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Home My WebLink AboutC-1611 - Disaster & Civil Defense Master Mutual Aid Agreement0 0 In order to cancel this agreement, it must be done by adoption of a resolution giving notice of termination & filing a certified copy with the State Disaster Council ... the agreement will be terminated 20 days after the filing of the resolution. See Item l Ob of the agreement. m CITY OF NEWPORT BEACH a CALIFORNIA <fFORH,T City Hall .. y 3300m. Newport Blvd. Area Code 714 . 673 -2110 DATE _ February 14, 1974 TO: . FINANCE DIRECTOR FROM City Clerk SUBJECT: Contract No. �81i Description of Contract �C, l.ifomia Disaster and Civil Dafenee Master Mutual Aid Agraamnt Authorized by Resolution No. 8155 t adopted on -j acerbar 10. 1973 Effective date of Contract _ 20 .4 p ate±+ Piling of R_8156 or about 1 -1 -74 Contract with C3ifcmtd8, °"°' ..a rdamtsr QaZi l Address Amount of Contract Nobs: Agmemant an file in Clark's offiea. (File 512) .r CALIJORN IA DISASTER AND C L DE S6 MASTER MUTUAL AID AGREEMENT \ This agreement made and entered into by and between the STALE OF CALI- FORNIA, its various departments and agencies, and the various political sub- divisions, municipal corporations, and other public agencies of the State of California; W I T N E S S E T H WHEREAS, It is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political subdivi- sions, municipal corporations, and other, public agencies be made available to prevent and combat the effect of disasters which may result from such calamities as flood, fire, earthquake, pestilence,, war, sabotage, and riot; and WHEREAS, It is desirable that each of the parties hereto should volun- tarily aid and assist each other in the event that a disaster should occur, by the interchange of services and facilities, including, but not limited to, fire,' police, medical and health, communication, and transportation services and facilities, to cope with the .problems of rescue, relief, evacuation, rehabili- tation, and reconstruction which would arise in the event of a disaster; and WHEREAS, It is necessary and desirable that a cooperatives agreement be executed for the interchange of such mutual aid on a, local, county -wide, re- gional, state -wide, and interstate basis; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties hereto as follows: ( 1. Each party shall develop a plan providing for the effective mobiliza- .tion of all its resources and facilities, both public and private, to cope with any .type of disaster. 2. Ea-h party agrees to furnish resources and facilities and to render ser- vices to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities., and services are to be made available and furnished, which operational plans may include provisions for training and test- ing to make such mutual aid effective; provided, however, that no party shall be required to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. 3. It, is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between . some of the parties hereto providing for the exchange or furnishing of certain types of - facilities..and services on a reimbursable, exchange, or other basis, but that, the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be .without ,reimbursement unless otherwise expressly provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined forces of several or all of the parties to this agreement to combat. 4. It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available PART THREE Pace 55 C and furnished in all es of local peril or emergenc0and in all cases in -which a STATE OF EXTREME EMERGENCY has been proclaimed. S. It is expressly understood that any mutual aid extended under this . agreement and the operational_ plans adopted pursuant thereto, is furnished in accordance with the "California Disaster Act" and other applicable provisions of law, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such per- sonnel and equipment provided him through the operation of such mutual aid - plans." (Sec. 1564, Military and Veterans Code.) 6. It is expressly understood that when and as the State of California enters into mutual aid agreements with 'other states and the Federal Government that the parties to this agreement shall abide by such mutual aid agreements in accordance with law. - - 7. Upon approval or execution of this agreement by. the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in full force and effect as to them until the same may be amended, re- vised, or modified. Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual aid opera- tional plans, shall be adopted as follows: l (a) County -wide and local mutual aid operational plans shall be devel - -- - oped by the ,parties thereto and are operative as between the parties in accor- dance with the provisions of such operational plans. Such operational plans - shall be submitted to the State Disaster Council for approval. The State'Dis- aster Council shall notify each party to such operational plans of its approval,- - and shall also send copies of such operational plans to other parties to this _ agreement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall:. be operative as to such other .parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster - Coancil, in the same manner as notice of termination of participation in this - -- agreement, ' declines -- to- participate in the particular operational plan. _ (b) State -wide and regional mutual aid operational plans shall be ap- proved by the State Disaster Council and copies thereof shall forthwith be sent _ to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby '20 days after re- - ceipt -- thereof unless within that time the party by resolution or notice given - - to the State Disaster Council, in the same manner as notice of termination of - participation in this agreement, declines. to participate in the particular - - operational plan. - - - - (c) The declination of one or more of the