HomeMy WebLinkAboutC-2868 - Mutual Aid, Indemnification for Hazardous Materialst, r 1 HE c i-r CUUNCI,
CITY OF NEWPORT BE City Council Meeting
June 24, 1991
!UN 2 4 I 091 Agenda Item No. F -3 Y)
TO: MAYOR SANSONE AND MEMBERS OF THE CITY COUNCIL
FROM: Robert J. Dixon, Utilities Director
SUBJECT: MUTUAL AID AND INDEMNIFICATION AGREEMENT WITH
THE METROPOLITAN WATER DISTRICT FOR CHLORINE
EMERGENCY RESPONSE C _ �8Zy
Recommended action:
If desired, authorize the Mayor and City Clerk to execute a Mutual Aid and
Indemnification Agreement with the Metropolitan Water District for chlorine
emergency response.
Background:
Chlorine is the principal disinfectant used by the City of Newport Beach to insure
the safety of its drinking water supply. The chlorine is stored at Big Canyon
Reservoir. The Metropolitan Water District (MWD) also uses chlorine for
disinfection at San Joaquin Reservoir. Both facilities are staffed twenty-four hours a
day, seven days a week to provide continuous disinfection and response for chlorine
emergencies. Since the time the reservoir was placed in operation, there has never
been a chlorine emergency at Big Canyon. It is an exemplary safety record.
Recently, the Code of Federal Regulations (29 CFR 19190.120) has been revised to
strengthen the requirements regarding emergency response in the event of the
release of hazardous substances including chlorine and mandate the training
required of personnel designated as "first responders ". Newport Beach Utilities
personnel have recently completed "first responder" training. These staff will work
with the Fire Department to train its employees in chlorine response.
These regulations also impact MWD's operations at San Joaquin Reservoir. It is
proposed that the City join in a mutual aid agreement with MWD to provide back-
up response in the event of an emergency. Approval of this agreement will provide
an appropriate number of available on -site personnel to ensure the success of an
emergency response. If the agreement is not approved, it will require additional
personnel to staff both Big Canyon and San Joaquin reservoirs to meet the
requirements of the Code of Federal Regulations.
0V
0
The Utilities Committee reviewed the agreement (attached) at its meeting on June
14, 1991, and forwards it to the City Council with a recommendation for approval.
Respe�t ully submitted,
Robert J. Dixon ~
Utilities Director
C' - 2868
JUL 2 2 1991
AGREEMENT BY DIEMER PLANT
between
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
and
THE CITY OF NEWPORT BEACH
MUTUAL AID AND INDEMNIFICATION
for
Hazardous Materials /Waste Emergency Response
at San Joaquin Reservoir and Big Canyon Reservoir
This MUTUAL AID AND INDEMNIFICATION AGREEMENT is
entered into as of the date of execution by and between the Metropolitan Water
District of Southern California, hereinafter (Metropolitan) and the City of Newport
Beach, hereinafter (City).
WHEREAS, Metropolitan is responsible for the operation and
maintenance of San Joaquin Reservoir, located at 38 Ridgeline Drive in the City
of Newport Beach; and
WHEREAS, City owns and operates Big Canyon Reservoir located at
3300 Pacific View Drive in Corona del Mar; and
WHEREAS, facilities at both San Joaquin Reservoir and Big Canyon
Reservoir include chlorination stations; and
WHEREAS, San Joaquin Reservoir and Big Canyon Reservoir are
located approximately one mile (5 minutes driving time) from one another; and
WHEREAS, the Code of Federal Regulations (29 CFR 1910.120)
contains strict requirements regarding emergency response in the event of the
release of hazardous substances, including chlorine; and
WHEREAS, 29 CFR 1910.120 mandates the training required of
personnel who have been designated as "First Responders "; and
WHEREAS, in the event of a chlorine release at either reservoir
facility, the number of on -site qualified personnel able to properly respond will
be a crucial element in ensuring the success of any emergency response;
• • Mutual Aid Agreement
Hazardous Materials First Response
Page 2
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, Metropolitan and City agree as follows:
1. Each agency shall use its best efforts to provide assistance to
the other in the event of a chlorine - related emergency at either San Joaquin
Reservoir or Big Canyon Reservoir. Such aid may consist of the exchange of
qualified emergency response staff and /or such appropriate emergency
response equipment as may be available.
2. For purposes of this Agreement, Metropolitan shall assume
the role of lead agency during any emergency at San Joaquin Reservoir, and
City shall assume the role of lead agency during any emergency at Big Canyon
Reservoir.
3. The agency requesting emergency assistance shall defend,
indemnify and hold the responding agency, its directors, board, officers and
employees harmless from any claim or liability arising from injury or death of
the responding agency's employees whether or not such injury or death is
compensable under the provisions of the applicable Workers' Compensation
laws, except where such injury or death results from the sole negligence of the
responding agency or its employees.
4. The agency requesting emergency aid shall defend,
indemnify and hold harmless the responding agency, its directors, board,
officers and employees from and against any claim (including, but not limited
to, claims for personal injury or property damage) by any other person or party
arising out of the acts or omissions of the responding agency, except for any
injury, death or damage resulting from the sole negligence of the responding
agency or its employees.
5. This Agreement shall be executed by Metropolitan and City
in duplicate originals, each of which shall be considered on original
Agreement.
6. Each party understands and agrees that this Agreement
creates no enforceable obligation upon either party to respond, or to
maintain the ability to respond, in the event of a chlorine - related
emergency event. Each party specifically waives any right or action against
the other in the event that either agency is unable for any reason to respond
when requested. This agreement is terminable by either party upon written
notice to the other.
7. This Agreement does not create any right in, or confer
any right upon, any third person who is not a signatory to the
Agreement.
• Mutual Aid Agreement
Hazardous Materials First Response
Page 3
IN WITNESS WHEREOF, Metropolitan and City have caused this
instrument to be executed by an authorized agent orofficer.
Approved as to form:
By: KiU/N+ e C_I//
Fred Vendig
General Counsel
Dated: l Cq6 -9/
Approved as to form:
THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA
Carl Boronkay
General Manager
CITY OF NEWPORT BEACH
A Municipal Corporation
B___
By:
4hil Sansone
Mayor rwor _
Attest:
Fra
By: v" , o~�uo i c -C (/ By: Gf /lJyisri
Robin Flory '/7 Wanda Raggio
Assistant City a ttbrney City Clerk