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-
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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 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.
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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 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
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