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HomeMy WebLinkAbout1990-05-29 - AGENDA REPORTS - PUBLIC WORKS MUTUAL AID AGMT (2)In a major emergency, the. County of Los Angeles would provide the full range of emergency services to contract cities. However, in a truly catastrophic disaster, such as a major earthquake, the County's resources will be depleted and it will be necessary to request outside assistance. The City of Santa Clarita presently does not have existing mutual aid agreements essential to receive public works assistance in a disaster. It will be absolutely vital that the impacted public works agencies are able to obtain assistance from other public works agencies quickly in order to effectively deal with such a disaster. A public works mutual aid agreement will allow the City to request needed resources in a more expeditious manner than is presently afforded via existing request channels. The Los Angeles County and Orange County Boards of Supervisors have recently become parties to the subject Agreement. This Agreement has also been sent to eight other Southern California counties with the expectation that they, and the cities within each County, will become parties to the Agreement. The City of Santa Clarita should adopt the Public Woks Mutual Aid Agreement to ensure mutual assistance with/from other agencies. The City Attorney has reviewed the proposed agreement and approved it as to form. RECOMMENDATION That the City council approve and execute the attached Public Works Mutual Aid Agreement. ATTACHMENT Mutual Aid Agreement Original Mutual Aid Agreement with Cover letter from County of Los Angeles - February 13, 1990 Letter from County of Los Angeles - May 7, 1990 kpYROVEN Agenda Item: ZZ AGENDA REPORT City Manager Approval / Item to be presented b NEW BUSINESS John E. Medina DATE: May 22, 1990 SUBJECT: PUBLIC WORKS M TUAL AID AGREEMENT DEPARTMENT: Public Works, BACKGROUND In a major emergency, the. County of Los Angeles would provide the full range of emergency services to contract cities. However, in a truly catastrophic disaster, such as a major earthquake, the County's resources will be depleted and it will be necessary to request outside assistance. The City of Santa Clarita presently does not have existing mutual aid agreements essential to receive public works assistance in a disaster. It will be absolutely vital that the impacted public works agencies are able to obtain assistance from other public works agencies quickly in order to effectively deal with such a disaster. A public works mutual aid agreement will allow the City to request needed resources in a more expeditious manner than is presently afforded via existing request channels. The Los Angeles County and Orange County Boards of Supervisors have recently become parties to the subject Agreement. This Agreement has also been sent to eight other Southern California counties with the expectation that they, and the cities within each County, will become parties to the Agreement. The City of Santa Clarita should adopt the Public Woks Mutual Aid Agreement to ensure mutual assistance with/from other agencies. The City Attorney has reviewed the proposed agreement and approved it as to form. RECOMMENDATION That the City council approve and execute the attached Public Works Mutual Aid Agreement. ATTACHMENT Mutual Aid Agreement Original Mutual Aid Agreement with Cover letter from County of Los Angeles - February 13, 1990 Letter from County of Los Angeles - May 7, 1990 kpYROVEN Agenda Item: ZZ PUBLIC WORKS MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement") is made and entered into by those parties who have adopted and signed this Agreement. WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association of California, and the American Public Works Association have expressed a mutual interest in the establishment of a plan to facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment and facility assistance is provided from one party's Public Works Department to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is Services Act set forth in Title 2, seq.) of the Government Code and 8630 et seq.) of the Act. in accord with the California Emergency Division 1, Chapter 7 (Section 8550 et specifically with Article 14 (Section NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include by, not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. N C. An "Operational Area" for the coordination of public works mutual aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works operational area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 18 hereinafter. 