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Resolution No. 8762 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 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 4 5 6 7 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 8 9 10. protection and rescue services within their respective jurisdictional limits; and 11 12 13 WHEREAS, the City and the District want to coordinate each jurisdiction's responsibility concerning the reasonable and reciprocal 14 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. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / - 2 - 1 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. 5 6 7 8 9 10 ~~L~..~' LEONIS C. MALB RG, Ma or ATTEST: / /~~ 11 BRUCE V. MALKENHORST, City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGgLES 3 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. 10 11 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A-~~//4~~ BRUCE V. MALKENHORST, City Clerk - 4 - , , , . EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -1- 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 28 //I -2- 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. 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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 -3- . . -4- 15 16 17 18 19 20 . 21 22 23 24 25 26 27 . . . . . . . 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. 4 CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY CITY OF VERNON 5 6 7 8 9 10 II 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) -5- SUPPORTING DOCUMENTS .- AGREEMENT FOR EXCHANGE OF FIRE PROTECTION AND RESCUE SERVICES AUTOMATIC AID/INITIAL ACTION 8 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. 26 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 -1- .. 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 28 11/ -2- I 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. W X 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 -3- .. " 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. 17 II 18 II 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 /I -4- . < ...... 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. 4 CONSOLIDATED FIRE PROTECTION 5 DISTRICT OF LOS ANGELES COUNTY 6 CITY OF VERNON 8 9 10 11 12 ATTEST: DATE DATE t,,9-0S- ATTEST: 13 VIOLET VARONA-LUKENS 14 Executive Officer-Clerk of The Board of Supervisors 15 / ~/7.~ By r///4'~ City Clerk, Bruce V. Malkenhorst 16 By Deputy 17 18 19 APPROVED AS TO FORM: APPROVED AS TO FORM: 20 RAYMOND G. FORTNER, JR. County Counsel 21 22 By 23 Deputy 24 25 26 27 By City Attorney, 28 F:\PLANNlNGV<ClAuto Aid -Vernon (4/1212005) -5- 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. -2- 7-11-77 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 3 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 22 such termination date. 23 IN WITNESS WHEREOF, the parties hereto have caused 2~ this agreement to be executed by their duly authorized officers. 25 28 31 32 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 6 ~ 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 ~ ~ . Deputy: ,12 APPROVED AS TO FORM: n 13 JOHN H,~,' LAR~S~ N, County Counsel g By i, ~ F LI ~ 6. 15 Deputy County Counse 17 18 20 21 22 23 24 25 26 27 28 29 30 81 32