Loading...
Resolution 1325 RESOLUTION NO. 1325 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING MUTUAL FIRE PROTECTION AND AGREEMENTS BE IT RESOLVED BY THE CITY OF GILROY that Mutual Fire Protection Aid Agreements with the GILROY RURAL FIRE DISTRICT, the CITY OF MORGAN HILL and the STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY, SANTA CLARA COUNTY, copies of which are annexed hereto, are hereby approved, and the Mayor of the City of Gilroy is hereby authorized to execute said agreements on behalf of the city. PASSED AND ADOPTED this 17th day of March, 1969, by the following vote~ AYES: COUNCILMEMBERS: DUFFIN, KENNEDY, SILVA, WENTWORTH and GOODRICH NOES: ABSENT~ COUNCILMEMBERS ~ COUNCILMEMBERS NONE ALLEMAND and QUARTIROLI APPROVED: )~,-,tJj~A -"~ Mayor - ATTEST: i/l i QJ?l{}J.41?zt/ ~<J " ity Clerk / -"] 1/'- ,:j /1.: ~ I, SUSANNE E. STEINNETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1325 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of March , 19 69 , at which meeting a quorum was present. IN WITNESS WHEREOF, f have hereunto set my hand and affixed the official seal of the City of Gilroy, this 21st day of March , 1 9 69. AGREEMENT FOR DAY-TO-DAY MUTUAL AID THIS AGREEMENT, made and entered into this 17th day of March 1969, by and between the City of Gilroy and the Gilroy Rural Fire District, each being organized and existing under and by virtue of the laws of the State of California. WIT N E SSE T H WKEREAS, the parties hereto are geographically located in proximity to each other in the County of Santa Clara; and WHEREAS, it is to the mutual advantage and benefit of the parties hereto that each of the parties hereto agree to render to each other supplemental fire protection In the event of a fire or similar local emergency of a magnitude that has developed, or appears likely to develop, beyond the control of a single party hereto and therefore requires the aid of one or all of the other parties hereto; NOW, THEREFORE. in consideration of their mutual covenants, the parties hereto agree as follows: 1. That in the event of any fire or similar local emergency which cannot be handled by the facilities of anyone of the parties hereto, the other parties hereto agree to furnish aid to the party requesting it, inso- far as possible, either upon an active or upon a standby basis, in handling such fire or similar local emergency. Based upon current situation, the extent of aid to be furnished under this agreement shall be determined solely by the party furnishing such aid. It is further agreed that the aid so furnished may be recalled at any time at the sole discretion of the party furnishing the same. 2. That details as to method of requesting mutual aid and the names of persons authorized to send and receive such requests, together with lists of equipment and personnel which may be subject to call, will be covered by correspondence between the parties from time to time. the most current of which shall become a part of this agreement. 3. That all personnel furnished hereunder shall be under the dir- ect command of the ranking officer of the party receiving such personnel, .1. subject only to the authority of the ranking officer of the party furnish- ing such personnel to withdraw the same at any time. That all equipment furnished hereunder shall be under the general direction of the party re- questing the same, but the party furnishing the equipment hereunder shall have the unconditional right to operate such equipment by its own person- nel and to withdraw the same at any time. 4. That no party to this agreement shall be required to pay any compensation to any other party to this agreement for services rendered hereunder, the mutual advantages and protections afforded by this agreement being considered adequate compensation to all of the parties. 5. That each party hereto shall provide for its employees who ren- der assistance hereunder all benefits to which by virtue of their employ- ment they are entitled, while working within the jurisdictional area of any other party. 6. That any damage sustained by any equipment furnished hereunder shall be borne by the party furnishing such equipment. That any injuries sustained by any personnel furnished hereunder shall be the responsibility of the agency furnishing such personnel. That any injury to persons or property caused by equipment or personnel while en route to or from a destination for which aid has been requested hereunder shall be the respon- sibllityof the agency furnishing the personnel or equipment hereunder. That any injury to other persons or damage to other property caused by any equipment or personnel after arrival and while under the direct command or orders of the party receiving aid hereunder shall be the responsibility of the party receiving equipment or personnel hereunder. 7. That this agreement shall not be construed es, or deemed to be, an agreement for the benefit of any party or parties not a party to this agreement. No party or parties not a party to this agreement shall have any right of action hereunder for any cause whatsoever~ Any services per- formed or expenditures made in connection with furnishing assistance under this agreement, by any party hereto, shall be conclusively deemed to be for the direct protection and benefit of the inhabitants and property of such parties. -2- 8. That the provisions of this agreement will be invoked only when in the opinion of the person(s) with the authority of the agency requesting aid it is deemed necessary to request outside assistance because all of the normal facilities at his command have been or will be exhausted, and outside assistance is needed for standby purposes and/or to control and suppress a fire or other emergency. 9. That this agreement does not relieve any of the parties hereto from the necessity and obligation of providing adequate fire protection within their own areas. Each party hereto agrees that it shall use reason- able diligence in keeping the fire-fighting equipment in its possession up to the minimum standards and requirements established by the American In- surance Association for jurisdictions of comparable size. 10. That any party to this agreement may withdraw at any time, upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, this agreement has been executed on the day and year first above written, by the parties hereto, through their respective Mayors or Commission Chairmen, thereunto duly authorized by their respective City Councils or Board of Fire Commissioners. CITY OF GILROY By: /s/ NORMAN B. GOODRICH Mayor GILROY RURAL FIRE DISTRICT By: . ~ AGREEMENT FOR DAY-TO-DAY MUTUAL AID THIS AGREEMENT, made and entered into this 17th day of March 1969, by and between the City of Morgan Hill ~nd the City 6f Gilroy, each befng