3. When a Local Emergency has been proclaimed by party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities as can be provided without Jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and/or facilities are .no longer required or when assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the resources provided by the assisting party. Requesting Coordinator shall remain in charge of the incident or occurrence and shall provide control and direction to the resources provided by the assisting party. The request may include for providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. Requesting Coordinator shall make arrangements -for housing and feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of assisting party. 0 8. Requesting party shall hold harmless, indemnify, and defend the assisting party, its officers, agents, and employees against all liability, claims, losses, demands or actions for injury to, or death of, a person or persons, or damages to property arising out of, or alleged to arise out of or in consequence of, this Agreement provided such liability, claims, losses, demands, or actions are claimed to be due to the acts or omissions of the requesting party, its officers, agents, or employees, or employees of the assisting party working under the direction and control of the requesting party when the act or omission of such assisting party employee occurs or is alleged to occur within the scope of employment under the direction and control of the requesting party. 9. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, and materials provided as required by Federal and State (NDAA) and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to other party's records for this purpose. 10. Agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 11. Any party may withdraw from agreement without cause upon delivery of sixty (60) days prior written notice to the Agreement Coordinator designated in Paragraph 18 hereinafter. 12. To the extent that they are inconsistent with this agreement all prior agreements for public works mutual aid between the parties hereto are hereby null and void. 13. Requests for mutual aid assistance under this Agreement when more than one County is impacted by a disaster, should be channeled through the appropriate Regional State Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 14. Requests for Public Works assistance from outside of an operational area should be channeled through the authorized emergency management organizations for the requesting and providing parties' operational areas. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This Agreement in now way acts to abrogate or waive any immunity available under the Tort Claims Act. 1 17. Initial signatories to this Agreement are: Los Angeles County Orange County 18. The County of Los Angeles shall act as the initial Agreement coordinator of this program for the purpose of: a. Receipt of new members to the Agreement. b. Maintaining a current list of signatory parties and representatives. C . Circulating annually a list of all parties and Representatives to all signatory parties. d. Arranging for amendments to agreement as may be necessary. The party acting as Agreement Coordinator may transfer these responsibilities to another party with the consent of the party and upon notification of the other parties to the Agreement. 19. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of Los Angeles, addressed as follows: The Los Angeles County Department of Public Works 900 South Fremont Avenue Alhambra, California 91803-1331 Attention: Disaster Services Coordinator 0 0) IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. JOANNE DARCY, MAYOR SANTA CLARITA, CALIFORNIA APPROVED AS TO FORM: CARL NEWTON, CITY ATTORNEY SANTA CLARITA, CALIFORNIA ATTEST: GEORGE CARAVALHO, CITY CLERK SANTA CLARITA, CALIFORNIA Jr�y OF., `OS , x _ CdUFORN\P K � THOMAS A. TIDEMANSON. Director February 13, 1990 COO1NTY OF LOS ANGE4kS DEPARTMENT OF PUBLIC WORKS 900 SOUTH FRE ONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 Mr. George Caravalho City Manager City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 Dear Mr. Caravalho: PUBLIC WORKS MUTUAL AID AGREEMENT FE3 '1 S 199o,, C; r :..,.l. , n S OFFICE CITY F SANTA CLARITA ADDRESS ALL CORRESPONDENCE TO: P.