HomeMy WebLinkAbout1975-07-17; City Council; Resolution 36961
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RESOLUTION NO. 3696
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE STATE OF CALIFORNIA, DEPARTMENT
OF CONSERVATION, DIVISION OF FORESTRY FOR
MUTUAL FIRE PROTECTION AID, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California,
does hereby resolved as follows:
1. That that certain agreement between the City of
Carlsbad and the State of California, Department of Conservation,
Division of Forestry, for mutual fire protection aid, a copy of
which is attached hereto as Exhibit A and incorporated herein by
reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
3. That the City Clerk is directed to forward six copies
of the agreement and six copies of this resolution to the State
Forest Ranger for execution on behalf of the State and return to
the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 17th day of July , 1975,
by the following vote, to wit:
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES : None
ABSENT: None
Councilwoman Casler
ep ROBERT C. FRAZEE,dMayor
/
AGREEMENT FOR b%TUAL FIRE PROTECTIUN AID
THIS AGREE?ErPT, made and entered into this day opyg? j '
by and between the CITY OF CARLSRAD, and the STATE OF CALIFQ;K:Ih, DEPARTPENT OF
CONSERVATION, DIVISION OF FORESTRY, through its duly qualified and acting State
Forester, hereinafter called FORESTRY.
W 1 T N E S S E T H: ----------
WHEREAS, the CITY OF CARLSBAD, maintains and cipetrateri a fire protection
organization in the area generally known a5 the CITY OF CARLSWD FIRE DEPARTMm
and
I_
WEREAS, FORESTRY maintains and operates a fire protection organization for
the purpose of providing protection to State responsibility lands which are
adjacent or proximate to the area protected BY the CITY OF CARLSBAD, and
WHEREAS, it is the desire of the parties hereto to render aid each to the
other to coabae the effect of fire when such aid is necessary as herein set forth,
and
WEREAS, the parties hereto desire to effect the punpose of this agreement
pursuant to the provisions of the "Joint Exercise of Power Act" (Goy. Code Sec.
6580-6547) and Section 4142 Public Resources 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 SePViCeS to each other
as my be necessary to suppress fire of a magnitude that has developed, .
or appears likely to develop, beyond the control of a single party
and themfore requires the conbined forces of the parties hereto.
.,. .
2. Suck mtual aid shall be pr~vided within the limits of the County of
Swn Diego; gmvidad, however, that neither party shall be required to
deplete its own fire protection res6urces, personnel, services and
I_
facilities to the da:rrir;mt of its nom1 fire protection responsibilities.
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3. No response to a mtwl aid request provided for in this agreenent
will be made by the parties hereto unless such request is received
through the established commmication channels cm”n to each party
arid made by 3 responsible fire official of the party requeseing 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.
Except as my be provided by separate agreement between the parties
hereto, the assurance of mutua1 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 pmvided for.
fiis agrement shall remain in full force and effect for a period
of five years fron the date hereinabove writPen unless sooner
terminated by either of the parties hereto giving to the other
fifteen (15) days notice in writing of such temlnatian.
5.
6.
IN WITNESS WAEREOF, the parties hereto have caused this agreement to be
executed as of the day and year first hereinabove written.
CITY OF CARLSBU) STATE OF CALIFORNIA
DEPAR’MENT OF CONSERVATION
i
.* Joseph C. Springer
Deputy State Forester