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.
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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.
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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.
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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