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HomeMy WebLinkAboutReso 1980-10035Form No. 342 Rev. 2/76 RESOLUTION NO. 10035 RESOLUTION OF THE CITY COUNCIL OF"TIIE"CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, FOR MUTUAL FIRE PROTECTION AID AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY, for mutual fire protection aid dated the 13th day of May 19 80 a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented ~y tIl,~~ ~ f W. J1~Winters, Director of Publi~ Safety Approved as to form by George D. Lindberg, Cify Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of March , 19 80 , by AYES: Councilmen McCandliss, Gillow, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen (,~.~.c..e.Q. ~~ Mayor of the City of~la Vista ATTE%~CJZ /~ City Cle t (, STATE OF CALIFORNIA) COUNPY OF SAN DIEGO) ss. CITY OF CHULA VISTA) of Chula true and not been I, , City Clerk of the Vista, California, DO HEREBY CERTIFY that the above is a correct copy of Resolution No. and that the same amended or repealed. DATED City full, has City Clerk AGREEMEM' FOR MUTUAL FIRE PROTECTION AIU TFIIS AGREEMEM', made and entered into this 13 day of MaY lg 80 by and between the CHULA VISTA 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 'C I1: WHEREAS, CHULA VISTA FIRE DEPARTMENT maintains and operates a fire protection organization in the area generally known as CITY OF CHULA VISTA and W1iEREAS, 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 CHULA VISTA FIRE DEPARTMENT 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 WHEREAS, 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) ind Section 13050 Health and Safety Code NOW, TItEREFORE, 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 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. "J ~~~ R-10035 - 1 - 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 executed as of the day and year first hereinabove written. STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF FORESTRY CITY OF CHULA VISTA By gY ~i.X.X ~ t ~~ MAYOR BY Authorized Representative State Forest .Ranger ~3~ ,q b