2018-041 Fire Protection Mutual Threat Zone RESOLUTION 2018-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
APPROVING THE COOPERATIVE FIRE PROTECTION MUTUAL THREAT ZONE
AGREEMENT BETWEEN THE ENCINITAS FIRE DEPARTMENT (DEPARTMENT)
AND THE STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION — SAN DIEGO UNIT (CAL FIRE)
WHEREAS, DEPARTMENT maintains and operates a fire protection
organization in the area generally known as ENCINITAS; and
WHEREAS, CAL FIRE maintains and operates a fire protection organization for
the purpose of providing "basic" protection to the State Responsibility Area lands.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Encinitas does hereby find, determine and resolve the following:
1. DEPARTMENT and CAL FIRE agree to the Mutual Threat
Zone as defined on map, Attachment A, of the agreement.
2. DEPARTMENT and CAL FIRE agree to provide timely
notification of fire emergency incidents/threats to the other
agency through established procedures in each agency
Command/Communication Center.
3. DEPARTMENT and CAL FIRE agree to utilize the assigned
VHF frequencies as defined in the Mutual Threat Zone
Communications Plan for incidents within the Mutual Threat
Zone.
4. DEPARTMENT and CAL FIRE agree to a single Unified
Ordering Point pre-determined as the Monte Vista
Emergency Command Center (MVICC).
5. DEPARTMENT and CAL FIRE agree to utilize Unified
Command based on Mutual Threat Zone jurisdictional
authority or threat to Jurisdictional Authority.
6. DEPARTMENT and CAL FIRE agree that consideration of
Cost Share shall be determined during extended or major
fire incidents. Such costs will be determined through a
separate agreement outside of the Mutual Threat Zone
Agreement.
7. Each party hereto shall indemnify, defend, save and hold
harmless the other parties, and each of them and their
respective agents, servants and employees, of and from
any and all liabilities, claims, demands, debts, suits,
actions and causes of action arising out of, or in any
manner connected with, any act or omission of such
indemnifying party hereunder or its agents, servants, or
employees, done or performed pursuant to the terms and
condition hereof or arising upon or within the property of
such indemnifying party as herein set forth after the date
of expiration of the Agreement.
8. Except as may be provided by separate written agreement
between the parties, neither party shall be obligated to
reimburse hereunder, or for any use of material, damage
to equipment, or liability incurred which may occur in the
course of rendering the firefighting assistance.
9. Nothing contained within the Agreement shall be construed
as a contract under law or equity for the benefit of any third
party, which may be affected by the Agreement.
10. Nothing in the Agreement shall preclude either party from
exercising its right to seek recovery of costs pursuant to
Health and Safety Code sections 13009 and 13009.01.
11. Either party may terminate or modify the Agreement upon
ninety (90) days written notice to the other party that
year.
PASSED AND ADOPTED, by the City Council of the City of Encinitas, this 9th day
of May, 2018 by the following roll call vote:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSENT: None
ABSTAIN: None C
Catherine S. Blakespear, Mayor
City of Encinitas
ATTEST:
"'W
Kathy Hollywood, City Clerk
City of Encinitas
ATTACHMENT 1
COOPERATIVE FIRE PROTECTION AGREEMENT
Between
CITY OF ENCINITAS FIRE DEPARTMENT
and
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
(CAL FIRE)
MUTUAL THREAT ZONE AGREEMENT
This is a COOPERATIVE FIRE PROTECTION AGREEMENT between the CITY OF
ENCINITAS FIRE DEPARTMENT, hereinafter referred to as DEPARTMENT, and the
STATE OF CALIFORNIA DEPARTMENT OF FORESTY AND FIRE PROTECTION
(San Diego Unit), hereinafter referred to as CAL FIRE.
WHEREAS, DEPARTMENT maintains and operates a fire protection
organization in the area generally known as ENCINITAS;and
WHEREAS, CALFIRE maintains and operates a fire protection organization for
the purpose of providing 'basic" protection to the State Responsibility Area
lands.
NOW THEREFORE,the parties hereto mutually agree as follows:
1. DEPARTMENT and CAL FIRE agree to the Mutual Threat Zone as
defined on map (Attachment A).
2. DEPARTMENT and CAL FIRE agree to provide timely notification of
fire emergency incidents/threats to the other agency through established
procedures in each agency Command/Communication Center.
3. DEPARTMENT and CAL FIRE agree to utilize the assigned VHF
frequencies as defined in the Mutual Threat Zone Communications Plan
for incidents within the Mutual Threat Zone.
4. DEPARTMENT and CAL FIRE agree to a single Unified Ordering Point
pre-determined as the Monte Vista Emergency Command Center
(MVICC).
5. DEPARTMENT and CAL FIRE agree to utilize Unified Command based
on Mutual Threat Zone jurisdictional authority or threat to Jurisdictional
Authority.
6. DEPARTMENT and CAL FIRE agree that consideration of Cost Share
shall be determined during extended or major fire incidents. Such costs
will be determined through a separate agreement outside of this Mutual
Threat Zone agreement.
7. Each party hereto shall indemnify, defend, save and hold harmless the
other parties, and each of them and their respective agents, servants and
employees, of and from any and all liabilities, claims, demands, debts,
suits, actions and causes of action arising out of, or in any manner
connected with, any act or omission of such indemnifying party
hereunder or its agents, servants, or employees, done or performed
pursuant to the terms and condition hereof or arising upon or within the
property of such indemnifying party as herein set forth after the date of
expiration of the Agreement.
8. Except as may be provided by separate written agreement between the
parties, neither party shall be obligated to reimburse hereunder, or for
any use of material, damage to equipment, or liability incurred which
may occur in the course of rendering the firefighting assistance herein
provided.
9. Nothing contained herein shall be construed as a contract under law or
equity for the benefit of any third party, which may be affected by the
Agreement.
10. Nothing in this agreement shall preclude either party from exercising its
right to seek recovery of costs pursuant to Health and Safety Code sections
13009 and 13009.01.
11. Either party may terminate or modify this Agreement upon ninety (90)
days written notice to the other party that year.
Mike Stein Tony Mecham
Fire Chief Unit Chief-San Diego Unit
City of Encinitas Fire Department Department of Forestry&Fire Protection-CAL FIRE
ATTACHMENT
Mutual Threat Zo
Cq of Encinitas n*s