HomeMy WebLinkAbout07/17/1990, C-3 - PUBLIC WORKS MUTUAL AID AGREEMENT ���h�11H�IViIIIIIIII�I� ��IIICity of San WIS OBISPO Jud"�19A i990
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: David F . Romero, Public Works Director
PREPARED BY: David P. Pierce, Projects Manager
SUBJECT: Public Works Mutual Aid Agreement
CAO RECOMMENDATION: By motion: a) Approve and authorize the Mayor to
execute a Mutual Aid Agreement with Los Angeles
and Orange Counties as initial signatories and
with provisions for other cities, counties , and
state agencies to become parties to the
Agreement ; b) Designate the Public Works
Director as Coordinator for the City of San Luis
Obispo.
DISCUSSION:
Los Angeles County and Orange County Public Works Departments, working
with representatives of other County and City Public Works Departments,
the State Office of Emergency Services, the American Public Works
Association, the League of California Cities, and the County
Supervisors Association of California developed a formal agreement for
rendering Public Works Mutual Aid in disasters. Los Angeles and Orange
Counties became the initial signatories to the Agreement . San Luis
Obispo County has become a subsequent signatory, and it is anticipated
that all the counties and many of the cities will also become parties
to the Agreement .
This Agreement was developed in response to the need for a formal
agreement to provide assistance in the public works disciplines which
are heavily involved in major disasters. Because the need for Public
Works Mutual Aid is infrequent , the Agreement provides that services
shall be reimbursed by the agency requesting aid.
The Agreement is intended to be used only in major disasters when the
available resources of any one city or county are not adequate to cope
with the disaster and outside public works resources are required.
While the Agreement is aimed at a catastrophic disaster such as a major
earthquake, it could be used for any disaster such as a flood.
The basic provisions in the Agreement are:
a) The rendering of mutual aid by any party is strictly voluntary so
that the resources of the assisting party are not unreasonably
depleted by the rendering of aid;
b) The aid provided by a party would be fully reimbursed by the party
receiving the aid. (In a major disaster, most of this cost is
likely to be reimbursed by the state and federal governments . )
��� ► ►�hu(�p� u� Ill city of San IL OBispo
W111i COUNCIL AGENDA REPORT
Public Works Mutual Aid Agreement
Page 2
Each party to the Agreement shall designate a coordinator 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. The
Coordinator for the City of San Luis Obispo should be the Public Works
Director.
FISCAL IMPACT:
The Agreement will obligate the City to pay the full cost of any aid
that is received. The amount of aid received depends on the magnitude
of the disaster and the amount of aid requested. In the type of major
disaster under which this Agreement would be utilized, the state and
federal government are expected to reimburse the local agency for most
of the costs of the Public Works Mutual Aid received.
I
I
Attachment: Agreement for signature
APPROVED:
Date :
City Ad inistrative Officer (�
0404 4�
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t tt?frney Fina ce Director
Public Works Director Utilit a Directo
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ORIGINAL
PUBLIC WORKS MUTUAL AID AGREEMENT
CThis 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:
C1. 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,
storn,•.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,
C;. Name, Address and Phone Number, and if said Coordinator changes, the
other parties of the Agreement shall be notified in writing as soon as h7
practical after the appointment has been made through the Agreement
Coordinator designated in Paragraph 18 hereinafter.
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-
bil ty, 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 irmediately upon its execution and shall
Cremain 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.
C16. This Agreement in no way acts to abrogate or waive any immunity 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 Representat.ives 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 — e 119<'�
Larry J. Monteith OS ANGELES COUNTY
Executive Officer-Clerk of
the Board of Supervisors
•.:r.
�FOPRIN
BY
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. 7
BY ( J a'b . BY
d/✓
LINDA D. RUTH JPO 9 ��-� CHAIRMAN, BOARD OF SUPERVISORS
CLERK OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA '"
APPROVED AS TO FORM T F
) 1
DeWitt W. C1 i;nton BOARD OF SU?cRv;;ORS
County Counsel COUNTY OFWi1,.;�EE
3 OCT ;3 1 '989
BY r�
PRINCIPAL DEPUTY _
APPROVED AS TO FORM: wRRrJ.Mu:reiLH `
ADRIAN KUYPER, COUNTY COUNSEL EXECUTIVE OFFICER
ORANGE COUNTY, CALIFORNIA
By: C i?�,
Deputy
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