parties to participate in a - -- particular.operational plan or any amendment, revision,or modification thereof, shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto. (d) Any party may at any time by resolution or notice given to the 'state - Disaster. Council, in the same manner as notice of termination of participation in this agreement,. decline to participate in any particular operational plan, which declination shall become effective 20 days after filing with the State. Disaster Council. - .. (e) the State Disaster Council shall send copies of all operational;' plans to those state departments and agencies designated by the Governor. The - Governor may upon behalf of any department or agency give notice that such - department or agency declines to participate in a particular operational plan. PART THREE Page 56 - - (f) The State Disaster Council, in sending copies of cperational plans and other notices and information to the parties to this agreement, shall send copies to the Governor and any department or agency head designated by him; the chairman of the board of supervisors, the clerk of the board of supervisors, and County Disaster Council, and any other officer designated by a county; the mayor, the clerk of. the city council, the City Disaster Council, and any other officer designated by a city; the executive head, the clerk of the governing body, or. other officer of other political subdivisions and public agencies as designated by such parties. B. This agreement, shall become effective as to each party when approved or .. executed by the party, and shall remain operative and effective as between Bach - and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other _ parties thereto. Upon approval or execution of this agreement the State Disas- ter Council shall send copies of all approved and existing mutual aid opera- - tional plans affecting such party which shall become operative as to such party 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster. Council, in the same manner as notice of termination of participation in this agreement -, declines to participate in any 'particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan. 9. Approval or execution of this agreement shall be as follows: (a) The Governor shall execute a copy of this agreement on behalf of the - State -of California and the various departments and agencies thereof. -Upon execution by the Governor a signed copy shall - - forthwith be filed with the State Disaster Council. - - l _ (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolu- tion approve and agree to abide by this agreement, which may be - - - -- _ _- designated as "CALIFORNIA-DISASIER- AND CIVIL DEFENSE' MASTER MUTUAL AID AGREEMENT." Upon .adoption of such a resolution, a certified copy thereof shall forthwith be filed with the State Disaster Council.* (c) The executive head of those political subdivisions and public -- -- agencies having no legislative or governing body shall execute a -. copy of this agreement and forthwith file a signed copy with the State Disaster Council. 10. Termination of participation in this agreement may be effected by any party as follows: - - (a) The Governor upon behalf of the State and its various departments and agencies, and the executive head of those political subdivi- sions and public agencies having no legis- lative or governing body, shall rile a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 -days after the filing of such notice. - - (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolu- * See Resolution of Ratification of the Master Mutual Aid Agreement -- p. 73: PART THREE Page 57 tion give Vice of termination of participati3t[ in this agree- ment and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days after the filing of such resolution. IN WITNESS WHEREO^ this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. /signed/ EARL WARREN . GOVERNOR On behalf of the State of California and all its Departments and Agencies ATTEST: ... /signed/ FRANK M. JORDAN November 15, 1950 Secretary of State (GREAT SEAL) .. .. .. NOTE There are references in the foregoing.agreement to the California Disaster Act, State Disaster Council, and various sections of the.Military and Veterans Code. Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970, the. California Disaster Act (Sections 1500 ff., Military and Veterans Code) was superseded by the California Emergency Services Act (Sections 1550 ff., Govern- ment Code), and the State Disaster Council was superseded by the California Emergency.Council. Section 8668 of the California Emergency Services Act provides: (a) Any disaster council previously accredited, the State Civil Defense and Disaster 'Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual 'Aid Plan, all previ- ously approved civil defense and disaster plans, all mutual aid agreements, and all documents and agreements existing as of the effective date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter. In addition, Section 8561 of the new act specifically provides: "Master Mutual Aid Agreement" means the California Disaster and Civil De- fense Master Mutual Aid Agreement, made and entered into by and between the State of.California, its various departments and agencies, and the various political subdivisions of the state, to facilitate implementation of the purposes of this chapter..: Substantially the same provisions as previously contained in Sections 1541, 1564, 1586 and 1587 of the Military and Veterans Code, referred to in the fore-. going agreement, are now contained in Sections 8633, 8618, 8652 and 8653, re- spectively, of the Government Code. PART THREE Page 58 1971 CALIORN IA DISASTER AND CAL DEFENSE MASTER MUTUAL AID AGREEMENT This agreement made and entered into by and between the STATE OF.CALI- ,FORNIA, its various departments and agencies, and the various political sub- . divisions, municipal- corporations, and other public agencies of the State of