Resolution No. 098481 RESOLUTION NO. 9848
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
4 MEMORANDUM OF UNDERSTANDING REGARDING HAZARDOUS
MATERIALS INCIDENTS BY AND BETWEEN THE CITY OF
5 VERNON AND THE CITIES OF LONG BEACH AND SANTA FE
6 SPRINGS
7 WHEREAS, on August 16, 2006, the City Council of the City of
8 Vernon adopted Resolution No. 9108 approving a Mutual Aid Agreement
9 for Exchange of Fire, Rescue and Emergency Medical Services between
10 Area E Cities (Compton, Downey, Montebello, La Habra Heights, Santa Fe
11 Springs and Vernon) and the City of Long Beach; and
12 WHEREAS, the Fire Chiefs of the Area E Cities and Long Beach
13 have finalized the general parameters of a memorandum of understanding
14 to provide emergency response to hazardous materials incidents within
15 the boundaries of the Area E Cities and the City of Long Beach by
16 trained staff and equipment from each city; and
17 WHEREAS, in order to meet the urgent need for the
18 coordination of services and equipment, the Fire Chief executed a
19 Memorandum of Understanding Regarding Hazardous Materials Incidents
20 (the "MOU") with the Cities of Santa Fe Springs and Long Beach on
21 December 23, 2008, subject to ratification of the City Council of the
22 City of Vernon; and
23 WHEREAS, the City Council of the City of Vernon desires to
24 approve and ratify the actions taken by the Fire Chief in executing
25 the MOU dated December 23, 2008.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
27 CITY OF VERNON AS FOLLOWS:
28 SECTION 1: The City Council of the City of Vernon hereby
1 finds and determines that the recitals contained hereinabove are true
2 and correct.
3 SECTION 2: The City Council of the City of Vernon hereby
4 approves and ratifies the Fire Chief's execution of the Memorandum of
5 Understanding Regarding Hazardous Materials Incidents dated
6 December 23, 2008, with the Cities of Santa Fe Springs and Long Beach,
7 a copy of which is attached hereto as Exhibit A and incorporated by
8 reference.
9 SECTION 3: The City Clerk of the City of Vernon shall
10 certify to the passage of this resolution, and thereupon and
11 thereafter the same shall be in full force and effect.
12 APPROVED AND ADOPTED this 2nd day of February, 2009.
13
14 Name: Loonis C. Malburg
15 Title: Mayor / M o,^-
1 Glll
16
17 ATTEST:
18
19 MANUELA GIRON, Cit Clerk
20
21
22
23
24
25
26
27
28
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
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9848, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, February 2, 2009, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIR City Clerk
- 3 -
0' •,
MEMORANDUM OF UNDERSTANDING
REGARDING HAZARDOUS MATERIALS INCIDENTS
This MEMORANDUM OF UNDERSTANDING (MOU) is made and
entered into as of the 3" day of eti , 2008,
BY AND BETWEEN CITY OF VERNON,
a municipal corporation,
4305 Santa Fe Avenue
Vernon, CA 90058
AND CITY OF SANTA FE SPRINGS,
a municipal corporation,
11710 Telegraph Road
Santa Fe Springs, CA 90670
AND CITY OF LONG BEACH
a municipal corporation
333 W. Ocean Blvd.
Long Beach, CA 90802
RECITALS
A. The City of Vernon, pursuant to Vernon City Code Section 13.50, has designated the Fire
Department of the City of Vernon as the "emergency response agency" which, pursuant
to Section 13.64, is responsible for managing Hazardous Materials (Haz-Mat) spills or
releases in the City of Vernon.
B. The City of Santa Fe Springs has delegated the Fire Department, under the supervision
of the Fire Chief to respond to and take necessary actions for the safe mitigation of
hazardous materials spills, releases, and related incidents. The Fire Department's
hazardous material response team is comprised of personnel from the Fire Prevention,
Environmental Protection, and Fire Suppression Divisions.
C. The City of Long Beach has delegated the Fire Department, under the supervision of the
Fire Chief to respond to and take necessary actions for the safe mitigation of hazardous
materials spills, releases, and related incidents.
D. The purpose of this MOU is to provide an emergency response to Haz-Mat incidents
within the boundaries of Area "E" and City of Long Beach. The response will be made by
trained staff and equipment from each city capable of "Level A" entries.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
CONDITIONS HEREIN CONTAINED IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. DEFINITIONS:
Hazardous Materials (Haz-Mat) shall have the meaning set forth. in Section 8589.2
of the Government Code of the State of California.
Incident Command System(s) (ICS) shall have the meaning set forth in Section
8607 of the Government Code of the State of California.
Level "A" Entry shall have the meaning set forth in Appendix B to Section 5192 of
the California Code of Regulations.
National Incident Management System (NIMS) shall have the meaning set forth in
Section 8607 of the Government Code of the State of California.
Agency Representative shall be a Chief Officer of Designee of the responding
agency's Fire Chief.
