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Home My WebLink AboutPUBLIC WORKS MUTUAL AID AGREEMENT - 1991-03-18 b7l) 1,bPW 6°O•yb REQUE'b1T FOR CITY COUNCIL ACTION Date March 18, 1991 Submitted to: Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator/t fs y Gou;�GtL Prepared by: Louis F. Sandoval, Director of Public Workss�rrRovL Subject: Public Works Mutual Aid Agreement and Reso ution Approving City Participation CITY cL - Consistent with Council Policy? [X] Yes [ ] New Policy or Exception � /LcaJ � 4256 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: (STATEMENT OF ISSUE: A Public Works Mutual Aid Agreement was executed in 1989 by the Boards of Supervisors of Los Angeles County and Orange County, for the purpose of sharing personnel and equipment in times of emergencies. Participation by the City would be in line with the goal to provide for a safe community. RECOMMENDATION: 1. Approve the Agreement, and 2. Adopt Resolution No. 6.Z 56 ANALYSIS: The Public Works Mutual Aid Agreement: was the result of several agencies and associations, and provided for participation by any other qualified public agency or quasi public agency. As of January 28, 1991, eleven counties and one hundred three cities have approved the Agreement. It is considered important to the City of Huntington Beach to be a participant for the purpose of expediting assistance as may be needed during an emergency. FUNDING SOURCE: No funds are required. ALTERNATIVE ACTION: Do not approve this agreement. No 5/85 f MICHAEL 111. RUANE DIRECTOR, Ef"A WILLIAM L.ZAUN 4 V N-FY 0 F DIRECTOR OF PUBLIC WORKS 2 1 - LOCATION: - -•, 12 CIVIC CENTER PLAZA SANTA ANA,CALIFORNIA 5 3 RANGE MAILING ADDRESS: P.O.BOX 4048 ENVIRONMENTAL MANAGEMENT AGENCY SANTA ANA,CA 9270.1 PUBLIC WORKS TELEPHONE: (714) 834.2300 JAIL 2 8 1991 FAX r 834.2870 Robert Eichbiatt, City Engineer ME City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Eichblatt: The purpose of this correspondence is to update your city on the progress of the Public 'Works Mutual Aid Program in Southern California. 'We have previously sent each city background information on the program and a copy of the agreement for execution. At this time twenty (20) of the twenty-nine (29) Orange County Cities have executed the agreement. Currently your city has not chosen to execute the agreement. Enclosed for your consideration is an updated list of cities and counties in Southern California who have executed the Agreement and a sample resolution and signature -page to be affixed to the agreement. If it is your city's desire to process the agreement, we request that you provide a signed copy to us for our records in accordance with Paragraph 19 to the Agreement. I£ you have any questions regarding the Public 'Works Mutual Program, please contact me at 567-6230. Very truly, V. M. Reiter, Manager ERA Public 'Works Operations VVR:rrc R PUBLIC WORKS -MUTUAL-AID STATUS Execution Agmt/Resolution Ccunties Signed ----Received Remarks Imperial X X Kern X X Lcs Angeles X X Orange X Livers ide X X San Bernardino X , - San Luis Obispo X X San Diego X X - Santa-Barbara X X , Sutter _ X Y Ventura X X TOTAL NUMBER OF COUNTIES SIGNED = 11 Cities - Los Angeles County Agoura Hills X X Alhambra X X Arcadia- - -. X X ,... •--- Artesia - --------X- - -X . .,......--- Azusa X X Baldwin Park X X Bell X X Bell Gardens X Y Bellflower_ _ _ _ X Beverly Hills X X _ Bradbury X X Burbank X X Carson X X Cerritos X ,X Claremont X X Commerce X X Compton X ,X - — Covina X X Cu'3ahy X �X Culver City X X Diamond Bar X X Downey X X Duarte X X E_1 Monte X X E1�Seundo X _ X Gardena Glendale X X Glendora X - `.J Sawa i i al2 Gardens -_ _x_ X - Hawthorne X Y _ _- Hermosa Beac _ X ,,, _- X R Huntington Park_ X X - .. Industry _ `C- _ X Inglewood X X Irwindale .^ X X La Canada-Flintridge _� X L_a Habra Heights X _ X La Mirada 'T -- _..h --- xLa-Puente ,,. --- - X - _. --- X La Verne X_ X Lakewood _ X__ Y Lancaster X x Lomita X_ `Y Long Beach _ X X Lynwood - X X -- - -,.