Resolution No. 8762
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RESOLUTION NO. 8762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR EXCHANGE OF FIRE PROTECTION AND
RESCUE SERVICES AUTOMATIC AID/INITIAL ACTION BY AND
BETWEEN THE CITY OF VERNON AND THE CONSOLIDATED
FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY
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WHEREAS,. the City of Vernon (the "City") and the Consolidated
Fire Protection District of Los Angeles County, commonly known as the
Los Angeles County Fire Department (the "District"), provide fire
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protection and rescue services within their respective jurisdictional
limits; and
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WHEREAS, the City and the District want to coordinate each
jurisdiction's responsibility concerning the reasonable and reciprocal
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exchange of fire, emergency and rescue services on a day-to-day basis;
and
WHEREAS, the reciprocal exchange of emergency fire and
rescue services will enhance emergency response times, thereby
benefiting the health and welfare of Vernon's citizens; and
WHEREAS, the City and the District desire to enter into an
Agreement for Exchange of Fire Protection and Rescue Service Automatic
Aid/Initial Action (the "Agreement") memorializing their
responsibilities; and
WHEREAS, the Fire Chiefs of the District and the City are
still negotiating the general parameters of the reciprocal exchange
which will be memorialized in a Memorandum of Understanding between
the parties; and
WHEREAS, by letter dated May 26, 2005, Bruce V. Malkenhorst,
City Administrator/City Clerk, has recommended that the Agreement
1 be approved and executed.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
3 CITY OF VERNON AS FOLLOWS:
4 SECTION 1: The City Council of the City of Vernon hereby
5 finds and determines that the recitals contained hereinabove are true
6 and correct.
7 SECTION 2: The City Council of the City of Vernon hereby
8 approves the Agreement for Exchange of Fire Protection and Rescue
9 Services Automatic Aid/Initial Action with the District, a copy of
10 which is attached hereto as Exhibit A and incorporated by reference.
11 SECTION 3: The City Council of the City of Vernon hereby
12 authorizes the Mayor to execute the Agreement for, and on behalf of,
13 the City of Vernon and the City Clerk is hereby authorized to attest
14 thereto.
15 SECTION 4: The City Council of the City of Vernon hereby
16 authorizes the City Administrator, or his designee, to execute and
17 carry into effect all other documents as shall be required to
18 accomplish the rec~procal exchange of emergency services consistent
19 with the terms of the Agreement approved herein.
20 SECTION 5: The City Council of the City of Vernon hereby
21 directs the City Clerk, or his designee, to send two (2) fully
22 executed Agreements to the District for processing.
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SECTION 6:
The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 1st day of June, 2005.
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~~L~..~'
LEONIS C. MALB RG, Ma or
ATTEST:
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11 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
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COUNTY OF LOS ANGgLES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8762, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, June 1,
thereafter was duly signed by the. Mayor of the City of
8 2005, and
9 Vernon.
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13 (SEAL)
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A-~~//4~~
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR EXCHANGE OF
FIRE PROTECTION AND RESCUE SERVICES
AUTOMATIC AID/lNITIAL ACTION
THIS AGREEMENT is made and entered into this_ day of , 2005,
by and between the City of Vernon, hereinafter referred to as "City," and the Consolidated. Fire
Protection District of Los Angeles County, hereinafter referred to as "District."
w ! T N E S ~E T H
WHEREAS, the parties to this agreement provide fire protection, emergency and rescue
services within their respective territorial limits; and
WHEREAS, it is in the best interest of the citizens of the District and the City to provide
that most expeditious response to suppress fires and render emergency c:lnd rescue
assistance; and
,
WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal
exchange of fire, emergency and rescue services on a day-to-day. basis; and
WHEREAS, this agreement is authorized and provided for by provisions of the Health
and Safety and Government Codes of the State of California and acts and statutes of the
Federal Government, where applicable.
NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto
agree as follows:
I.
