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HomeMy WebLinkAboutC-2822 - Public Works Mutual Aid (for Major Earthquake/Disaster). • ORIGINAL C-212-2- 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 in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) ofthe Government Code and specifically with Article. 14.(Section 8630et,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: "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. "Local Emergency" shall mean the actual or threatened. existence of conditions of disaste r or extreme peril to the'safety of persons or. property within the territorial limits. of ane'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 1f 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 facil- ities are no longer required or when assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shalt 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 occurrenceand 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 they 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. The requesting party agrees to pay all direct, indirect, administra- tive and contracted costs of assisting partyincurred 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'afterreceipt 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 ofor 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 bn 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. Initialsignatories to this Agreement Los Angeles County Orange County The County of Los Angeles shall act as the initial Agreement coordinator ofthis 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 responsi- bilities to another party with the consent of that party and upon notification of the other parties to the Agreement. • • 19. All signatory parties agree-thMt 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. ATTEST Larry J. Monteith t• Executive Officer -Clerk of the Board of Supervisors DEPUTY ATTEST SIGNED AND CERTIFIED. THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO TEE:. CHAIRMAN OF THE BOARD. BY Jt>o� LINDA D. RUTH. JAN g fE`I CLERIC OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton County Counsel • PRINCIPAL DEPUT APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy R-MCPW 0S ANGELES COUNTY .BY CHAIRMAN, BOARD OF SUPERVISORS AWP� 0 BOARD OF 3UPe-R'1SORS CCUNTY GE LCs cr;c : a, v u 1 :j ' 1985 IAflRY J. MVN kn.?. IXECUTWE OFFICER • PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 ADDITIONAL PARTIES TO AGREEMENT CITY OF Newport Beach IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. BY: CITY OF Newp DATE: ATTEST: BY: i CITY OF Newport Bea4NTY/C DATE: ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS April 23, 1990 FILE Ben B. Nolan Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 PUBLIC WORKS MUTUAL AID AGREEMENT MICHAEL M. RUANE DIRECTOR, EMA WILLIAM L. ZAUN DIRECTOR OF PUBLIC WORKS LOCATION:. 12 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-2300 FAX # 834-2870 Your City recently received correspondence from the League of Cities which introduced you to the Public Works Mutual Aid Program. As Orange County EMA is the coordinator for Orange County, I would like to provide you with more detailed information about the program and the necessary documents to facilitate your participation. 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 crisscross 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 projected 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 Orange County and Los Angeles 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 expectation 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. • • -2- In a major emergency, the County would, of course, provide the full range of emergency services to cities 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. 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, please contact Bill Reiter, Manager, Public Works Operations, at (714)567-6230. Please process a duplicate copy of the attached signed Agreement to your City Council for approval. See attached sample resolution and signature page to be affixed to the agreement. Upon execution by your Council, we request that you provide a signed copy to us for our records in accordance with Paragraph 19 of the Agreement. Very trul, y W. . Z Director of Public Works WMR:wp Attachment 1. Agreement 2. Sample Signature Page