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AUTOMATIC AID AGREEMENT
FOR FIRE PROTECTION, HAZMAT AND
URBAN SEARCH AND RESCUE SERVICES
This Agreement is made and entered into on th¡s cl
dav of ûl)e,'| 201s, by and
between the CITY OF FRESNO, a municipal corporation ("FRESNO"),'and' the ClTy OF
CLOVIS, a municipal corporation ("CLOV|S"). FRESNO and CLOVIS are individually referred to
as Party and collectively referred to as Parties.
REGITALS
WHEREAS, in certain agreements between the Parties hereto, dated February 1,ig7g,
June 9, 1981, April 20, 1995, and July 1,2011, the parties agreed to provide emergency
response services; and
WHEREAS, it is the mutual desire of the Parties hereto that the provisions of this
Agreement shall supersede the previous agreements and all notices provided thereunder; and
Master Mutual aid Agreement with the State of California pursuant to the California Emergency
Services Act for purposes of requesting mutual aid in connection with any incident which cãnnot
be handled adequately by the Party's respective fire department; and
WHEREAS, CLOVIS and FRESNO declare it is in the public interest to enter into a
reciprocal agreement to provide automatic aid to areas along their respective mutual borders;
and
WHEREAS, the Parties have the common power to provide fire protection, hazmat, and
urban search and rescue services and desire to jointly exercise said power pursuant to the
authority granted under Sections 6502 and 55632 of the California Government Code and
Section 25400 of the California Health and Safety Code; and
WHEREAS, the Parties desire to maximize the delivery of emergency services while
minimizing the cost of delivering said services by responding with the appropriate nearest
available apparatus necessary to protect life, property, and the environment.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective Parties, it is
mutually agreed as follows:
SECTION 1, TERM AND TERMINATION OF AGREEMENT.
This Agreement shall be effective as of the day and year above and shall end on
unless extended by mutual written agreement of the Parties or terminated
pursuant to the following paragraph.
(b) This Agreement may be terminated by either Party as to its rights and obligations
under this Agreement upon 60 days prior written notice to the other party.
SECTION 2. DEFINITIONS. Unless the particular provision or context othenruise requires, the
definitions contained in this section shall govern the construction, meaning, and application of
words and phrases used in this Agreement.
(a) "Automatic aid" shall mean sending the nearest appropriate resource based on
predetermined resource needs due to the type of incident without need for prior approval.
(a)
(b) "Emergency medical service" shall mean basic life support seryice, not including
paramedic service.
(c) "Emergency response" shall mean immediate response and use of red lights and
siren by responding units.
(d) "Fire apparatus" shall mean any engine company, truck company, urban search
and rescue response vehicle and team, hazardous material response vehicle and team; each
including apparatus, equipment and personnel.
(e) "Fire protection services" shall mean firefighting capacity to contain, control, and
extinguish fire, the mitigation of fire-related hazards, and emergency medical services.
(f) "Hazardous materials response team" shall mean the personnel assigned as
such and having no less than the hazardous materials technician level of training as required by
the State of California and in conformance with 29 CFR 1910.120.
(g) "Hazardous materials response vehicle" shall mean a vehicle and the tools and
associated equipment therein assigned, specifically designed for use at hazardous materials
incidents.
(h) "Hazmat services" shall mean services provided at hazardous materials incidents
by a hazardous materials response team.
(i) "lncident commande/' shall mean the person in overall command at the incident
as defined in the National lncident Management System, California Vehicle Code Sections 2453
and 2454, or by such other agreement as provided by law.
(j) "Mutual aid" shall mean request of resources based on the needs determined by
the managers of the incident and subject to authorization by the responding Party for each
request.
(k) "Nearest available apparatus" shall mean the fire apparatus of the appropriate
type closest in travel time to the incident.
(l) "Requesting Party" shall mean any Party to this Agreement who requests any fire
protection, hazmat, or USAR service response within its jurisdiction from another Party pursuant
to this agreement.
(m) "Responding Party" shall mean any Party to this Agreement who receives a
request for any fire protection, hazmat, or USAR service response within the jurisdiction of the
Requesting Party pursuant to this Agreement.
(n) "Urban search and rescue" and "USAR" shall each mean and refer to the
technical rescue of trapped person or persons by trained and equipped fire service personnel.
(o) "Urban search and rescue response team" shall mean firefighting personnel
cross trained as specialized rescue personnel and having been trained and designated as such.
