Resolution 1986-25
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RESOLUTION NO. 86 - 25
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING
AGREEMENT FOR MUTUAL AIDE FIRE PROTECTION AND AUTHORIZING
EXECUTION OF SAID AGREE}ffiNT BY THE CITY ADMINISTRATOR.
WHEREAS, the California Department of Forestry and the
City of Gilroy Fire Department mutually serve a portion of the
southern part of Santa Clara County; and
~ffiEREAS, it is a common objective of both jurisdictions
to limit the destruction of fire in whatever way possible; and
WHEREAS, it is widely understood that two entities work-
ing together with the same plan to reach that same goal will accom-
plish that goal sooner, and with less effort, and consequently
with less expenditures.
NO~J, THEREFORE, the Council of the City of Gilroy resolves
as follows: the City Administrator is authorized to sign the Agree-
ment for Mutual Aide Fire Protection, (Exhibit A), which is hereby
approved because the City Council recognizes that this mutual aide
plan will allow the close coordination of fire plans and operations
needed to quell any emergency where both entitites equipment and
personnel are needed.
PASSED AND ADOPTED this 5th day of Hay, 1986, by the
following vote:
AYES:
NOES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALtlliRLEE, VALDEZ and HUGfu~N.
COUNCILME}lliERS: None
ABSENT:
COUNCILMEHBERS: None
APPROVED:
ATTEST:
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City Clerk '
RESOLUTION NO. 86 - 25
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I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do
hereby, certify that the attached Resolution No.
86-25
is an
original 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 22nd
day of October
19 86 .
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,\c;i,I:F:-:i-::\T FOE :.IUTUAL FI i\[ j'I\OTECTlO:, AID
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"Exhibit A"
THIS AGREEMENT, made and entered into this 1st day of March, 1986, by
and bet~een the CITY OF GILROY and the STATE OF CALIFORNIA, DEPARTMENT OF
FORESTRY/SANTA CLARA RANGER UNIT, through its duly qualified and acting
Director, hereinafter called FORESTRY.
WIT N E SSE T H
~~EREAS, the CITY OF GILROY maintains and operates a fire protection
organization in the area, generally known as the Gilroy Fire Department;
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and
WHERL4S, FORESTRY maintains and operates a fire protection organiza-
tion for the purpose of providing protection to State and County responsi-
bility lands which are adjacent and proximate to the area protected by the
Gilroy Fire Department; and
~~EREAS, it is the desire of the parties hereto to render aid each to
the other to combat the effect of fire or other emergencies ~hen such aid
is necessary as herein set forth; and
WHEREAS, the parties hereto desire to effect the purpose of this agree-
ment pursuant to the provisions of the "Joint Exercise of Po~er Act" (Gov.
Code Sec. 6500-6547) and/or Section 4142 of the 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 ma~
be necessary to suppress fires or other emergencies of a magnitude that
have developed, or appear likely to develop, beyond the control of a single
party and therefore, require the combined forces of the parties hereto.
2. Such mutual aid shall be provided ~ithin the limits of the County
of Santa Clara provided, ho~ever, 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.
3. No response to a mutual aid req~est provided for in this agreement
~ill be made by the parties hereto unless such request is received through
the established communication channels common to each party and is made by
a responsible fire official of the party requesting such aid.
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4. That any mutual aid under this agreement is extended with the
express understanding that a responsible local fire official (in whose
jurisdiction an incident requiring mutual aid has occurred) shall remain
in charge at such incident 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 con-
y>
stitute 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 ~ncurred which may occur in the course of rendering
the assistance herein prDvided for.
6. This agreement shall remain in full force unless terminated by
either of the parties hereto giving to the other thirty (30) days notice
in writing of such termination.
IN WIT~ESS h~EREOF, the parties hereto have caused this agreement to
be executed as of the day and year first hereinabove written.
CITY OF GILOY
STATE OF CALIFORNIA/DEPARTMENT
OF FORESTRY
SANTA CLARA RANGER UNIT
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By~_ .' I " ~...~---_.~
Authorized-Representative
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By: ~ /JvV/ftv0
Neil McBride, Ranger-in-Charge
Santa Clara Ranger Unit
STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY
By:
Richard M. Baker
Business Servlce Manager