CONTRACT 1207 Joint Powers AgreementW14 �, tqiu �J
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MUTUAL AUDAND JU[NT POWERS AGREEMENT
,n.iis AGRKEMENT.r.o.ade and entered into by and between the
corporations azid political subdivisions of EL SEGUNDO,
GARDENA, HAWTHORNE, HERMOSABEACH, INGLEWOOP, LAWNDALE,
LOMY17A, MANHATTAN BEACH, PAL OS VERDES ESTATES, REDONDO
BEACH, ROLLINGHILLS, ROLLINGHILLS ESTATES and TORRANCE
located Mthin operational Area G of the Civ:U Defense B.egion. I of the State
of Calif(= a, which now or hereafter become signatories hereto:
W` I T N E S SE T'H:
VVITEREAS, it is necessary mid desirable that the resources,
personxael,, equipment and. facilities of any ane party to this agree.r--nent be
made a-vailahle to ar-y ,,.)the.r party to prevent, combat, or eliminate a
probable, -�rnniknent, or act-aal threat to life or property resulting fro:r.n a
local peril, local emergency, local disaster, or c-,.'v--'l disturbance, in the
absence of a duly proclaimed "state of extreme emergexicy" or ''state of'
dJsaster," and to render rnutz;..al and supplenientary police protect4,on one
to the other as the rieedniay arl 's e; P-rd
WHEREAS, extensive loss of life and property may be pre-
cluded by the Eminediate and adequate response of the forces of local govern-
mevat to what are ormay be distarbances and disasters.; and
WHEREAS, the parUes sign.atory to this agreement are all lo--
cated within. the operational Area G of the Civil Defense Region I of the
State of Califorx.Aa, or hai7e assigned responsibilities within the Aar -ea, arid,
therefore, ha�7e mutua2 interests and objectives to accomplish with reference
to the preservation and protect.'orn of life and P:nxjerty within said Area G; and
WHEREAS, the pa t".es sig-natory to [Jiis agreement are all :re-
spectively public agencies with the powers to Provide for comm. on.. defense,
and the poirver to act in case of emezgency mc, disastex, are all powers common
to the parties signatory hereto; and
WHEREAS, tinder the provisions of the Government Code of the
State of California, Sec. 55630 et seq...-, Sec. 55632 "The legislative body of'
any local agency may contract with any other local agency for the furnish-
irg of supplementary fire or police protection to such other local agency."
such statute haying been interpreted that a general law city may agree or
contract with other cities to render mutual police protection (32 Ops. Atty.
Gen. 223); and pursuant to Article 1 of Chapter 5, Division 7, Title 1 of
the Government Code, Joint Powers Agreements; and other laws of the
State of California, power is given to 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 par -ties hereto providing for the exchange
or furnishing of certain types of facilities and services on a reimbursable
exchange or other basis, not to supplant ti-p- maalatory agreements required
by law in the event of a duly proclaimed emergency, however, it is the in-
tent to supplement any or all agreements not in effect between or among
the parties hereto for the purpose of providing mutual aid.
NOW, THEREFORE, IT IS HEREBY AGREED by and between
each and all of the parties hereto as follows:
1. Each public agency signatory hereto agrees to furnish
supplementary police protection to the other public agencies signatory to
this agreement in the event of local peril, local emergency, local disaster,
civil dist bance and such other occasions as the need may arise, and
authority is hereby glillen to the police officers of all signatory public
agencies by and between each to enforce all laws and take all police action
in cases involving the safety of life or property®
2. It further is covenanted and agreed by and between the
parties hereto that when a police agency of any of the signatory cities has
knowledge or information pertaining to an incident necessitating police
action or law enforcement within the jurisdiction of another city, that the
police agency of the city so acquiring said information immediately shall
notify the police agency in which the incident arose or occurred, and then
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shall have authority to proceed to the scene of the incident and upon
arriving at the scene of the incident may exercise jurisdiction of the
occurrence to its conclusion.
3. Each party signatory hereto shall develop a plan pro-
viding for the effective mobilization of its police resources, and the
strategy and tactics to be employed in the maintenance of peace and order,
such plan to be made available to the Chiefs of the respective police depart-
ments. Such other plans and operation orders as may be necessary to
effectuate the purpose of this agreement are authorized to be made by the
respective responsible local officials.
4. The mutual aid extended under this agreement and the
operation orders adopted pursuant to this agreement shall be without reim-
bursement unless otherwise expressly provided for by the parties to this
agreement or as provided by law in the event of a duly proclaimed state
of extreme emergency or state of disaster, it being understood that the
respective covenants contained in this agreement shall constitute the
sole consideration for such services. Provided further that each party
hereto shall maintain a record of direct costs of labor and material fur-
nished pursuant to this agreement.
5. 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 operation of such mutual
aid plan.
6. It is mutually understood and agreed that nothing contained
in this agreement shall require or relieve any party hereto from the neces-
sity and obligation of furnishing adequate protection to life and property
within their own areas and no party shall be required to deplete unreasonably
his own resources, facilities, and services in furnishing such mutual aid.
7. Any services performed or expenditures made in connection
with the furnishing of assistance shall conclusively be presumed to be for the
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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.
8. 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.
9. It is the intent of this agreement that the employee or the
public entity by which he is employed has the same privileges, benefits,
rights, immunities and liabilities while rendering extra -territorial aid
as when rendering services within the territorial limits of their particular
jurisdiction. Provided, further, in the event that the responding party is
named as a codefendant or otherwise exposed to liability or claim because
of the acts or omissions of the employees or supervisory personnel of the
requesting party, then and in that event the requesting party shall indemnify
the responding party for such damage, including but not limited to defense
costs, as may be occasioned by the responding party.
10. The declination of one or more of the parties to partici-
pate in this agreement and operation orders or any amendment, revision,
or modification thereof, shall not affect the operation of this agreement
and operation orders adopted pursuant thereto insofar as the validity of
the agreement pertains to the signatory parties.
11. This agreement shall become effective as to each party
when approved or executed by the party, and shall remain operative and
effective as between each and every party that has heretofore or here-
after 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.
12. Approval or execution of this agreement shall be by
resolution of the legislative body of the parties hereto approving and
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agreeing to abide by this agreement entitled Mutual Aid and Joint Powers
Agreement. Upon adoption of such a resolution, a certified popy thereof
shall forthwith be filed with the Clerk of the public agencies a party thereto.
13. Termination of participation in this agreement may be
effected by any party by a resolution of the legislative body of said public
agency giving notice of termination of participation in this agreement to
the Clerk of the cities or public agencies a party hereto and this agreement
is terminated as to such party twenty (20) days after the filing of such reso-
lution.
IN WITNESS WHEREOF this agreement has been executed and
approved and is effective and operative as to each of the parties as herein
provided.
ATTEST:
19
t ity M,erk
(SEAL)
CITY OF EL SEGUNDO, CALIFORNIA
ar,
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