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Resolution No. 70731 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF THE MULTI -COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, the Counties of Los Angeles, Orange, San Luis Obispo and Santa Barbara, and numerous cities within said Counties, are parties to a multi -county public works mutual aid agreement, first executed in 1989; and WHEREAS, said Agreement provides that the parties shall send emergency personnel, equipment and facility assistance to each other in time of local emergency; and WHEREAS, the Emergency Services Act of the State of California (Gov. Code § 8550, et sea.) and in particular Gov. Code § 8631 provides that in periods of local emergency, cities and counties have full power to provide mutual aid to any affected area in accordance to local ordinances, resolutions, emergency plans or agreements therefor; and WHEREAS, it is in the interest of the public health, safety and welfare of the City of Vernon that the City become a party to said Agreement; and WHEREAS, paragraph 19 of the Agreement provides that the 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 the same to a designated official of the County of Los Angeles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained Ihereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Public Works Mutual Aid Agreement, a copy of which has been presented to the City Council concurrently with this resolution, and the City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3: The City Council hereby authorizes the City Administrator to designate a "coordinator" as defined in Section 1(a) of the Agreement to act on the City's behalf on all matters relative to mutual aid under said Agreement, including requests, responses and reimbursement. In the absence of such designation, the City Administrator shall be the coordinator. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor and City Clerk to execute a duplicate copy of said Agreement for, and on behalf of, the City of Vernon, in the manner specified in the Agreement. SECTION 5: The City Council hereby directs the City Clerk to send the duplicate copy of the Agreement to the County of Los Angeles, Department of Public Works, addressed as follows: Los Angeles County Department of Public Works Attention: Disaster Services Coordinator 900 South Fremont Avenue Alhambra, CA 91803-1331 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 27th day of January, 1998 LEONIS C. BURG, Mayor ATTEST• BRUCE V. MALKENHORST, City Clerk -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7073 was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, January 27, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk -4- • Cllfi1t/ COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX: (213) 581-7924 CITY HALL 4305 SAWA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 583-8811 January 15, 1998 City Council City of Vernon Honorable Members: DAVID B. BREARLEY City Attorney FAX: (818) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (213) 588-2761 KENNETH J. DeDARIO Director of Light & Power FAX: (213) 583-1983 DAVE TELFORD Fire Chief FAX: (213) 581-1385 LOUIS ROSENKRANTZ Police Chief FAX: (213) 581-1178 Transmitted herewith is the Multi -County Public Works Mutual Aid Agreement. This agreement is similar to the Mutual Aid agreements that exist between Fire Service and Law Enforcement agencies throughout the State. Under this agreement, Vernon may be able to receive public works assistance from other cities and counties in southern California while at the same time being able to provide assistance in those cities/counties. When a local emergency has been declared by Vernon's governing body or authorized official, the designated coordinator may request assistance. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of assisting party incurred as a result of providing assistance pursuant to this agreement based on standard rates and shall be made within sixty days after receipt of a detailed invoice. All but three cities in Los Angeles County have approved this agreement. This has been reviewed by the Director of Community Services & Water and is hereby recommended that we approve the attached agreement. Very truly yours, Bruce V. Malkenhorst City Clerk BVM/mm enclosures M I Lik December 23, 1997 TO: Gloria Orosco, Chief Deputy City Clerk FROM: Chris Romero, Administrative Aide O)q j2 SUBJECT: L. A. COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT At the direction of Kevin Wilson, we contacted County of Los Angeles Department of Public Works for inquiry of the Multi -County Public Works Mutual Aid Agreement. This agreement is similar to the Mutual Aid agreements that exist between Fire Service and Law Enforcement agencies throughout the State. Under this agreement, Vernon may be able to receive public works assistance from other Cities and Counties in Southern California while at the same time being able to provide assistance to those Cities/Counties . When a Local emergency has been declared by Vernon's governing body or authorized official, the designated coordinator may request assistance. