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This AGREEMENT is made and entered into by and between the libraries [whose chief executive officer, or the chief executive officer of the institution or agency to which the library belongs, has signed the AGREEMENT], hereinafter referred to as "parties" and is effective on the date executed.
Whereas, the parties hereto are libraries of agencies or institutions generally located in, or near, the Inland Empire; and
Whereas, the expertise and authority of the Disaster Recovery Coordinators and Disaster Recovery Teams of each party hereto to perform such services and to exercise such functions are limited by and may be performed only within the institution or agency employing them; and
Whereas, it would not be economical for any library, institution or agency, to purchase and store all of the supplies and equipment which would be needed to cope with a major disaster; and
Whereas, the parties hereto are desirous of providing mutual disaster recovery assistance beyond their own institution or agency; and
Whereas, it is contended that mutual disaster recovery assistance would be beneficial to all parties hereto:
NOW THEREFORE it is agreed as follows:
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date the first hereinabove written.
Executed by:
this ____ day of __________ 19__, _________________________
Library Director
Executed by:
this ____ day of __________ 19__, _________________________
Library Director
Executed by:
this ____ day of __________ 19__, _________________________
Library Director
April 26, 1989
Revised: April 16, 1990
This page last changed: January 27, 1997
GREATER BAY AREA LIBRARIES AND ARCHIVES
DISASTER RESPONSE NETWORK
Mutual Aid Agreement
This AGREEMENT is made and entered into by and between the institutions (whose chief executive officer or other authorized official has signed the AGREEMENT), hereinafter referred to as "parties" and is effective on the date executed.
RECITALS
Whereas, the parties hereto are institutions or agencies generally located in California State Library Region II; and
Whereas, the expertise and authority of the Disaster Recovery Coordinators and Disaster Recovery Teams of each party hereto to perform such services and to exercise such functions are limited by and may be performed only within the institution or agency employing them; and
Whereas, it would not be economical for any institution or agency to purchase and store all of the supplies and equipment which would be needed to cope with a major disaster; and
Whereas, the parties hereto are desirous of providing mutual disaster recovery assistance beyond their own institution or agency; and
Whereas, it is contended that mutual disaster recovery assistance would be beneficial to all parties hereto:
NOW THEREFORE it is agreed as follows:
1. The contracting parties will share the purchase of emergency supplies and equipment, needed for salvaging library materials and records following a localized emergency. These contributions would be through providing funds for purchase, through donation of previously purchased supplies/equipment, or through other in-kind contributions equivalent to funds as determined by the Steering Committee. These supplies will be considered the common property of the parties solely for emergency purposes.
2. Any party to this AGREEMENT may withdraw at any time, upon a thirty day written notice to each of the other parties, and thereafter, such withdrawing party shall no longer be a party of the AGREEMENT, but this AGREEMENT shall continue to exist among the remaining parties. None of the parties hereto shall incur any liability to the other by reason of such termination, nor shall the withdrawing party have claims to the supplies/equipment contributed through funds, purchase or otherwise.
3. The contracting parties are responsible for the cost and maintenance of storage containers. If a Network member housing a container withdraws from the Network, the container will be moved at the Network's expense. If the Network disbands the containers will be sold and the money pro-rated [based on size of the collection] and dispersed among the members.
4. In the event of any natural or man-made disaster which cannot be conveniently or expeditiously met with the emergency supplies held locally, upon request from its designated administrator or from its Disaster Recovery Coordinator, the affected party shall be given immediate access to the supplies in the store. And following the emergency, the party withdrawing supplies from the store will replace in kind within 30 days of removal.
5. Similarly in the event of any natural or man-made disaster which cannot be conveniently or expeditiously met with local emergency personnel, the other contracting parties hereto agree, upon request from the designated administrator or Disaster Recovery Coordinator, to furnish the aid of their Disaster Recovery Teams in coping with such situation to the party requesting such aid upon either an actual or standby basis. Such personnel will be provided at the option of the lending agency and may be denied without recourse to the requesting agency. The extent of the aid to be furnished under this agreement shall be determined solely by the party furnishing the aid, and it is understood that the aid so furnished may be recalled at the sole discretion of the furnishing party.
6. Disaster Recovery personnel of one party performing services at another agency or institution under this agreement shall be subject to the control, supervision and direction in such performance of administrative personnel designated for such purpose by the party for whose agency or institution the performance is rendered. Nothing herein, however, shall be construed as giving any authority to personnel of one party over personnel of another party with respect to standards of performance, advancement, compensation and discipline of personnel or similar administrative matter.
7. Employees furnished by a lending party pursuant to this AGREEMENT shall be considered to be acting for their employer in pursuit of lawful duties, and any wages, salaries, compensation claims or other costs relating to their employment will be borne by the lending party.
8. No party to this agreement shall be required to pay any compensation to any other party to this AGREEMENT for services rendered hereunder, the mutual advantages and protection afforded by this AGREEMENT being considered adequate compensation to all of the parties.
9. Nothing contained in this AGREEMENT shall be construed to make any party hereto or any of its employees, the employee of any other party.
10. Each party to this agreement shall defend, indemnify and hold harmless all other parties to this Agreement from and against any and all liability, loss, expense, attorneys fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the party, its officers, agents or employees.
11. This contract expires in five years from date of signing.
12. Should all the parties to the AGREEMENT determine that the Greater Bay Area Libraries and Archives Disaster Response Network should be dissolved, the store of supplies will be disbursed to the parties involved in the same proportion as their respective contributions over the lifetime of the agreement, both in equipment and supplies, and in storage costs. All equipment and supplies contributed in kind in lieu of purchase will be returned to the parties which provided them originally, with their assumed value being the fair contribution. All remaining jointly-purchased equipment and supplies will be distributed on a pro-rated basis, with the values of in-kind contributions being included in the distribution determination.
13. Each party to this AGREEMENT agrees to furnish mutual aid to affiliates of the mutual aid network known as the FEDERAL LIBRARIES AND RECORDS DISASTER RESPONSE NETWORK under the same terms enunciated in paragraphs 1 through 12 above, except that, with respect to paragraph 1, the National Archives and Records Administration will retain ownership of its supplies stockpile and container which it is making available to the members of both networks.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the date the first hereinabove written.
Executed by: [NAME OF INSTITUTION]
this ____ day of __________ 1996, __[signature] ___________
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