HomeMy WebLinkAbout0132.093~;'
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January 21, 1993
THE HONOR,BLE CITY COUNCIL
palo Alto, California
Mutual Aid Agre~
Members of the Council!
Report in Brief
This staff report recclrimends Council ~pproval of a Mutual Aid
Agreement between six cities having electric utilities~ The six
parties to the Agreement are Burbank, Glendale and Pasadena in
southern California, and Alameda, Palo Alto and Santa clara in
northern California.
Background
The OCtober 1989 earthquake tested each of the northern California
utilities' ability to restore service in the wake of a natural
disaster of significant magnitude. City of Palo Alto eDlployees did
an elCcellent j-:>b in repairing system damages in short order and
they were joined in that effort by crews from as far away as
Roseville. This mutual assistance wa~ achieved on the basis of an
informal agreement which precipitated 9any questions and suggested
Btronqly the need tor a formal agreement, to enable utiliti~s to
provide fast responses when help ~as requested hy another utility.
Cities have commonly acted in support of each other: particularly
in the public safety arena. The general managers and directors of
Alameda, Burhank, Glendale, Palo Alto, pasadena, Roseville and
santa Clara met as an Ad Hoc COllU!littee undar the Cal ifornia
Municipal Utilities Association, to discuss pursuing a formal
Mutual Aid Agreement. The concept developed principally recoqnized
that a major event could affect an entire region. Therefore,
southern California or northern California utilities as a group
could have a simultaneou$ need fer assistance, although anyone
utility could call upon anyone or all of the remaining parties in
case of a local emergency~
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The Agreement
The Agreement provides a requesti~g utility with the ability to ask
for pp.!."sonnel, equipment and material from another party or other
parties, in order to d~al with an emergency arising within the
re-questing util ity' s jurisdi::tional boundaries to protect life,
property, or facilities. A response may he made and assistance may
be given at the sole discretion cf the responding party which will
have no obligation to provide any such as~iEtance, and will incur
no liability for not complying with such request fer assistance.
The requesting party is responsible for arranging for the medical
care, hous-ing, meals, e.nd fueling servicing, and repair of
equip~ent requested by a responding party~
Costs that are incurred by the responding party are to be paid by
the respondinq party portal-to-portal plus 10 percent~ Ac~ounting
records are to be kept ~y both parties in order that each party may
maximize the possibility of meeting FEHA requirements for
reimbursement .•
The Agreement contains indemnification clauses that is applicahle
to t~e requesting party and responding party. The possibility of
injuries, death O~ damages experienced by a respondinq party en
route to or from the jurisdiction of the requesting party is
specifically considered to be outside the scope ot the Agreement.
The Director of utilities is designated as the City representative.
The Agreement is open to participation by other non-inVestor owned
utilities with authorization by their qoverning bodies and a
majority vote of the then existing parties.
Fecommendation
Thi$ kind of Agreement can open the door to fast response during
times of need for emergency aid. staff recommends that Council
~pprove and authorize the mayor to exec~te the attached Mutual Aid
Agreement.
Respectfully submitted,
?J~ .. ~ X ,Zh-,-<-, ifr
!pCCHARD L. yo'rmll J
Director of utilities
\".,1-\C!M1LJ A,~'~ir;;~-7/
ci~ Manager
Attachments: Agreement
CMII:132:93
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~'TUAL AlP ACR£EMENT
THIS AGREEMENT (herein NAqreement k ,. effective this ___ day of _
_______ 19 __ , by and among the city of BurbanX l California; the City
of Glendale, California; the City of Pasadena, California; the city
of Alameda l California; the city of Palo Alto, California; and the
City of Santa Clara. California; and among other Parties ~ho may
become signatory to this Agreement. The signatories to this
AqreQment may be referred to herein collectively as the ·Parties~ or
individually as a 1'IPa:t'ty."
