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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