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HomeMy WebLinkAboutAgreementCounty of San Diego Operational Area Building Safety Inspection Mutual. Aid Agreement This Mutual Aid Agreement is made and entered into by those parties who have adopted and signed this agreement. WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Planning and Development Services, and twelve (12) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Building Safety Inspection Mutual Aid Agreements throughout the County of San Diego; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's building inspectors and engineers to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, all parties must use the Standardized Emergency Management System (SEMS) in order to be eligible for possible state funding of response -related personnel costs pursuant to activities identified in the California Code of regulation; In consideration of the conditions and covenants contained herein, the parties agree as follows: 1. For this Agreement, the following terms shall be ascribed the following meanings: a, "Coordinator" shall mean the person designated by each party td act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, County of San Diego Operational Area Building safety Inspection Mutual Aid Agreement transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Area" for the coordination of Building Safety Inspection Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different building safety inspection operational area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 17 hereinafter. 3. When a local emergency has been proclaimed by a party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities are available without jeopardizing the safety of persons cr property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the resources provided by the assisting• party. The requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. The requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Payment may be delayed if agreed upon by both parties. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the assisting party. 8. DEFENSE AND INDEMNIFICATION 8.1 Claims Arising from Sole Acts or Omissions of a Party Each Party to this MOU hereby agrees to defend and indemnify the other Parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of this MOU. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 8.2 Claims Arising From Concurrent Acts or Omissions The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4 below. 8.3 Joint Defense Notwithstanding paragraph 8.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of said Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 8.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. 8.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties. Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 9, This agreement shall in no way abrogate or waive any of the immunities available under Federal, State and local law and regulations, including but not limited to the California Emergency Services Act, Government Code sections , et, seq. 10.When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose. 11. This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 12 Any party may withdraw from this agreement without cause upon delivery of ninety (90) day s prior written notice to the Agreement Coordinator designated in Paragraph 17 below. 13. To the extent that they are inconsistent with this agreement all prior agreements for Building Safety Inspection Mutual Aid between the parties are hereby null and void. 14. Requests for mutual aid assistance under this agreement when more than one city is impacted by a disaster will be channeled through the County of San Diego Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 15. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. The County of San Diego Planning and Development Services shall act as the initial Agreement Coordinator of this program for the purpose of: a. Receipt of new members to the agreement. b. Maintaining a current list of signatory parties and representatives. c. Circulating annually a list of all parties and representatives to all signatory parties. d. Arranging for amendments to agreement as may be necessary. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement The party acting as Agreement Coordinator may transfer these responsibilities to another party with the consent of that party and upon notification of the other parties to the agreement 18. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of San Diego Department of Planning and Development Services, addressed as follows: The San Diego County Planning and Development Services County of San Diego 5510 Overland Ave, Suite 110 San Diego, California 92123 Attention: Mutual Aid Coordinator County of San Diego Operational Area Building Safety Inspection Mutual Rid Agreement IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. This Mutual Aid Agreement may be executed in one or more counterlaarts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest Holly Crawford Director, Office of Emergency Services County of San Diego By: Date: Mark Wardlaw Director, Department Planning and Development Services County of San Diego By: Date: Ron Morrison Mayor City of National City By: Date: Approved as to form: [Name of Authorizer] Office of County Counsel County of San Diego By: Date: County of San Diego Operational Area Building Safety Inspections Mutual Aid Agreement