The City agrees to provide a designated fire, emergency or rescue response, as
determined by the Fire Chiefs of the District and the City, upon request by the District, to that
area located within the jurisdiction of the District.
II.
In return for the service to be provided by the City, the District agrees to provide a
designated fire, emergency or rescue response, as determined by the Fire Chiefs of the
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1 District and the City, upon request by the City, to that area located within the jurisdiction of the
2 City.
3 III.
4 Upon receipt by the District of an alarm within the jurisdiction of the District, the District,
5 as the jurisdictional department, will dispatch its nearest available and appropriate designated
6 fire, emergency or rescue response to that alarm and also notify the City fire dispatcher who
7 will, in turn, dispatch the agreed-upon response in accordance with Paragraph VI. hereinbelow.
8 IV.
9 Upon receipt by the City of an alarm within the City, the City, as the jurisdictional
10 department" will dispatch its nearest and appropriate designated fire, emergency or rescue
11 response to that alarm and also notify the District fire dispatcher who will, in turn, dispatch the
12 agreed-upon response in accordance with Paragraph VI. hereinbelow.
13 . V.
14 The District and the City intend that this agreement will provide mutual benefits to all
15 parties and herein authorize the Fire Chiefs of the District and the City to revise any
16 designated areas or types of response periodically as may be dictated by changing conditions
17 and the requirements of mutual benefits to all parties. It is agreed that substantial reductions
18 of fire protection andlor emergency medical forces by either agency shall be cause for
19 reconsideration of this agreement.
20 VI.
21 Details as to amounts and types of assistance to be dispatched, methods of dispatching
22 and communications, training programs and procedures, methods of requesting aid, and the
23 names of persons authorized to send and receive such requests, together with lists of
24 equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the
25 District and the City. Such details shall be recorded in a Memorandum of Understanding and
26 signed by both Fire Chiefs of the District and the City.
27 /II
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1 VII.
2 In those instances where the aiding department arrives before the jurisdictional
3 department, the aiding department will take the necessary action dictated by the situation.
4 However, it is assumed that the jurisdictional department will arrive shortly after the arrival of
5 the aiding department. Therefore, the responsibility for coping with the situation will be
6 immediately assumed by the jurisdictional department upon its arrival at the scene. The aiding
7 department personnel will be under the direction of the officer in charge of the jurisdictional fire
8 department. It is further agreed that the aiding department will be released from the scene as
9 soon as practical by the jurisdictional fire department.
10 VIII.
11 It is mutually understood and agreed that this agreement does not relieve either party
12 from the necessity and obligation of using its own resources for furnishing fire, emergency
13 and/or rescue service within any part of its own jurisdiction and that the aiding party's response
14 to a request for aid will be dependent upon the existing emergency conditions within its own
15 jurisdiction and the status of its resources.
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IX.
This agreement shall not be construed as or deemed to be an agreement for the benefit
of anyone not a party hereto, and anyone who is not a party hereto shall not have a right of
action hereunder for any cause whatsoever.
X.
No party furnishing aid pursuant to this agreement shall be entitled to compensation for
services rendered to the requesting agency, it being understood that the respective covenants
contained in this agreement shall constitute the sole consideration for such services.
XI.
Each of the parties hereto is a public entity, as defined by Section 895 of the
Government Code. It is mutually understood and agreed that, in accordance with the
provisions of Section 850.6 of the Government Code, the party requesting assistance is not
required to indemnify the party furnishing assistance as to any liability or damage imposed by
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1 IN WITNESS WHEREOF, this agreement has been executed by each party on the day
2 and year written below, and is effective and operative upon the date that it is fully executed by
3 both parties, whichever date of execution by either party is later.
