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HomeMy WebLinkAboutResolution No. 2026-28Sponsored by: Administration CITY OF KENAI RESOLUTION NO. 2026-28 A RESOLUTION APPROVING AN AUTO AID AGREEMENT AND SUPPORTING OPERATIONAL PLAN WITH THE KENAI PENINSULA BOROUGH FOR EXCHANGE OF PERSONNEL AND EQUIPMENT RESPONSE TO STRUCTURE FIRES. WHEREAS, the City of Kenai Fire Department, Central Emergency Services and Nikiski Fire Service Area have an existing Auto Aid Agreement dated 2020; and, WHEREAS, changes to provided auto -aid staffing and equipment require updates to the agreement; and, WHEREAS, the agencies involved in these Agreements share the common goal of providing the most efficient and timely emergency services possible; and, WHEREAS, the agencies all provide some form of fire protection and/or emergency medical services within their respective boundaries; and, WHEREAS, to provide greater life and safety coverage, the agencies desire to work cooperatively to allow for more efficient and wider coverage within their areas of service; and, WHEREAS, to accomplish this, the agencies desire to provide the personnel and equipment necessary in the form of automatic aid; and, WHEREAS, the goal of these Agreements is to outline the procedures for carrying out an automatic aid response in the event of a structure fire; and, WHEREAS, it is in the best interest of the City of Kenai to update and authorize the City Manager and Fire Chief to enter into a new Auto Aid Agreement and supporting Operational Plan with the Kenai Peninsula Borough Fire Agencies of Central Emergency Services and Nikiski Fire Service Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council approves the Auto Aid Agreement and supplemental Operational Plan between the City of Kenai Fire Department, Central Emergency Services and Nikiski Fire Service Area. Section 2. That the Kenai City Manager and Kenai City Fire Chief are authorized to enter into an Auto Aid Agreement as attached with Kenai Peninsula Borough Fire Agencies of Central Emergency Services and Nikiski Fire Service Area. The City Manager and Fire Chief are further authorized to make and approve operational amendments to the Agreement and Plan as necessary without further Council action. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIEC2 ND DAY,�)lA� , 2026. Mstearr manor New Text Underlined; [DELETvD TEXP6R�cGKVED] Resolution No. 2026-28 Page 2 of 2 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Henry Knackstedt and Kenai City Council THROUGH: Terry Eubank, City Manager FROM: Jay Teague, Fire Chief DATE: April 09, 2026 SUBJECT: Resolution 2026-28 - Approving an Auto Aid Agreement and Supporting Operational Plan with the Kenai Peninsula Borough for Exchange of Personnel and Equipment Response to Structure Fires. Over the past year the Kenai Fire Department has collaborated with Chiefs from Central Emergency Services (CES), Nikiski Fire Department (NFD), as well as the City's and Borough's attorneys to revise our Auto Aid Agreement and Operations Plan to support that Agreement. This Agreement and Operational Plan are critical in providing guidelines for response to structure fires as set out in National Fire Protection Association (NFPA) and from the Insurance Services Office (ISO). A change in the operational plan was made where each agency will provide (3) personnel if staffing allows on auto -aid responses versus (2) personnel as outlined in the previous version of the operational plan. Station staffing and apparatus were evaluated and discussed specifically for changes from the previous Agreement. Language was changed to be consistent in both the Auto Aid Agreement, as well as the Operational Plan to the Auto Aid Agreement. Our partnership in providing responses to each other provides additional personnel and staffing, which in turn, improves the overall capabilities of each department. Your consideration in approving this Resolution is greatly appreciated. AGREEMENT FOR EXCHANGE OF AUTOMATIC AID BETWEEN THE CITY OF KENAI, KENAI FIRE DEPARTMENT AND THE KENAI PENINSULA BOROUGH, CENTRAL EMERGENCY SERVICE AREA AND NIKISKI FIRE SERVICE AREA April 2026 A. Parties and Agencies. The Parties to this Agreement for Exchange of Automatic Aid (Agreement) are the City of Kenai (Kenai) and the Kenai Peninsula Borough (KPB). The Agencies covered by this Agreement are Kenai's Fire Department (KFD), KPB's Central Emergency Service Area (CES), and KPB's Nikiski Fire Service Area (Nikiski Fire). Each Agency provides fire and emergency medical services within their respective jurisdictions. B. Purpose. The purpose of this Agreement is to allow the Agencies to work cooperatively to allow for more efficient and wider coverage within their jurisdictions in order to provide greater life and safety coverage through efficient and timely reciprocal fire services response. C. Operational Plan The Operational Plan details the procedures for automatic aid responses rendered pursuant to this Agreement, including the personnel, equipment, and response areas for the exchange of automatic aid. The Operational Plan has been developed and signed by the Fire Chiefs of KFD, Nikiski Firc, and CES, and is attached as Attachment A and incorporated by reference into this Agreement. The Operational Plan may be amended in writing as necessary and at the discretion of the Fire Chiefs of KFD, Nikiski Fife, and CES, and any such amendments will be automatically incorporated into this Agreement upon execution by all three Fire Chiefs. D. Term of Agreement and Termination 1. This Agreement is retroactively effective to December 31, 2025, and will continue until December 31, 2030. 