® -BOX 1460 ALHAMBRA. C:AILIFORNIA 91802-1460 IN REPLY PLEASE RM -0 REFER TO FILE. FEB 2 0 1990 PUBM v—)' L)teARTMENi CITY OF SANTA CLARITA As you know, the seismic experts tell us that there is a very high probability that the Southern California Region will experience a devastating earthquake within the next 30 years on one of the many faults that criss-cross this region. The estimated impact of such an earthquake on the infrastructure that we as public works officials are responsible for maintaining is staggering and is pro- jected to be beyond the resources of any single City or County to cope with. It will be absolutely vital that the impacted public works agencies be able to get assistance from other public works agencies quickly to effectively deal with such a catastrophe. We believe the best way to do this is to have public works mutual aid agreements in place before the earthquake strikes. Recognizing this need, my staff has jointly developed the attached Public Works Mutual Aid Agreement with the staffs of other public works departments and the State Region I Office of Emergency Services. I am pleased to report that the Los Angeles County and Orange County Boards of Supervisors recently approved this Agreement so it is in full force and effect between our two Counties. It has also been sent to eight other Southern California Counties with the expecta- tion that they and the cities within those counties will become signatories to the Agreement. Eventually, we are hopeful that Counties and Cities statewide will become parties to the Agreement. In a major emergency, the County would, of course, provide the full range of emergency services to contract cities currently receiving our services and to other cities upon request under existing General Services Agreements up to the limit of our available resources. However, in a truly catastrophic disaster, our resources will be depleted and it will be necessary to request outside assistance. Also, many cities in the County do not have existing mutual aid agreements to provide one another with public works assistance in a disaster. LpIat isfor these reasons that it is desirable for all cities in the County become rties to the attached agreement. Mr. George Caravalho -2- February 13, 1990 We invite your City to join with us as a party to the Agreement so that you can share in its benefits. The Agreement does not obligate your City to provide anything, but it establishes procedures for you to receive critical assistance in a disaster if needed. In the event your City does provide public works mutual aid assistance to a City or County, you would be fully compensated under the terms of the Agreement. If you have any questions regarding the Agreement, lease contact my Disaster Services Coordinator, Ken Weary (phone 818-458-3981). Please process a duplicate copy of the attached signed Agreement to your City Council for approval. Upon execution by your Council, we request that you pro- vide a signed copy to us for our records in accordance with Paragraph 19 of the Agreement. Very truly yours, T. A. TIDEMANSON Director of Public Works X&a'� . /k DONALD Y. NE Deputy Di ctor KEW:ds/PM-PWMAA Attach. cc: Mr. John Medina Director of Public Works Mr. Mike Henry Area "B" Coordinator �� OF LOS 4 be • o� �w`k x C'4OFORM�P - x THOMAS A. TIDEMANSON, Director May 7, 1990 CONY OF LOS ANGELE�� DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 Mr. George Caravalho City Manager City of Santa Clarita 23920 Valencia Boulevard Suite 300 Santa Clarita, CA 91355 Dear Mr. Caravalho: PUBLIC WORKS MUTUAL.AID AGREEMENT C V I'14Y 1 0 1990 CITY r GFF ;1GEn'S OFFICE S NTA CLARITA ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE RM -0 REFER TO FILE: In my February 13, 1990 letter (copy attached), I.notified you that Los Angeles County and Orange County had entered -into a Public Works Mutual Aid Agreement and invited your City to join with us as a party to the Agreement. As of today, 6 Southern California Counties and 35 cities have notified us that they signed the Agreement as shown on the attached status report. I am again inviting'your City to become a signatory to the Agreement so you too can share in its benefits should a disaster impact your city. It is highly desirable to have an Agreement in place that establishes the terms of providing and .receiving public works mutual aid assistance before a disaster strikes to help expedite getting the needed assistance during the disaster. I have attached a sample copy of a city resolution and signature page that you may wish to follow in processing the Agreement to your City Council for approval. Please process the Agreement in accordance with the earlier attached letter that I sent to you. If you have any questions regarding the Agreement, please contact my Disaster Services Coordinator, Ken Weary, (phone --818-458-3981). ., Very truly yours, 1 T. A. TIDE SON Director Public Works KEW:ds/ -MAA1 Attach. cc: -Mr. John Medina Director of Public Works