HomeMy WebLinkAbout1980-06-03; City Council; Resolution 6203*
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RESOLUTION NO. 6203
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 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 four copies
of the agreement and four 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 3rd day of June , 1980,
by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and
NOES: None Kul chin
ABSENT: None
ATTEST : RONALD C. PACKARD, Mayor
(SEAL)
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AGREEMENT FOR MWUAL FIRE PRO'TEGI'IBN AIL)
80 19- THIS AGREEMENT, made and entered into this P7th day of
and the by and between the CITY OF CARLSBAD FIRE DEPARTMENT -
STATE OF CALIFORNIA, DEPARTMENT OF FORESRY, through its duly qualified and acting Director,
hereinafter called FORESTRY.
- -----I---- WITNESS1ETII:
maintains The City of Carlsbad MUEREAS,
and operates a fire protection organization in the area generally known as
and City of Carlsbad Fire Department
WHEREAS, FORESTRY maintains and operates a fire protection organization for the .
purpose of providing protection to State responsibility lands which are adjacent or
and CITY OF CARLSBAD FIRE DEPARTMENT proximate to the acea protected by
WHEREAS, 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
WtiEREAS, the parties hereto desire to effect the purpose of this agreement
pursuant to the provisions of the "Joint Exercise of Power Act" (Gov. Code Sec. 6500-6547)
and Section 13050 Health and Safety Code
NON. 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.
Such mutual aid shall be provided within the limits of the County of 2.
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.
No response to a mutual aid request provided for in this agreement will be mad?
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.
3.
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4. That any mutual aid extended under this agreement is extsrtded with the
express understanding that the responsible local fire official (in whose
jurisdiction an incident requirfng 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 agreenent.
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 €or a period of
five years from the date hereinabove mitten unless sooner terminated
by either of the parties hereto giving to the other fifteen (15) days
notice in writing of such termination.
IN WITNESS WI-IEREOF, the parties hereto have caused this agreement to be
executed as of the day and year first hereinabove written.
STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF FORESTRY
BY /hAYOR BY
Authorized Representative State Forest Ranger