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Resolution 1345 RESOLUTION NOQ 1345 RESOLUTION OF THE COUNCIL OFTHE CITY OF GILROY APPROVING THE MUTUAL FIRE PROTEC- TION AID AGREEMENT WITH THE MORGAN HILL RURAL FIRE DISTRICT BE IT RESOLVED BY THE CITY OF GILROY that the Mutual Fire Protection Aid Agreement with the MORGAN HILL RURAL FIRE DISTRICT, 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 be- half of the cityo PASSED AND ADOPTED this 5th day of May, 1969, by the following vote: NOES: ABSENT~ COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH COUNCILMEMBERS: None COUNCILMEMBERS: None AYES~ APPROVED: )1tl?1'~~4~--~'~ Mayor ATTEST: / n 2~cUt~ City C I a y.s-- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1345 is an ori g i na 1 resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of May , 19~, 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 6th day of May , 1 9 69. ~ I ity Clerk of the City of AGREEMENT FOR DAY-TO-DAY MUTUAL AID THIS AGREEMENT, made and entered into this 5th day of May . 1969, by and between the Morgan Hill Rural Fire District and the City of Gilroy, each being 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 WHEREAS, it is to the mutual advantage and benefit of the parties hereto that each party hereto agrees to render to each other supplemental fire protec- tion In the event of a fire or similar local emergency of a magnitude that had developed, or appears likely to develop, beyond the control of a single party hereto and therefore requires the aid 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, In hand- ling such fire or simltar local emergency. Based upon current situation, the extent of aid to be furnished under this agreement shalt be detenmlned 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 par- ty 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 command of the ranking officer of the party receiving such personnel, sub- -1- 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 both 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 the 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 responsibi- lityof 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. -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 be- cause 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 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, or Commission Chairmen, thereunto duly authorized by their respective City Councils or Board of Fire Commissioners. C'TV OF GILROY By /s/ NORMAN B. GOODRICH Mayor MORGAN HILL RURAL FIRE DISTRICT -3-