Mr. Mike Henry Area °BII Coordinator February 13, 1990 RM -0 Public Works Mutual Aid Agreement AN IDENTICAL ORIGINAL OF THE ATTACHED LETTER WAS SENT TO EACH OF THE FOLLOWING: Mr. David Carmany Mr. George Caravalho City Manager City Manager City of Agoura Hills City of Santa Clarita 30101 Agoura Road 23920 Valencia Boulevard Suite 102. Suite 300 Agoura Hills, CA 91301 Santa Clarita, CA 91355 cc: Mr. Vince Mastrosimone Director of Public Works Mr. Mike Henry Area "B" Coordinator Ms. Cherie Paglia City Clerk City of Hidden.Hills 24549 Long Valley Road Hidden Hills, CA 91302 cc: Mr. Mike Henry Area "B" Coordinator Mr. Steve West City Manager City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 cc: Mr. Jeff Long Director of Public Works Mr. Mike Henry Area "B" Coordinator Mr. Robert Toone City Administrator City of Palmdale 703 East Palmdale Boulevard Palmdale, CA 93550 cc: Mr. Steve Williams Director of Public Works Mr. Mike Henry Area "B" Coordinator (:KEW• s/P-PWMAM2 ach. bc: D. Y. Milne City Services cc: Mr. John Medina Director of Public Works _- Mr. Mike Henry Area "B" Coordinator Mr. Larry Bagley City Manager City of Westlake Village 31824 Village Center Road Westlake Village, CA 91361 cc: Mr. Dennis Delzeit City Engineer Mr. Mike Henry Area "B" Coordinator February.13, 1990 RM -0 PUBLIC WORKS MUTUAL AID AGREEMENT As you know, the seismic experts tell us that there is a very high probability that the Southern California Region will experience a devastating earthquake within the next 30 years on one of the.many faults that criss-cross this region. The estimated impact of such an earthquake on the infrastructure that we as public works officials are responsible for maintaining is staggering and is pro- jected to be beyond the resources of any single City or County to cope with. It will be absolutely vital that the impacted,public works agencies be able to get assistance from other public works. agencies quickly to effectively deal with such a catastrophe. We believe the best way to do this is to have public works mutual aid agreements in place before the earthquake strikes. Recognizing this need, my staff has jointly developed the attached Public Works Mutual Aid Agreement with the staffs of other public works departments and the State Region I Office of Emergency Services. I am pleased to report that the Los Angeles County and Orange County Boards of Supervisors recently approved this Agreement so it is in full force and effect between our two Counties. It has also been sent to eight -other Southern California Counties with the expecta- tion that they and the cities within those counties will become signatories to the Agreement. Eventually, we are hopeful that Counties and Cities statewide. will become parties to the Agreement. In a major emergency, the County would, of course, provide the full range of emergency services to contract cities currently receiving our services and to other cities upon request under existing General Services Agreements up to the limit of our available resources. However, in a truly catastrophic disaster, our resources will be depleted and it will be necessary to request outside assistance. Also, many cities in the County do not have existing mutual aid agreements to provide one another with.public works assistance in a disaster. It is for these reasons that it is desirable for all cities in the County become parties to the attached agreement. -2- February 13, 1990 We invite your City to join with us as a party to the -Agreement so that you can .share in .its. benefits. The Agreement does not obligate your. City to provide anything,_but it establishes procedures for you to receive critical assistance An a disaster -if needed. In the event your City does provide public works mutual aid assistance to a City' or County, you would be fully compensated under the terms of the Agreement. If you have any questions regarding the Agreement, please contact my Disaster Services Coordinator, Ken Weary (phone 818-458-3981). Please process a duplicate copy of the attached -signed Agreement to your City Council for approval. Upon execution by your Council, we request that you pro- vide a signed copy to us for our records in accordance with Paragraph 19 of the Agreement. Very truly yours, T. A. TIDEMANSON Director of Public Works DONALD Y. MrNE Deputy Director KEW:ds/PM-PWMAA Attach. bc: D. Y. Milne City Services CWNTY OF LOS ANGELS DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA. CALIFORNIA 91303.1331 Telephone-- (913) /53-3100 THOMAS A. TIDEMANSON. Director "ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1160 ALHAMBRA. CALIFORNIA 91902-1160 