2. RESPONSE: In the event of a Haz-Mat incident in either Area "E" or the City of Long
Beach, an emergency response shall be made by a team from each city consisting
of four (4) trained personnel and one (1) Haz-Mat vehicle. Each team will respond to
any Haz-Mat incident that the on scene Incident Commander or Battalion Chief or
other authorized person of the city in which the incident occurs deems necessary.
The team traveling the farthest will be expected to be on -scene within forty-five (45)
minutes. The teams will meet at the site of the emergency and will function as one
unified team. An Agency Representative may also respond at the discretion of the
responding agency.
3. COMMAND STRUCTURE: The unified team will operate under the command
structure of the city where the incident occurs using the Incident Command System
(ICS), and when appropriate, the National Incident Management System (NIMS).
They will use recognized and jointly accepted protocols. Nevertheless, each team
captain will retain the authority to withdraw that city's team in case of imminent
danger to life or limb of a team member.
4. SCOPE: The unified team will analyze, diagnose, and take any remedial action
deemed necessary and safe. They will recommend evacuations as needed, do
containment, and clean-up within the capability of personnel and equipment.
5. LEVEL OF TRAINING: All team members will be trained and certified to the Haz-Mat
Technician Level or greater. Each city will be responsible for keeping such certification
current.
6. IN-SERVICE TRAINING: A training drill will be held on all even months (6 drills per year)
with an attempt to schedule three different days encompassing all three shifts. Each city
will alternately host and organize the drills two (2) times per year. One (1) of each city's
two (2) drills will be a field exercise for a total of three (3) such drills annually. The host
city will pay the expenses and costs of the drill which it organizes.
7. COMMUNICATIONS: Radio communications will be handled on whichever VHF
frequency is normally used in that city for such an emergency (Vernon-VER DISP,
Compton, Montebello, Downey, and Santa Fe Springs-DNY CMD, Long Beach -LOB 1).
UHF frequencies may be used by the entry teams on their approved channels (XLE T-
3D). Cellular telephones will also be used as conditions and equipment availability allow.
8. COST RECOVERY: Each city will pay for materials and labor costs of its team. In the
event of a Haz-Mat spill, release, or other incident, if the party responsible is identified,
every attempt will be made by the host city to recover cost reimbursement for materials,
labor costs, and damaged equipment for all cities. If legal action is required, each city
shall be joined as a party, shall have the right to pursue its own causes of action, and
shall bear its own costs and attorney's fees.
9. INDEMNIFICATION: Each city agrees to preserve and save harmless the other cities and
each officer and employee thereof from any liability or responsibility for any accident, loss
or damage to persons or property happening or occurring as a proximate result of the
negligence of such indemnifying city, its officers or employees.
10. EMPLOYEES: The members of a city's. team shall not be considered employees of the
other city for any purpose including but not limited to worker's compensation, medical
benefits, sick leave, disability benefits, or retirement. Each team member when
participating in a drill or a Haz-Mat incident will do so as an employee of that team's city.
11.TERM OF AGREEMENT: This agreement will remain in effect unless and until
terminated by a ninety (90) day notice in writing from any city. Adjustments or
amendments may be made upon agreement in writing by all cities.
This Memorandum of Understanding Regarding Hazardous Materials Incidents, is within the
Mutual Aid Agreement for exchange for Fire, Rescue, and Emergency Medical Services
between the Los Angeles County Area "E" Fire Departments and the City of Long Beach is
signed on this 9-3 ^..*- day of 2008.
CITY OF VERNON,
Dated:'/�`�'
IS
rk Whitworth, Fire Chief
CITY OF SANTA FF/E SPRINGS,
Dated:
By:
Alex Rodriguez, Fire Chief
CITY OF LONG BEACH,
Dated: IQ
By: IL -- I ".-I (�—�
David Ellis, Fire Chief
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 4, 2009
TO: Mark Whitworth, Fire Chief
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9848 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the
Execution of a Memorandum of Understanding Regarding
Hazardous Material Incidents By and Between the City
of Vernon and the Cities of Long Beach and Santa Fe
Springs
Transmitted herewith are copies of the Memorandum of
Understanding and Resolution No. 9848, referenced above, which
were approved"by City Council on February 2, 2009.
Thank you.
NG : dj
c: Resolution No. 9848
Agreement 09-020
MEMORANDUM OF UNDERSTANDING
REGARDING HAZARDOUS MATERIALS INCIDENTS
This MEMORANDUM OF UNDERSTANDING (MOU) is made and
entered into as of the day of DAB 12008,
BY AND BETWEEN CITY OF VERNON,
a municipal corporation,
4305 Santa Fe Avenue
Vernon, CA 90058
AND CITY OF SANTA FE SPRINGS,
a municipal corporation,
11710 Telegraph Road
Santa Fe Springs, CA 90670
AND CITY OF LONG BEACH
a municipal corporation
333 W. Ocean Blvd.
Long Beach, CA 90802
RECITALS
A. The City of Vernon, pursuant to Vernon City Code Section 13.50, has designated the Fire
Department of the City of Vernon as the "emergency response agency" which, pursuant
to Section 13.64, is responsible for managing Hazardous Materials (Haz-Mat) spills or
releases in the City of Vernon.
