HomeMy WebLinkAboutPublic Works Mutual Aid Agreement PUBLIC WORKS MUTUAL AID AGREEMENT
Public Works Mutual Aid Agreement
1TY OF
0b MARY B. YOUNG
5V2e4:244Z, ei!
MAYOR PRO TEMPORE
240 West Huntington Drive CHARLES E. GILB
CITY
A
ARCDIA 411, Arcadia, California 91007 ROBERT C. HARBICHT
° (818)574-5400 DENNIS A. LOJESKI
f�b� �o� COUNCILMEMBERS
ORt'ORATE9-
GEORGE J. WATTS ROGER CHANDLER JUNE D. ALFORD
CITY MANAGER MAYOR CITY CLERK
March 12, 1990
Mr. Donald Y. Milne, Deputy Director
Los Angeles County Department of Public Works
900 South Fremont Avenue
Alhambra, California 91803-1331
Dear Mr. Milne:
Re: Public Works Mutual Aid Agreement
The Arcadia City Council at its Regular Meeting ,of March 6, 1990,
approved the enclosed Public Works Mutual Aid Agreement to provide
and receive public works assistance in event of a disaster. On
said date of approval the City Council further authorized the Mayor
to execute a duplicate copy of said agreement on behalf of the City
of Arcadia and return same to the County Department of Public
Works.
A Certification of the Minute Motion is attached also.
Very truly yours,
une D. Alf
City Clerk
JDA:mr
Enclosure
cc: City of Arcadia, Director of Public Works
• $CFDI '414V *NO
r s,
4 ,,,,,,,,,,L,,,,, MARY B.YOUNG
MAYOR PRO TEMPORE
ir- 240 West Huntington Drive CHARLES E. GILB
:- ••.ys-v-� Arcadia, California 91006-3104 ROBERT C. HARBICHT
tidi ..i (818)5
� " ,�_�. .. � ( ) 74-5400 DENNIS A. LOJESKI
COUNCIL MEMBERS
GEORGE J.WATTS ROGER CHANDLER JUNE D.ALFORD
CITY MANAGER MAYOR CITY CLERK
CERTIFICATION
I, June D. Alford, the duly elected, qualified and acting City Clerk
of the City of Arcadia, California, do hereby CERTIFY that the
following is a full, true and correct copy of a MINUTE MOTION
adopted by the Arcadia City Council at the Regular City Council
meeting held on March 6, 1990.
"It was MOVED by Councilmember Young, seconded by
Councilmember Harbicht and CARRIED on roll call vote as
follows that the Public Works Mutual Aid Agreement be
APPROVED; the Mayor AUTHORIZED to sign a duplicate copy
of the Agreement in a form approved by the City
Attorney; and DIRECT the City Clerk td forward said
signed copy to the Los Angeles County Department of
Public Works for their records."
AYES: Councilmembers Gilb, Harbicht, Lojeski,
Young and Chandler
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL
OF THE CITY OF ARCADIA THIS 12TH DAY OF MARCH, 1990.
AD e27y3)
June D. Alford
City Clerk
City of Arcadia, California
ORIGINAL
*41110, *41100
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.)
of the Government Code and specifically with Article 14 (Section 8630 et 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:
a. "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.
b. "Local Emergency" shall mean the actual or threatened existence of
conditions of disaster or extreme peril to the safety of persons or
property within the territorial limits of one 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 if said Coordinator changes, the
other parties of the Agreement shall be notified in writing as soon as ND
practical after the appointment has been made through the Agreement ,...�
Coordinator designated in Paragraph 18 hereinafter.
4411110e *41110
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 shall 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 occurrence and 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 the
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.
7. The requesting party agrees to pay all direct, indirect, administra-
tive and contracted costs of assisting party incurred 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 after receipt 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.
fte 11110
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 of or 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 on
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 impunity available
under the Tort Claims Act.
17. Initial signatories to this Agreement are:
Los Angeles County
Orange County
18. The County of Los Angeles shall act as the initial Agreement coordinator
of this 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 that 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. Montei l h ``t:, ' °'`'J * • OS ANGELES COUNTY
Executive Officer-Clerk of`'\• y sY '� •�
the Board of Supervisors \ r +J
GRNta
2, #-40 _, BY ,11
DEPUTY CHAIRMAN, BOARD OF SUPERVISORS
ATTEST
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO ORANGE COUNTY
THE CHAIRMAN OF THE BOARD. •
BY A ,c&'tt1;4 BY 4
LINDA D. RUTH JA g CHAIRMAN, BOARD OF SUPERVISORS
CLERK OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA 9t,
APPROVED AS TO FORM '' ' is
DeWitt W. Clinton
�.:.
ra
County Counsel BOAR. U 3i,'?ET+•: "
ccum,r Ci'i_Cs t.
A 3 ;:
OCT .; i 1989
BY _
PRIN IP'L I PUT
\\` _
•
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL uRRV, tiw�.,rer ti
E7CLCUTIYE OFFICER
ORANGE COUNTY, CALIFORNIA
BY:
.c�—C�_i` L l ret/t_LZ-,
Deputy
kr 3 t G stri
R-MCPW
4
PUBLIC WORKS MUTUAL AID AGREEMENT
In Witness Thereof, this Multi-County Public Works Mutual Aid Agreement
has been executed and approved by the City of Arcadia and is effective and
operative as to each of the parties as herein provided.
Executed this 12th day of March , 1990, at Arcadia
California .
CITY OF ARCADIA
By:
4"" „'
Title: Maynr of the City of Arcadia
Approved as to Form: Attest:
)/11t-Clettij ?fill;
City Attorney Ci `Clerk
•