(p) "Urban search and rescue response vehicle" shall mean a vehicle with tools and
associated equipment therein assigned, specifically designed for use at specialized rescue
incidents.
SECTION 3. AUTOMATIC AID lN GENERAL AND OF FIRE PROTECTION SERVIGES. The
Party with the nearest available apparatus appropriate to the incident shall furnish fire protection
services within the jurisdiction of the Party requesting such service pursuant to the following
provisions:
(a) The specific details of providing the fire protection services under the terms of
this Agreement shall be determined by the respective Fire Chiefs of each Party. lt is understood
fire protection services shall adhere as closely as practical to the "nearest available apparatus"
concept, which forms the basis for this Agreement. The specific details of providing the services
under the terms as specified in this agreement shall be determined by the respective Fire Chiefs
of the Parties, including periodic updates to the Response Matrix and Boundary Map.
(b) The territories covered by this Agreement are generally defined to be the
incorporated limits of the respective cities, including such areas as may be annexed to such
limits from time to time but could include contracted services areas as well.
(c) The Responding Party shall respond with the nearest available apparatus
requested, however, provided such fire apparatus is closer to the incident than that of the
Requesting Party.
(d) The Responding Party is not obligated to furnish any service if apparatus,
equipment, personnel, or any combination thereof is not available as determined by the
Responding Party's Fire Chief or his/her designated representative.
(e) The first fire unit to arrive at the scene of the incident shall initiate appropriate
action. The officer in charge of the first unit to arrive at the Requesting Party's jurisdiction shall
cause to be reported to the Requesting Party all pertinent information about the conditions
encountered at the scene of the incident. The officer in charge of any such unit shall be the
incident commander until the officer is relieved by an arriving battalion chief.
(f) The officer of a single unit response to a Requesting Party's jurisdiction shall
gather all necessary information to complete required reports and fonruard the information to the
Requesting Party, following normal reporting protocol.
(g) The "nearest available apparatus" concept shall not be affected by any other
contractual seryices, which may be in affect now or in the future.
(h) lncident Command Svstem. The lncident Command System ('lCS") shall be
used on every incident.
(i) Mutual Traininq. Conduct mutual trainings to assure employees are familiar with
protocols and equipment utilized by the other.
(j) Common Radio Communications. Work cooperatively to develop and maintain
common radio communications protocols to assure adequate communications exist while jointly
responding to emergency incidents. ln addition, work cooperatively and actively to deploy
dispatching methods and AVL tracking capabilities to improve response times, reduce
unnecessary delays, and provide for accountability. Specifically, both agencies will support the
CAD to CAD system in conjunction with live AVL data exchange to ensure the closest units are
recommended and utilized without unnecessary delays and develop specific operating
procedures that ensure dispatching accuracy.
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(k) Common Operational Area Policies. Work cooperatively to develop and maintain
common operational area policies and protocols related to firefighter safety, firefighter down,
mayday and rapid intervention procedures. These policies will be reviewed at least annually
and maintained in the Operational Area Plan.
(l) Notifications. When advised of an emergency incident within the other's
jurisdiction, to make immediate notification of the incident to the jurisdictional agency.
(m) Protective Equipment. Ensure that all personnel respond in and use proper
Personal Protective Equipment as specified by the sending Department's policies.
SECTION 4. FURNISHING URBAN SEARCH AND RESCUE RESPONSE TEAM AND
VEHICLE. Notwithstanding Section 3, above, the Responding Party shall respond with its
urban search and rescue response team and vehicle to the Requesting Party's jurisdiction
pursuant to the following provisions:
(a) The Responding Party shall respond with the urban search and rescue response
team and the urban search and rescue response vehicle into the Requesting Party's jurisdiction
by official request of the Requesting Party's duly authorized representative. The responding
party reserves the right, however, not to respond or to discontinue response to the Requesting
Party's jurisdiction should it be in the opinion of the Responding Party's Fire Chief that the urban
search and rescue response team and urban search and rescue response vehicle are needed
for such service in the Responding Party's jurisdiction.
(b) Upon response to such request, the Responding Party shall furnish an urban
search and rescue response vehicle and urban search and rescue response team consisting of
three on-duty technicians or, if unavailable, two technicians and one additional firefighter, and
specialized equipment as may be requested on a special call basis, as may be available.