'Phis Agreement may be renewed in writing by both Parties for two (2) additional five (five) year terms. This Agreement cannot extend beyond fifteen (15) years. 2. Notwithstanding the above, either Party to this Agreement may terminate the Agreement by giving no less than thirty (30) days written notice to the other Party and upon the running of thirty (30) days from such written notice, this Agreement will terminate. E. Modification This Agreement may only be amended, modified, or changed by a writing executed by authorized representatives of the Parties. F. Responsibility for Costs. Exchange of Automatic Aid Agreement / 2026 P ; i g e 1 3 1. Each Party will provide to the other a reasonable, professional, and reciprocal exchange of fire response services on a day-to-day basis at no additional cost. 2. Each Parry will bear its own costs for responding to an automatic aid request. G. Liabili 1. Neither Party or its personnel will be liable for failure to respond to an automatic aid request. 2. Each Party will be responsible for its own liabilities incurred by its Agencies traveling to the scene, at the scene, and returning to its station of origin. 3. In rendering emergency services under an automatic aid request, each Party will be responsible for its Agencies' acts and any liability incurred by such acts. 4. For purposes of this Agreement, each Party's employees shall be deemed to be the employees and agents of that Party only, and under no circumstances shall any employee be deemed to be an employee or agent of any other entity or the other Party. 5. All damages or repairs to any equipment or apparatus will be the responsibility of the Party that owns such equipment or apparatus, provided however that compensation for damages to equipment or apparatus that occurs durmg a natural disaster, a state of emergency, as declared by a local, state or federal governing authority, or any other incident for which state or federal aid is provided to the Party requesting aid, will be distributed to the Party providing aid in proportion to the level of actual involvement while providing automatic aid. 6. Nothing contained in this Agreement may be construed to be a waiver of either Party's qualified immunity, official immunity, or any other immunity or exemption from liability provided for by law. H. Release of Claims Except as provided in Section G(5) above, and to the extent allowed by law, both Parties agree to hold harmless and release the other Party from any and all liabilities, suits, claims, judgments, cost or demands for damage to its own property whether directly existing or indirectly arising out of the use of any vehicle, equipment or apparatus being used by either Party during the provision of service pursuant to this Agreement. I. Injuries to Personnel Any damage or other compensation which is required to be paid to either Party's employee or volunteer by reason of an injury occurring while the employee's or volunteer's services are being utilized pursuant to this Agreement will be the sole liability and responsibility of the Party regularly employing that person. J. Miscellaneous 1. No benefit to third parties. This Agreement may not be construed as, nor deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties will have any right of action hereunder for any cause whatsoever. 2. Conflict with laws. Nothing in this Agreement is intended to conflict with Federal, State or local laws or regulations. If there are conflicts, this Agreement will be amended at the first opportunity to bring it into conformance with applicable laws or regulations. Exchange of Automatic Aid Agreement 12026 Page 2 3 3. Survival. if any term of this Agreement is found to be void or invalid, such invalidity will not affect the remaining terms of this Agreement, which will continue in full force and effect. 4. Governing law and jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Alaska, without regard to conflict of law principles. Any lawsuits filed in connection with this Agreement must be filed and prosecuted in the Third Judicial District, State of Alaska, at Kenai, Alaska. 5. Entire agreement. This Agreement and exhibit(s) constitute the entire agreement of the Parties and supersedes all prior offers, negotiations, and agreements with respect to the subject matter of this Agreement. 6. Counterparts. This Agreement may be executed in counterpart, and may be executed by way of facsimile or electronic signature in compliance with AS 09.80, and if so, each of which will be considered an original, all of which together will constitute one and the same instrument. APPROVED: CITY OF KENAI Kenai Fire Department Terry Eubank, City Manager Date: Jay Teague, Kenai Fire Chief Date: ATTEST: Shellie Saner, Kenai City Clerk Approved as to form and legal sufficiency Scott Bloom, Attorney for City of Kenai KENAI PENINSULA BOROUGH Central Emergency Service Area Nikiski Fire Service Area Peter A. Micciche, Borough Mayor Date: Roy Browning, CES Fire Chief Date: John Harris, Nikiski Fire Chief Date: ATTEST: Michele Turner, CMC, Borough Clerk Approved as to form and legal sufficiency A. Walker Steinhage, Deputy Borough Attorney Exchange of Automatic Aid Agreement 12026 Page 3.3 OPERATIONAL PLAN ATTACHMENT A To THE AGREEMENT FOR EXCHANGE OF AUTOMATIC AID BETWEEN THE CITY OF KENAI, KENAI FIRE DEPARTMENT AND THE KENAI PENINSULA BOROUGH, CENTRAL EMERGENCY SERVICE AREA AND NIKISKI FIRE SERVICE AREA This Operational Plan details the procedures for automatic aid responses, including the personnel, equipment, and response areas, rendered pursuant to the Agreement for Exchange of Automatic Aid (Agreement) between the City of Kenai (Kenai) on behalf of the Kenai Fire Department (KFD) and the Kenai Peninsula Borough (KPB) on behalf of KPB's Central Emergency Service Area (CES) and KPB's Nikiski Fire Service Area (Nikiski Fire). A. Amount and Types of Assistance: 1. KFD's Responsibilities: KFD will provide a tanker/pumper and at least three (3) personnel on a first fire alarm response. The response will be to an incident scene. KFD's reciprocal response area for CES is defined as East and West Poppy Lane to the intersection of Kalifornsky Beach Road and the Sterling Highway (Mile 0, Kalifornsky Beach Road), and from Strawberry Road to Spruce and Frontier Drive and all roads connected thereto. KFD's reciprocal response for Nikiski Fire will be Nikiski Fire's entire jurisdiction. 