Res 163RESOLUTION NO. 163
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY APPROVING AGREEMENT
WITH THE STATE OF CALIFORNIA, DEPARTMENT OF
FORESTRY FOR MUTUAL FIRE PROTECTION AID
WHEREAS, the State of California, Department of Forestry,
and the CITY OF POWAY maintain equipped fire protection organiza-
tions charged with the duty of fire related emergency responses
within their respective jurisdictional limits; and
WHEREAS, the State of California, Department of Forestry,
has proposed to enter into an agreement for mutual fire protection
aid with the CITY OF POWAY; and
WHEREAS, the CITY COUNCIL of the CITY OF POWAY has duly
considered said agreement and having found the same to serve the
beneficial purposes of~the CITY OF POWAY; and
WHEREAS, said agreement has been recommended by the CITY
MANAGER and the DIRECTOR OF SAFETY SERVICES of the City.
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.
PASSED and ADOPTED this 22 day of ~c~__,1981
City Ma~y~
ATTEST:
ity Clerk
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
THIS AGREEMENT, made and entered into this 22 nd day of~19 RI
and between the CITY OF POWAY/FIRE DEPARTMENT and the
OF CALIFORNIA, DEPARTMENT OF FORESTRY, through its duly qualified and acting Director,
reinafter called FORESTRY.
WiTNE S sETH:
WHEREAS,
THE CITY OF POWAY
operates a fire protection organization in the area generally known as
POWAY, CALIFORNIA
maintains
and
WHEREAS, FORESTRY maintains and operates a fire protection organization for the
of providing protection to State responsibility lands which are adjacent or
oximate to the area protected by POWAY FIRE DEPARTMENT and
WHEREAS, it is the desire of the parties hereto to render aid each to the other to
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. 6500-6547)
'.d Section 13050 Health and Safety Code
NOW, THEREFORE, the parties hereto 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 the 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 its normal fire protection responsibilities.
3. No response to a mutual aid request provided for in this agreement will be made
by 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
hereto, 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 firefighting assistance herein provided for.
6. This agreement shall remain in full force and effect for a period of
five years from the date hereinabove written unless sooner terminated
by either of the parties hereto giving to the other fifteen (15) days
notice in writing of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
[ecuted as of the day and year first hereinabove written.
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF FORESTRY
CITY OF POWAY By
By
Authorized Representative State Forest Ranger