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HomeMy WebLinkAbout97-191 - ResolutionsRESOLUTION NO. 97-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution, the Public Works Mutual Aid Agreement No. 62170 for the emergency repair work at various locations within Rancho Cucamonga; and WHEREAS, the Counties of Orange, Los Angeles, and San Bernardino have entered into said agreement setting forth procedures and responsibilities of the participating parties whenever emergency personnel, equipment, and facility assistance is provided from one party to the other; and WHEREAS, it is in the best interest of the City of Rancho Cucamonga to enter into said agreement and participate in the plan when a Local Emergency has been declared; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Approve the execution of Public Works Mutual Aid Agreement No. 62170. 2. Authorize the Mayor to sign Additional Parities to Agreement and direct the City Clerk to attest said document. PASSED, APPROVED, AND ADOPTED this 17th day of December, 1997. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Gutierrez ABSTAINED: None ~g'"" ' William/J':' Alexander, Mayor Resolution No. 97-191 Page 2 ATTEST: Debra J. Adams, C'MC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 17th day of December, 1997. Executed this 18th day of December, 1997, at Rancho Cucamonga, California. Debra J. Addrffs, CMC, City Clerk Resolution No. 97-191 Page 3 OR I G I NAL PUBLIC WORKS MUTUAL AID ~GREEMENT This Mutual Aid Agreement ("Agreement") is made and entered Into by those parties who have adopted and signed thls Agreement. WHEREAS, the California Office of Emergency Services, the League of California Ctties, the County Supervisors Association of California, and the American Publlc Works Association have expressed a mutual interest in the establishment of a plbn to facilitate and encourage pbbllc 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 ls provlded 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, Divlsion 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: I. For this Agreement, the following terms shall be ascribed the following m~ffiffgs'F' --' ao "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, res~6nses, and reimbursement. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme pet{1 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. 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 publtc works opera- -.. tiehal area may be established by the parties In some unique cases, Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and If said Coordinator changes, the othe. r 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. EXHIBIT Resolution No. 97-191 Page 4 When a Local Emergency has been proclaimed by party's governing body or authorized official, the Coordinator m~y 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 unde'r any obligation to provide assistance or incur any liability for not complying with the request. ' 5. When the assls~ing 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. Requesting party shall be responsible for the safekeepino 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. TEe ~equesti~g p---~-~-Fty-~g~e'es 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 standarJ 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 tQ'any officer or employee of assisting party. 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, er 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. 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 FEHA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to other party's records for this purpose. EXHIBIT Resolution No. 97-191 Page 5 i0. 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 parttes hereto are hereby null ahd 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 Servlces 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' operatlonai areas. 15. Any controversy or claim arlsfng out of or relattng to thts 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. Thls Agreement In no way acts to abrogate or waive any irrmunity available under the Tort Clatms Act. .17. Initial signatories to this Agreement are: Los Angeles County Orange County 18. The County of Los Angeles shall act a..s the initial Agreement coordinator of this program for the purpose of: , a. Receipt of new members to the Agreement. b. HaintainSng a current list of signatory parttes 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 par.ty and upon notification of the other parties to the Agreement. EXHIBIT Resolution No. 97-191 Page 6 19. All signatory parties agrce 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 Coord)nator IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicaLed. ATTEST Execu[~ve Off~cer-Cl th~ Board o~ Supervisors 'DEPUTY ANGELES COUNTY CHAIRHA/i, BOARD OF SUPERVISORS ATTEST SICNED ~ND CERTIFIED TI~T A COPY OF THIS DOC~NT t~S BEEN DELIVERED TO THE. C~I~.IA.N OF THE BOARD. LINDA D. RUTH j~ g ;¢'~1 CLE?~ OF THE BOARD OF SUPERVISORS OF OP,~NCE COUNTY, CALIFORNIA APPROVED AS TO FORH OeWitt W. Clinton County Counsel APPROVED AS TO FOP~H: ADRIM; KLr~'PER, COUNTY COUNSEL ORAJ;GE COUNTY, CALIFORNIA Deputy R-MCPW ORANGE COUNTY · B Y CHAIRMAN, BOARD OF SUPERVISORS D0,mc 0r $upEnwsons OCTJ EXHIBIT Resolution No. 97-191 Page 7 ~{/BLIC ~DRK~ Ml]lJJAL AID A~Z~E~SNT (NO. 62170) IN WITNESS THEREOF, the parities hereto have executed this agreement by theLr duly authorized officers on the dates hereinafter indicated. AUG 2 7 1990 CLERK OF 'I'}[E BOARD OF ~ OF SAN BER/qARD]~O CELqWq~, CALIPDR~r_A ,qO.'!ED'.7-,ND'EEa'rlr-F.J] TilAT.,~'E;g.P'f.."fiF This L;:.':CUMEf,IT I.ht;'3 ~F.;i D:LW£R~C'"JrJ · E'~F;LE;::~ S2RF:AT · ' "' : : ': oJ lha Count'/ci Sa.':. O;r~dino ." '~.~(~'E;,r,t,t'( :' .:.'j' · ~ ',-, ..., (.,:',',~ -" ' EXHIBIT Resolution No. 97-191 Page 8 PUBLIC WORKS MUTUAL AID AGREEMENT (NO. 62170) ADDITIONAL PARITIES TO AGREEMENT IN WITNESS THEREOF, the parities hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. BY William J. Alexander· Mayor ATTEST Debra J. Adams, City Clerk APPROVED AS TO FORM JAMES L. MARKMAN, CITY ATTORNEY CITY OF RANCHO CUCAMONGA EXHIBIT