1991-0319_CALIF, STATE OF_Mutual Aid AgreementORIGINAL
"PUBLIC WORKS MUTUAL AID AGREEMES City Copy
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
own resources, facilit
WHEREAS, such an
Services Act set forth
of the Government Code
of the Act.
should be in a position of depleting unreasonably its
les, or services providing such mutual aid; and
agreement is in accord with the California Emergency
In Title 2, Division 1, Chapter 7 (Section 8550 et seq.)
and specifically with Article 14 (Section 8630 et seq.)
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
practical after the appointment has been made through the Agreement
Coordinator designated in Paragraph 18 hereinafter.
3. When a Local Aency has been proclaimed by Ay'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.
S. 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.
10. Agreement sha*take effect immediately upon 0 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 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 Representatives to ail
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'thclt 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
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. RUTH dAM g
CLERK OF THE BOARD OF SUP VISORS
OF ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FORM
DeWitt W. Clinton
County Counsel
PRINCIPAL
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
� � n
By:
Deputy
R-MCPW
ORANGE COUNTY
BY !V v''
HAIRMAN, BOARD OF SUPERVISORS
d
BOARC OF -U EPl"";RS
41 j i
iS8S
LARRY J. MUry rkILS
0=unvE OFFICER
PUBLIC WORKS MUTUAL A*AGREEMENT •
NO. 62170
ADDITIONAL PARTIES TO AGREEMENT
CITY OF SAN JUAN CAPISTRANO
IN WITNESS THEREOF, the parties hereto have executed this
Agreement by their duly authorized officers on the dates hereinafter
indicated.
BY:
X: (� /k"
KENNETH E. FRIESS, MAYOR
CITY OF SAN JUAN CAPISTRANO
DATE: March 19, 1991
ATTEST:
BY: &,ZA _ �j %
CERYL JOHN , CITY CLERK
CITY OF SAN JUAN CAPISTRANO
DATE: March 19, 1991