(c) The Requesting Party shall provide an incident commander and such other
personnel as may be available and necessary to mitigate the incident.
(d) The urban search and rescue response team shall report to the incident
commander. Such team shall recommend courses of action and assist in migration of the
incident.
SECTION 5. FURNISHING OF HAZARDOUS MATERIALS RESPONSE TEAM AND
VEHICLE. Notwithstanding Section 3 above, the Responding Party shall respond with its
hazardous materials response team and vehicle to the jurisdiction of the Requesting Party
pursuant to the following provisions:
(a) The Responding Party shall respond with the hazardous materials response
team and the hazardous materials response vehicle into the Requesting Party's jurisdiction by
official request of the Requesting Party's duly authorized representative. The Responding Party
reserves the right, however, not to respond or to discontinue response to the Requesting Party's
jurisdiction should it be in the opinion of the Responding Party's Fire Chief that the hazardous
materials response team and hazardous materials response team and hazardous materials
response vehicle are needed for such service in the Responding Party's jurisdiction.
(b) Upon response to such request, the Responding Party shall furnish a hazardous
materials response vehicle and hazardous materials response team consisting of three on-duty
hazardous materials technicians or, if unavailable, two hazardous materials technicians and one
additional firefighter, and specialized equipment as may be requested on a special call basis, as
may be available.
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(c) The Requesting {arty shall provide an incident commander and such other
personnel as may be available and necessary to mitigate the incident.
(d) The hazardous materials response team shall report to the incident commander.
Such team shall recommend courses of action and assist in mitigation of the hazard. Such
team shall not be responsible for any cleanup actions and shall not take custody of any material
for disposal.
SECTION 6. CONTROL OF APPARATUS. ln connection with furnishing emergency services
hereunder, it is agreed by both Parties that the apparatus, equipment, and personnel
responding to such request shall come under the direct command and control of the incident
commander within whose jurisdiction an incident occurs.
SECTION 7. COMMAND SYSTEM. All hazardous materials incidents shall be managed by
using an incident command system, as per 29 CFR 1910.120.
SECTION 8. MUTUAL COOPERATION. There shall be no obligation or liability on the part of
either Party hereto for failure to respond to request for any hazmat or USAR services or
equipment, or to furnish any protection requested under the terms thereof, the purpose of this
Agreement being to enable and authorize mutual cooperation within the limits of and ability of
each of the Parties hereto.
SECTION 9. PRIVILEGES AND IMMUNITIES. The provisions of this Agreement and
performance of the Parties hereunder are specifically intended by the Parties to be subject to
the provisions of Chapter 6.9, Division 20, of the California Health and Safety Code and Article
2, Chapter 4, Part 2, Division 2, Title 5, of the California Government Code, providing for the
application of all privileges and immunities from liabilities, exemptions from laws and rules, andall pension, relief, disability, worker's compensation, and all other benefits granted the
Responding Party performing within its jurisdiction to such performance within the Requesting
party's jurisdiction, and while traveling to and from such Requesting Party's jurisdiction under
and by virtue of this Agreement.
SECTION 10. WAIVER OF CHARGES. lt is specifically agreed that no charge for use of
equipment or apparatus shall be made by either Party hereto except for such costs that could
be assigned to a responsible Party as provided by law. The consideration for waiver of such
charges shall be the mutual agreement encompassed herein and the right of each Party to use
the equipment of the other as herein provided.
SECTION II. INDEMNIFICATION.
(a) CLOVIS shall indemnify, hold harmless, and defend FRESNO and each of its
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including
but not limited to personal injury, death at any time, and property damage) incurred by the
FRESNO, CLOVIS, or any other person, and from any and all claims, demands, and actions in
law and equity (including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly from the negligent or intentional acts or omissions or willful
misconduct of CLOVIS or any of its officers, officials, employees, agents, or volunteers in the
performance of this Agreement.
(b) FRESNO shall indemnify, hold harmless, and defend CLOVIS and each of its
officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including
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but not limited to personal injury, death at any time, and property damage) incurred by
FRESNO, CLOVIS, or any other person, and from any and all claims, demands, and actions in
law or equity (lncluding attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions or willful misconduct of
FRESNO or any of its officers, officials, employees, agents, or volunteers in the performance of
this Agreement.