California; W I I N E S S 6 T H :. WHEREAS, It is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political subdivi- sions, municipal corporations, and other public agencies be made available to prevent and combat the effect of disasters which may result from such calamities . as flood, fire, earthquake, pestilence, war, sabotage, and riot; and WHEREAS, It is desirable that each of the parties hereto should volun- tarily aid and assist each other in the event that a disaster should occur, by the interchange . of services and facilities, including, but not limited to, fire, police, medical and health, communication, and transportation services and facilities, to cope with the .problems of rescue, relief, evacuation, rehabili- tation, and reconstruction which would arise in the event of a disaster; and WHEREAS, It is necessary and desirable that a cooperative agreement be executed for the interchange of such mutual aid, on a local, county - wide, re- gional, state - wide, and interstate basis; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties hereto as follows: . f 1. Each party shall develop a plan providing for the effective mobiliza- tion of all its resources.and facilities, both public and private, to cope with any type of disaster. 2. Eazh party agrees to furnish resources and facilities and to render ser- vices to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid operational plans, 'whether heretofore, or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and. furnished, which operational plans may include provisions for training and test- ing to make such mutual aid effective; provided, however, that no party shall. . be required to deplete unreasonably its own resources, facilities, and services . in furnishing such mutual aid. 3. It is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some of .. the parties hereto providing for the exchange or furnishing of certain type's of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended .under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly . provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of 'a disaster' of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined . forces of several or all of the parties to this agreement to combat. 4. It is expressly . understood that the mutual aid extended under this. agreement and the operational plans adopted pursuant thereto shall be available . PART THREE ,Page 55, and furnished in all cases of local which a STATE OF EXTREME EMERGENCY has peril or emergency and in all cases in been proclaimed. 5. It is expressly understood. that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "California Disaster Act" and other applicable provisions of law, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such per- sonnel and equipment provided him through the operation of such mutual aid. plans." (Sec. 1564, Military and Veterans Code.) 6. It is expressly understood that when and as the State of California , enters into mutual aid agreements with other states and the Federal Government that the parties to this agreement shall abide by such mutual aid agreements in .accordance with law. 7. Upon approval or execution of this agreement by the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in, full. force and effect as to them until the same may be amended, re- vised, or modified. Additional mutual aid operational plans and amendments, . revisions, or modifications of existing or hereafter adopted mutual aid opera- tional plans, shall be adopted as follows: . (a) county -wide and local mutual aid operational plans shall.be devel- oped by the parties thereto and are operative as between the parties in accor- dance with the provisions of such operational plans. Such operational plans shall be submitted to the State Disaster Council for approval. The State Dis- aster Council shall notify each party to such operational plans of its approval, and shall also send copies of such operational plans to other parties to this . agreement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this "agreement; declines to part- icipate - -in -the particular .. operational plan......... (b) State -wide and regional mutual aid operational plans shall be ap- proved by the.State Disaster Council and copies thereof shall forthwith be sent .. to each and every party affected by such operational plans. Such operational 'plans shall be operative as to the parties affected thereby 20 days after re- ceipt thereof unless, within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of ,participation in this agreement, declines to participate in the particular operational plan: (c) The declination of one., or more of the parties to participate in a particular operational plan or any amendment, revision, or modification thereof, shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto. . . (d) Any party may at any time by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, decline to participate in any particular operational plan, which declination shall become effective 20 Jays after filing with the State Disaster Council. (e) The State Disaster Council shall send copies of all operational plans to those state departments and agencies designated by the Governor. The Governor may upon behalf of any department or agency give notice that such department or agency declines to participate in a particular operational plan. PART THREE Page 56 (£) The State Disaster Council, in sending copies of operational plans and other notices and information to the.parties to this agreement, shall send / copies to the Governor and any department or agency head designated by him; \, the chairman of the board of supervisors, the clerk of the board of supervisors, and County Disaster Council, and any other officer designated by a county; the mayor, the clerk of the city council, the City Disaster Council, and any other officer designated by a city; the executive head, the clerk of the governing body, or other officer of other political subdivisions and public agencies as designated by such parties. - 8. This agreement shall become effective as to each party when approved or .executed by the party, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation. in this - agreement is terminated by the party.. The termination by one or more of the, parties of its participation in this - agreement shall not affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State- Disas- ter Council shall send copies of all approved and _existing mutual aid opera- tional plans affecting such party which shall become operative as to such party 20 days after receipt thereof unless within that time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in any particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular ..operational plan. 9. Approval or execution of this agreement shall be as follows: (a) The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments -and agencies thereof. Upon execution by the .Governor a - signed copy shall- - - -- - - - - - forthwith be filed with the State Disaster' Council. l (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolu- tion approve and agree to abide by this Agreement, which may be - -- "" "" " " -- - -- designated as "CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER -'- MUTUAL AID AGREEMENT." Upon adoption of such a resolution, a certified copy thereof shall forthwith be filed with the State Disaster Council.* - - - (c) The executive head of those political - subdivisions and public. - - -- -- -- - _ - .agencies having no legislative or governing body shall execute -a - copy of this agreement and forthwith file a signed copy with the State Disaster Council.` - 10. Termination . of participation in this agreement may be effected by any party as follows: (a) The Governor upon behalf of the State and its various departments and agencies, and the executive head of those - political subdivi- stons and public . agencies having no legislative or governing body, shall file a written notice of termination of participation in .this agreement with the State Disaster Council. and this agreement is terminated as to such party 20 days after the filing of such notice. (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolu- * See Resolution of Ratification of the Master Mutual aid agreement -- p. 73 PART THREE Page 57 tion give vice of termination of participate in this _gree- ment and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days after the filing of such resolution., IN WITNESS WHEREOF this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. /signed/ EARL WARREN . GOVERNOR On behalf of the State of California and.all its Departments and Agencies ATTEST: /signed / FRANK M. .JORDAN .. . November 15, 1950 Secretary of State (GREAT SEAL) NOTE: . There are references in the foregoing agreement to the California Disaster Act, State Disaster Council, and various sections of the Military and Veterans Coder Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970, the .California Disaster Act ,(Sections 1500 ff., Military and ,Veterans Code) was superseded by the California Emergency Services Act (Sections 1550 ff., Govern- .. .... ....... .. ...s. .. _ .. .... ment Code), and the State Disaster Council was superseded by the California Emergency Council. Section 8668 of the California Emergency Services Act provides: .. (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Aid Plan, all previ- ously approved civil defense and disaster plans, all mutual aid agreements, and all documents and agreements existing as of the effective date of this . chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter. . In addition, Section 8561 of the new act specifically provides: "Master Mutual Aid Agreement" means the California Disaster and Civil De- fense Master Mutual Aid Agreement, made and entered into by and between the . State of California, its. various departments and agencies, and the various political subdivisions of the state, to facilitate implementation of the purposes of this chapter. .. Substantially the same provisions as previously contained in Sections 1541, 1564,:1586 and 1587 of the Military and Veterans Code, referred to in the fore- . going agreement, are now contained in Sections 8633, 8618, 8652 and 8653, re- spectively, of the Government Code. . PART THREE Page 58 1971 C. CALIXWNTA DISASTER AND - MASTER MUTUAL AID. AGREEMENT This agreement made and entered into by and between the STATE OF CALI- FORNIA, its various departments and agencies, and the various political sub- - - divisions, municipal corporations, and other public agencies of the State of California; nWM0i1W:AP Y: 0 :ff WHEREAS, It. is necessary that all of the resources and facilities of the State, its various departments and agencies, and all its political-subdivi- sions, municipal corporations, and other - public agencies be made available to - prevent and combat the effect of disasters which may result from such calamities.- . as flood, fire, earthquake, pestilence_, war, sabotage, and riot; and - WHEREAS, It is desirable that each of the parties hereto should volun- tarily aid and assist each other in the event that a disaster should occur, by the interchange of services and facilities, including, but not limited to, fire, - police, medical and health, communication, and transportation services and - - facilities, to cope with the problems of rescue, relief, evacuation, rehabili- tation, and reconstruction which would arise in the event of a disaster; and - - WHEREAS, It is necessary and desirable that a. cooperative agreement be executed for the interchange of such mutual aid on a local, county -wide, re- gional, state -wide, and interstate basis; NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties - hereto as Follows: 1. Each party shall develop a plan providing for the effective- mobiliza- tion of all its resources and facilities, both public and private, to cope with any