B. The City of Santa Fe Springs has delegated the Fire Department, under the supervision
of the Fire Chief to respond to and take necessary actions for the safe mitigation of
hazardous materials spills, releases, and related incidents. The . Fire Department's
hazardous material response team is comprised of personnel from the Fire Prevention,
Environmental Protection, and Fire Suppression Divisions.
C. The City of Long Beach has delegated the Fire Department, under the supervision of the
Fire Chief to respond to and take necessary actions for the safe mitigation of hazardous
materials spills, releases, and related incidents.
D. The purpose of this MOU is to provide an emergency response to Haz-Mat incidents
within the boundaries of Area "E" and City of Long Beach. The response will be made by
trained staff and equipment from each city capable of "Level A" entries.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
CONDITIONS HEREIN CONTAINED IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. DEFINITIONS:
Hazardous Materials (Haz-Mat) shall have the meaning set forth. in Section 8589.2
of the Government Code of the State of California.
Incident Command System(s) (ICS)-shall have the meaning set forth in Section
8607 of the Government Code of the State of California.
Level "A" Entry shall have the meaning set forth in Appendix B to Section 5192 of
the California Code of Regulations.
National Incident Management System (NIMS) shall have the meaning set forth in
Section 8607 of the Government Code of the State of California.
Agency Representative shall be a Chief Officer of Designee of the responding
agency's Fire Chief.
2. RESPONSE: In the event of a Haz-Mat incident in either Area "E" or the City of Long
Beach, an emergency response shall be made by a team from each city consisting
of four (4) trained personnel and one (1) Haz-Mat vehicle. Each team will respond to
any Haz-Mat incident that the on scene Incident Commander or Battalion Chief or
other authorized person of the city in which the incident occurs deems necessary.
The team traveling the farthest will be expected to be on -scene within forty-five (45)
minutes. The teams will meet at the site of the emergency and will function as one
unified team. An Agency Representative may also respond at the discretion of the
responding agency.
3. COMMAND STRUCTURE: The unified team will operate under the command
structure of the city where the incident occurs using the Incident Command System
(ICS), and when appropriate, the National Incident Management System (NIMS).
They will use recognized and jointly accepted protocols. Nevertheless, each team
captain will retain the authority to withdraw that city's team in case of imminent
danger to life or limb of a team member.
4. SCOPE: The unified team will analyze, diagnose, and take any remedial action
deemed necessary and safe. They will recommend evacuations as needed, do
containment, and clean-up within the capability of personnel and equipment.
5. LEVEL OF TRAINING: All team members will be trained and certified to the Haz-Mat
Technician Level or greater. Each city will be responsible for keeping such certification
current.
6. IN-SERVICE TRAINING: A training drill will be held on all even months (6 drills per year)
with an attempt to schedule three different days encompassing all three shifts. Each city
will alternately host and organize the drills two (2) times per year. One (1) of each city's
two (2) drills will be a field exercise for a total of three (3) such drills annually. The host
city will pay the expenses and costs of the drill which it organizes.
7. COMMUNICATIONS: Radio communications will be handled on whichever VHF
frequency is normally used in that city for such an emergency (Vernon-VER DISP,
Compton, Montebello, Downey, and Santa Fe Springs-DNY CMD, Long Beach -LOB 1).
UHF frequencies may be used by the entry teams on their approved channels (XLE T-
3D). Cellular telephones will also be used as conditions and equipment availability allow.
8. COST RECOVERY: Each city will pay for materials and labor costs of its team. In the
event of a Haz-Mat spill, release, or other incident, if the party responsible is identified,
every attempt will be made by the host city to recover cost reimbursement for materials,
labor costs, and damaged equipment for all cities. If legal action is required, each city
shall be joined as a party, shall have the right to pursue its own causes of action, and
shall bear its own costs and attorney's fees.
9. INDEMNIFICATION: Each city agrees to preserve and save harmless the other cities and
each officer and employee thereof from any liability or responsibility for any accident, loss
or damage to persons or property happening or occurring as a proximate result of the
negligence of such indemnifying city, its officers or employees.
10. EMPLOYEES: The members of a city's team shall not be considered employees of the
other city for any purpose including but not limited to worker's compensation, medical
benefits, sick leave, disability benefits, or retirement. Each team member when
participating in a drill or a Haz-Mat incident will do so as an employee of that team's city.
11.TERM OF AGREEMENT: This agreement will remain in effect unless and until
terminated by a ninety (90) day notice in writing from any city. Adjustments or
amendments may be made upon agreement in writing by all cities.
This Memorandum of Understanding Regarding Hazardous Materials Incidents, is within the
Mutual Aid Agreement for exchange for Fire, Rescue, and Emergency Medical Services
between the Los Angeles County Area "E" Fire Departments and the City of Long Beach is
signed on this o93' day of 2008.
CITY OF VERNON,
Dated:
Whitworth, Fire Chief
CITY OF SANTA FE SPRINGS,
Dated: ���2 JL.�L
Alex Rodriguez, Fire Chief
CITY OF LONG BEACH,
Dated:
By: - C
DavO Ellis, Fire Chief