(c) ln the event of concurrent negligence on the part of CLOVIS or any of its officers,
officials, employees, agents, or volunteers, and FRESNO or any of its officers, officials,
employees, agents, or volunteers, the liability for any and all such claims, demands, and actions
in law or equity for such losses, fines, penalties, forfeitures, costs, and damages shall be
apportioned under the State of California's theory of comparative negligence as presently
established or as may be modified hereafter.
(d) This section shall survive termination or expiration of this Agreement.
SECT¡ON 12. INSURANCE.
It is understood and agreed that CLOVIS and FRESNO maintain insurance policies or
self-insurance programs to fund their respective liabilities. The Parties agree such respective
programs or policy coverage for Workers' Compensation shall contain a waiver of subrogation
as to the other Party and each of its officers, officials, agents, employees, and volunteers.
Evidence of insurance (e.9., Certificates of lnsurance or other similar documentation) shall not
be required of either Party under this Agreement.
SECTION I3. GENERAL PROVISIONS.
(a) Administration of Agreement. This Agreement shall be administered through the
mutual agreement of the Parties acting by and through their respective Fire Chiefs.
(b) Third Parties. This agreement shall not be construed as or deemed to be an
agreement for the benefit of any third party or parties, and no other party or parties shall have
any rights or action hereunder for any cause whatsoever.
(c) lndependent Contractor.
(1) ln the furnishing of the services provided from herein, each Party is acting
solely as an independent contractor. Neither Party, nor any of its officers, agents, or employees
shall be deemed an officer, agent, employee, joint venture, partner, or associate of the other
Party for any purpose.
(2) Because of its status as an independent contract, each Party and its
officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to the other Party's employees. Each Party shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees
all employee benefits including, without limitation, health, welfare, and retirement benefits. ln
addition, together with its other obligations under this Agreement, each Responding Party shall
be solely responsible, indemnify, defend, and save the requesting party harmless from all
matters relating to employment and tax withholding for and payment of Responding Party's
employees, including, without limitation, (i) compliance with Social Security and unemployment
insurance withholding, payment of workers' compensation benefits, and all other laws and
regulations governing matters of employee withholding, taxes, and payment; and (ii) any claim
of right or interest in Requesting Party's employment benefits, entitlements, programs, and/or
funds offered employees of Requesting Party whether arising by reason of any common law, de
facto, leased, or co-employee rights or other theory.
(d) Notices. Any notice required or intended to be given to either Party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the Party to which notice is to be given at the Party's address set forth on the
signature page of this Agreement or at such other address as the Parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
(e) Binding. Once this Agreement is signed by all Parties, it shall be binding upon,
and shall inure to the benefit of, all Parties, and each Party's respective heirs, successors,
assigns, transferees, agents, servants, employees, and representatives; except no Party shall
assign this Agreement without the prior written consent of the other Party.
(f) Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify, or add to the
interpretation or meaning of the provisions of this Agreement.
(g) lnterpretation. The Parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the Parties and, should any provision of this Agreement be
found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against either Party, but rather by construing the terms in accordance
with their generally accepted meaning.
(h) Attorney's Fees. lf either Party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other Party its
reasonable attorney's fees and legal expenses.
(i) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
(j) Severability. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
(k) Extent of Agreement. This Agreement for automatic aid emergency services
represents the entire and integrated agreement between the Parties and supersedes all prior
negotiations, representations, or agreements, either written or oral, including the
aforementioned February 1,1979, June 9, 1981, April 20, 1995, and July 1,2011 agreements
between the Parties. This Agreement may be modified only by written instrument duly
authorized and executed by all Parties to this Agreement.
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CITY OF FRESNO,
a municipal corporation
Kerri L. Donis, Fire Chief
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THE
Agreement in Fresno County, California, the day and year first above written.
ATTEST:
Yvonne Spence
City Clerk
CITY OF CLOVIS,
a municipal corporation
By:
ATTEST:
John Holt
Assistant City Manager/City Clerk
--¿ol,)
APPROVED AS TO FORM:
Attorney for City of Clovis
By:
David J. Wolfe Date
City of Clovis
City Manager Rob Woolley
1033 Fifth Street
Clovis, CA 93612
Phone: (559) 324-2060
FAX: (559) 324-2840
By 4/rs/ø
Addresses:
CITY:
City of Fresno Fire Department
Chief Kerri Donis
911 H Street
Fresno, CA93721
Phone: (559) 621-4199
FAX: (559) 498-4261
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
Deputy