municipal corporations, organized and existing under and by virtue of the laws of the State of California. W , T N E SSE T H WHEREAS, the parties hereto are geographically located in proximity to each other in the County of Santa Clara; and WHEREAS, it is to the mutual advantage and benefit of the parties hereto that each of the parties hereto agree to render to each other supplemental fire protection in the event of a fire or similar local emergency of a magnitude that has developed, or appears likely to develop, beyond the control of a single party hereto and therefore requires the aid of one or all of the other parties hereto; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. That in the event of any fire or similar local emergency which cannot be handled by the facilities of anyone of the parties hereto, the other parties hereto agree to furnish aid to the party requesting it, in- sofar as possible, either upon an active or upon a standby basis, in handl ing such fire or similar local emergency. Based upon current situation, the extent of aid to be furnisheq under this agreement shall be determined solely by the party furnishing such aid. It is further agreed that the aid so furnished may be recalled at any time at the sole discretion of the party furnishing the same. 2. that details as to method of requesting mutual aid and the names of persons authorized to send and receive such requests, together with lists of equipment and personnel which may be subject to call, will be covered by correspondence between the parties from time to time, the most current of which shall become a part of this agreement. -1- , , 3. That all personnel furnished hereunder shall be under the direct command of the ranking officer of the party receiving such personnel, subject only to the authority of the ranking officer of the party furnishing such personnel to withdraw the same at any time. That all equipment fur- nished hereunder shall be under the general direction of the party request- ing the same, but the party furnishing the equipment hereunder shall have the unconditional right to operate such equipment by its own personnel and to withdraw the same at any time. 4. That no party to this agreement shall be required to pay any compensation to any other party to this agreement for services rendered hereunder, the mutual advantages and protections afforded by this agree- ment being considered adequate compensation to all of the parties. 5. That each party hereto shall provide for its employees who render assistance hereunder all benefits to which by virtue of their employment they are entitled, while working within the jurisdictional area of any other party. 6. That any damage sustained by any equipment furnished hereunder shall be borne by the party furnishing such equipment. That any injuries sustained by any personnel furnished hereunder shall be the responsibility of the agency furnishing such personnel. That any injury to persons or property caused by equipment or personnel while en route to or from a desti- nation for which aid has been requested hereunder shall be the responsibility of the agency furnishing the personnel or equipment hereunder. That any injury to other persons or damage to other property caused by any equipment or personnel after arrival and while under the direct command or orders of the party receiving aid hereunder shall be the responsibility of the party receiving eq~ipment or personnel hereunder. 7. That this agreement shall not be construed as, or deemed to be, an agreement for the benefit of any party or parties not a party to this agreement. No party or parties not a party to this agreement shall have any right of action hereunder for any cause whatsoever. Any services performed -2- or expenditures made in connection with furnishing assistance under this agreement, by any party hereto, shall be conclusively deemed to be for the direct protection and benefit of the inhabitants and property of such I parties. 8. That the provisions of this agreement will be invoked only when, in the opinion of the person(s) with the authority of the agency requesting aid it is deemed necessary to request outside assistance be- cause all of the normal facilities at his command have been or will be ex- hausted, and outside assistance is needed for standby purposes and/or to control and suppress a fire or other emergency. 9. That this agreement does not reI ieve any of the parties hereto from the necessity and obI igation of providing adequate fire protection within their own areas. Each party hereto agrees that it shall use reason- able diligence in keeping the fire-fighting equipment in its possession up to the minimum standards and requirements established by the American Insurance Association for jurisdictions of comparable size. 10. That any party to this agreement may withdraw at any time, upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, this agreement has been executed on the day and year first above written, by the parties hereto, through their respective Mayors, there-, unto duly authorized by their respective City Councils. CITY OF GILROY By /s/ NORMAN B. GOODRICH Mayor CITY OF MORGAN HILL By Mayor AGREEt~NT FOR I~TUAL FIRE PROTECTION AID THIS AGREEI1ENT, made this 17th day of March , 19 69, by and between the CITY OF GILROY(FIRE DEPARTIfENT) and the STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION, DIVISION OF FORESTRY, through its duly qualified and acting State Forester, hereinafter called FORESTRY, :Ii 11 II E ~ ~ ~ 1li: WHEREAS, FORESTRY maintains and operates a fire protection organization in the area generally known as SANTA CLARA COUNTY ; and WHEREAS, 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 CITY OF GILROY FIRE DEPARTIlliNT ; and 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 If Joint Exercise of Power Act" (Gov. Code Section 6500- 6547) and Section Lf142 Public, Resources Code: NOW, 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 2 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 SAITTA CLAM 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 respon,se 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. 4. That any mutual aid extended under this agreement is extended with the express understanding that the responsible local fire official (in whose jurisdiction . ,/ , , , :,n incident reqlliri,ng nnltllal aid has occurred) shall romain in chargo at such 10ci dnnt 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 material, 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 (5) 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 DEPARTMENT OF CONSERVATION CITY OF GILROY By_ DIVISION OF FORESTRY F. H. Raymond, State Forester By /s/ NORMAN B. GOODRICH -Mayor By Deputy State Forester Submit 6 copies to State Forester