HomeMy WebLinkAboutSan Marcos Fire Protection District; 1986-10-08;J-- .ibit A to Resolution No. 8830
AUTOMATIC AID AGREEMENT __---__----_----_-------.
THIS AGREEMENT,
a$?- f& by
made and entered into this ,/'* day of ---
t/ and between the San Marcos Fire Protection Distri t, a political subdivision of the State of California, and the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad".
WITNESSETH: _----_----_
WHEREAS, both Carlsbad and the San Marcos Fire Protection District maintain as part of their municipal service, an organized and equipped Fire Department, charged with the duty of fire protection and rescue within the corporate limits of said
districts; and
WHEREAS, investigation has disclosed it would be to the benefit of each party hereto, that the services of each Fire Department be, in certain circumstances, extended outside of the corporate limits of each party hereto and into the corporate limits of the other party thereto; and
WHEREAS, the parties hereto recognize that in certain circum- stances, it is advantageous to utilize the nearest available fire suppression and rescue forces to provide the most effective response to emergency alarms regardless of jurisdictional boundaries; and
WHEREAS, the parties hereto both desire that in some circumstances Carlsbad will respond to fire rescue incidents within the corporate limits of San Marcos, and that in some circumstances the San Marcos Fire Protection District will respond to fire and rescue incidents within the corporate limits of the City of
Carlsbad.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
1. That, pursuant to the authority granted by Section 55632 of the Government Code, the parties hereto agree to respond to
emergency fire alarms outside of its corporate geographical limits,
and into the corporate geographical limits of the other in
accordance with the terms and conditions hereinafter set forth.
The automatic aid territories covered by this agreement are set
forth in maps attached hereto marked Exhibit A and made a part hereof as though set forth in full herein.
2. That the specific details of the services to be provided under this agreement shall be determined by the respective Fire Chiefs and approved by the City of Carlsbad and the Board of Directors of the San Marcos Fire Protection District. It is
understood that all plans which deal with emergency response shall adhere as closely as practical to the "nearest unit's" concept of
first alarm response which forms the basis for this agreement.
Upon the mutual consent of the City of Carlsbad and the Board of
Directors of the San Marcos Fire Protection District and the Fire
Chiefs of the parties hereto, modifications may be made, due to changing conditions, to the automatic aid territories set out in Exhibit A.
3. That each of the parties will provide fire apparatus to geographical areas of the other District.
4. That Carlsbad agrees to indemnify and hold the San Marcos
Fire Protection District harmless from loss, liability, claim, suit
or judgment resulting from obligations of Carlsbad for work or acts
done or omitted by the San Marcos Fire Protection District which
are or may be done, or required by, or pursuant to this agreement. The San Marcos Fire Protection District agrees to indemnify and hold Carlsbad harmless from loss, liability, claim, suit or judgment resulting from obligations of the San Marcos Fire Protection District which are or may be done, or required by, or pursuant to this agreement. These provisions are included in accordance with Government code, Section 895.4, and are applied to all parties herein.
5. That each party hereto shall maintain Worker's
Compensation Insurance covering its own employees without cost to the other party, and the City of Carlsbad and the San Marcos Fire Protection District shall pay its own personnel without cost to the other District/Department.
6. That each of the parties hereto shall be fully responsible for all repair, maintenance and upkeep, including gas, oil, lubrication, parts replacement and repair of casualty damage, of
all of its own equipment used pursuant to this agreement while said equipment is used outside of its geographical limits.
7. That the extraterritorial services be rendered pursuant to this agreement shall consist of providing first alarm fire suppression and rescue services; and Carlsbad and the San Marcos Fire Protection District agree to also provide additional equipment required, via existing mutual aid agreements, if necessary in the event of a second or third alarm involvement within its own
geographical limits.
8. That each party to this agreement warrants and represents
that it has sufficient equipment to handle normal involvement for
which it shall be responsible under this agreement, but neither
party shall be expected to respond pursuant to this agreement with
special equipment for any involvement within its geographical
boundaries.
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9. That each party hereto shall provide all the police traffic control personnel within its geographical limits necessary
to the entry therein of the equipment and personnel of the other party thereto in the performance of this agreement.
10. That the Fire Chief of each party hereto, under the administrative direction of the City of Carlsbad and the Board of Directors for the San Marcos Fire Protection District, shall have
joint authority and responsibility for the administration of this
agreement which they may delegate to their agents or employees in
their respective Fire Departments.
11. That each party hereto shall furnish to the other in
writing, the names and rank of all participating officers.
12. That no payments of any kind shall be made between the
parties hereto as compensation for any services performed pursuant
to this agreement.
13. That this agreement does not conflict with or supersede
any existing "Mutual Aid" agreement between the parties hereto.
14. That this Agreement shall be effective as of the day and
year hereinafter written and continue until terminated by either
party by giving notice, in writing, of its intention to terminate
not less than ninety (90) days from and after the date of said
notice.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written,
dfiA5Qw ---------------------------- Chairman, Board of Directors San Marcos Fire Protection
District San Marcos, California
July 10, 1986 ------------------------~-- Date
Mayor / City of Carlsbad .
Carlsbad, California
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