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CONSOLIDATED FIRE PROTECTION
DISTRICT OF LOS ANGELES COUNTY
CITY OF VERNON
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12 ATTEST:
By
Mayor, Leof"!is C. Malburg
DATE
DATE
ATTEST:
13 VIOLET VARONA-LUKENS
14 Executive Officer-Clerk of
The Board of Supervisors
By
Deputy
By
City Clerk, Bruce V. Malkenhorst
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel
APPROVED AS TO FORM:
By
Deputy
By
City Attorney,
28 F:IPLANNINGV<C\Auto Aid -Vernon (4112/2005)
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SUPPORTING
DOCUMENTS
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AGREEMENT FOR EXCHANGE OF
FIRE PROTECTION AND RESCUE SERVICES
AUTOMATIC AID/INITIAL ACTION
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9 W!TNESSEIH
10 WHEREAS, the parties to this agreement provide fire protection, emergency and rescue
11 services within their respective territorial limits; and
12 WHEREAS, it is in the best interest of the citizens of the District and the City to provide
13 that most expeditious response to suppress fires and render emergency and rescue
14 assistance; and
15 WHEREAS, each party is desirous of providing to the other a reasonable and reciprocal
16 exchange of fire, emergency and rescue services ona day-to-day' basis; and
17 WHEREAS, this agreement is authorized and provided for by provisions of the Health
18 and Safety and Government Codes of the State of California and acts and statutes of the
19 Federal Government, where applicable.
20 NOW, THEREFORE, in consideration of these mutual covenants, the parties hereto
21 agree as follows:
22 I.
23 The Cjty agrees to provide a designated fire, emergency or rescue response, as
24 determined by the Fire Chiefs of the District and the City, upon request by the District, to that
25 area located within the jurisdiction of the District.
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II.
27 In return for the service to be provided by the City, the District agrees to provide a
28 designated fire, emergency or rescue response, as determined by the Fire Chiefs of the
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1 District and the City, upon request by the City, to that area located within the jurisdiction of the
2 City.
3 III.
4 Upon receipt by the District of an alarm within the jurisdiction of the District, the District,
5 as the jurisdictional department, will dispatch its nearest available and appropriate designated
6 fire, emergency or rescue response to that alarm and also notify the City fire dispatcher who
7 will, in turn, dispatch the agreed-upon response in accordance with Paragraph VI. hereinbelow.
8 IV.
9 Upon receipt by the City of an alarm within the City, the City, as the jurisdictional
10 department, will dispatch its nearest and appropriate designated fire, emergency or rescue
11 response to that alarm and also notify the District fire dispatcher who will, in turn, dispatch the
12 agreed-upon response in accordance with Paragraph VI. hereinbelow.
13 . V.
14 The District and the City intend that this agreement will provide mutual benefits to all
15 parties and herein authorize the Bre Chiefs of the District and the City to revise any
16 designated areas or types of response periodically as may be dictated by changing conditions
17 and the requirements of mutual benefits to all parties. It is agreed that substantial reductions
18 of fire protection andlor emergency medical forces by either agency shall be cause for
19 reconsideration of this agreement.
20 ~.
21 Details as to amounts and types of assistance to be dispatched, methods of dispatching
22 and communications, training programs and procedures, methods of requesting aid, and the
23 names of persons authorized to send and receive such requests, together with lists of
24 equipment and personnel which will be utilized, shall be developed by the Fire Chiefs of the
25 District and the City. Such details shall be recorded in a Memorandum of Understanding and
26 signed by both Fire Chiefs of the District and the City.
27 III
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1 VII.
2 In those instances where the aiding department arrives before the jurisdictional
3 department, the aiding department will take the necessary action dictated by the situation.
4 However, it is assumed that the jurisdictional department will arrive shortly after the arrival of
5 the aiding department. Therefore, the responsibility for coping with the situation will be
6 immediately assumed by the jurisdictional department upon its arrival at the scene. The aiding
7 department personneJ will be under the direction of the officer in charge of the jurisdictional fire
8 department. Jt is further agreed that the aiding department will be released from the scene as
9 soon as practical by the jurisdictional fire department.