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of assisting party incurred as a result of providing assistance pursuant to this agreement, based on standard rates and shall be made within sixty days after receipt of a detailed invoice. All but three cities in Los Angeles County have approved this agreement. With the beginning of "El Nino", attached agreement at the next apt If you have any questions, please do not hesitate to let me know. CC: K.Wilson ` COUNTY OF LOS ANGELES •�t. . •• DEPARTMENT OF PUBLIC WORKS. ' "0 SOUTH FREMONT AVENUE ALHAMBRA. CALIFORNIA 91U3.1331 THOMAS A. TIDEMANSON. Dkedw T'"*«m (S:s) Iss sIM ADDRESS ALL CORRESPONDENCE TO: P.O. Box 1"I ALHAMBRA, CALIFORNIA 91302.14 0 October 19, 1989 Honorable Board of Supervisors County of Los Angeles 383 Hall of Administration 500 West Temple Street Los Angeles, California 90012 Dear Supervisors: MULTI -COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT ALL SUPERVISORIAL DISTRICTS RECOMMENDATIONS: That your Board: - 01QERTPLEASE RM-0 REfEIt TOM& ADO,PTFD 'RS COilNh 0: tL1 Vet;,); tJ 43 OCT 31 1989. �y�y✓✓ MONnI tH 1. Approve the attached Agreement for Public Works Mutual Aid between the County of Los Angeles and Orange County as initial signatories with a provision to allow other Counties, Cities and State agencies to become subsequent additional parties to the Agreement. 2. Instruct the Chairman of the Board to sign the,Agreement. Representatives of the Los Angeles County Department of Public Works have been 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 County Supervisors Association of California to deve4op a formal Mutual Aid Agreement for rendering Public Works Mutual Aid in disasters. Formal Mutual Aid Agreements already exist for the Fire Service, Law Enforcement and Coroner agencies throughout the State. It has been recognized that formal- ized Mutual Aid Agreements are also needed in the public works discipline which is heavily involved in major disasters. Because the need for Public Works Mutual Aid -occurs less frequently than in fire and taw enforcement, reciprocal service is less likely within any reasonable time frame so a reimbursement pro- vision has been inclmded in the attached Agreement.- The California Emergency Services Act sets forth in Title 2, Division 1, Chapter.7 (Section 8550-et seq.) of the Government Code and specifically Article 14 (Section 8630 et seq.) of the Act the basis for Public Works Mutual Aid Agreements- authorization. • Honorable Board of Supervisors Page2 October 191`1989 The attached Agreement is between Los Angeles County and Orange.County as initial. signatories. However, it has been endorsed by representatives of�all of the Southern California Counties and the Region I State Office of Emergency Services and those agencies are expected to approve and also become signatories as provided under the terms of the Agreement. It is anticipated that many of the cities in these counties will also become parties to the Agreement. The Agreement is intended to be used only in major disasters when the; available resources of any ;one County are not adequate to cope with the disaster and out- side public works resources are required. It is anticipated that in such a case, a.Local Emergency will have been declared and a State of Emergency will probably be requested. While the Agreement is primarily aimed at a catastrophic disaster such as a major earthquake, it could be used ­for any disaster such as a major flood. The basic provisions of the Agreement are, that rendering of mutual aid by any party is strictiy voluntary so that the resources of the assisting - party are not unreasonably.depleted by the rendering of such aid. The aid pro- vided 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). The approval of this Agreement will be a major step in developing critical assistance to save lives and protect property of the citizens of this,County and its Cities by..allowing us to receive public works assistance from other Countl,es and Cities in Southern California and allowing us to`provide assistance to them so they cin'do`the same. Attached are three copies of the Agreement which have been reviewed and approved as to form by County Counsel. Upon approval, please return ,the two_copies,marked "ORIGINAL$'to this Department for processing together with four:,approved copies of this letter. The`County'File Copy is for your files until the'fully executed County's Copy is returned to you. -at which time the County File Copy. should be conformed and forwarded.to the Auditor -Controller. Respectfully submitted, T. A. TIDENAN N i irector/of ublic Works KEW:ad/8-8LAI0 Attach. cc:- CAD (Disaster Services) ORIGINAL PUBLIC WORKS MUTUAL AID AGREEMENT This Mutual Aid Agreement ("Agreement") is made and entered into by those parties who have adopted and signed this Agreement. WHEREAS, the California OfficeofEmergency 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. NOV, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. 