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
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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