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MUTUAL AID AGREEMENT BETWEEN THE CITY OF MONROVIA,
THE CITY OF SIERRA MADRE AND THE CITY OF ARCADIA
1. PARTIES AND DATE
This Agreement is made and entered into this day of , 2002 by and
among the City of Monrovia (hereinafter referred to as "Monrovia "), the City of Sierra Madre
(hereinafter referred to as "Monrovia ") and the City of Arcadia (hereinafter referred to as "Arcadia ").
Monrovia, Sierra Madre, and Arcadia may hereinafter individually be referred to as "Party" or
collectively as the "Parties ".
2. RECITALS
2.1 Arcadia, Monrovia, and Sierra Madre maintain as part of their public and municipal
service, organized and equipped Public Works Departments charged with the responsibility for the
care and maintenance of the facilities, equipment and infrastructure services within their respective
jurisdictions.
2.2 Each Party has certain equipment and personnel under its management and control
which may be available to assist the other Parties in the event of a natural or man -made disaster
which would affect the services provided by each agency to its customers and constituents.
2.3 The Parties acknowledge and agree that each Party's response to a request for
assistance may be delayed or denied pending an existing emergency or other demand on its
equipment or manpower within its jurisdiction.
2.4 The Parties are authorized to enter into mutual aid agreements pursuant to the
California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et. seq. )
of the California Government Code and specifically Article 14 (Section 8630 et. seq.) of the Act.
3. TERMS
3.1 Mutual Response In the event of a natural or man -made disaster which will disrupt
or damage the ability of any Party to continue to serve the public or its customers, the other Parties
will cooperate to the maximum extent reasonably possible, as determined in its discretion, to provide
mutual aid assistance as requested.
3.2 Limitations on Response Each Party's obligation hereunder shall be expressly
contingent upon its manpower and equipment availability, as determined by each responding Party in
its sole and absolute discretion. Each Party's response within the jurisdictional limits of another
Party shall not, to the extent reasonably possible, interfere with the responding Party's responsibility
or ability to respond to emergencies or other calls within its own jurisdictional area. EachParty shall
endeavor to notify the other Parties in advance when it knows that its equipment or manpower will
not be available to respond within the jurisdictional limits of the other Parties.
3.3 Natural or Man -Made Disaster Defined In the context of this Agreement, "natural or
man -made disaster" shall mean a situation or set of circumstances in which property damage or
personal injury has occurred or is likely to occur, the occurrence of which will disrupt the services
provided by any Party.
3.4 Specification of Equipment and Manpower
3.4.1 Each Party shall provide the name(s), address(es), telephone number(s) and
title(s) of the responsible employee(s) authorized to request or respond to
requests for mutual aid assistance on or before thirty (30) days from the date
of this Agreement. Only employees of each respective Party are eligible. No
contract workers shall be assigned.
3.4.2 The Party requesting assistance shall specify the type and duration of
equipment and manpower assistance required.
3.4.3 The Party responding to the request shall designate the person responsible for
the direction and supervision of the personnel and equipment provided to the
requesting Party, and the requesting Party shall direct the disposition and
utilization of personnel, equipment and materials furnished in response to
such request only through the person so designated.
3.4.4 The personnel, equipment and materials furnished in response to the request
for mutual aid shall be released by the requesting Party when no longer
needed or when the responding Party requires return.
3.5 Policies and Procedures The specific details of the services to be provided by each
Party under this Agreement, as well as the general operational policies and procedures which may be
necessary to effectuate this Agreement, shall be as determined by each Party's respective Public
Works Department Heads. Said Parties shall meet at least annually for the purpose of considering
revisions to these policies and procedures. Each Party agrees to work closely with the others in the
performance of this Agreement, to be available to each other at all reasonable times and to take all
further actions necessary and reasonable to implement the full intent of this Agreement.
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3.6 Insurance
3.6.1 Workers' Compensation Arcadia, Monrovia, and Sierra Madre shall each
maintain Workers' Compensation Insurance or self - insurance for their own employees without cost
to the other Parties. In the event that an employee of a responding Party pursues a workers'
compensation claim for an incident which occurred while responding in the jurisdictional limits of
another Party pursuant to this Agreement, the Parties understand, acknowledge and agree that the
responding Party, rather than the requesting Party, shall be responsible and liable to process, defend
and /or pay the claim as necessary. Each Party shall defend, indemnify and hold harmless, pursuant
to Section 3.10 below, the other Parties with respect to workers' compensation claims filed by their
own employees.
3.6.2 Additional Insurance Each Party shall provide its own insurance or self -
insurance for its own apparatus, equipment and employees, including general liability insurance and
automobile insurance.
