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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 01 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 1 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; 2 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 3 (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, 4 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.') 6 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