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HomeMy WebLinkAboutResolution 034-85 � 9 r RESOLUTION NO . 34-85 ( 1985 Series ) A RESOLUTION OF THE CITE' OF ATASCADERO APPROVING AN AGREEMENI BL 1WEEN THE CITY AND COUNTY-WIDE FIRE PROTECTION AGENCIES FOR MUTUAL AID IN FIRE , RESCUE , HAZARDOUS MATERIALS AND OTHER SIMILAR OCCURENCES BE IT RESOLVED by the Atascadero City Council as follows : SECTION 1 . That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference , between the City of Ata•scadero and various political subdivisions ; municipal corporations and other pubii'c agencies of the State of California , located in or around San Luis Obispo County for mutual aid in emergencies which may include fire , rescue, hazardous materials , flood, earthquakes and other similar occurrences is hereby approved and the Mayor is authorized. to excecute the same . SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: City Clerk of San Luis Obispo, County Clerk of San Luis Obispo , and other agencies as appropriate . On motion of Councilwoman Norris ; seconded by Councilwoman Mackey, and on the following roll call vote : AYES : Councilwomen Mackey & Norris , Councilmen Molina & Handshy, 1.1ayor Nelson NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 13th day of May , 1985. v7- ( 26 ) ROLFE NELS N, Mayor • t ATTEST : ROBERT M. JONES;—City Attorney APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTO , City Manager NINO 2 r - Exh i bi't "A"' SAN LUIS OBISPO COUNTY-WIDE FIRE SERVICES MUTUAL AID AGREEMENT This Agreement made and entered into and between various political subdivisions, municipal corporations and other public agencies of the State of California , located in or around San Luis Obispo County. WITNESSETH : WHEREAS , the location and size of San Luis Obispo County dictates that local resources must be used effectively since these resources are limited and additional assistance could be several hours away ; and WHEREAS , it is the desire of the parties hereto to render aid for emergencies which may include fire, rescue, hazardous materials , flood, earthquakes and other similar occurrences or ' situations ; and WHEREAS , the parties hereto desire to effect the purpose of this agreement as authorized by state law and/or their individual charters . NOW, THEREFORE , the parties hereto mutually. agree as follows : 1 . _ To furnish fire protection personnel , equipment , materials and supplies , and to render such fire services to each other as may be necessary to aid in emergencies including fire (prevention and suppression ) , rescue (medical response , basic life support, advanced life support, transportation ) ; hazardous materials incidents , flood, earthquake and other emergencies v3- ( 13 ) 3/6/85 which have developed or appear likely to develop and which are emergencies beyond the control of a single party and require adjacent mutual aid and/or combined forces of the parties hereto . 2. Such mutual aid shall be provided in or around the County of San Luis Obispo as predetermined and set forth in Attachment "A" , provided, however , that none of the parties hereto shall be required to respond to a request for mutual aid if such response would deplete its own fire protection resources, personnel , service 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 communications channels common to each party and made by a responsible fire official of the party requesting aid. 4. That any mutual aid provided under this Agreement is made with the express understanding that . the local fire official ( in whose jurisdiction an incident requiring mutual aid has occurred) shall remain in charge at such incident including the direction of 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. It is mutually understood and agreed that in accordance v3- ( 13 ) 3/6/85 r r r i with the provisions of Section 850. 6 of the Government Code , the party requesting assistance is not required to indemnify the party furnishing assistance as to any liability for damage imposed by law upon the assisting party by reason of an act or omission of its employee occurring in the performance of the service . The requesting party shall be responsible only for the acts of the employees of the responding party performed at the scene of the emergency and performed at the specific direction of an employee of the requesting party . Neither party shall be obligated to reimburse the other for any use of material , damage to equipment or liability incurred which may occur in the course of rendering the assistance herein provided for. 6. This agreement shall affect only those parties who are signators to the agreement and said agreement shall not be construed as , or deemed to be an agreement for the benefit of any third party or parties , and no third party or parties shall have a right of action hereunder for any cause whatsoever. 7. This agreement shall -remain in full force unless terminated by either of the parties hereto giving to the other thirty ( 30) days written notice of such termination . Termination of one or more of the participating parties shall not affect the operation of this agreement with the remaining parties . 8. This agreement, when approved by all listed jurisdictions supersedes and replaces all prior county-wide m-6tual aid agreements for exchange of fire protection and rescue services between agencies . v3- ( 13 ) 3/6/85 r � IN WITNESS WHEREOF , the parties have caused this agreement to be executed as of the day and year first hereunder written . 1 . Atascadero State Hospital by: Date : 2. City of Arroyo Grande by : Date : 3. City of Ata dero by : ��`� �5 Date : 4. Avila Beach Community Water ( (, District by : Date : 5. Calif. Department of Forestry by: Date: 6. California Men 's Colony by : Date : 7. California Polytechnic State University by: Date: 8. Cambria Community Services District by : Date : 9. Cayucos Fire Protection District by : Date: 10. City of Grover City by : Date : 11 . City of Morro Bay by • Date 12 . Oceano Community Services District by : Date : v3- ( 13 ) 13. City of Paso Robles by : Date : 14. City of Pismo Beach by : Date : 15. County of San Luis Obispo by: Date : 16 . City of San Luis Obispo by : Date : 17 . San Miguel Fire Protection District by : Date : 18 . Santa Margarita Volunteer Fire Department by : Date : 19 . South Bay Fire Protection District by: Date : 20. Templeton Community Services District by : Date : 21 . Santa Barbara County Fire Department by : Date : 22 . City of Santa Maria by : Date : 23 . Camp Roberts Fire Department by: Date : v3- ( 13 ) 3/6/85