Loading...
HomeMy WebLinkAboutCC 8 EMERG SERVICES 04-15-91DATE: TO: FROM: SUBJECT: APRIL 31 1991 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS/ENGINEERING DIVISION CONSENT CALENDAR NO. 8 4-15-91 ' Inter - Com RESOLUTION NO. 91-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE PUBLIC WORKS MUTUAL AID PROGRAM FOR EMERGENCY SERVICES RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 91-47, approving the attached agreement for Public Works Mutual Aid between the City of Tustin, County of Orange, and other signatory municipalities and agencies. DISCUSSION: In the event of a local major disaster, such as a catastrophic earthquake or flood emergency, there may be massive damage in the City of Tustin and the available resources of the Public Works Department may be inadequate to deal with such a disaster. Thus, should such a situation occur, it will be necessary to seek and quickly receive public works assistance from outside of the City to save lives and protect property. To facilitate timely assistance in such an emergency, it is necessary that an agreement specifying the terms of rendering and receiving such assistance from outside agencies be established and .in effect prior to the occurrence of the emergency. The proposed agreement is intended to be used only in major disasters when the available resources of the City are not adequate to cope with the disaster and outside public works resources are needed. 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 proposed agreement is primarily aimed at a catastrophic disaster such as an earthquake, it could be used for any disaster, such as a major flood. The basic provisions of the agreement provide for the rendering of mutual aid by any party to be strictly voluntary so that the resources of the assisting party are not unreasonably depleted by the rendering of such aid. In addition, the receiving agency must pay full cost of the aid received. The amount of aid received will depend on the magnitude of the disaster, as well as the amount of aid requested. In the type of major disaster under which this agreement would be utilized, the State and Federal Governments may reimburse the local agency for some or all of the costs of the Public Works Mutual Aid received. City Council approval of this agreement will be a major step in developing critical assistance to save lives and protect property of the citizens of the City of Tustin by allowing the receipt of public works assistance from outside agencies, as well as allowing us to provide assistance. Attached to this report is Resolution No. 91-47, a Resolution of the City Council of the City of Tustin approving the Public Works Mutual Aid Agreement, a copy of the proposed agreement, and a list of the cities in Orange County who have already become signatory parties. Robert S. Ledendecker Director of Public Works/ City Engineer BL:KP:ccg:kpmutaid Attachment at Pitcher Administrative Assistant 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 RESOLUTION 91-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PUBLIC WORKS MUTUAL AID PROGRAM FOR EMERGENCY SERVICES WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association 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 interest to enter into an agreement implementing that plan and setting forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided by one party's Public Works Department for the other's; and WHEREAS, no party to this Agreement would be obligated to unreasonably deplete its own resources, facilities, or services while providing such mutual aid; and WHEREAS, the City of Tustin desires to participate in the Public Works Mutual Aid Program for the general health, safety, and welfare of the citizens of Tustin; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby elects to enter unto the Public Works Mutual Aid Agreement. SECTION 2. The City Manager, or his designee, is hereby designated as the Public Works Mutual Aid Coordinator for the City of Tustin. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 15th day of April, 1991. Mary E. Wynn, City Clerk Richard B. Edgar Mayor PUBIC WORKS MUTUAL AID AGREEMENT NO. 62170 ADDITIONAL PARTIES TO AGREEMENT CITY OF TUSTIN IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. BY: City of Tustin Mayor DATE: ATTEST: BY: City of Tustin City/Clerk DATE: ORIGINAL PUBLIC WORKS MUTUAL AID AGRE, JT 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 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. 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 IL practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 18 hereinafter. C 3. When a Local ,-gency has been proclaimed by "ty'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. 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 sh, take effect immediately upon 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. Montei l h Executive Officer -Clerk of;, the Board of Supervisors }*LOS ANGELES COUNTY ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE.. CHAIR14AN OF THE BOARD. I FE, 11. - Me� N � � LINDA D. RUTH JAN g �u� CLERK OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton County Counsel By ' PRINCIPAL DEPUTY APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy R-MCPW BY CHAIRMAN, BOARD OF SUPERVISORS ORANGE COUNTY B Y oorz+� CHAIRMAN, BOARD OF SUPERVISORS BOARCi I:CUti7Yr �f(S ur ,.c� � UIRRY J. MUPI rkILH aECUTIVE OFFICER PUBLIC WORKS MUTUAL AID AGREEMENT SIGNATORY MUNICIPALITIES ORANGE COUNTY Anaheim Brea Buena Park Costa Mesa Cypress Dana Point Fountain Valley Garden Grove Irvine Laguna Beach Laguna Niguel Mission Viejo Newport Beach Orange Placentia Santa Ana Stanton Villa Park Westminster Yorba Linda Total number of Orange County Cities signed = 20