- --- ManhattIn Beach X x Maywood X— X Monrovia X X ontebe to X X Mon tereN Park \ X Norwalk X Y Palmdale_ X-- .._ --- X Palos Verdes Estates X X Pasadena yJT X Y Pico Rivera X Y �Pomora ,.... x .,, . -- - Y - Rancho Palos Verdes X Y Redondo Beach Y X Rollin hills X X gosemead X X San nimas X_ San Fern ando x X San—Gabriel x X Saritr� Larita X SAnta Fe Springs X Sanj4onica _ X X Sierra "padre X Soutlj—Fj q to X _ X South Gate X X South Pasadena X x Temple Cif► X X Walnut X west Covina X X West Hollywood X X Westlake village x _ -- X _ Whittier X X TOTAL NUMBER OF L.A. COUNTY CITIES SIGNED = 77 U Cities -- Oranize County Anaheim X X Brea -- X- ---- ,,,X. Buena Parr X x _ Costa Mesa X X Cypress X x Lana Point X X Fountain Valley ? X Fullerton Garden Grove X _ Y :— Hunin to Beach Irvine-- - X-- - x _-- - _-- -- La una Beach Y x LastunaNiguel - __ X _La Palma ._ ... -- .... -- La Habra Los-►iamitos Mission Viejo X X Newport Beach X _ x Qran .e X X Placentia X x Snn Juan Ca istrano San Clemente Santa Ana x x Seal Beach Stanton - _ _. x Tu.st in Villa Park X _ Westminister Y Yorba Linda Y T—TAL NUMBER OF ORANGE COUNTY CITIES SIG:,'ED = 20 Cities - San Luis Q_bqpo Cou_ ntv Arroyo Grande R X Grover City _ x _ \ ,Marro Bay= - X - _ X Pismo-Beach x x Cities - Ventura County Camarillo Y _ x _.__ .. . O jai X x Others San Gabriel Water Co. Y TOTAL NUMBER OF CITIES SIGNED = 103 TOTAL NUMBER OF OTHERS SIGNED = 1 GRAND TOTAL = 104 PUBLIC WORKS :MUTUAL AID ROOSTER CITY COORDINATOR PHONE NUMBER Anaheim Gary Johnson (714 ) 999-5100 Brea John Oliver ( 714 ) 990-7600 Buena Park Donald Kemp ( 714 ) 521-9900 Costa Mesa W. Morris ( 714 ) 754-5343 Cypress Robert F. Beardsley ( 714 ) 229-6700 Dana Point Gary Dysart (714 ) 248-3560 Fountain Valley Wayne Osborn ( 714 ) 965-4434 Garden Grove Frank A. Shuma (714 ) 741-5000 Irvine William Zane ( 714 ) 724-7662 Laguna Beheh Terry Brandt ( 714 ) 497-3311 Laguna Niguel Roy Stephenson ( 714 ) 643-1622 Mission Viejo Dennis Wilber; ( 714 ) 582-CITY Newport Beach Ben B. Nolan ( 714 ) 644-3017 Orange Frank Page ( 714 ) 532-0341 Placentia Robert Hodson ( 7114 ) 993-8117 Santa Ana James G. Ross ( 714 ) 647-5400 Stanton Jeanne Peck ( 714 ) 220-2220 Villa Park Ron Hagler• ( 714 ) 998-1500 Westminster Don Vestal (714 ) 898-3311 Yorba Linda Roy Stephenson ( 714 ) 961-7100 - ORIGINAL PUBLIC WORKS MUTUAL AID AGA4ENT 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 Iva 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,. flre, 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 ccordination 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 I� practical after the appointment has been-made through the Agreement Coordinator designated in Paragraph 18 hereinafter. C 3. When a LocA4mergency has been proclaimed Yparty'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. B. 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 (NOAA) 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 s� 11 take effect immediately upAir)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 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. 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'thit 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. OF to. ATTEST Larry J. Montei l h `�; 'r ~ + OS ANGELES COUNTY Executive Officer-Clerk of # ' the Board of. Supervisors By DEPUTY CHAIRMAN, BOARD OF SUPERVISORS ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DC�CUMENT HAS BEEN DELIVERED TO ORANGE COUNTY THE . CHAIRMAN OF THE BOARD. By c�_ .q�� •B Y � //•��1``�`�'`� LINDA D. RUTH JAq 9 CHAIRMAN, BOARD OF SUPERVISORS CLERK OF THE BOARD OF SUPERVISORS " OF ORANGE COU,%-TY CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton '- n.j , w. County Counsel CCUN- e3 u u 1989 . B Y,C�/�.. 0 I •i I PRINCIPAL DEFUTY _ APPROVED AS TO FORM: uamA+Aunreiu, ' ADRIAN {UYPER, COUNTY COUNSEL [xE;.ME 0FnCEA ORANGE COUNTY, CALIFORNIA Deputy R-MCPW PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 ADDITIONAL PARTIES TO AGREEMENT CITY OF Zy. A,n -j h I.Pq-Ch IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. BY: — CIT OF .Hun f-iny 40/0 MAYOR 6.p a e•, DATE: 3 — /P -9/ ATTEST: BY: CITY OF Rowti; 16 v CITY/CLE DATE: A? �}/