonnel accompanying equipment at l.oa
per hour while away from stations*,
(E) Reimbursement for actual expenses in
repairing and reconditioning any equip-
ment damaged, or injured while answering:
at, or returning from emergency indicent
(F) Reimbursement for any equipment, supplies$
or material, expended or lost or destroyed
while answering, at, or returning from
emergency indicent,
Claims for such services shall be presented
and paid as provided in said sections of the Health and
Safety Code.`
It is provided, however$ that in the event of
National or local emergency created by military attack or
sabotage or in the providing for adequate National or local
defense, or upon the occasion of a great public calamity!
such as an .extraordinary fire, flood,_ storm, epidemic,
earthquate or other disaster, as defined in Chapter 323
of the Statutes of 1941, of State of California, all such
services rendered by one party hereto to another party,
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shall be rendered by such party at its oven individual
expense and cost,, and will at all times be, itself, respon—
sible for any accidents or injuries to its own men and
equipment suffered or sustained, while going to, attending
or serving within, or returning from the aided city or areas
and thatmne of the parties hereto will make or prosecute
any claim against any of the. other parties hereto on account
of any such expenses, injuries.- or damages suffered or sus-
tained by any of its own men or equipment,
Each of the parties hereto agrees that it
will immediately and forthwith take such measures as may be
necessary to have its accident and Workmen's Compensation
insurance coverage extended to cover any accidentev damages
or injuries that may suffered by its men or equipment
'While engaged in entering upon or carrying out any of the
terms or provisions of this agreement.
Each of the parties hereto agrees that it will
render the- assistance contemplated by this agreement, during
enemy air raid or other event mentioned in said Chap. 323
Stat. 1941, only when called upon to do so . by the County
Fire Coordinator or his duly authorized representative,
and not otherwise, provided, bowever, no party assumes or
shall be responsible_ for any liability to any other party
for failure to furnish any.aid. hereunder:
The parties hereto do hereby declare that in
entering into this agre _ent. it is their intention and pur-
pose to establish and render available, insofar as possible
5
and practicable, a common pool of fire-fighting men and
equipment throughout Orange County, to the end that the same
may, in any of the eventualities mentioned in this agreement
and insofar as the circumstances appear to the County Fire
Coordinator to warrant, be available as a common fire
fighting. unit
It is understood and agreed that the term
County Fire Coordinator, includes the present person
heretofore designated_ and_.now acting as such, to-wit,
J. A, Scherman, as well as the successor or duly authorized
representative of such County Fire Coordinator, or any
person duly authorized and designated to succeed to the
official. duties of such County Fire Coordinator* regardless
of any change in the official title of such office.
This agreement shall endure and continue in force
until the enemies of the United States, in the current war$
i
have ceased to _resist and all hostilities have ceased, and
until rescinded by any party, but this agreement shall
continue in full force and effect as to any parties exeeut-
ing; same, whether or not all parties have executed it or
are still parties to it.'
i
IN WITNESS WHEREOF, the several parties hereto
have caused this agreement to be executed and their corporate
seals to be affixed hereto by their respective officers
duly authorizede'
(Here follows the signatures of the executing parties.')
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Reso. 902
STATE OF CALIFORNIA
County of Orange SS
City of Huntington Beach )
I, C, R. FURRY the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and
ex-officio Clark of the City Council of said City, do
hereby certify that .the whole numberof members of the
City Council of the City of Huntington Beach is five; that
the foregoing Resolution was passed and adopted by the
affirmative vote of more than a majority of all the
members of said City Council at a regular meeting of the
City Council held on the 3rd day of August, 19429 by the
following vote•
AYES, Councilmen: Henrickson, Grable$ Hawes,
Morehouse, Talbert
NOES: Councilmen: Hone
ABSENT*, Councilmen** None
V
ity 1 erk and ex-officio Clerk
of he City Council of the
ity of Huntington Beach$
California.'
By
Deputy