2. CES's Responsibilities: CES will provide a tanker/pumper and at least three (3) personnel on a first alarm fire response to KFD. The response will be to the incident scene. CES's reciprocal response area for KFD will be to KFD's Districts 3 and 4. CES will have no reciprocal response area for Nikiski Fire. 3. Nikiski Fire's Responsibilities Nikiski Fire will provide a tanker/pumper and at least three (3) personnel on a first alarm fire response to KFD. The response will be to the incident scene. Nikiski Fire's reciprocal response will be to KFD's Districts 1 and 2. Nikiski Fire will have no reciprocal response area for CES. B. Call -Out Procedures 1. Upon report of a first alarm fire to a 9-1-1 call center within the automatic aid response area, the 9-1-1 call center will request assistance from the appropriate reciprocating Agency. Attachment A to Exchange of Automatic Aid Agreement Pagel of 3 2. Upon request for assistance, the reciprocating Agency will respond if 1) the reciprocating Agency is available; 2) the reciprocating Agency is capable of aiding the incident as described to the 9-1-1 call center; and 3) the aid is within the authorized powers of the reciprocating Agency. 3. The reciprocating Agency will send the applicable equipment and personnel set forth in Sections A(1), A(2), or A(3) without delay and subject to the following conditions: i. The reciprocating Agency must report to the Incident Commander (IC) and will be subject to the direction of the IC or Officer in Charge (OIC). ii. The reciprocating Agency's personnel and equipment will be released as soon as its reciprocal services are no longer required or if the reciprocating Agency is needed to respond to an emergency within its home jurisdiction. iii. If the reciprocating Agency is directed to backfill or staff another Agency's station, the requesting Agency will grant the reciprocating Agency access to the requesting Agency's station for appropriate parking of apparatus. iv. Whenever the officials, employees, and/or volunteers from the reciprocating Agency are rendering reciprocal aid, such persons shall receive the samecompensation and shall have the same powers, duties, nights, privileges, and immunities equal to their employment or position as if such aid were being rendered in their home jurisdiction. C. Training At a minimum, the Agencies will hold joint training exercises annually between each of the individual Agencies covered by this Agreement under the direction of the Agencies' Chiefs or the Agencies' Chiefs' Operations or Training Officers. Classroom instruction should be available upon request by each Agency. D. Communications 1. Radio. Pre-programming will be entered' into station alerting for automatic aid per department and district. The requesting Agency dispatch will call the responding Agency dispatch center to confirm it is aware automatic aid is needed. After initial automatic tone - out, the dispatcher for each Agency shall announce on the radio that automatic aid is needed at the address of the structure fire, in District 1, 2, 3, or 4. For the purposes of this Operational Plan, District I is the area off of the Spur Highway from the intersection of Kenai Spur Road (KSR) and Sunset/Borgen Avenue to the intersection of KSR and Spruce Street and all roads connected thereto. District 2 is the area from the intersection of KSR and Spruce Street to the intersection of KSR and McCullom/Tinker including Bridge Access Road (BAR) to the intersection of Beaver Loop Road (BLR) and all roads connected thereto. District 3 is the area from Mile 3.4 KSR to the intersection of KSR and McCullom/Tinker including BLR to the midpoint on the East side of BLR and all roads connected thereto. District 4 includes all of VIP Subdivision and BAR from the intersection of Kalifornsky Beach Road and BAR to the intersection of BAR and BLR and BLR to the midpoint on the West side of BLR and all roads connected thereto. 2. After notifying its dispatch center that it is enroute, the responding Agency will switch to the requesting Agency's dispatch channel, and advise the requesting Agency's dispatch that it is enroute. 3. In all cases, the responding Agency will communicate with Command unless advised Attachment A to Exchange of Automatic Aid Agreement Page 2 of 3 otherwise. Radio traffic will be kept to a minimum. Clear text will be used when possible. E. Fire Incident EMOrtinga. Each Agency will be responsible for reporting the incident in accordance with that Agency's policy and procedures. APPROVED: CITY OF KENAI Kenai Fire Department Jay Teague, Kenai Fire Chief Date: KENAI PENINSULA BOROUGH Central Emergency Service Area Nikiski Fire Service Area Roy Browning, CES Fire Chief Date: John Harris, Nikiski Fire Chief Date: Attachment A to Exchange of Automatic Aid Agreement Page 3 of 3