3.7 Independent Contractor Status Arcadia, Monrovia, and Sierra Madre shall pay all
wages, salaries, and other amounts due to their own personnel in connection with any and all services
under this Agreement, as well as that which may be required by law. Each Party shall be responsible
for all reports and obligations respecting their own personnel, including, but not limited to, social
security taxes, income tax withholding, unemployment insurance, benefits and workers'
compensation insurance. Employees or agents of one Party shall not be deemed employees of the
others for any purpose.
3.8 Compensation No payment shall be made between the Parties as compensation for
any services performed pursuant to this Agreement. Should the requesting Party pursue cost
recovery, as allowed by applicable law, then that Party shall bill on behalf of the responding Parry for
all reimbursable costs and expenses incurred in responding to the incident, and shall pay such funds
directly to the responding Parry upon receipt. All fees, expenses and other costs related to such
reimbursement collection and enforcement shall be borne solely by the requesting Party. The
requesting Party shall endeavor to seek such reimbursement in each case legally possible. Each Party
shall also be reimbursed pursuant to any false alarm ordinance the requesting Party may have in
place now or in the future.
3.9 Investigations The requesting Party will maintain its responsibility for all necessary
investigations, including primary cause and origin.
3.10 Indemnification Pursuant to California Government Code Section 895 et seq., each
Party agrees to defend, indemnify and hold the other Parties and their elected officials, officers,
employees, contractors, volunteers and agents mutually free and harmless from any and all claims,
demands, causes of action, costs, expenses, losses, damages, injuries or liabilities, including
wrongful death and attorney's fees, arising from their own performance of this Agreement, except to
the extent that such liability is caused by the negligence of the other Parties.
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3.11 Representatives Arcadia, Monrovia, and Sierra Madre hereby designate their
respective Public Work Department Heads, or their designees, to act as their representatives for the
performance of this Agreement. Each representative shall have the power to act on behalf of their
respective Party for all purposes under this Agreement.
3.12 Term This Agreement shall be effective as of the day and year hereinabove first
written, and shall continue until terminated by either Party by giving thirty (30) days notice, in
writing, to the other Party.
3.13 Notices All notices permitted or required under this Agreement shall be given to the
respective Parties at the following address, or at such other address as the respective Parties may
provide in writing for this purpose:
Monrovia:
Monrovia Public Works Department
415 S. Ivy Avenue
Monrovia, CA 91016
Attn: David Fike
Sierra Madre:
Sierra Madre Public Works Department
232 W. Sierra Madre Blvd.
Sierra Madre, CA 91024
Attn: Bruce Inman
Arcadia:
Arcadia Public Works Department
11800 Goldring Road
Arcadia, CA 91006
Attn: Pat Malloy
Any notice required to be given hereunder to any Party shall be given by personal delivery or by
depositing such notice in the U.S. mail to the address listed with first class postage pre -paid. Such
notice shall be deemed made when personally delivered or when mailed. Actual notice shall be
deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.14 Third Party Rights Arcadia, Monrovia, and Sierra Madre agree that the provisions of
this Agreement are not intended to create or clarify any rights in third parties not a party to this
Agreement. In addition, no third party shall have any right of action hereunder. This Agreement
shall not be enforceable by any parties other than Arcadia, Monrovia, and Sierra Madre.
3.15 Privileges and Immunities All privileges and immunities of Arcadia, Monrovia, and
Sierra Madre provided by state or federal law shall remain in full force and effect.
3.16 Attorneys Fees If any Party commences an action against another Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party
in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees
and all other costs of such action.
3.17 Entire Agreement This Agreement contains the entire Agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a writing signed by all Parties.
3.18 Governing Law This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.19 Successors and Assigns This Agreement shall be binding on the successors and
assigns of the Parties, and shall not be assigned by either Party without the prior written consent of
the other.
3.20 Counterparts This Agreement may be executed in counterparts, each of which shall
constitute an original.
3.21 Severability In the event that any provision or portion of this Agreement is
determined by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision or portion shall be severable from this Agreement, Such invalidity, illegality or
unenforceability shall not be construed to have any effect on the validity, legality or enforceability of
the remaining provisions or portions of this Agreement.
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CITY OF ARCADIA
By WN vq
City Manager
Dated: IMI , 2002
ATTEST:
By:
;.City Clerk
APPROVED AS TO FORM:
By: �u � 4 r \
City Attorney
CITY OF MONROVIA
City Manager ,I-
Dated: 12 — , 2002
ATTES
By:
City Clerk
APPROVED A O
By:
City orney
CITY OF SIERRA MADRE
By dn'W
City Manager
Dated: / S� , 2002
ATTEST:
B
City Cle c
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