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CC Resolution 1984-005( RESOLUTION NO. 84-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND AGREEING TO ABIDE BY THE CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT. BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. That certain agreement titled California Disaster and Civil Defense Master Mutual Aid Agreement" between the State of California and the City, a copy of which is on file in the Office of the City Clerk, hereby is approved and the City of La Quinta agrees to abide with the said Agreement. SECTION 2. The City Clerk shall forthwith file a certified copy of this Resolution with the State Disaster Council. APPROVED and ADOPTED this 17th day of 1984. ATTEST: tITY LI?K APPROVED AS TO FORM: APPROVED AS TO CONTENT: * Z_%?J ITYATTO RNEY CITY NAGER BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 ( CAL1FO?NlA DiSASTER AND CiViL DE?ENSE MASTEk MUTUAL AiD AGREEMENT This agreement made and entered into by and between the STATE OF CALIFORNIA, its various departrments and agencies and the various p01 it ica I subdivisions, municipal corporations,. and Otler public agencies of thc SLate of California; WiTNES SETH: 11EREAS, it is necessary that all of the resources and facilities of the State, its various departrnents and agencies, and all its p01 itical subdivisions, municipal corporations, and other public agencies be made ava i. able to prevent and combat the effect of disasters which may result from such calamities as flood, fire, earthquake, pest i ence war, sabota?e, and riot and It is desirable that each of the parties hereto shpuld voluntarily aid and ass j St each other in the event Lhat a disaster should occur, by the nterchange of services and faci it ies, inc 1udin??, but not imited to, fire, police, medical and health, co?municat ion, and ti-ansportat ion services and faci ities, to cope with rhe problems of rescue, relief, evacuation, rehabilitation, and reconstruct ion which would arise in the event of a disaster; and It is necessary and desirable that a cooperative a?reement be executed for the interchange of such mutual aid on a local county-wide, re?ional state-wide, and interstate basis; NO?, THEREFORE, iT IS HEREIBY AGREED by and between each and all of the parties hereto as fol ows: 1. Each party shal develop a plan providing for the effective mob l ization of al I its resources and facilities, both public and private, to cope with any type of disaster 2. Each party agrees to furnish resources and facilities and to render services to each and every other party to this agreement to pt-event and combat any type of disaster in accordance with duly adopted mutual aid operational plans, whether heretofore or hereafter adopted, ctai??n'? the met hod and anne by which such rescurocs, f?cilities, nd services are to be made available and furnished, which operational plans may include provisions for training and testing to make such mutual aid effective; provided, however, that no party shall be re?uired to deplete unreasonably its own resources, facilities, and services in furnishing such mutual aid. Part Three Section 1 6/1980 Pa?e 67 BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 ( 3. It is expressly understood that. tl?is agreement and the operation- al plans adopted pursuant thereto shal 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, but that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly provided for by the parties to this agree?nent or as provided in Sections 1541, 1586, and 1587, Military and Veterans Code; and that such mutual aid is intended to be available in the event of a disaster f such magnitude that it is, or is ikely to be, beyond the control of a single party and requires the combined forces of several or all of the parties to this agreement to combat. 4. It is expressly understood that the mutual aid extended under this agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of local pen or emergency and in all cases in which a STATE CF EXTREME EME?CENCY has been proclaimed. 5. It is expressly understood that any mutual aid extended under this agreement and the operational plans adopted pursuant thereto, is furnished in accordance with the Cal ifornia Pisaster Act'' and other app Ii cable provisions of law, and except as otherwise provided by law that.. The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge at such incident inc?uding the direction of such personnel and equipment provided him through the operation of such mutual aid plans.' Set. 15-64, Military and Veterans Code.) 6. It i-s expressly understood that when and as the State of California enters into mutual aid agreements with other states and the Federa? Government that the parties to this agreement shall abide by such mutual aid agreements in accordance with law. 7. Upon approval or execution of this agreement by the parties hereto all mutu?l aid operational plans heretofore approved by the State Disaster Council, or its predecessors, and in effect as to some of the parties hereto, shall remain in full force and effect as to them until the same may be amended, revised, or modified. Additional mutual aid operational plans and amendments, revisions, or modifications of existing or hereafter adopted mutual aid operational plans, shall be adopted as f o 1 lows: a) County-wide and local mutual aid operational plans shall be developed by the parties thereto and are operative as between the parties n accordance with the provisions of such operational plans. Such operational plans shall be submitted to the State Disaster Council for approval. The State Disaster Council shall notify each party to such Part Three Section 1 Paqe 68 6/1980 BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 (operationaL plans of tts approval, and shal a] so sen? copies of uch operational p lan? to other parties to this a?ree?ent ho did not part ici pate in such operational plans and ho are in the same area and affected by such operational plans. Such operational plans sha I be operative as to such other parties 20 days after receipt thereof unless ithin that time the party by resolution or notice iven to the State Pisaster Council in the same manner, as not ice of termination of participation in this agreement, declines to participate in the particular operational plan. b) State-wide and regional rnutual aid operational plans shall be approved by the State Disaster Council and copies thereof shal forthwith be sent to each and every party affected by such operationa? plans Such operational plans shall be operative as to the parties affected thereby 20 days after receipt thereof unless within that time the party by resol tion or notice iven to the State Disaster Counci In the same manner as notice of terinination of participation in this a?reement, declines to participate in