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Res 114 RESOLUTION NO. 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING AGREEMENT WITH THE CITY OF SAN DIEGO FOR AUTOMATIC AID WHEREAS, The City of San Diego and the City of Poway maintain equipped fire protection organizations charged with the duty of fire-related emergency responses within their res~ pective jurisdictional limits; and WHEREAS, it would be to the benefit of each party that the services of each of their fire protection organizations be, in some circumstances, extended outside their respective jurisdictional limits and into the jurisdictional limits of the other party; and WHEREAS, an "Agreement" has been prepared setting forth the terms and conditions of such responses and it is in the best interest of the City of Poway to enter into such "Agreement"; NOW, THEREFORE~ BE IT RESOLVED that: 1. The "Agreement" attached hereto and marked Exhibit "A" is hereby approved. The City Manager be, and he is, authorized to execute said "Agreement". PASSED and ADOPTED this 16th day of June, 19Sl , / ~ ~City Mayor ATTEST: I ~ 'City Clerk request of the other party for assistance in responding to fire related emer- gency responses which occur geographically closer to the other party's fire suppression units. 3. The Chiefs of the parties' Fire Departments are authorized to execute supplementary agreements regarding operational procedures and planning as are necessary to implement this agreement. An operational committee consisting of the Chiefs or their designate(s) of the Fire Protection Organization of the Parties shall implement this agreement. Each party shall furnish the other in writing the name and rank of all participating officers. 4. The duties of Incident Commander shall be assumed by the senior rank- ing fire official from a participating agency who is present at the scene of the incident, without regard to the jurisdiction in which the incident occurs. There shall be an orderly transfer of command when an officer of equal or higher rank from the jurisdiction in which the incident occurs arrives at the scene, if that officer seeks to assume Incident Command. 5. San Diego agrees to indemnify and save Poway and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to San Diego's employees and all claims which arise from or are connected with San Diego's performance or failure to perform the obligations of this agreement, or are caused or claimed to be caused by the acts of San Diego, San Diego's agents or employees; and all expenses of investigating and defending against same. Poway agrees to indemnify and save San Diego and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Poway employees and all claims which ar~se from or are con- nected with Poway's performance or failure to perform the obligations of this -2- agreement, or are caused or claimed to be caused by the acts of Poway, Poway's agents or employees; and all expenses of investigating and defending against same. Nothing in this agreement is intended by the parties to diminish, waive, or otherwise affect the privileges and immunities conferred upon the parties by operation of law. 6. Each party to this agreement shall cover its employees' Workers' Com- pensation liability without cost to the other party, and each party shall payroll its own personnel without cost to the other department. 7. Each party shall be fully responsible for all repairs, maintenance and upkeep, including gas, oil, lubrication, parts replacement, and repair of casualty damage, of its own equipment used pursuant to this agreement while its equipment is used outside of its political boundaries. However, during pro- longed suppression activities, the requesting agency shall replenish fuel as needed and provide minor maintenance of fire suppression equipment. 8. The requesting party shall provide the responding party's personnel with necessary food and refreshments. Any chemical agents used for fire suppression by the responding party shall be replenished by the requesting department. 9. The parties to this agreement shall provide each responding apparatus with a crew of a minimum of three trained fire fighters including a full-time paid commanding officer, and a full complement of equipment according to the National Fire Protection Association standards as stated in pamphlet 1901. 10. The assurance of automatic aid to the parties shall constitute the sole consideration for the performance of this agreement. It is understood and agreed that no money payments shall be made between the departments, that no charges shall be assessed by any party against any other party except as expressly provided in this agreement. -3- 11. Nothing in this agreement shall limit either party from participating in separate agreements with other fire jurisdictions and shall have no effect upon the existing San Diego County Mutual Aid Agreement. Should any party withdraw for any reason from the existing County Mutual Aid Agreement, this agreement is automatically terminated upon the effective date of such withdrawal from mutual aid. 12. In order to standardize fire fighting procedures among, the signatories of this agreement and to ensure efficient fire suppression operations at any incident where automatic aid is being rendered, the parties to this agreement agree to establish a system of cross-training for their fire fighting personnel. This agreement may be terminated by either party upon giving the other ,jurisdiction's Fire Chief and City Clerk written notice of intent to terminate by January i with such termination to become effective the following July 1. IN WITNESS WHEREOF, this agreement is executed by The City of San Diego, acting by and through its City Manager, pursuant to Resolution No. authorizing such execution, and by the Poway by and through its City Manager pursuant to authorization of the City of Poway. Dated day of , 1981. CITY OF POWAY CITY OF SAN DIEGO By City Manager City Manager I HEREBY APPROVE the form and I HEREBY APPROVE the form and legality of the foregoing agreement legality of the foregoing agreement this day of , 1981. this day of , 1981. City Attorney JOHN W. WITT, City Attorney By By S. Patricia Rosenbaum, Deputy