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, a, 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. C BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES January 9, 1990 PUBLIC WORKS MUTUAL..AID AGREEMENT No. 62170 WITH LOS ANGELES`COUNTY: Environmental Management Agency requests approval "of agreement for Public'Works Mutual Aid. •MOTION: .On motion by Supervisor Vasquez,, seconded by°Supervisor Roth,' the Board moved to: 1. Authorize execution of Mutual Aid Agreement No..62170 with Los, Angeles County as initial signator with provision for other,count.403,, cities and State Agencies,: to become�subsequenty additional. :parties. 2. Designate Environmental�Management=Agency Public Works Operations Manager as Coordinator for Orange County. MOTION UNANIMOUSLY CARRIED. a. k. l 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 promptlyadvise 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. 'Requestino'.party shall be responsible for the safekeeping of the resources provided by the 'assisting party. Requesting Coordinator shallzremiin 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. 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,,ar13e;out oUor inconsequence 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 shall take effect immediately upon 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 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 Larry J. Monteilh Executive Officer -Clerk of the Board of Supervisors \ ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY Olt . LINDA D. RUTH fA !t rr.•� CLERK OF THE BOARD OF SUPE) VISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton County -Counsel BY ' PRIN PC DEPUT APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA yQ � By �Gt,�-it L1 • i�l�.,� Deputy A.eV aI� t R-MCPW ANGELES COUNTY BY L.r✓ /� HAIRMAN, BOARD OF SUPERVISORS ORANGE COUNTY DY HAIRMAN, BOARD OF SUPERVISOR Z UBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 ADDITIONAL PARTIES TO AGREEMENT Ve e'er" 3 CITY OF ARTESIA IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. BY: -- MAYOR CITY OF A*TE-S+A WCM � DATE: March 13, 1990 ATTEST: NIEL, CITY/CLERK CITY OF AAifM d� Q,,,Jb J f SAM DATE: 2r,.h 15, , oon >la d 4`5 A� e LoC'/r C 44 t o. 47,Ve l 'Orr e .1grccM&OZ Fubiic worxs Mutual Aid Agreement No. 62170 ADDITIONAL PARTIES TO AGREEMENT San _a Ra rha ra County IN WITNESS THEREOF, the paties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. COUNTY OF SANTA BARBARA By: THOMAS A. ROGER Chairman, Board Supervisors ATTEST: ZANDRA CHOLMONDELEY BOARD OF DIRECTORS, FLOOD CONTROL CLERK OF TIME BOARD DISTRICT By: lAtt�=� By: Deputy Chairman APPROVED AS TO FORM: DAVID NAWI DEPARTMENT OF RISK MANAGEMENT COUNTY COUNSEL CHARLES A. MITCHELL By: By: ss0521wl 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_THEREOFV-the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. ATTEST ; Larry J. Monteilh Executive Officer -Clerk of; the Board.of Supervisors ATTEST - SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUKaTT HAS BEEN DELIVERED TO THE : CHAIR24AN OF THE BOARD. BY , LINDA D. RUTH JAN CLERK OF THE BOARD OF SUPERVISORS OF ORANG£'COUNTY, CALIFORNIA APPROVED AS TO FORM. Dewitt W. Clinton County Counsel BY - . PRINCIP L WEPUT APPROVED AS TO FORM: ADRIAN PUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: _ • Deput� e�t� /wY AT. -EST: Cieck c the Beam of Supervisors ANGELES COUNTY ORANGE COUNTY CHAIRMAN, BOARD OF SUPERVISORS UPW'"a Mz. S EV BQcco D Q or"M u%4 rXRS _: 4 J - OCT 3 1 1985 • 1 (L�Q�M,� �j�-.XXMuh11EX1 OXW 7 (-•L offn SA::,tclS ^?ISPO COL T" t. 71 ^AT_ <.PERSOV,; SC: In. RD O? SUPEIWISC '1 APPROVED AS TO FORM AND !•EGAL F-rFEC 1 January 19, 1998 TO: Bruce V, Malkenhorst, City Administrator FROM: Kevin Wilson, rector of Community Services SUBJECT: MULTI -COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT The Multi -County Public Works Mutual Aid Agreement is designed to allow a city the opportunity to request and receive public works assistance during a local emergency. Emergency personnel, equipment and facility assistance is available during such time. The requesting parry shall agree to pay all direct, indirect, and administration costs of assisting party and shall hold harmless, indemnify, and defend the assisting party, its officers, and employees against all liability, claims, losses or damages to property under this agreement. The City of Vernon is the only city in Los Angeles County that has not approved this agreement. This is a voluntary program and we can accept or deny pwticipation{ after approval of this agreement. A sample resolution has en prepared by the City Attorney's office. It is my recommendation that this a eement be approved. If you have any questions or need a ditional information, please let in know. /attachment �r SKWlcmr