10 VIII.
11 It is mutually understood and agreed that this agreement does not relieve either party
12 from the necessity and obligation of using its own resources for furnishing fire, emergency
13 and/or rescue service within any part of its own jurisdiction and that the aiding party's response
14 to a request for aid will be dependent upon the existing emergency conditions within its own
15 jurisdiction and the status of its resources.
16 IX.
17 This agreement shall not be construed as or deemed tb be an agreement for the benefit
18 of anyone not a party hereto" and anyone who is not a party hereto shall not have a right of
19 action hereunder for any cause whatsoever.
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21 No party furnishing aid pursuant to this agreement shall be entitled to compensation for
22 services rendered to the requesting agency, it being understood that the respective covenants
23 contained in this agreement shall constitute the sole consideration for such services.
24 ~.
25 Each of the parties hereto is a public entity, as defined by Section 895 of the
26 Government Code. It is mutually understood and agreed that, in accordance with the
27 provisions of Section 850.6 of the Government Code, the party requesting assistance is not
28 required to indemnify the party furnishing assistance as to any liability or damage imposed by
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1 law upon the assisting party by reason of any act or omission of its employees occurring in the
2 performance of the service. The requesting party shall be responsible only for the acts of the
3 employees of the responding party performed at the scene of the emergency and performed at
4 the specific direction of an employee of the requesting party. In the event of a third-party loss
5 caused by the acts or omissions of both parties, the ultimate financial responsibility of each
6 party shall be in accordance with its percentage of fault or as may otherwise be mutually
7 agreed between them.
8 XII.
9 This agreement shall remain operative and effective until participation is terminated by
10 either party. It is further agreed that either party may terminate the agreement at any time by
11 giving written notice to the other party at least thirty (30) days prior to the date of termination.
12 XIII.
13 It is mutually understood that this agreement will in no way affect or have any bearing
14 on the existing Uniform Mutual Assistance Agreement for Fire Protection and Rescue
15 Services, which is between the District and the City, nor will this agreement affect or have any
16 bearing on the existing California Master Mutual Aid Agreement.
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1 IN WITNESS WHEREOF, this agreement has been executed by each party on the day
2 and year written below, and is effective and operative upon the date that it is fully executed by
3 both parties, whichever date of execution by either party is later.
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CONSOLIDATED FIRE PROTECTION
5 DISTRICT OF LOS ANGELES COUNTY
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CITY OF VERNON
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12 ATTEST:
DATE
DATE
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ATTEST:
13 VIOLET VARONA-LUKENS
14 Executive Officer-Clerk of
The Board of Supervisors
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By r///4'~
City Clerk, Bruce V. Malkenhorst
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Deputy
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APPROVED AS TO FORM:
APPROVED AS TO FORM:
20 RAYMOND G. FORTNER, JR.
County Counsel
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23 Deputy
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By
City Attorney,
28 F:\PLANNlNGV<ClAuto Aid -Vernon (4/1212005)
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MINUTES OF A REGULAR MEETING OF
THE FINANCE COML~QTTEE OF THE
CITY OF VERNON HELD JULY 11,
1977, AT NINE O'CLOCK A.M. IN
THE LUNCH ROOM OF THE PUBLIC
WORKS FACILITY LOCATED AT 4305
SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Gonzales (excused at. 11:30 a.m.), Malburg, Ybarra
MEMBERS ABSENT: None
Chairman Malburg called the meeting to order.
It was moved by Gonzales, seconded by Ybarra, that the. minutes
of the meeting of June 27, 1977, be approved. Motion carried.
Communication from J. A. Venezia, dated July 1, 1977, requesting
the Committee to waive the 20-year service requirement regarding medical
benefits when he retires, was presented.
It was moved by Gonzales, seconded by ~Ybarra, that the Committee
recommend to the City Council that the present policy, providing medical
insurance for employees. who retire during 1977, not be modified. Motion.
carried.