the particular operational plan. c) The declination of one or more of the parties to participate in a part icu ar operational plan or any amendment, revision, or modific?tion thereof, shall not affect the operation of thi? a?reement and the other operational plans adopted pursuant thereto d) Any party may at any tirne by resolution or notice giver to the tate Disaster Council in the same manner as not ice of ter?ination of participation in this agreement, decline to part?cipate in any particular operational plan, which declination shal I become effective 20 days after filing with the State Disaster Council e) The State Disaster Council shal I send copies of al 1 operational plans to those state departments and agencies designated by the Co?ernor. The Cove mor ma',), upon beha If of any depart?ent or agency, give not ice that suth departnent or agency dec ines to participate in a particular operational plan. f) The State IDisaster Counci 1 in sending copies of operational plans and other notices and information to the parties to this agree?ent shal I send copies to the GOvernOr and any department or agency head designated by him; the chairman of the board of supervisors, the cler? of the board of supervisors, and County Disaster Counci nd an\ other ol ficer designated by a county,' the r?ayor, the clerk of the city coun ci 1, the City I?isaster CoI?nci I, and any other officer designated 1'y a city; the executi'e head, the clerk of the overning ody, or other olficer of other political subdivisions and publ?c agencies as designated by such p.? rt i e S. his agree?ent shall beco?e effective as to each party when ap?roved or executed by the party, and shal remain operative and Part Three Secticri 1 6/19?0 Pa9e 69 BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 ( effective as between each and every party that has heretofore or hereafter approved or xecuted this agreement, unti participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this a?reement shall not: affect the operation of this agreement as between the other parties thereto. Upon approval or execution of this agreement the State Disaster Council shal send cop?es of all approved and existing njutual aid operational plans affecting such party which shall become operative as to such party 20 days after receipt thereof unless within that time the * party by resolution or notice given to the State Disaster Council, in the same manner as not ice of termination of participation in this agreement, declines to participate in any partycular operational plan. The State * tisaster Council shall keep every party currently advised of who the other parties to this agreement are and whether any of them has declined to participate in any particular operational plan. 9. Approval or execution of this agreement shall be as follows: a) The Governor shall execute a copy of this agreement on behalf of the State of California and the various departments and agencies thereof. Upon execution by the Governor a signed copy shall forthwith be filed with the State Disaster Council. b) Counties, cities, and other political subdivisions and public agencies having a legislative or governing body shall by resolution approve and agree to abide by this a?reernent, which may be designated. as CALIFO??lA DISASTE? AND CIVIL DEFENSE MASTER MUTUAL AID AGRE?MENT." Upon adoption of such a resolution, a certified copy thereof shall forthwith be filed with the State Disaster Council. c) The executive head of those political subdivisions and public agencies having no legislative or governing body shal? execute a copy of this agreement and forthwitb file a signed copy with the State Disaster Council. 10. Termination of p?rticipation in this agreement may be effected by any party as follows: a) The Governor, upon behalf of the State and its various departments and agencies, and the executive he?d of those po? itical subdivisions and public agencies having no le?islative or governing body, shall file a written notice of ter?ination of participation in this agreement with the State Disaster Council and this agreement is termi?ated as to such party 20 days after the filing of such notice. Part Three Section 1 6/1980 Pa9e 70 BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 ( b) CounLies, cities, and. otber pol?tical subdivisions and public agencies having a tegislative or governing body shall by resolution give notice of termination of participation in this agreeTnent and file a certified copy of such resolution with the State iSaster Council, and this a?reement is ter?inated as to such party 20 days after the fi?ing of such resolution. IN ITNLSS EPE0F this agreeTnent has been executed and approved and is effective and operative s to each of the parties as herein provided. Isigned? EARL wAR?EN GOVERNOR On behalf of the State of California a?d all its I)e- partments and Agencies ATTEST: Isigned! FPAN( M. J0?DAN November 15, 1950 Secretary of State CREAT SEAL) NOTE: There are references in the foregoin? agreement to the California isaster Act, State Disaster Council, nd various sections of the Military and Veterans Code. Effective November 23, 1970, by enact?ent of Chapter l45?, Statutes 1970, Lhe California r)isaster Act Sections 1500 ff., ilitary and Veterans Code) as superseded by the California E?ergency Services Act Sections 5O ff? C;overnment Code), and the State Disaster Council was superseded by the California Emergency Council. Section 566? of the California Emergency Services Act provides: a) Any disaster council previously accredited, the State Civil Defense and Disaster plan, the State Ernergency Resources anagei-?.ent Plan, the State Fire Disaster Plan, the State Law Enforcement Mutual Part Three Section 1 6/1980 age 71 BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02 ( id F?an, previous?y approved civil defense and disaster plans, all mutual aid agreements and *a? i docurnents and agreements existing as of the effective date of this chapter, sbal? rerr?ain in full force and effect ntil revised, arnended, or revoked in accordance with the provis?on? cf this chapter. In addition, Section 8561 of the new act spec?fica?ly provides: aster tual Aid Agreernent' means the California Dis?ster and Civil Defense Master Mutual Aid A?reernent, made and entered into by and between the State of California, its various departments and agencies, and the various political subdivisions of the state, to acilitate implementation of the purposes of this chapter. Substantially the sarne provisions as previously contained in Section 15?1, l56?, 1586 and 15?7 of. the 1.l?tary and Veterans Code, referred to in th? fore?oing agreeTnent, are now contained in S?ct ions 8.633, P.61?, 8652 and 8653, respectively, of the Government Code. part nree Section 1 Pa?e 72 6/?98O BIB] 05-01-1996-U01 09:14:28AM-U01 CCRES-U02 84-U02 05-U02