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HomeMy WebLinkAboutReso 65-1994 RESOLUTION NO. 65-94 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE PUBLIC WORKS MUTUAL AID AGREEMENT FOR SAN MATEO COUNTY BE IT RESOLVED by the City Council of the city of South San Francisco, that: The City Manager is authorized and directed to execute, on behalf of the City of South San Francisco, that certain Public Works Mutual Aid Agreement, attached as Exhibit "A", enabling the Public Works Department to offer assistance to other Public Works agencies within the County of San Mateo in emergency situations. The Director of Public Works is designated to be the coordinator for South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25th day of May , 1994 by the following vote. AYES: Councilmembers Jack Drago, John R. Penna, Roberta Cerri Te.Qlia, Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT None City Clerk Mutual. Exc EXHIBIT A TO RESOLUTION NO. 65-94 PUBLIC WORKS MUTUAL AID AGREEMENT FOR SAN MATEO COUNTY THIS MUTUAL AID AGREEMENT, ("Agreement") is made and entered into as of the day of , 1994, 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 responsibilities of the parties whenever emergency personnel, equipment and facility assistance is provided from one party's Public Works Department to another; 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 said Act. NOW, THEREFORE, in consideration of the conditions and covenants contained herein, the parties hereto agree as follows: 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, hazardous material problem, tsunami, sudden or severe energy shortage, 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. The Agreement Coordinator shall be the Director of Public Works of San Mateo County. Coordinators designated by each party shall be designated by title, agency, address, and phone number. If said Coordinator changes, the other parties to the agreement shall be notified in writing as soon as practical after the appointment has been made. Said notification shall be made through the "Agreement Coordinator" designated in Item 17 hereinafter. The Coordinator may request assistance when the Coordinator has determined that there is an actual or threatened local emergency as defined herein or when a local emergency has been proclaimed by a party's governing body or authorized official. When a 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. When the assisting Coordinator's personnel, equipment and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. The requesting party shall be responsible for the reasonable safekeeping of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. The requesting Coordinator shall make arrangements for housing and feeding the assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of the requesting party, and vice versa. The requesting party agrees to reimburse the assisting party for all materials provided on a direct cost basis. Payment shall be made within ninety (90) days after receipt of a detailed invoice. However, the requesting party shall not be required to reimburse the responding party for any direct or indirect salary costs, equipment costs, or overhead costs for the personnel, equipment, and/or facilities provided by the responding party pursuant to this agreement unless the requesting party 2 10. 11. 12. 13. receives federal or state disaster reimbursement covering such costs. (1) The requesting party agrees to make every reasonable effort to obtain federal and state disaster reimbursement. If the requesting party received federal or state disaster reimbursement covering the costs incurred by the responding agency, then it shall reimburse the responding agency within ninety (90) days of receipt of reimbursement. The requesting party shall hold harmless, indemnify and defend the assisting party, its officers, agents and employees against all liability, 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 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 financial accounting records of the personnel, equipment, and materials provided as required by Federal and State and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to the other party's financial records for this purpose. This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. Any party may withdraw from this agreement without cause and upon delivery of sixty (60) days prior notice in writing to the Agreement Coordinator designated in item 17 hereinafter and all other signature agencies. 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. Request for mutual aid assistance under this agreement when more than one county is impacted by a disaster shall be channeled through the appropriate regional State Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 3 14. Any controversy or claim arising out of or relating to this agreement or the breach hereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 15. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 16. Each party to this agreement agrees to: a) maintain a current list of signatory parties and "Coordinators". b) advise the other parties of any changes in its designated "Coordinator". c) coordinate any proposed amendments to this agreement with all the participating parties. 17. Other governmental agencies, utilities and special districts may become new members to this agreement upon mutual consent of all the participating parties. IN WITNESS HEREOF, the parties hereto have agreement by their duly authorized officers hereinafter indicated. executed this on the dates DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF DATED: CITY OF