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HomeMy WebLinkAbout1975-07-17; City Council; Resolution 36961 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -1- -. . I 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