Communication from S. E. Hogan, Police Chief, dated June 24, 1977,
requesting authorization to appoint Cadet D. J. Tabor to fill the vacancy
created by the resignation of Officer L. J. Ebelt, was presented.
It was moved by Ybarra, seconded by Gonzales, that communication
from the Police Chief, dated Jure 24, 1977, be deferred until the Finance
Committee meeting to be held August 8, 1977. Motion carried.
After discussion, it was moved by Ybarra, seconded by Gonzales,
that the Committee recommend to the City Council that the City not .file or
undertake an independent subrogation claim against Arrow Precision Products
Companq, 3101 East 26th Street, regarding injury sustained by Officer James
E. Prahm. Motion carried.
After discussion, it was moved by Ybarra, seconded by Malburg,
that the Committee recommend that the City Council approve an increase in
the Contract of the Consulting Electrical Engineer, Paul Hendricks, to
$2,525.00 per month. Motion. carried.
F. H. Colvin, Fire Chief, appeared before the Committee to discuss
the Paramedic situation.
No formal action taken.
After discussion, it was moved by Gonzales, seconded by Ybarra,
that the Committee recommend to the City Council that the communication
from the County of Zos Angeles, Agreement for Annexation Report and Incident-
al Services, be approved. Motion carried.
After discussion, it was moved by Ybarra, seconded by Malburg,
that the Committee recommend to the City Council that all Department Heads
be required to give written notification to the City Clerk's office when
they are planning to be out of town for one or more days. Motion carried.
After discussion, it was moved by Ybarra, seconded by Malburg,
that the City Clerk check into and determine the status of the position of
Dispatcher and report to the City Council at its regular meeting to be held
July 19, 1977. Motion carried.
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At this time, 11:30 o'clock a.m., Committee Member Gonzales, was
excused.
Communication from Silber, Benezra & Tazlitz, Attorneys for Vernon
Fire Fighters' Association, Local 2312, dated June 9, 1977, which was refer-
red to the Finance Committee by the City Council at its meeting held June 21,
1977, requesting certain information with respect to occupational disability
retirement, was presented.
It was moved by Ybarra, seconded by Malburg, that communication
from Silber, Benezra & Tazlitz, dated June 9, 1977, be referred to the City
C1e~ and the City Attorney for study and report back to the Finance Commit-
tee. Motion carried.
Communication from Mayor William Hamilton of the City of Maywood,
dated July 5, 1977, requesting a study concerning the possibility of consolid-
ating dispatching services of the two cities, was presented.
It was moved by Ybarra, seconded by Malburg, that the City Clerk
and the Chief of Police prepare a study for the Finance Committee. Motion
carried.
There being no further business to come before the meeting, it was
moved by Ybarra, seconded by Malburg, that the meeting ad3ourn.
The meeting adjourned at 12:55 o'clock p.m.
LEOIQIS C. B~ J
Chairman
ATTEST:
i"~ ~
~f~'~~r~A~~fi; qty
~1er~
Director of Finance
y~
76T576T=- Cdb 2-7'0
30440
1 AGREEMENT FOR ANNEXATION
2 REPORT AND INCIDENTAL SERVICES
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4 This agreement, dated for reference purposes only,
5 June 16, 1977, is made by and between the Consolidated Fire
6 Protection District of Los Angeles County, hereinafter sometimes
7 referred to as "District," and the City of Vernon, hereinafter.
$ sometimes referred to as "City."
9
10 RECITALS:
11 A. The City of Vernon is interested in annexing its
12 territory to the Consolidated Fire Protection District of Los
13 Angeles County in order to receive fire protection services.
14 B. The City of Vernon has therefore requested that
15 the District consider the feasibility of such an annexation.
