HomeMy WebLinkAbout1985-08-27; City Council; Resolution 81551
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RESOLUTION NO. 8155
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
resolve 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 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 one copy of the agreement
and one copy of this resolution to the State Forest Ranger.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 27th day of August , 1985,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
IPA A! ALETHA L. RAU
(SEAL)
AGREEMENT FOR MUTUAL FIRE PROTECTION AID
THIS AGREEMENT, made this 17th-da;r of July , 1385, by and between the CITY OF CARLSBAD FIRE DEPARTMENT ., and the
STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, through its duly qualified and acting Director, hereinafter called FORESTRY.
W I T N E S S E T H: ___-------
WHEREAS :
1.
. 2.
3.
4.
THE CITY OF CARLSBAD
maintains and operates a fire protection organization
in the area generally known as the CITY OF CARLSBAD
; and
FORESTRY maintains and operates a fire protection organization for the purpose of providing basic
wildland fire protection to State Responsibility Area lands which are adjacent or proximate to the area protected by the CITY OF CARLSBAD I
It is the desire of the parties hereto to render aid,
each to the other, to combat the effect of fire, when such aid is necessary as herein set forth; and
The parties hereto desire to effect the purpose of this
agreement pursuant to the provisions on the "Joint
Exercise of Power, Act" (Gov. Code Section 6500-6547) and Health and Safety Code Section 13050.
NOW THEREFORE, the parties hereto mutually agree as follows:
1.
2.
3.
To furnish fire protection personnel and equipment and
to render such fire protection services to each other
as may be necessary to suppress fire of a size beyond
the control of either of the parties hereto acting with-
put the assistance of the other and control of which therefore requires assistance from the other.
Such mutual aid shall be provided within the limits of
the County of San Diego; provided, however, that neither
party shall be required to reduce its own fire protection resources personnel, services, and facilities to the
detriment of its normal fire protection capability.
No response to a mutual aid request provided for in this agreement will be made by the parties here unless such
request is received through the established communica-
tion channels common to each party and made by a responsible fire official of the party requesting such aid.
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4. That any mutual aid extended under this agreement will
be extended v.ith the express understar'ding that the fire official in charge (in whose jurisdiction a fire
requiring mutual aid occurs) shall remain in charge at
such fire including the direction of personnel and equipment provided 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 obli- gated to reimburse the other for any action taken or aid rendered hereunder, or for any use of material,
damage to equipment, or liability incurred which may
occur in the course of rendering the fire fighting
assistance herein provided for.
6. That certain specialized types of fire protection resources may not be made available subject to the
provisions of this agreement, and that such resources
will be available only on a reimbursement basis.
7. This agreement shall remain in full force and effect for a period of five (5) years from the date hereinabove
written unless sooner terminated by either of the
parties giving to the other fiftenn (15) days written notive of such termination.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be.executed as of the day and year first hereinabove written.
STATE OF CALIFORNIA DEPARTMENT OF FORESTRY
BY:
CITY OF CARLSBAD
BY:
Printed Name:
Title: State Forest Rahger IV Title: