HomeMy WebLinkAboutC-2803 - Voluntary Emergency Preparedness OrganizationBY THE CITY COUNCIL
CITY OF NEYYPOFTEA
FEB 2 1990
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City Council Meeting
February 26, 1990
Agenda Item No. F-3(b)
TO: MAYOR PLUMMER AND MEMBER OF THE CITY COUNCIL
From: Robert J. Dixon, Utilities Director
SUBJECT: VOLUNTARY EMERGENCY PREPAREDNESS C-Zi03
ORGANIZATION INDEMNIFICATION AGREEMENT
Recommended action: If desired, approve the Volunteer Emergency
Preparedness Organization (VEPO) agreement and authorize the Mayor to
sign it on behalf of the City.
Background: VEPO was formed in 1983 to coordinate an emergency response
by all Orange County water agencies in the event of an earthquake, flood, fire,
or other regional disaster.
The City has participated in VEPO on a voluntary basis since its formation. A
separate radio channel is maintained to communicate during emergencies.
This channel was last activated during the Newport Beach earthquake.
The attached agreement has been prepared for agencies participating in VEPO.
A list of the agencies comprising VEPO is attached to the agreement as
"Exhibit A ". Its purpose is to indemnify and hold harmless participating
agencies from any liability for injury or property damage incurred by any
VEPO participant or employee in the course of participation in VEPO
activities.
The agreement is standard for mutual aid programs. It was reviewed by the
Utilities Committee at its meeting on January 24, 1990.
Respectfully submitted,
t
Robert J. Dixon
Utilities Director
Of)
ORANGE COUNTY
VOLUNTEER EMERGENCY PREPAREDNESS ORGANIZATION
• INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT is entered into on the
day of by and between Municipal water
District of Orange County (MWDOC), Coastal Municipal Water
District (Coastal), Orange County Water District (OCWD), and the
undersigned participants in the Orange County Volunteer Emergency
Preparedness Organization (VEPO) , (All parties are collectively
referred to as "VEPO Participants ".) , pursuant to California
Government Code 5895.4.
WHEREAS, VEPO was formed in 1983 by the Orange County water
community for the purposes of coordinating an emergency response
ty all Orange County water agencies in the event of an
earthquake, flood, fire, or other regional disaster; and
WHEREAS, to accomplish this purpose each of the VEPO
Participants has or will contribute the use of certain of its
facilities and equipment and the services of certain of its
personnel, both in preparation for an emergency and in response
to any emergency situation pursuant to an Emergency Response Plan
prepared by VEPO; and
WHEREAS, the VEPO Participants desire to indemnify and hold
each other harmless from any liability for injury or property
damage incurred by any VEPO Participant or its employees,
officers or agents or to third parties in the course of or as a
result of their participation in VEPO activities;
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NOW, THEREFORE, in consideration of the mutual promises and
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covenants herein, the VEPO Participants agree as follows:
1. VOLUNTARY PARTICIPATION
Neither this Agreement, nor the VEPO Emergency Response Plan
creates, or shall be deemed to create, any contractual or implied
duty on the part of any signatory to provide, or attempt to
provide, any real property, structures, facilities, tools,
vehicles, equipment, machinery, materials, personal property or
personnel to any other VEPO Participant or third party. No
signatory shall be liable for its failure to provide, or attempt
to provide, assistance to any other party. It is the intent of
the parties that assistance under the VEPO Emergency Response
Plan be provided on a strictly voluntary basis, and that no joint
venture be created.
2. LIABILITY FOR JOINING
Notwithstanding Government Code 589 2, it, is the intent of
the signatories to this Agreement that there shall be no
liability assumed by, or imposed upon, any signatory solely by
reason of such signatory' executing the VEPO Emergency Response
Plan or this Agreement.
In the event of any liability, claim, demand, action or
proceeding of whatever kind or nature arising out of the
rendering of assistance through VEPO, the parties involved in
rendering or receiving assistance through VEPO agree to indemnify
and hold harmless, to the fullest extent allowed by law, each
signatory to the VEPO Emergency Response Plan whose only
involvement, in the transaction or occurrence which is the
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subject of such claim, action, demand or other proceeding, is the
execution and approval of the VEPO Emergency Response Plan and
this Agreement. Such indemnification shall include indemnity for
all claims, demands, liability, damages and costs, including
reasonable attorneys' fees and other costs of defense, for
personal injury and property damage and is not waived as a result
of the uninvolved party's negligent or willful failure to respond
in accordance with the VEPO Emergency Response Plan.
3. COVENANT NOT TO SUE OTHER PARTICIPANTS
Each VEPO Participant agrees to assume the entire risk of
loss and to indemnify and hold each of the remaining VEPO
Participants harmless from any and all claims, liability, or
damages for personal injury or property damage incurred by that
VEPO Participant or its agents, employees or officers as a result
of any defect or dangerous condition of any real property,
structures, facilities, tools, vehicles, equipment, machinery,
materials, personal property or other items supplied or
contributed for the use of VEPO by itself or any other VEPO
Participant. The right to indemnification shall not be barred by
the passive negligence of the VEPO Participant which supplies or
contributes the real or personal property for use by VEPO,
including, but not limited to, the failure to warn of or take
action to correct any defect or dangerous condition if the defect
or dangerous condition was not the result of active negligence on
the part of that VERO Participant or its agents, employees or
officers.
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4. COVENANT TO INDEMNIFY OTHER PARTICIPANTS AGAINST CLAIMS
BY THIRD PARTIES
Each VEPO Participant agrees to assume the entire risk of
loss and to indemnify and hold each of the remaining VEPO
Participants harmless from any and all claims, demands,
liabilities, costs and damages (including reasonable attorneys'
fees and costs of defense) for personal injury or property damage
incurred by any third person, or. entity, not a party to this
Agreement as a result of any defect or dangerous condition of any
real property, structures, facilities, tools, vehicles,
equipment, machinery, materials, personal property or other
items, Supplied or contributed for the use of VEPO by that VEPO
Participant.
5. COVENANT TO INDEMNIFY OTHER PARTICIPANTS FOR ACTS OF
OFFICERS AND EMPLOYEES
Except as provided in Paragraph 6 hereof, while carrying out
their functions and activities under the Emergency Response Plan,
each agent, employee and officer of a VEPO Participant shall
continue to act within the scope and duties of his employment or
relationship with that VEPO Participant and shall not be deemed
to be, or act in the capacity of, an agent, employee or officer
of VEPO or of any of the remaining VEPO Participants. Except as
provided in Paragraph 6 hereof, each VEPO Participant agrees to
assume the entire risk of loss and to indemnify and hold the
remaining VEPO Participants harmless from any and all claims.,
liabilities or damages for personal injury incurred by any VEPO
Participant, its officers, employees or agents or any third
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person, not a party to this Agreement as a result of the active
negligence or intentional, wilful or malicious acts of that VEPO
Participant's officers, employees, or agents while engaged in
carrying out their duties, functions or activities pursuant to
the VEPO Emergency Response Plan.
6. EMPLOYEE CLAIMS
Any employee, officer or agent of a VEPO Participant who is
acting under the direction, supervision or control of an
employee, officer or agent of another VEPO Participant pursuant
to the VEPO Emergency Response Plan shall, except as otherwise
provided under Labor Code 553600.2 through 3600.6, be considered
to be the special employee of the VEPO Participant which is
directing, supervising or controlling the activity and the
general employee of his or her regular employer while engaged in
carrying out duties, functions or activities pursuant to the VEPO
Emergency Response Plan. The special employer, if any, and
general employer, shall indemnify and hold all other VEPO
Participants harmless from any and all claims, liabilities or
damages for personal injury incurred by such officers, employees
or agents while engaged in carrying out their duties, functions
or activities pursuant to the VEPO Emergency Response Plan,
notwithstanding any passive negligence of other VEPO
Participants.
It is the intent of the parties that personnel made
available through VEPO be insured against loss or injury through
the Workers Compensation insurance of those who controlled and
directed their work through VEPO.