October 19,:1989 - _ RiREPLY rLEAsE RM -0 REFER TO nLE: Honorable Board of Supervisors' .County B n y of Los Angeles nOARa. ccuvr'r�� 383'Hall of Administration 500 West Temple Street Los Angeles, California 90012 13 OCT 31 198S Dear Supervisors: MULTI -COUNTY PUBLIC'WORKS MUTUAL AID AGREEMENT ALL SUPERVISORIAL DISTRICTS WRY j. MON TEILH "EC1TWE OFFICER RECOMMENDATIONS: That your Board: - 1. Approve the attached Agreement for Public Woks Mutual Aid between. the County of Los Angeles and Orange County as initial signatories with a provision to allow other Counties, Cities and State agencies to become subsequent additional parties to the Agreement. - 2. Instruct the Chairman of- the.Board_to sign the. Agreement. Representatives of the Los Angeles County Department of Public Works have been working with representatives of other County and City Public Works Departments, the State Office of Emergency Services, the American Public Works Association, the League of California Cities and County Supervisors Association of California to- develop a formal. Mutual Aid Agreement for rendering Public Works Mutual Aid in disasters. Formal Mutual Aid Agreements already exist for the Fire Service,.Law.Enforcement and Coroner agencies throughout the State. It has been recognized that formal- ized Mutual Aid Agreements are also needed in the public works discipline which is heavily involved in major disasters. Because the need for Public Works Mutual Aid -occurs less frequently than.in fire and law enforcement, reciprocal service is less likely within any reasonable time frame so a reimbursement pro- vision has been included in the attached Agreement. -:.The California. Emergency. Services Act sets forth in Title 2, Division 1, Chapter.7 (Section 8550 -et seq.). of the Government Code and specifically Article 14 (Section 8630 et seq.) of the Act the basis. for. Public. Works Mutual Aid Agreements- authorization. The attached Agreement is between Los Angeles, -County and Orange County as initial signatories. However, it has been endorsed by representatives of all of the Southern California Counties and the Region I State Office of Emergency Services and those agencies are expected to 'approve and also become signatories as provided under the terms of the Agreement. It is anticipated that many of the cities in these counties will also become parties to the Agreement. The Agreement is intended .to be used only in major disasters when the available resources of any one County are not adequate to cope with the disaster and out- side public works resources are required. It is anticipated that in such a case, a_Local Emergency will have been declared and a State of Emergency will probably be requested. While the Agreement is primarily aimed at a catastrophic disaster such as a major earthquake, it could be used ­for any disaster such as a major flood. The basic provisions. of the Agreement are, -that rendering of mutual aid by any party is strictly voluntary so that the resources of the assisting party are not unreasonably depleted by the rendering of such aid. The aid pro- vided by a party would be fully reimbursed by .the party receiving the aid. (In a major disaster, most of this cost is likely to be reimbursed by the State and Federal Governments). The approval of this Agreement will be a major step in developing critical assistance to save lives and protect property of the citizens of this County and its Cities by, allowing us to receive public works assistance from other Counties and Cities in Southern California and allowing us to provide assistance to them so they can do the same. Attached are three copies of the Agreement which have been reviewed and approved as to form by County Counsel. Upon approval, please return the two copies marked "ORIGINAL" to this Department for processing together with four approved copies of this letter. The County File Copy is for your files until the fully executed County's Copy is returned to you,.at which time the County File Copy -should be conformed and forwarded.to the Audi tor -Control ier. Respectfully submitted, T. A. TIDEMAN N irector�of ublic Works- KEW:ad/8-BLAID Attach. cc:- CAO (Disaster Services) rs BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES January 9, 1990 i PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 WITH LOS 'ANGELES COUNTY: Envirbnmental Management Agency requests approval of_agreement.for Public Works Mutual Aid. MOTION: On motion by Supervisor Vasquez,, seconded by Supervisor Roth, the Board moved to: 1. Authorize execution of Mutual Aid Agreement No: 62170 with Los Angeles County as initial signator with provision for other counties,_ cities and State Agencies to -become -subsequent additional parties. 