HomeMy WebLinkAbout1994-002
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RESOLUTION NO.
94-2
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION WITH THE
3 SECRETARY OF THE AIR FORCE BETWEEN THE CITY AND NORTON AIR FORCE
BASE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1.
The Mayor of the city of San Bernardino is
7 authorized and directed to execute on behalf of said City an
8 Agreement for Mutual Aid in Fire Protection with the Secretary of
9 the Air Force between the City and Norton Air Force Base, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length. Said
12 agreement will be in effect until March 31, 1994, or earlier as the
13 parties may mutually agree.
14 SECTION 2. The authorization to execute the above-referenced
15 agreement is rescinded if the parties to the agreement fail to
16 execute it within one hundred eighty (180) days of the passage of
17 this resolution.
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94-2
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at a reqular meeting thereof, held on the 10th
, 19 94, by the following vote, to
2
4 day of Januarv
5 wit:
6 Council Members:
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
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15
16
YES
NAYS
ABSTAIN
1\IHNI'
x
x
x
x
x
x
x
Ri2~
~r-L
City Clerk
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The foregoing resolution is hereby approved thisJ ~ T"-. day of
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January
19 94
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..)-?'1 ' ./ f . ~
/ (Z/ , 'f . 0c c_ch
Tom Minor, Mayor
city of San Bernardino
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21
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Approved as to Form
23 and Legal Content:
24 James F. Penman
City Attorney
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26 '/tt.~ I {h ,______
qity Attorney
27 / '
C_j
28 12/9/93
-2-
94-2
Original
AGREEMENT FOR MUTUAL AID IN FIRE
PROTECTION (US)
'1
This agreement, entered into this \~ day of '~~""~'i\"-" 199\, between
the Secretary of the Air Force acting pursuant to the authority of 42 U.S.C
(1856(A)) and San Bernardino Fire Department is for securing to each the bene-
fits of mutual aid in fire prevention, in the protection of life and property
from fire, or other disaster and emergency situations, and in fire fighting.
It is agreed that:
a. On request to a representative of the Norton Air Force Base Fire
Department by a representative of the San Bernardino Fire Department, fire
fighting equipment and personnel of the Norton Air Force Base Fire Department
will be dispatched to any point within the area for which the San Bernardino
Fire Department normally provides fire protection as designated by the repre-
sentatives of the San Bernardino Fire Department.
b. On request to a representative of the San Bernardino Fire Department
by a representative of the Norton Air Force Base Fire Department, fire
fighting equipment and personnel of the San Bernardino Fire Department will be
dispatched to any point within the fire fighting jurisdiction of the Norton
Air Force Base Fire Department as designated by the representative of the
Norton Air Force Base Fire Department.
c. Any dispatch of equipment and personnel pursuant to this agreement is
subject to the following conditions:
(1) Any request for aid hereunder shall include a statement of the
amount and type of equipment and personnel requested, and shall specify the
location to which the equipment and personnel are to be dispatched, but the
amount and type of equipment and number of personnel to be furnished shall be
determined by a representative of the responding organization.
(2) The responding organization shall report to the officer in charge
of the requesting organization at the location to which the equipment is
dispatched and shall be subject to the orders of that offici.al.
(3) A responding organization shall be released by the requesting
organization when the services of the responding organization are no longer
required or when the responding organization is needed within the area for
which it normally provides fire protection.
(4) In the event of a crash of aircraft owned or operated by the
United States or military aircraft of any foreign nation within the area for
which the San Bernardino Fire Department normally provides fire protection,
the chief of the Norton Air Force Base Fire Department or his or her represen-
tative may assume full command on arrival at the scene of the crash.
d. San Bernardino Fire Department may claim reimbursement for the direct
expenses and losses which are additional fire fighting costs above the normal
operating costs incurred while fighting a fire under this agreement and pro-
vided in 44 C.F.R., Part 151.
EXHIBIT "A"
94-2
e. Each party waives all claims against every other party for compen-
sation for any loss, damage, personal injury or death occurring as a con-
sequence of the performance of this agreement.
f. All equipment used by San Bernardino Fire Department in carrying out
this agreement will, at the time of action hereunder, be owned by it; and all
personnel acting for San Bernardino Fire Department under this agreement will,
at the time of such action, be an employee or volunteer member of the San
Bernardino Fire Department.
g. This agreement will become effective on the date an authorized repre-
sentative of the San Bernardino Fire Department signs the agreement. This
agreement will terminate on 31 March 1994, or earlier as the parties may
mutually agree.
City of San Bernardino
For the Secretary of the Air Force
o~~.~'
OHN D. HOP R, R~, Colonel, USAF
ommander, ea uarters 63d Airlift Wing
Norton Air Force Base, California
For San Bernardino Fire Department;
-;~ }U{~1-0~
Tdm Minor, Mayor
Attest:
/1
.Ly N:..J~ U~L
Cit;~lerk
Approved as to Form and Legal Content:
JAMES F. PENMAN
CITY ATTORNEY
By:
L
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EXHIBIT "A"