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7. COVENANT TO MAINTAIN INSURANCE OR SELF - INSURE
Each VEPO Participant agrees to obtain and maintain
insurance policies naming the remaining VEPO Participants as
additional insureds or participate in a self- insurance pool, or
maintain a reasonably adequate self - insurance fund as appropriate
for general liability, workers' compensation, automobile and
property owners' liability which will cover all activities,
personnel, vehicles, equipment, real property, tools, machinery
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and personal property of that VEPO Participant while engaged in
the VEPO Program. The ability to respond in damages shall be in
the following minimum amounts:
a. General Liability (including bodily injury):
$1,000,000 per occurrence.
b. Workers' Compensation: $200,000 per occurrence
C. Automobile Coverage: Compliance with Vehicle Code
Section 16430 for vehicles owned or leased by the
VEPO Participant.
d. Property Owner's Liability, if applicable:
$1,000,000 per occurrence
8. ARBITRATION
The parties to this Agreement acknowledge that in the event
of a claim for personal injury or property damage arising out of
a VEPO activity, it would probably be in the best interests of
the VEPO Participants and their insurers to submit the issue, of
which VEPO Participant or Participants has the ultimate duty to
indemnify the others, to binding arbitration and that the party
or parties determined to be ultimately responsible conduct the
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defense of the claim on behalf of the other VEPO Participant
defendants in the event of a lawsuit.
It is the intent of the parties to encourage the use of
binding arbitration to effectuate the terms of this Agreement
whenever possible. Therefore, each VEPO Participant agrees
that, as soon as possible after receiving notice of any claim
arising out of a VEPO activity, that VEPO Participant will notify
all VEPo Participants in writing of the existence of the claim
or potential claim.
Upon receipt of notice of a claim or potential claim
arising out of a VEPO activity from a claimant or another VEPO
Participant, each VEPO Participant, which is not self- insured,
will notify its insurance carrier of the existence of the claim
and of the terms of this Agreement. If the insurance carriers of
VEPO Participants and self- insured VEPO Participants agree to
submit the issue of the obligation to indemnify under this
Agreement to binding arbitration, the parties hereto agree not to
object to arbitration.
Nothing herein shall be construed as a consent or
undertaking on the part of any insured VEPO Participant to pay
all or any portion of the costs of arbitration or other costs
which it would not otherwise be obligated to pay under its
insurance policy in the absence of this Agreement.
9. EXECUTION IN COUNTERPARTS
This Agreement shall be executed by each VEPO Participant in
duplicate originals, each of which shall be considered an
original Agreement. This Agreement shall not become effective as
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to any VEPO Participant until all VEPO Participants have executed
this Agreement and have delivered an executed original to the
VEPO Coordinator who will provide each VEPO Participant with a
photocopy of all executed signature pages and a list of all
Participants. Prior to the admission of any additional agencies
to the VEPO Program, such agency shall be required to execute
this Agreement and comply with this provision.
10. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the
benefit of the original Participants and all parties who may
subsequently enter into this Agreement, and their officers,
agents, employees, successors and assigns. The names of the VEPO
Participants, all of which are signatories to this Agreement, are
and shall be set forth on the list attached hereto as Exhibit "A"
and incorporated herein by reference. Additional Participants
may be added to the list from time to time upon execution of this
Agreement and compliance with Paragraph 5 hereof. Such additions
shall automatically constitute an amendment of this Agreement
without further action by existing Participants and shall not
void or invalidate this Agreement.
11. MARS PROGRAM
It is the understanding and intention of the VEPO
Participants that the VEPO program will be coordinated with the
MARS program established by Metropolitan Water District of
Southern California and that the terms and conditions hereof
shall apply with equal force and effect to activities performed
under the MARS program.
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12. CAPTIONS
The Captions heading the
Agreement are for convenience only
limit, expand, or define the
paragraphs.
IN WITNESS WHEREOF, each of t
this instrument to be executed
official evidencing the consent of
DATED:
various paragraphs of this
and shall not be considered to
contents of the respective
ae VEPO Participants has caused
by its authorized agent or
the legislative body hereto.
MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY (MWDOC)
ATTEST: By
DATED:
ATTEST:
%0
9
kM-
0 •
VEPO PARTICIPANTS
This list constitutes a complete list of VEPO Participants.
Municipal Water District of Orange County
Coastal Municipal Water District
Orange County Water District
Capistrano Valley Water District
City of Anaheim
City of Buena Park
City of Brea
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of La Habra
City of La Palma
City of Newport Beach
City of Orange
City of Santa Ana
City of Seal Beach
City of Westminster
Fast Orange County Water District
El Toro Water District
Irvine Ranch Water District
Laguna Beach County Water District
Los Alisos Water District
Mesa Consolidated Water District
Moulton Niguel Water District
Trabuco Canyon Water District
Santa Margarita Water District
Santiago County Water District
Serrano Irrigation District
Southern California Water Company
South Coast County Water District
Tri- Cities Municipal Water District
Yorba Linda Water District
EXHIBIT "A"