Resolution 1329
RESOLUTION NO. l329
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
APPROVING THE MUTUAL FIRE PROTECTION AID AGREEMENT
WITH THE CITY OF HOLLISTER
BE IT RESOLVED BY THE CITY OF GILROY that the Mutual
Fire Protection Aid Agreement with the CITY OF HOLLISTER,
San Benito County, California, a copy of which is annexed
hereto, is hereby approved, and the Mayor of the City of
Gilroy is hereby authorized to execute said agreement on
behalf of the city.
PASSED AND ADOPTED this 7th day of April, 1969, by
the following vote:
AYES:
COUNCILMEMBERS: Duffin,Kennedy,Quarti rol i,
Wentworth, and Goodrich.
NOE S :
ABSENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: All emand and S i 1 va
APPROVED:
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Mayor
ATTEST:
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City Clerk 1
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1329 is an original
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Counci 1 held on the 7th day of Apr!i 1
, 19 69, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 8th day of April
. 19 69.
AGREEMENT FOR DAY-TO-DAY MUTUAL AID
THIS AGREEMENT, made and entered into this 7th day of April
1969, by and between the City of Hollister and the City of Gilroy, each being
municipal corporations, organized and existing under and by virtue of the laws
of the State of California.
WIT N E SSE T H
WHEREAS, the parties hereto are geographically located in proximity to
each other in the Counties of Santa Clara and San Benito; 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 party 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 party hereto agrees to furnish aid to the party requesting it, in-
sofar as possible, either upon an active or upon a standby basis, tn hand-
ling 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 when so attached.
3. That all personnel furnished hereunder shall be under the direct
c~~and of the ranking officer of the party receiving such personnel, sub-
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ject 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 hereunde~ all benefits to which by virtue of their
employment they are entitled, while working within the jurisdictional area
of the other party.
6. That any damage sustained by any equipment furnished hereunder
shall be uorne 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 responsibili-
ty of the agency furnishing the personnel or equipment hereunder. That
any injury to other persons or damage to other property caused by any equip-
ment 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 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 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
party.
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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
outsi~e 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
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~~
Mayor
CITY OF HOLLISTER
By
Mayor
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