16 C. The City has also requested that the District
1i prepare its proposal for fire protection services within the
18 City.
19 D. An incidental aspect of an annexation to the
20 District is the evaluation and transfer of qualifying Fire
21 Fighters of the City to District employment.
22 E. ~ The annexation of the City to the District is
23 authorized by the Fire Protection District Act of 1961, Section
24 13801, et seq., of the Health and Safety Code.
25 THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
26 1. The District shall perform the services which
27 are described under subparagraphs A through H hereof.
28 a. Evaluate the present fire protection and
29 paramedic services of the City, their related costs
30 to the City and the fire insurance ratings which are
31 applied to the City.
32 b. Describe and compare with the present city
76T576T- Cdb ~'r0
i services those services which the District would
2 provide within the City in the event of an annexation.
3 c. Measure the cost differences to the City and
4 changes in the fire insurance ratings that may result
5 from the annexation.
6 d. Describe the financial and operational
7 impacts of the annexation on the District.
8 e. Present recommendations relating to the dis-
9 position of all equipment and facilities currently
10 utilized by the City in its fire protection activities.
11 f. Describe the proposed operation of the District
12 within the Cit
y, including types of responses to spe-
13 cific alarms, intended staffing and equipment within
14~ the City, fire prevention activities, dispatching
15 systems and the District's investigations of fire
16 causes.
17 g. Explain the qualifications and procedures for
18 transfer of City personnel to District employment.
19 h. Submit a written report to the City on the
20 foregoing investigations and services.
21 2. The District shall perform its services hereunder
22 according to its reasonable discretion and shall not be under the
23 direction of the City as to the manner in which it shall supply
2`i said report, except that the District shall supply said report
25 fully and expeditiously in order to accomplish the objectives
26 enumerated in paragraph one hereof.
27 3. The City shall pay the costs incurred by the Dis-
28 trict in performing the services hereinabove mentioned, or
29 incidental thereto, at the rates established by the Auditor-
30 Controller of the County of Los Angeles.
31 4. The City shall cooperate with the District by
32 furnishing all personnel necessary for liaison with the District
76T576T- Cdb 2-70
1 and shall make available all City records for inspection by Dis-
t trict, and City personnel for interview, consultation and discus-
3 Sion with District, as District may from time to time request.
4 5. The City shall further assemble and process all
5 records and data in its possession as requested from time to time
6 by District for the purpose of this agreement.
7 6. If, subsequent to distribution of the report con-
8 templated by this agreement, negotiations for annexation are
9 commenced between the parties, and no annexation of the City to
10 the District actually occurs, the City agrees that it shall also
11 pay for all costs incurred by the District in administering the
12 medical examinations of City personnel which are incidental to
13 transfer to District employment.. The cost of such medical
14 examinations shall be established by the Auditor-Controller of
15 the County of Los Angeles.
16 7. This agreement may be terminated at any time by
17 either party thereto by the giving of at least thirty days
18 written notice of such termination to the other party; such
1~ termination when occurring is not, however, to affect the right
20 of the District to compensation at the rates specified herein
21 for any work done pursuant to this agreement up to the time of
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such termination date.
23 IN WITNESS WHEREOF, the parties hereto have caused
2~ this agreement to be executed by their duly authorized officers.
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76T576T- Cdb 2-`TO
1 Executed- This ~.-~...-.day of THE CITY OF VERNON
2
4 ~ Mayor
ATTEST: THE CONSOLIDATED FIRE PROTECTION
5 DI ICT OF LOS A LES COUNTY
City Clerk
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7 BY .i~~,, C airman
Deputy Board of Supervisors
8 Attest:
9 JAMES S. MIZE, Exec tive Office ~
~ r~
10 Cler o the Boar o Superviso ~
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. Deputy:
,12 APPROVED AS TO FORM: n
13 JOHN H,~,' LAR~S~ N, County Counsel
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By i, ~ F
LI ~ 6.
15 Deputy County Counse
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