Res 162RESOLUTION NO. 162
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY APPROVING AGREEMENT
WITH THE CITY OF ESCONDIDO FOR
MUTUAL FIRE PROTECTION 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 respective
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 jurisdic-
tional limits and into the jurisdictional limits of the other partyl
and
WHEREAS, and "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 an "Agreement";
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
CITY OF POWAY as follows:
1. That the terms and conditions set forth in the
"AGREEMENT FOR MUTUAL FIRE PROTECTION AID", attached
hereto, is hereby accepted, and
2. That the City Manager of the City of Poway be, and
he is, authorized and directed to sign on behalf of the
City, and
3. That the signing of this Resolution will hereby
rescind the City of Poway's Resolution No. 115, signed
June 16, 1981.
PASSED and ADOPTED this 22nd day of September, 1981
ATTEST:
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
THIS AGREEMENT, made and entered into this
and between the CITY OF ESCONDIDO and the
22nd day of September 19 81
CITY OF POWAY
W iTNE S SETH
maintains
WHEREAS, the CITY OF POWAY
operates a fire protection organization and
WHEREAS, the CITY OF ESCONDIDO maintains
ld operates a fire protection organization each in a reasonable proximity to the other
WHEREAS, it is the desire of the parties hereto to render aid each to the other
combat the effect of fire when such aid is necessary as herein set forth, and
WHEREAS, the parties hereto desire to effect the purpose of this agreement
to the provisions of the "Joint Exercise of Power Act" (Gov. Code Sec. 6500-
,547) and Section 13050 Health and Safety Code.
NOW THEREFORE, the parties herein mutually agree as follows:
1. 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 fire of a magnitude that has developed, or appears
likely to develop, beyond control of a single party and therefore requires
the combined forces of the parties hereto.
2. Such mutual aid shall be provided within the limits of the County of
San Diego; provided, however, that neither party shall be required to
deplete its own fire protection resources, personnel, services and
facilities to the detriment of the normal fire protection responsibilities.
3. No response to a mutual 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 party and made by
a responsible fire official of the party requesting such aid.
4. That any mutual aid extended under this agreement is extended with the
express understanding that the responsible local fire official in whose
jurisdiction an incident requiring mutual aid has occurred shall remain
in charge at such incident including the direction of that personnel and
equipment provided him through the operation of this mutual aid agreement.
5. Except as may be provided by separate agreement between the parties herein,
the assurance of mutual aid set forth herein shall constitute the sole
consideration for the performance hereof and neither party shall be
obligated to reimburse the other on account of any action taken or aid
rendered hereunder or for any use of materials, damage to equipment or
liability incurred which may occur in the course of rendering the fire-
fighting assistance herein provided for.
6. This agreement shall become effective upon the date hereof and shall
remain in full force and effect until terminated by mutual agreement of
the parties hereto or by written notice by one party to the other party,
giving 60 days notice of said termination.
7. Upon approval, adoption and execution by the Governing Bodies, this
agreement shall supersede and thereby rescind the previous Automatic Aid
Agreement signed between the cities of Poway and Escondido.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
~xecuted as of the day and year first hereinabove written.
CITY OF POWAY
Corporation
A Municipal
CITY OF ESCONDIDO
Corporation
a Municipal
By By
Authorized Representative Authorized Representative