ILE C 1 TAL S:
Each of the Parties hereto is engaqed in the production,
acquisition I trans~ission and distri~ution of electricity ~ithin
their respective boundaries, ana the operation of similar
facilities for such purpose; and
Each of the Parties has the power and duty to operate and
maintain their respe~tive facilities in good condition, and each
employs skille~ personnel and u~es parts and equipment to
repair and maintain such facilities; and
Severe breakdowns or other emerqenci2s may arise in the
operation of such facilities~ in the noraal course of operations I or
by an act of Cod or civil disobedience, or war, requirinq immediate
correction and repair for ~hic~ a Party hereto may have insufficient
personnel I equipment O~ material to make such immediate repair; and
The Parties each have power to snter into contracts for
the maintenance and repair of its facilities, and it i~ in ~~2
best interEsts of the public and the Partie3 to enter into this
Agreement, as exemplified and a'Jthorized by the California Emergency
Services Act, California GovernmEnt Code Sections 8550 ~~_§~.;
AGREEMEFT PROYISIONS_:
NOW, THER£FORE~ in consideration of the mutual covenants herein
contained. the Parties do agree as follows:
1. In the event of an emergency as defined in Government Code
Secti~n 8558 or local laws requiring repair or ether corrective
action to be taken immediately to protect life, property or
facilities within the jurisdictional oo"u.ndaries o! any Part.y, the
Designated Representative of such Party may calIon any or all of
the other Parties for assistance by ~ay of personnel, equipment and
material~ Such requests may take the form of general need or
requirements for individual specific crafts or job titles_
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2. When request tor assistaf.lce is recE'_ived, the Party which
resp~nds (herein the "P.esponding Party") shall promp~ly advise of
the. extent of response, and provide whatever personr.el, equipment,
and/or facilities can be provided without jeopardizing the safety of
persons or property within its jurisdiction. No P:jrty ::-eceiving a
request for assistance shall :be under any obligat'.on to provi~e
assi6:tance or incur Ar.y liability for not comply"'_ng with the
request.
3. When the Responding Party's personne], equipment, and/or
facilities are no longer required or 'When Res:.>ondinq party advises
that its resources are required 'ir.-ithin its o ... ·.n jurisdiction, the
Party re~~esting assistance (herein the ·Re~~esting partyN) shall
immediately arrange fol'" the ret.urn of thClsg resources.
4. Requesting Party shall be responsible for the safekeeping
of the r~sources provided by the Responding PartY4 Requesting Party
shall remain in charge of the incident or occurrence and shall
provide control and direction to .all resov.rces pro:=vi-ded by the
Responding Party. The request m~y include providing supervisory
personnel to take direct charge ot the resources under the qeneral
direction of the Requesting Party. Requesting Party shall mar.e
arrang~ents for medical cars, housing and feediny, aSSisting
personnel, fueling, servicing, and repair of equipment if such
support is requested by Responding party~
Reque~ting Party agrees to pay Responding pa~y's total
costs plus ten percent ,lOt) incurred as a result of providing
assistance p~suant to this Agreement, based upon standard rates
applicahle to Respondinq Party's inte~r.al operations. ~Total costs"
include direct labor, dirEct material, direct equipment and
applicable expenses at Requesting Party's site and en route to and
rrom Requesting Party's site. Payment shall be made within sixty
{SO} days after receipt ot a detailed invoice. ~equesting Party
shall not aSSUlJIe any liability for the direct payment of any salary
or wages to any officer or employee of Responding Party.
When mutual eia is prcvided l the Requesting Party and
Responding Party shall both keep account records ot the personnel,
equipment l and materials provided as required by Fede~al and State
(NDAA) and FEMA guidelines to maximize th~ possibility of Federal
and State disaster reimbursement. Each Party shall have aCCQSS to
the other Party's records for this purpose.
5. Any Party may ~ithdraw from this Agreement by givinq each
or the other Parties thirty (JO~ days' prior written notice.
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6 ° Inde'!Vlification
A~ ~equesting Party shall hold ha~less. indemnify, and
defend the Responding party, its officers, aq~nts, and employees
against all liability, claims, losses, demands or ac~ion5 for injury
to, or death of, a person or pe~30ns, or damage to prQper~y, arising
out of this Agreement provided such liability, claims, losses,
demands, or 3.ctions are claimed teo be due to the acts or omissions
of Requesting Party, its officers, agents, or employeeB~ or
employees of the Responding Part~· wher" the act or omjssion of such
Respondir.q Party ~~ployee occurs within the course and scope of
providing emergency ~id. Injuries, death or damages occurring en
route to or from Requestinq Party are not considered to be within
the course ana scope of providing emergency aid.
B. Respon~in9 Party shall hold harmless, indemnify, and
defend the Requesting party, its officers, agents, and employees
against all liahility, claims, losses, demands cr actions for injury
to or death ~f, a person or persons or damaqe tc property arising
out of the use of any defective equipment or product supplied (and
used by.J Responding Party in response to a call for assistance from
a Requestinq party.
