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CC RESOLUTION 3808RESOLUTION NO. 3808 SECTION 1. The City Council of the City of El Segundo does hereby approve that certain agreement entitled Mutual Aid Operational Plan and authorizes the Mayor to enter into said agreement on behalf of the city, substantially in the form attached as Exhibit A. SECTION 2. The City Council does hereby authorize the Chief of Police of the City of E1 Segundo to act as exclusive representative of the City in the administration and execution of • such agreement. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th Ma ATTEST. � � f CiAdy Mor sen, City Clerk (SEAL) APPROVED AS TO FORM: . By City Attorney of thety o Cal fornia , 1993. J joa;R- Mutual.Aid A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE • MUTUAL AID OPERATION PLAN AGREEMENT. WHEREAS, it is desirable and necessary to furnish supplemental public safety services to other agencies located within the County of Los Angeles in the event of local peril, local emergency, local disaster, civil disturbance, or in such other cases where the need may arise; and WHEREAS, the City Council of the City of El Segundo hereby determines that public interest and necessity requires mutual aid and such agreement as are authorized by Section 8615, 8617 and 8668 of the Government Code and in accordance with the provisions of the California Disaster and Civil Defense Mutual Aid Agreement. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AS FOLLOWS: SECTION 1. The City Council of the City of El Segundo does hereby approve that certain agreement entitled Mutual Aid Operational Plan and authorizes the Mayor to enter into said agreement on behalf of the city, substantially in the form attached as Exhibit A. SECTION 2. The City Council does hereby authorize the Chief of Police of the City of E1 Segundo to act as exclusive representative of the City in the administration and execution of • such agreement. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th Ma ATTEST. � � f CiAdy Mor sen, City Clerk (SEAL) APPROVED AS TO FORM: . By City Attorney of thety o Cal fornia , 1993. J joa;R- Mutual.Aid EXHIBIT "A" MUTUAL AID OPERATIONAL PLAN 9 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 41 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 plan 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 duly 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 0 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 plan 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 plan 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 plan to so agree; and WHEREAS, it is expressly understood that this plan 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. 0 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 plan in the event of local peril, local emergency , local disaster, civil disturbance and such other occasions as may arise. 3. The mutual aid extended under this plan and the operation orders adopted pursuant to this plan shall be without reimbursement unless otherwise expressly provided for by the parties to this plan 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 operation of such mutual aid operations plan. 5. That nothing contained in this plan shall require or relieve any party hereto from the necessity and obligation of furnishing adequate protection to 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 plan 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. -e. Each member agency shall be solely liable for any and all damages, including attorney's fees, resulting form 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 plan or any amendment, revision, or modification thereof, shall not affect the operation of this plan nor operation orders adopted pursuant thereto insofar as the validity of the plan pertains to the signatory parties. 10. This plan 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 plan until participation in this plan is terminated by the party. The termination by one or more of the parties of its participation in this plan shall not affect the operation of this plan as between the other parties thereto. 11. Termination of participation in this plan may be effected by any party by giving notice of said termination of participation in this plan to the public agencies, a party hereto, and this plan shall be terminated as to such party twenty (20) days after the filing of such - resolution. IN WITNESS WHEREOF this operational plan has been executed and approved and is effective and operative as to each of the parties as herein provided. 40 40 E- I El STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS 00 CITY OF EL SEGUNDO I, Frank Meehan, Acting City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 3808 was duly passed and adopted by the said City. Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16th day of March, 1993, and the same was so passed and adopted by 40 the following vote: AYES: Mayor Jacobson, Mayor ProTem Wise, and Councilmen West, Switz and Robbins. NOES: None ABSENT: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 26th day of March, 1993. �J L� CINDY ORTESEN City Clerk of the City of El Segundo, California (SEAL)