type of disaster. _ - - -- - - -- 2. Eaoh party agrees to furnish resources and facilities and to render ser- vices to each and every other party to this agreement to prevent and combat any type of disaster in accordance with duly adopted mutual aid .operational plans, 'whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and services are to be made available and furnished, which operational plans may include provisions for training and.test- ing.to make such mutual aid effective; provided, - however, that no party shall be required to deplete unreasonably its-own resources, facilities, and services in furnishing such mutual aid., - - 3. It is expressly understood that this agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements. between _ some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement_ unless otherwise expressly provided for by the parties to this agreement or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster of such magnitude that it is, or is likely to be, beyond the control of a single party and requires the combined forces of several, or all of the parties to this agreement to combat. 4.. It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available_ PART THREE .Page 55 t and furnished in all ca es of local which a STATE OF EXTREME EMERGENCY has peril or emergency and in all cases in been proclaimed. 5. It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the "California Disaster Act" and other applicable provisions of law, and except as otherwise provided by law that: "The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident including the direction of such per- . sonnel and equipment provided him through the operation of such mutual aid plans." (Sec. 1564, Military and Veterans Code.) 6. It is expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federal Government that the parties to this agreement shall abide by such mutual aid agreements in .accordance with law. . 7. Upon approval or execution of this agreement by the parties hereto all mutual aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall. .remain,in full force and effect as to them until the same may be amended, re- .vised, or modified. Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual.aid.opera tional plans, shall be adopted as follows: (a) County -wide and local mutual aid operational plans shall be devel- oped by the parties thereto and are operative as between the parties in accor- dance with the provisions of such operational plans. Such operational plans shall be submitted to the State Disaster Council for approval. The State Dis- aster Council shall notify each party to such operational plans of its approval, and shall also send.copies of such operational plans to other parties to this .agreement who did not participate in such operational plans and who are in the same area and affected by such operational plans. Such operational plans shall be operative as to such other parties 20 .days after receipt .thereof unless within that, time the party by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. .- (b) State -wide and regional mutual aid operational plans shall be ap- proved by the State Disaster Council and copies thereof shall forthwith be sent to each and every party affected by such operational plans. Such operational plans shall be operative as to the parties affected thereby 20 days after re- ceipt thereof unless within that time. the party by resolution or notice. given. to the State Disaster Council, in the same manner as notice of termination of participation in this agreement, declines to participate in the particular operational plan. (c) The declination of one or more of the parties to .participate in a particular operational plan or any amendment, revision,or modification thereof, shall not affect the operation of this agreement and the other operational plans adopted pursuant thereto. (d) Any party may at any time by resolution or notice given to the State Disaster Council, in the same manner as notice of termination of participation in this agreement; decline to participate in any particular operational plan, which declination shall become effective 20 .Jays of ter .filing with the State Disaster Council. (e) The State Disaster Council shall send copies of all operational plans to those state departments and agencies designated by the Governor. The Governor may .upon, behalf of any department or agency give notice that such department or agency declines to participate in a particular operational plan. PART THREE Page 56 r_ (f) The State Disaster Council, in .sending copies of o,----rational plans and other notices and information to the parties to this agree- ?nt, shall send - -( copies to the Governor and any department or agency head designated by him; - \ the chairman of the board of supervisors, the clerk of the board of supervisors, and County Disaster Council, and any other officer designated by a county; the - - - mayor, the clerk of the city council, the City Disaster Council, and any other - - -- .. officer designated by a city; the executive head, the clerk of the governing - - body, or other officer of other political subdivisions and public agencies as - designated by such parties. - - - B. This agreement shall become effective ,'as to each party when approved or - executed by the party, and shall remain operative and effective as between each - - and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other _ - parties thereto.