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Home My WebLink About1978-11-07; City Council; Resolution 55971 2 3 4 9 1c 11 c 0 1-2 2( 21 2; 21 2: 2t 2': 2t RESOLUTION NO. 5597 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE ENCINITAS FIRE PROTECTION DISTRICT FOR AN AUTOMATIC AID PROGRAM FOR FIRE PROTECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does ereby resolve as follows: 1. That that certain agreement between the City of Carlsbad nd the Encinitas Fire Protection District for an Automatic Aid rogram for Fire Protection, a copy of which is attached hereto larked Exhibit A and made a part hereof, is hereby approved. 2. That the City Manager of the City of Carlsbad is hereby iuthorized and directed to execute said agreement for and on )ehalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Iity Council of the City of Carlsbad, California, held on the 7th day of November , 1978 by the following vote, to wit: AYES : Councilmen Skotnicki, Anear, Lewis and NOES: None Councilwoman Casler ABSENT: Councilman Packard 'RONALD C . PACKARD , Mayor ITTEST : GETHA L. FWTENKRANZ , City&lerk , P 3. f. ' TO RESOLUTION NO. 5597 AUTOMATIC AID AGREEMENT THIS AGREEMENT, made and entered into this 11th day of October 1 1978, by and between the Encinitas Fire Protection District, a political subdivision of the State of California, ' and the City of Carlsbad, Califcrnia, a municipal corporation, hereinafter referred to as "Carlsbad", . WITNESSETH: . .. WHEREAS, both the Encinitas Fire Protection District and Carlsbad maintain as part of their municipal. service, an organized an6 equipped Fire Department, charged with the duty c of fire protection and rescue within the corporate limits of said district and city; and WHEREAS, investigation has disclosed it would be to the benefit of9each 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 hereto; and WHEREAS, the parties hereto recognize that in certain circumstances, 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 cir- cumstances the Encinitas Fire Protection District will respond to fire and rescue incidents within the corporate limits of e Carlsbad and that in some circumstances the City of Carlsbad will respond to fire and rescue incidents within the corporate limits of the Encinitas Fire Protection District. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, CONVENANTS 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 a map attached hereto marked Exhibit "A" and made a t part hereof as though set forth in full herein. 2. That the spe.c.ifkcdetails of the services to be pro- vided under this agreement shall be determined by the respective Fire Chief and approved by the Board of Directors of the Encinitas Fire Protection District and the City Manager of Carlsbad. 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 Board of Directors 'of the Encinitas Fire Protection District and the City Manager of Carlsbad and Fire Chief of the parties hereto, modifications may be made, due to changing conditions, to the automatic aid territories set out in Exhibit "A". -2- .' -.' 0 . 3. That each of the parties willprovide fire apparatus to geographical areas of the other District or City. 4. That the Encinitas Fire Protection District agrees to indemnify and hold Carlsbad harmless from loss, liability, claim, suit or judgment resulting from obligations of the Encinitas Fire Protection District for work or acts done or omitted by Carlsbad which are or may be done, or required by,.ar pursuant to this agreement. Carlsbad agrees to indemnify and hold the Encinitas Fire Protection District harmless from any loss, liability, claim, suit or judgment resulting from obligations of Carlsbad for work or acts done, or omitted by the Encinitas Fire Protection District which are or may be done, or 7 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 Encinitas Fire Protection District shall pay its own personnel without cost to the other City or District. 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. r' -3- _- .. , .I P 7. That the extraterritorial services to be rendered pursuant to this agreement shall consist of providing first alarm fire suppression and rescue services; and the Encinitas Fire Protection District and the City of Carlsbad agrees 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 involvements for which it shall be responsible under this agree- ment, but neither party shail be expected to respond pursuant to this Ggreement with special equipment in any territory of the other party, and each party shall furnish its own special equipment for any involvement within its geographical-boundaries. 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 hereto in the performance of this agreement. 10. That the Fire Chief of each party hereto, under the administrative direction of the Board of Directors for the . Encinitas Fire Protection District and the City Manager for -- Carlsbad, 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. That each party hereto shall furnish to the other in 11. 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. -4- '. I a * 13. That this agreement does not conflict with or super- sede an existing "Mutual Aid" agreement between the parties thereto. 14. That this agreement shall be effective as of the day and year hereinabove 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 ab'ove written. :3 gfl2dLzLi.f /a/.- Chairmain, Board of Directors District . Carlsbad, California Encinitas, California . Encinitas Fire Protection City of Carlsbad -5- c RESOLUTION NO. 78-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ENCINITAS FIRE PROTECTION DISTRICT, ENCINITAS, CALIFORNIA AUTHORIZING THE CHAIWAN OF THE BOARD TO EXECUTE AGREEMENT FOR AUTOMATIC AID WITH THE . CITY OF CARLSBAD. TO BE RESOLVED by the Board of Directors of the Encinitas Fire Protection District, Encinitas, California, as follows: 1. That an Automatic Aid program for fire protection between the Encinitas Fire Protection District and the City of Carlsbad is hereby accepted. 2. The Chairman of the Board of Directors of the Encinita2 Fire Protection District is hereby authorized to execute an agreement between the Encinitas Fire Protection District and the City of Carlsbad for this purpose, contingent upon acceptance of this agreement by the Carlsbad City Council. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Encinitas Fire Protection District at a regular meeting held the 11th day ofOctober , 1978, by the following vote, to wit: AYES: Raub, Rusch, Lingle, Roberts, Correll NOES : ABSENT : None Board of Directors ATTEST : - , ,. District Secretary *