State of California - Mutual Aid Cooperative Agreement Nov 1950 CALIFORNIA
DISASTER AND CIVIL DEFENSE
MASTER MUTUAL AID AGREEMENT
This agreement made and entered into by and between the STATE OF CALIFORNIA, its
various departments and agencies, and the various political subdivisions, municipal corporations,
and other public agencies of the State of California;
WITNESSETH:
WHEREAS, it is necessary that all of the resources and facilities of the State, its various
departments and agencies, and all its political subdivisions, municipal corporations, and other
public agencies be made available to prevent and combat the effect of disasters which may result
from such calamities as flood, fire, earthquake, pestilence,war, sabotage, and riot; and
WHEREAS, it is desirable that each of the parties hereto should voluntarily aid and assist each
other in the event that a disaster should occur, by the interchange of services and facilities,
including, but not limited to, fire, police,medical and health, communication, and transportation
services and facilities,to cope with the problems of rescue,relief, evacuation, rehabilitation, and
reconstruction which would arise in the event of a disaster; and
WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the
interchange of such mutual aid on a local, countywide,regional, statewide, and interstate basis;
NOW, THEREFORE,IT IS HEREBY AGREED by and between each and all of the parties
hereto as follows:
1. Each party shall develop a plan providing for the effective mobilization of all 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 prevent and combat any type of disaster
in accordance with duly adopted mutual aid operational plans,whether heretofore
or hereafter adopted, detailing the method and manner by which such resources,
facilities, and 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 required to deplete
unreasonably its own resources, facilities, and services in furnishing such mutual
aid.
3. It is expressly understood that this agreement and the operational plans 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, but that the
mutual aid extended under this agreement and the operational plans adopted
pursuant thereto, shall be without reimbursement unless otherwise expressly
1
.
provided for by the parties to this agreement 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 of such magnitude that it is, or is likely 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 peril or emergency and in all cases in which a STATE OF
EXTREME EMERGENCY 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
"California Disaster Act"and other applicable 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 including the direction of such personnel and equipment provided
him through the operation of such mutual aid plans." (Section 1564, Military and
Veterans Code.)
6. It is expressly understood that when and as the State of California enters into
mutual aid agreements with other states and the Federal Government, the parties
to this agreement shall abide by such mutual aid agreements in accordance with
the law.
7. Upon approval or execution of this agreement by the parties hereto all mutual 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 follows:
a. Countywide and local mutual aid operational plans shall be developed by
the parties thereto and are operative as between the parties thereto in
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
operational plans of its approval, and shall also send copies of such
operational plans to other parties to this agreement who did not participate
in such operational plans and who are in the same area and affected by
such operational plans. Such operational plans shall be operative as to
such other parties 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 notice of termination of participation in this agreement,
declines to participate in the particular operational plan.
2
b. Statewide and regional mutual aid operational plans shall be approved by
the State Disaster Council and copies thereof shall forthwith be sent to
each and every party affected by such operational 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 resolution or notice
given to the State Disaster Council, in the same manner as notice of
termination of participation in this agreement, declines to participate in the
particular operational plan.
c. The declination of one or more of the parties to participate in a particular
operational plan or any amendment, revision or modification thereof, shall
not affect the operation of this agreement and the other operational plans
adopted pursuant thereto.
d. Any party may at any time by resolution or notice given to the State
Disaster Council, in the same manner as notice of termination of
participation in this agreement, decline to participate in any particular
operational plan,which declination shall become effective 20 days after
filing with the State Disaster Council.
e. The State Disaster Council shall send copies of all operational plans to
those state departments and agencies designated by the Governor. The
Governor may, upon behalf of any department or agency, give notice that
such department or agency declines to participate in a particular
operational plan.
f. The State Disaster Council, in sending copies of operational plans and
other notices and information to the parties to this agreement, shall send
copies to the Governor and any department or agency head designated by
him;the chairman of the board of supervisors,the clerk of the board of
supervisors,the County Disaster Council, and any other officer designated
by a county;the mayor,the clerk of the city council,the City Disaster
Council, and any other officer designated by a city; the executive head,the
clerk of the governing body, or other officer of other political subdivisions
and public agencies as designated by such parties.
8. 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 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. Upon approval or execution of this agreement the State Disaster Council
shall send copies of all approved and existing mutual aid operational plans
affecting such party which shall become operative as to such party 20 days after
3
t
receipt thereof unless within that time the party by resolution or notice given to
the State Disaster Council, in the same manner as notice of termination of
participation in this agreement, declines to participate in any particular
operational plan. The State Disaster 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 agreement,which may be designated as
"CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL
AID AGREEMENT " 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 shall execute a copy of this
agreement and forthwith file a signed copy with the State Disaster
Council.
10. Termination of participation in this agreement may be effected by any party as
follows:
a. The Governor on behalf of the State and its various departments and
agencies, and the executive head of those political subdivisions and public
agencies having no legislative or governing body, shall file a written
notice of termination of participation in this agreement with the State
Disaster Council and this agreement is terminated as to such party 20 days
after the filing of such notice.
b. Counties, cities,and other political subdivisions and public agencies
having a legislative or governing body shall by resolution give notice of
termination of participation in this agreement and file a certified copy of
such resolution with the State Disaster Council, and this agreement is
terminated as to such party 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.
4
Signed by: EARL WARREN
GOVERNOR
On behalf of the State of California and all its
Departments and Agencies
ATTEST:
November 15, 1950 Signed by: FRANK M. JORDAN
SECRETARY OF STATE
lu RIK;
/At e...44 `
10 '-'1411‘4.'
q.
IAA
410, p
,'111, ' Q.
tti4
Li FOR ,
5
•
Note:
There are references in the foregoing agreement to the California Disaster Act, State Disaster
Council, and various sections of the Military and Veterans Code. Effective November 23, 1970,
by enactment of Chapter 1454, Statutes 1970,the California Disaster Act(Sections 1500 ff.,
Military and Veterans Code)was superseded by the California Emergency Services Act
(Sections 8550 ff., Government Code), and the State Disaster Council was superseded by the
California Emergency Council.
Section 8668 of the California Emergency Services Act provides:
(a) Any disaster council previously accredited,the State Civil Defense and Disaster Plan,the
State Emergency Resources Management Plan,the State Fire Disaster Plan,the State
Law Enforcement Mutual Aid Plan, all previously approved civil defense and disaster
plans, all mutual aid agreements, and all documents and agreements existing as of the
effective date of this chapter, shall remain in full force and effect until revised, amended,
or revoked in accordance with the provisions of this chapter.
In addition, Section 8561 of the new act specifically provides:
"Master Mutual Aid Agreement" means the California Disaster and Civil Defense Master
Mutual Aid Agreement,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
facilitate implementation of the purposes of this chapter.
Substantially the same provisions as previously contained in Section 1541, 1564, 1586
and 1587 of the Military and Veterans Code, referred to in the foregoing agreement, are
now contained in Sections 8633, 8618, 8652 and 8643, respectively, of the Government
Code.
6