2. Designate Environmental Management Agency Public Works Operations Manager as Coordinator for Orange County. MOTION UNANIMOUSLY CARRIED. ORIGINAL PUBLIC WORKS MUTUAL.AID AGREEMENT This Mutual Aid Agreement ("Agreement") is made and entered into by those parties who have adopted and signed this Agreement. WHEREAS, the California Office of. Emergency Services, the League of California Cities, ..the County Supervisors Association of -California, and the . Arne rican..Public Works Association have expressed a mutual interest'in the establishment of a plan to facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the parties hereto have determined that it would be in their best interests .to enter into an agreement 'that implements that plan and sets forth procedures and the responsibilities of the parties whenever. emergency personnel, equipment and facility assistance is provided from one party's Public Works Department to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et•seq.) of the Government Code and specifically with Article 14 (Section 8630.et seq.) of the Act. NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazard- ous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Area" for the coordination of.public works mutual aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works opera tional area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be. notified in writing as soon as l� practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 18 hereinafter. O 3. When a Local Emergency has been proclaimed by party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received; the assisting Coordinator shall promptly advise of the extent of response; -provide whatever personnel, equipment, and/or facilities as can .be,provided without -jeopardizing the safety'of persons -or -property within a heir jurisdiction. No party receiving a request for assistance shall be -under any obligation to provide assistance or incur any liability for not complying with the request. 5: When the assisting Coordinator's personnel., equipment, and/or facil- ities are no longer required or when assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the .resources provided by the assisting party. Requesting Cdordinator shall remain in charge of the incident or occurrence and shall provide control and direction to the resources provided by the assisting party. The request may include for providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. Requesting Coordinator shall make arrange- ments for housing and feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. 7. The requesting party agrees to pay all direct, indirect, administra- tive and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard. rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of assisting party. 8. Requesting party shall hold harmless, indemnify, and defend the assisting party, its officers, agents, and employees against all lia- bility, claims, losses, demands or actions for injury to, or death of, a person or persons, or damages to property arising out of, or alleged to arise out of or in consequence of, this Agreement provided such liability, claims, losses, demands, or actions are claimed to be due to the acts or omissions of the requesting party, its officers, agents, or employees, or employees of the assisting party working under the direction and control of the requesting party when the act or omission of such assisting party employee occurs or .is alleged to occur within the scope of employment under the direction and control of the requesting party. 9. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, and materials provided as required by Federal and State.(NDAA) and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to other party'.s records for this purpose. 10. Agreement shall take effect immediately upon its execution and shall remain in effect until,terminated. 11. Any party may withdraw from agreement without cause upon delivery of sixty (60) days prior written notice to the Agreement Coordinator designated in Paragraph.18 hereinafter. 12. To -the extent that they are inconsistent with this agreement all prior agreements for.public works -mutual aid.between the parties hereto are hereby null and void. 13. Requests for mutual aid assistance under this Agreement when more than one County is impacted by a disaster, should be channeled through the appropriate Regional State_Office of Emergency Services to ensure maximum effectiveness in -allocating resources to the . highest priority needs. 