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HomeMy WebLinkAboutC-1927s � d 2 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. -2- 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. -3- 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. H 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. [SIGNATURES ON NEXT PAGE] -5- 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 w CITY OF SIERRA MADRE By dn'W City Manager Dated: / S� , 2002 ATTEST: By: City Cle c ...T1,14 C