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Res 115 RESOLUTION NO. 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING AGREEMENT WITH THE CITY OF ESCONDIDO FOR AUTOMATIC AID WHEREAS, the City of Escondido 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. 2. The City Manager be, and he is, authorized to execute said "Agreement". PASSED and ADOPTED this 16th day of June, 1981 , City Mayor ATTE ST: !City Clerk AGREEMENT THIS AGREEMENT is made by THE CITY OF ESCONDIDO, a muni- cipal corporation, and THE CITY OF POWAY, a municipal corpora- tion, herein called "Parties". RE C I TA'LS A. The City of Bscondido and the City of Poway maintain as part of their municipal services, organized and equipped Fire Protection Organizations charged with the duty of fire related emergency responses within their respective jurisdictional limits. B. Investigation has disclosed 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 of their respective jurisdictional limits and into the jurisdictional limits of the other party. C. The parties desire that in some circumstances the Fire Protection Organization of the other party will respond to fire related emergency responses within its jurisdictional limits. NOW, THEREFORE,' in consideration of the recitals and the mutual obligations of the parties as herein expressed, the City of Escondido and the City of Poway agree as follows: 1. The parties of this agreement agree to respond to fire related emergency responses outside of their respective jurisdic- tional limitations, and into the jurisdictional limitations of the other party in accordance with the following terms and condi- tions. 2. Political bounda,ries between the co-signers of this agreement shall be dropped, All plans which deal with fire relat~ emergency responses shall adheTe as closely as possible to the nearest unit concept, without regard to political jurisdiction. The signing of this agreement represents each party's 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, 5. The Chiefs of the parties' Fire Protection Organization~ are authorized to execute supplementary agreements Tegarding operational procedures and planning as are necessary to implement this agreement. An operational committee consisting of the Chief 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 offi- cers. 4.. The duties of Incident Commander shall be assumed by th senior ranking fire official from a participating agency who is present at the scene of the incident, without regard to the juris diction in which the incident occurs. There shall be an orderly EXHIBIT "A" 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. S. Escondido 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 Escondido'~ employees and all claims which arise from or are connected with Escondido's performance or failure to perform the obligations of this agreement, or are caused or claimed to be caused by the acts of Escondido, Escondido's agents or employees; and all expenses of investigating and defending against same, Poway agrees to indemnify and save Escondido and its agents amd employees harmless from any and all liability, claims, dama- ges, or injuries to any person including injury to Poway employee~ and all claims which arise from oz are connected with Poway's performance or failure to perform the obligations of this agree- ment, 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 immunitie~ conferred upon the parties by operation of law, 6. Each party to this agreement shall cover its employees' ~orkers~ Compensation liability without cost to the other party, and each shall payroll its own personnel without cost to the other party. 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 out- side of its political boundaries. However, during a prolonged suppression activity, the requesting agency shall replenish fuel as needed and provide minor maintenance of fire suppression equip ment. 8, The requesting party shall provide the responding party personnel with necessary food and refreshments, Any chemical agents used for fire suppression by the responding party shall be replenished by the requesting party. 9. The parties to this agreement shall provide each res- ponding apparatus with a crew of a minimum of three trained fire fighters including a full-time paid commanding officer, and a fu] compliment of equipment according to the National Fire Protectio~ 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 Page 2 of 5 agreement. It is understood and agreed that no money payments shall be made between the parties, that no charges shall be assessed by any party against any other party except as express- ly provided in this agreement. 11. Nothing in this agreement shall limit either party from participating in separate agreements with other fire juris- dictions and shall have no effect upon the existing San Diego County Mutual Aid Agreement. 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 upon giving written notice of intent to terminate by January 1 with such termination becoming effective the following July 1, Notice to be given as follows: CITY OF ESCOND1DO: Fire Chief and City Clerk CITY OF POWAY: Fire Chief and City Clerk IN WITNESS WHEREOF, this AGREEMENT is executed by the City of Escondido, acting by and through its City Manager~ pursuant to Resolution No. authorizing such execution, and by the City of Poway by and thiough its City Manager pursuant to Reso~ lution No, ' authorizing such execution. Dated: Dated: CITY OF PowAY CITY OF ESCONDIDO By By City Manager City Manager I HEREBY APPROVE the form and I HEREBY APPROVE the form and legality of the foregoing legality of the foregoing agreement this' day of agreement this day of , 19~ , 19 . JEAN L. HARRIS, ATTORNEY AT LAW, City Attorney Jean L, Harris Page 3 of 3