14. Requests for Public Works assistance from outside of an operational area should be channeled through the authorized emergency management organizations for the requesting and providing parties' operational areas. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This Agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. Initial signatories to this Agreement are: Los Angeles County Orange County 18. The County of Los Angeles shall act as the initial Agreement coordinator of this program for the purpose of: a. Receipt of new members to the Agreement. b. Maintaining a current list of signatory parties and representatives. c.. Circulating annually a list of all parties and Representatives to all. signatory parties. d. Arranging for amendments to agreement as may be necessary. The party acting as Agreement Coordinator may transfer the se.responsi- bilities to another party with the consent of that party and upon' notification of the other parties to the Agreement. 'r f 19. Al signatory parties agree that any other qualified public agency 'or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same -to the Agreement Coordinator, initially the County of Los Angeles, addressed as follows: The Los Angeles County Department of Public Works 900 South Fremont -Avenue Alhambra, CA 91803-1331 Attention: Disaster Services Coordinator IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. 'r kms. ATTEST Larry J. Monteilh Executive Officer -Clerk of ` '� _y.-...;. jk the Board of Supervisors DEPUTY ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE. CHAIRMAN OF THE BOARD. LINDA D*RUTH JAN 8 r,,r CLERK OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton County Counsel 11 ' PRINCIPAL MPUT APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: =�-C-�_c� l Deputy R-MCPW CLOS ANGELES COUNTY BY•K , CHAIRMAN, BOARD OF SUPERVISORS . ORANGE COUNTY B Y CHAIRMAN, BOARD OF SUPERVISORS Jy BOAR` 01CCUN J �' CARRY EUCUTNE OFFICER Counties PUBLIC WORKS MUTUAL AID STATUS Signed Executed Agmt/Resolution Received Remarks Imperial X Kern X Los Angeles X X Orange X X Riverside Baldwin Park San Bernardino Tentative approval in May San Luis Obispo X San Diego Scheduled for B/S 5/22 Santa Barbara Tentative approval in May Ventura X X TOTAL NUMBER OF COUNTIES SIGNED = 6 Cities - Los Angeles County Agoura Hills X X Arcadia X X Artesia X X Baldwin Park X X Bell Gardens X X Bellflower X X Bradbury X Burbank X X Covina X Diamond Bar X X Duarte X X Glendora X X Hermosa Beach X X Huntington Park X X Industry X X Inglewood X X Irwindale X X La Habra Heights X X La Puente X X La Verne X X Lakewood X X Manhattan Beach X X Paramount X X Pico Rivera X X Pomona X X Redondo Beach X X Rosemead X X South E1 Monte X X Temple City X X Torrance X X Walnut X X West Covina X X Westlake Villaqe X X TOTAL NUMBER OF L.A. COUNTY CITIES SIGNED = 33 Cities - Ventura County Camarillo X X Ojai X X GRAND TOTAL NUMBER OF CITIES SIGNED = 35 KEW:ds/I-PWS AGREEMENT WITH THECOUNTIES OF LOS 'ANGELES 'AND ORANGE AND OTHER CITIES AND COUNTIES. AS THEY MAY BECOME SIGNATORY TO THE PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, The City of -Bell Gardens .is aware of -the great need for Disaster Training .and Emergency Preparedness,. and WHEREAS, The Counties of Los Angeles and Orange have signed a .Public Works Mutual Aid Agreement to be implemented on an as needed basis during any catastrophic disaster, and WHEREAS, Mutual Aid agreements are effectively used between agencies in the Police and Fire Services, and WHEREAS, during such a major. disaster, City Public Works resources will be insufficient to meet the needs of. the moment, and WHEREAS in the event of a serious disaster in a neighboring city, the City of Bell Gardens may be able to extend Public Works Disaster Assistance to that affected city, and WHEREAS there is presently no agreement in place to govern the extension of Public Works Mutual Aid -during a disaster, NOW, THEREFORE BE IT RESOLVED, the Bell Gardens City Council hereby approve the MULTI -COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT, and authorize staff to execute. such documents as are necessary to join .the Public Works Mutual Aid Agreement. PASSED, APPROVED and ADOPTED this 26th day of February, 1990. MAYOR OF THE CITY OF BELL GARDENS ATTEST: ClaY CLERK Y✓ AMP 5 a� 5 CITY OF ARTESIA IN WITNESS THEREOF, the parties hereto have, executed this Agreement by their duly authorized officers on t h e dates hereinafter indicated. BY: DENNI•S R. FELLOWS, MAYOR CITYOF ARTESIA. DATE: March 13, 1990 ATTEST: BY: PAMELA MCDANIEL, CITY/CLERK CITY OF ARTESIA DATE: March 15, 1990 5 A Mad ��' s �y �J e �.4 e