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HomeMy WebLinkAboutResolution No. 5659 RESOLUTION NO. 565 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, APPROVING MUTUAL AID AGREEMENT WHEREAS, it is desirable and necessary to furnish supplemental public safety services to other agencies located within the County of Los Angeles toward mutual ends in the event of local peril, local emergency, local disaster, civil disturbance, and such other cases as the need may arise; WHEREAS, the City Council of the City of Downey, California, has heretofore determined that the public interest and necessity require such mutual aid and such agreements are authorized by Sections 8615, 8617 and 8668 of the Government Code and in accordance with the provisions of the California Disaster and Civil Defense Master Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Downey, California, as follows: SECTION 1. The Council hereby approves that certain agreement entitled Mutual Aid Agreement and authorizes the Mayor to execute said agreement on behalf of the City in substantially the form attached hereto as Exhibit "A." SECTION 2. The Council authorizes the Chief of Police of City to act as an exclusive agent and representative of the City in the administration and execution of said Agreement. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. �,---- PASSED, APPROVED AND ADOPTED this 9 th day of March 1993. /d e Mayor Dia oggs ATTEST: 4 - - / ' S\k livale , C City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey, California, at a regular meeting thereof, held on the 9th day of March , 1993, by the following vote of the Council: AYES: 5 Council Members : Riley, Brazelton, Lawrence, McCaughan, Boggs NOES: 0 Council Members None ABSENT: 0 Council Members : None \ , -,) 1, ( City Jerk Approved as to Form: I / i , / . . AA» 1.4A,e_dit r City Attorney EXHIBIT "A" MUTUAL AID AGREEMENT THIS AGREEMENT is made and entered into by and between the participant municipal corporations and other political subdivisions which now or hereafter become signatories hereto: WITNESSETH: WHEREAS, the signatory agencies desire to coordinate public safety service efforts and encourage maximum cooperation between all law enforcement and prosecutorial agencies; and WHEREAS, the agencies have heretofore determined that the public interest and necessity require mutual aid and participation in joint efforts: and WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the term and conditions set forth by the participating agencies; and WHEREAS, it is also necessary and desirable that the resources, personnel, equipment and facilities of any one party to this agreement be made available to any other party to prevent, combat, or eliminate a probable or imminent threat to life or property resulting from local peril, local emergency, local disaster, or civil disturbance, or a duty proclaimed "state of extreme emergency" or "state of disaster," or "state of war emergency" and to render mutual and supplementary public safety services one to the other as the need may arise; and WHEREAS, extensive loss of life and property may be mitigated by the immediate and adequate response of the forces of local government to what are or may be disturbances and disasters; and WHEREAS, the parties signatory to this agreement have public safety responsibilities within the County and, therefore, have mutual interests and objectives to accomplish with reference to the preservation and protection of life and property within said County; and WHEREAS, the parties signatory to this agreement all have powers to provide for common defense, and the power to act in case of emergency or disaster are all powers common to the parties signatory hereto; and WHEREAS, the provisions of the Sections 8615, 8617 and 8668 of the Government code of the State of California, California Disaster and Civil Defense Master Mutual Aid Agreement, and other laws of the State of California, empower each of the parties to this agreement to so contract, and WHEREAS, it is expressly understood that this agreement and the operation orders adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable exchange or other basis, nor supplant other mandatory agreements required by law in the event of a duly proclaimed emergency. NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties signatory hereto as follows: 1. Each public agency signatory hereto may join in joint efforts which shall be governed by the terms and conditions set forth by the participating agencies. 2. Each public agency signatory hereto may furnish supplementary public safety services to the other public agencies signatory to this agreement in the event of local peril, local emergency, local disaster, civil disturbance and such other occasions as may arise. -2- 3. The mutual aid extended under this agreement and the operation orders adopted pursuant to this agreement shall be without reimbursement unless otherwise expressly provided for by the parties to this agreement or as provided by law. 4. The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred, unless otherwise provided, shall remain in charge at such incident including the direction of such personnel and equipment provided him through the cooperation of such mutual aid plan. 5. That nothing contained in this agreement shall require or relieve any party hereto from the necessity and obligation of furnishing adequate protection of life and property within their own jurisdiction and no party shall be required to deplete unreasonably his own resources, facilities, and services in furnishing such mutual aid. 6. Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party furnishing the assistance and for the direct benefit of all the inhabitants of the area. 7. This agreement shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever. 8. Each member agency shall be solely liable for any and all damages, including attorney's fees, resulting from the acts or omissions of its own employees, and shall indemnify and hold harmless each other member agency for said acts and omissions. 9. The declination of one or more of the parties to participate in this agreement or any amendment, revision, or modification thereof, shall not affect the operation of this agreement nor operation orders adopted pursuant thereto insofar as the -3- validity of the agreement pertains to the signatory parties. 10. This agreement shall become effective as to each party when approved or executed, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. 11. Termination of participation in this agreement may be effected by any party by giving notice of said termination of participation in this agreement to the public agencies, a party hereto, and this agreement shall be terminated as to such party twenty (20) days after the filing of such resolution. IN WITNESS WHEREOF this agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. CITY OF DOWNEY By: Diane P. Boggs, Mayor Attest: Judith E. McDonnell, City Clerk Approved as to Form: Peter M. Thorson, City Attorney -4- ** *OR IGINAL SIGNED AGREEMENT FILED IN CITY CLERK'S OFFICE •--