C. The indemnifying Party shall, upon request, either
(1j assume on bebalr of the indemnified Party the derense of any
action at lay in which lia~ility is sought to be imposed upon said
indemnified Party; or (2) reimburse said indemnified party for all
reasonahle costs cf defendinq such action including attorney's fees.
The indemnified party shall promptly provide the-indemnifyinq Party
with notic~ of any claims or actions an~ copies of relevant
documents. Indemnified Party $hall make its employees available to
assist in litigation and in liti9a~ion preparation. Indemnifying
Party shall pay indemnified Party's total costs tor such assistance
to the sa~e extent provided in section 4 hereof.
7. Employees of a Responding p~rty shall follo~ th~ safety
rules of Responding Party unless directed by Requestinq Party to
follow safety rules which require a higher ord~r of safety as to the
particular. activity.
8. Each Party shall designate a representative who shall pe
the contact person under this Aqreement and shall be authorized to
make decisions and on sendinq or receiving aid pursuant to this
Agreement.
9. Participation is open to all public, non-investor owned
electric utilities with the consent of the new Parties' governing
bodi~s and a majority of existing Parties l designated
representatives.
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10~ An~ .. controversy or claim bet\o1lJ:en the parties hereto
ariainq out of or ~elating to this Aqreem~ntl or the breach thereof,
shall be settled. ~}. arbitration in accordance with the Rules of the
American Arbitration Association and jud~ent on the aYard rendered
by the arbitrator(a) JUly be entered in any COl't%'t having jurisdiction
the.reof~
11. Nothing in this Aq~eement is intp~ded or shall be
construed to a~roqate, waive: or to operate in any ~annar so as to
diminish the privileqes and immunities conferred upon the Parties,
their officers, aqents and employees by tha California Tort claims
Act (California Government Code Sections 800 et 5%9~), the
California Emergency Services Act {California Government Code
Sections 8550 at seg.) or any other provision ot law. The Parties
intend that the provisions of Government Code Section 8656 shall
qovern pursuant to this Agreement ~s if this statute were at all
times in erfect ana applicable hereto.
12. This Agreement may be executed in any numher ~f
counterparts, and each executed counterpart shall have the same
force and effect as an o~iginal instrument and as if all the Parties
to allot the cocnterparts had siqned the same instrument~
IN WITNESS ~~OF, each party has executea a counterpart of
this Aqreement with the approval of its governing body, and
represents and warrants that the Party has all requisite authority,
and has duly ~qreed to be bow,Q by all of the terms a.nd conditions
of this Agreement.
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Parties
City ~f Burbank, CA
city ot Glendale, CA
APPENDIX A
MUTUAL AIp l\CREEM~
Oesiqnoted Representative
Ronald V. stassi
General Manager
William R. Hall
Electrical services
Administrator
City of Pasadena, CA David C. Plumb
General Manager
City of Alameda, CA Larry W. Starr
Assistant General Manager
Plant , Facilities
City of Palo Alto, CA Richard L. Young
Utilities Director
City of Santa Clara, CA John c. Ro~ema
Ass~stant Director
of Electric Utility
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co.ntaC't~
Property Guard
818-953-9678
Ope=dtions/Oispatch
818-548-,2Q11
Dispatch Center
818-405-4480
System Dispatcher
510-748-3966
John Evans
415-496-6912
Power System
Dispatcher
408-984-3137
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cm' OF ALAJl.IEDA
By ___ _
and, _____________________ _
A~prc:ved as to form.:
By=~~~---~_-----City Attorney of
City of Alameda
CITY OF GLENDALE
sy ____ , _____________ __
and, _______________ __
Approved as to form~
By, ___ ------_---
City Attorney of
City of Glendale
CITY OF PASADR.~A
By ____ _
and, _____ _
Appro\ted as to form:
By
City Attorney of
City of Pasadena
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CITY OF BVRBA-"K
By ___ __
and
}I.pproved as to fcrr::
8y ___ ~ _-----_---
City Attorney of
~ity of Burbank
CITY OF PALO Al~TO
8y _______ __
and
Approved as to form;
8y
Cit}rAttorney of
City of Palo Altc
CITY OF SAl\'TA CLAR-\
8y
and _______ __
Approved as to form:
By
~C0i-'t~y~A~_ t torney 0 f
City of Sant3 Clara