- Upon approval or execution of this agreement the State Disas- ter Council shall send copies of all approved and existing mutual aid opera- - - tional plans affecting such party which shall become operative as to such party - 20 days after receipt thereof unless within that time the party by resolution . or notice given to the State Disaster - Council, in the save manner as notice of - termination of participation in this agreement, declines to participate in any - - - particular operational plan. The State Disaster Council shall keep every party currently advised of who the other parties to this agreement are and whether -- - any of them has declined to participate in any particular operational plan. 9. Approval or execution of this agreement shall be as follows: - - - (a) The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies - - - thereof.. Upon execution by the Governor a signed copy shall - forthwith be filed - with -the State Disaster Council. - - - - - \ - -(b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolu- tion approve and agree to abide by this agreement, which may be - -' designated: as "CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER- - - -- MUTUAL AID AGREEMENT." Upon adoption of such a resolution, a certified copy thereof shall forthwith be filed -with the State - Disaster Council.* - - - - (c) The executive head of those political subdivisions and public - -- - - -- - -- agencies having no legislative or governing body shall execute -a _ - copy of this agreement and forthwith file a signed copy with the - -State Disaster Council. - - - - -- 10. Termination of participation in this agreement may be effected by any party as follows: - - - - - - - (a) The Governor upon behalf of the State and its various departments and agencies, and the executive head of those political subdivi- sions and public agencies having no legislative or governing body, shall file a written notice of termination of participation in this agreement with the State Disaster Council and this agreement is terminated as to such party 20 days after the filing of such - notice. (b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall:by resolu- - * .See Resolution of Ratification of the Master Mutual Aid Agreement -- p. -73:_ _ -- PART THREE .. ' Page 57 r . tion give i'lRtice of termination of participate in this agree- ment and file a certified copy of such resolution with the State Disaster Council, and this agreement is terminated as to such party 20 days.after the filing of such resolution. .. IN WITNESS WHEREOF this agreement has been executed and approved and is effective and operative as.to each of the parties as herein provided. /signed/ EARL WARREN GOVERNOR On behalf of the State of California and all its Departments -and Agencies. ATTEST: /signed /. FRANK M. JORDAN November 15, 1950 Secretary of State (GREAT SEAL) NOTE: ., There are references in the foregoing agreement to the California Disaster Act, State Disaster Council, and various sections of the Military and Veterans Code. Effective November 23, 1970, by enactment of Chapter 1454, Statutes 1970, the California Disaster Act (Sections 1500 ff., Military and Veterans Code) was superseded by the California Emergency Services Act (Sections 1550 ff., Govern- Code), and the State Disaster Council was superseded by the California Emergency Council. Section 8668 of the California Emergency Services Act provides:. (a) Any disaster council previously accredited, the State Civil Defense and Disaster Plan, the State Emergency Resources Management Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Aid Plan, all previ- ously approved civil defense and disaster plans, all mutual aid agreements, and all documents and agreements existing as of the effective .date of this chapter, shall remain in full force and effect until revised, amended, or revoked in accordance with the provisions of this chapter. In addition, Section 8561 of the new act specifically provides: "Master Mutual Aid Agreement" means the California Disaster and Civil De -. fense Master Mutual Aid Agreement, made and entered into by and between the State of California, its.' various departments and agencies, . and the various political subdivisions of the state, to, facilitate implementation of the purposes of this chapter. Substantially the same provisions as previously contained in Sections 1541, 1564, 1586 and 1581 of the Military and Veterans Code, referred to in the fore- . going agreement, are now contained in Sections .8633, 8618, 8652 and. 8653, re- spectively,of the Government Code. .. PART THREE . Page 58 1971 w RESOLUTION NO. 8 15 5 A RESOLUTION OF THE CITY COUNCIL OF THE_..., CITY OF NEWPORT BEACH ADOPTING TFiE CALIFORNIA. DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT. v �b 1/ WHEREAS, Earl Warren, Governor of the State of California, on the 15th day of November,1950,' executed the California Disaster and Civil Defense Master, Mutual Aid. Agreement on behalf of the State of California and all of its departments and agencies; and WHEREAS, the City of Newport Beach recognizes that it is necessary and desirable that all of the resources and facilities of the State: and its various departments and agencies, as well as all of the resources and facilities of political subdivisions,, municipal corporations,.and all other public agencies be made available to .prevent and combat, the effects of disaster; and WHEREAS, it is also desirable and necessary that these entities should voluntarily aid and assist each other, in the event that a disaster should occur, by the inter change of services and facilities including, but not limited to, fire, police, medical and health, communications, and transportation services and facilities,.to cope with the problems of rescue, relief, evacuation, rehabilitation and reconstruction which would arise in the event of.a disaster. NOW, THEREFORE, BE IT 'REEOLVED tfiat Tie -City 'Council _" of the City of Newport Beach.does hereby approve and agree to abide by the California Disaster and Civil Defense Master Mutual Aid Agreement, three copies of which are on file in the office of the City Clerk of the City of Newport Beach: -1- BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to send a. certified copy of this resolution to the California Emergency Council,. Office of Emergency Services, Post office Sox 9577, Sacramento, California 95823, for filing with said Council. ADOPTED this day of DEC 10'1973 1973. i