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
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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
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