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R 2965 " RESOLUTION NO. 2965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE OTHER FIRE DEPARTMENTS IN SOUTH SAN LUIS OBISPO COUNTY FOR AUTOMATIC AID RESPONSE TO EMERGENCIES BE IT RESOLVED by the City Council of the city of Arroyo Grande as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A," and incorporated herein by reference, between the City of Arroyo Grande and the cities of Grover Beach, Pismo Beach and the Oceano Community Services District, for automatic aid in fire- related emergencies outside of their respective jurisdictional limits and into the jurisdictional boundaries of the other party, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The city Clerk of the City of Arroyo Grande shall furnish a copy of this resolution and a copy of the executed agreement hereby approved to the other agencies entering into the agreement. On motion of Council Member Moots , seconded by Council Member Souza , and on the following roll call vote, to wit: AYES: Council Members Moots, Souza, Brandy, Burke and Mayor Gallagher NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of January, 1993. m M. P. , MAYOR ATTEST: a. ~ IS, CITY CLERK APPROVED AS TO FORM: 'v---- ITY ATTORNEY I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2965 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 12th day of January, 1993. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 18th day of January, 1993. ~ a. bh1~--' NANCY A. D IS, CITY CLERK <" . AGREEMENT FOR AUTOMATIC FIRE PROTECTION AID This Agreement is made and entered into this 12th day of January ,1993, by and " between the Cities of Arroyo Grande, Grover Beach, Pismo Beach and the Oceano Communi ty Services District, through their duly qualified representative hereinafter called the Agencies. WITNESSETH Whereas. the agencies maintain and operate fire protection organizations within their respective cities or special district; and Whereas. Section 13050 of the Health and Safety Code authorizes the use of the apparatus, equipment and fuefighting force of any public entity outside the jurisdictional limits of that public entity. For the purpose of providing fl1"C protection or fl1"Cfighting service; and Whereas, it is the desire of the agencies hereto to render automatic fue protection aid when such aid is necessary; and Whereas. the chief officers of the South County after careful review of fire incidents have identified a need for a more immediate response of necessary resources to control and mitigate an incident in its early stages; and Whereas, the solution to the need for resources can be mitigated through a pre-set, identified automatic response of fl1"C deparnnent resources to reduce response times. provide adequate staff levels and provide a high level of service to the citizens; and Whereas, the participating agencies have demonstrated a successful history or working together through development and participation in the South County recruit training program. .-,.-...---.- .-"" ---_.- -- - -~-- -- --- " .- ... NOW, TIIEREFORE, in consideration of the recitals and the mutual obligations of the parties herein expressed, the Cities of Arroyo Grande, Grover Beach, Pismo Beach and the Oceano Community Services Disttict mutually agree as follows: 1. The panies of this Agreement agree to respond to emergencies outside of their respective jurisdictional limits and into the jurisdictional boundaries of the other pany in accordance with the following tenns and conditions. 2. To furnish fire protection personnel. equipment, materials, and supplies and to render such fire protection services to each other as may be necessary to suppress fires of a magnitude that has developed or appears likely to develop. beyond the control of a single agency and therefore, requires the combined forces of the parties hereto. 3. The participating agencies shall automatically respond with the equipment pre- identified by the agency representatives. 4. No panicipating agency shall be required to deplete its own fire protection resources, personnel, services and or facilities to the dettiment of its nonnal fITe protection responsibilities. 5. The parties shall make every effon to return personnel and equipment to their jurisdiction as soon as possible. 6. No response to an automatic fire protection aid request provided for in this Agreement will be made by the parties hereto unless such request is received through the established communication channels common to each pan. 7. Representatives of the parties' Fire Departments are authorized to execute supplementary agreements regarding operational procedures and planning as are necessary to implement this Agreement Each pany shall furnish the other in writing the name and title of the representatives. 8. Nothing in this Agreement is intended by the panies to diminish, waive, or otherwise affect the privileges and immunities conferred upon the parties by the operation of law. . . - - 9. Each party to this Agreement shall cover its employees' Workers' Compensation liability without cost to the other party, and each party shall pay salaries and benefits when available for its own personnel without cost to the other party. 10. Under nonnal circumstances automatic aid provided under this Agreement is made with the express understanding that the Incident Commander (in whose jurisdiction the incident requiring aid has occurred) shall remain in charge at such incident including the direction of the personnel and equipment provided him/her through the operation of this automatic aid agreement. In the event a qualified Incident Commander is not available from the receiving jurisdiction, the duties of Incident Commander may be assumed by the senior ranking fire officer 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 from the jurisdiction in which the incident occurs arrives. 11. 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. 12. During prolonged emergency activities the requesting party shall provide for the well being of the responding party's personnel. 13. The assurance of automatic aid to the parties shall constitute the sole consideration for the perfonnance 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. 14. Nothing in this Agreement shall limit either party from participating in separate agreements with other fire jurisdictions. 15. Government Code Sections 50925 et.seq (extraterritorial activities of fireman) are incorporated into this Agreement and shall apply to all cases of mutual aid. ---.. ----..--- .---..---- ~--- . ~ . 16. This Agreement shall commence on the date herein above written, and shall remain in full force, unless terminated by any of the agencies giving the other agencies involved (90) days notice in writing of such tenninations. 17. This Agreement constitutes the entire understanding of the panies hereto and no changes, amendments, or alterations shall be effective unless in writing and signed by all parties. IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first hereunder written. 1. Gran~ . Date: / -/..s~Zt .2. City of Beach by: Date: 3. City of Pismo Beach by: Date: 4. Oceano Community Services District by: Date: