HomeMy WebLinkAbout2009 CON County of San Diego / Sheriff Dept - Law Enforcement Mutual AidNOTE TO FILE
IN THE MATTER OF: An Agreement by and between the
City of National City and the County of San Diego / Sheriff
Dept. for regional law enforcement mutual aid in case of an
emergency. (Police)
NO FULLY EXECUTED ORIGINAL AGREEMENT
HAS BEEN PROVIDED TO THE OFFICE
OF THE CITY CLERK AS OF
JANUARY 4, 2010.
NTF
COUNTY OF SAN DIEGO
REGIONAL LAW ENFORCEMENT
MUTUAL AID OPERATIONAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the Sheriff of the County
of San Diego and the agencies 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
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
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 of San Diego 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 agreement 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, The California Law Enforcement Mutual Aid Plan, and other laws of the State of
California, empower each of the parties to this agreement to so agree; and
WHEREAS, the California Law Enforcement Mutual Aid Plan is issued and revised
under the authority of Sections 8550, 8569, 8615 through 8619, and 8668 of the California
Government Code, the California Emergency Plan, and the Master Mutual Aid Agreement; and
WHEREAS, the California Law Enforcement Mutual Aid Plan delineates the current
State policy concerning law enforcement mutual aid; and
WHEREAS, the California Law Enforcement Mutual Aid Plan describes the standard
procedures used to acquire law enforcement mutual aid resources and the method to ensure
coordination of law enforcement mutual aid planning and readiness; and
WHEREAS, the county sheriff is the Operational Area Law Enforcement and Mutual
Aid Coordinator; and
WHEREAS, the California Law Enforcement Mutual Aid Plan provides, in pertinent
part, "When an emergency develops or appears to be developing which cannot be resolved by a
law enforcement agency within an Operational Area, it is the responsibility of the Operational
Area Mutual Aid Coordinator to provide assistance and coordination to control the problem;" and
WHEREAS, the California Law Enforcement Mutual Aid Plan provides, in pertinent
part, "A request for law enforcement mutual aid requires the approval of the chief law
enforcement officer of the requesting jurisdiction:" and
WHEREAS, in the event of a duly proclaimed emergency, the signatories agree to
document all mutual aid assistance costs related to a mutual -aid request and submit all records
and supporting documentation to the Sheriff of the County of San Diego as soon as practicable;
and
WHEREAS, it is expressly understood that this agreement and the operation orders
adopted pursuant thereto shall not supplant existing agreements between any and or all parties
Page 2 016
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.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the
signatory agencies hereto as follows;
l . The Sheriff of the County of San Diego and the signatory agencies hereto may
engage in joint efforts which shall be governed by the terms and conditions set forth by the
participating agencies.
2. The Sheriff of the County of San Diego and the signatory agencies hereto may
furnish supplementary public safety services to other public agencies who are not a signatory to
this agreement 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 agreement and the operation orders adopted
pursuant to this agreement shall be without reimbursement unless otherwise expressly provided
for by the parties to this agreement 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 agreement.
5. That nothing contained in this agreement 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 signatory party requesting the assistance and for the direct benefit of all the
inhabitants of area.
rage 3of6
7. 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.
8. The declination of one or more of the signatory parties to participate in this
agreement or any amendment, revision, or modification thereof, shall not affect the operation of
this agreement nor operation orders adopted pursuant thereto insofar as the validity of the
agreement pertains to the signatory parties.
9. This agreement 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 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.
10. Termination of participation in this agreement may be effected by any party by
giving written notice of said termination of participation in this agreement to the public agencies,
a party hereto, and this agreement shall be terminated as to such party thirty (30) days after the
filing of such resolution.
11. County of San Diego and the signatory agencies hereto agree the Sheriff of the
County of San Diego shall, in the case of a declared emergency, facilitate reimbursement of all
reasonable costs associated with the signatory parry's law enforcement mutual aid assistance as
provided by law.
Paw 4HofG
IN WITNESS WHEREOF the parties hereto have executed this Agreement on this
day of
CARLSBAD ' : ICE DEPARTMENT
VL
Zoll, Chief
OCEANSIDE POLICE DEPARTMENT
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, 2001.
Frank McCoy, Chief
CHULA VISTA POLICE DEPARTMENT
Richard P. Emerson, Chief
NATIONAL CITY POLICE DEPARTMENT
,1- �d✓Ja.GA�
Adolfo Gonzale3 Chief
ESCONDIDO POLICE DEPARTMENT C 1 NADO POLICE DEPARTMENT
Maher, Chief
Lou Scanlon, Chief
BUREAU of INVESTIGATIONS UNIFIED PORT of SAN DIEGO
SAN DIEGO COUNTY DISTRICT ATTORNEY HARBOR POLICE DEPARTMENT
Paula Robin Chief Kirk Sanfil
EL C N POLICE DEPARTMENT
dr I
Pat Sprrco, Chief
11.
SAN DIEGO POLICE DEPARTMENT
Page 5 of 6
LA MESA POLICE DEPARTMENT
Alan Lanning, Chief
COUNTY of SAN DIEGO SHERIFF'S
DEPARTMENT
/William B. Kolender, Sheriff
SAN DIEGO COUNTY PROBATION
DEPART
11"-/-;
Mack Je kins, hief
as to form and legality:
GO COUNTY COUNSEL
William L. Pettingill, Senior Deputy
Page 6ot6
DAP9523.6
FEMA
DISASTER ASSISTANCE POLICY
1. TITLE: Mutual Aid Agreements for Public Assistance and
Fire Management Assistance
II. DATE: AUG 13, 2007
III. PURPOSE:
This policy specifies criteria by which the Federal Emergency Management Agency (FEMA) will
recognize the eligibility of costs under the Public Assistance (PA) Program and the Fire
Management Assistance Grant (FMAG) Program incurred through mutual aid agreements
between applicants and other entities.
IV. SCOPE AND AUDIENCE:
This policy is applicable to all major disasters, emergencies, and fire management assistance
declarations declared on or after the date of this policy. This policy is intended for personnel
involved in the administration of the PA and the FMAG programs.
V. AUTHORITY:
This policy applies to emergency work authorized under Sections 403, 407, 420, and 502, of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121-
5206, and the implementing regulations of 44 CFR § 204 and § 206.
VI. BACKGROUND:
Many State, Tribal, and local governments and private nonprofit organizations enter into
mutual aid agreements to provide emergency assistance to each other in the event of disasters
or emergencies. These agreements often are written, but occasionally are arranged verbally
after a disaster or emergency occurs. This policy addresses both written and verbal mutual aid
agreements and the eligibility of costs under the Emergency Management Assistance Compact
(EMAC).
The National Incident Management System (NIMS) maintains that states should participate in
these agreements and should look to establish intrastate agreements that encompass all local
jurisdictions. The Incident Management Systems Division will be responsible for developing a
national system of standards and guidelines as described in the NIMS as well as the preparation
of guidance to assist agencies in implementing the system. This policy supports the NIMS by
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FEMA
DAP9523.6
DISASTER ASSISTANCE POLICY
establishing standard criteria for determining the eligibility of costs incurred through mutual
aid agreements.
VII. POLICY:
A. Terms Used in this Policy:
1. Backfill. Replacement personnel who perform the regular duties of other
personnel while they are performing eligible emergency work under the PA or FMAG
programs.
2. Declared Emergency or Major Disaster. An emergency or major disaster as defined
at 44 CFR § 206.2 (a)(9) and (17), respectively.
3. Declared Fire. An uncontrolled fire or fire complex, threatening such destruction
as would constitute a major disaster for which the Disaster Assistance Directorate Assistant
Administrator has approved a declaration in accordance with the criteria listed in 44 CFR §
204.21.
4. Emergency Management Assistance Compact (EMAC). This type of interstate
mutual aid agreement allows states to assist one another in responding to all kinds of natural
and man-made disasters. It is administered by the National Emergency Management
Association (NEMA).
5. Incident Commander. The ranking official responsible for overseeing the
management of emergency or fire operations, planning, logistics, and finances of the field
response.
6. Providing Entity. The entity providing mutual aid assistance to a Requesting
Entity pursuant to a local or statewide mutual aid agreement.
7. Requesting Entity. An entity that requests mutual aid assistance from a Providing
Entity for emergency work resulting from a declared fire, emergency or major disaster within
its legal jurisdiction. The requesting entity is eligible to receive FEMA assistance for the eligible
mutual aid activities performed by the providing entities.
8. Infra -state Mutual Aid. Mutual Aid that supports local and regional mutual aid
efforts within a State as well as regional mutual aid agreements and compacts involving local
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FEMA
DISASTER ASSISTANCE POLICY
DAP95 23.6
jurisdictions that cross State boundaries, or are adjacent to a neighboring State (i.e. Kansas City,
Kansas/Kansas City, Missouri , etc.).
9. Inter -state Mutual Aid. Mutual Aid that supports national mutual aid efforts
requested directly between two or more States or territories through established Multi -agency
Coordination Systems as directed by approved mutual aid agreements or compacts (i.e.
EMAC), etc.
B. General:
1. To be eligible for reimbursement by FEMA, the mutual aid assistance should
have been requested by a Requesting Entity or Incident Commander; be directly related to a
Presidentially -declared emergency or major disaster, or a declared fire; used in the performance
of eligible work; and the costs must be reasonable.
2. FEMA will not reimburse costs incurred by entities that "self -deploy" (deploy
without a request for mutual aid assistance by a Requesting Entity) except to the extent those
resources are subsequently used in the performance of eligible work at the request of the
Requesting Entity or Incident Commander.
3. The reimbursement provisions of a mutual aid agreement must not be contingent
on a declaration of an emergency, major disaster, or fire by the Federal government.
4. This policy is applicable to all forms of mutual aid assistance, including
agreements between Requesting and Providing Entities, statewide mutual aid agreements, and
the mutual aid services provided under the EMAC.
C. Pre -Event Written Mutual Aid Agreements.
FEMA recognizes mutual aid agreements between Requesting and Providing Entities, and
statewide mutual aid agreements wherein the State is responsible for administering the claims
for reimbursement of Providing Entities. In addition, FEMA recognizes the standard EMAC
agreement as a valid form of mutual aid agreement between member states.
1. FEMA encourages parties to have written mutual aid agreements in place prior
to a declared fire, emergency, or major disaster.
a. When a pre -event written agreement exists between a Requesting Entity and
a Providing Entity, the Providing Entity may be reimbursed through the Requesting Entity. In
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DAP9523.6
FEMA
DISASTER ASSISTANCE POLICY
these circumstances, the Requesting Entity should claim the eligible costs of the Providing
Entity, pursuant to the terms and conditions of the mutual aid agreement and the requirements
of this policy, on its subgrant application, and agree to disburse the Federal share of funds to
the Providing Entity.
b. When a statewide pre -event mutual aid agreement exists that designates the
State responsible for administering the reimbursement of mutual aid costs, a Providing Entity
may apply, with the prior consent of the Requesting Entity, for reimbursement directly to the
Grantee, in accordance with applicable State law and procedure. In such cases, the Providing
Entity should obtain from the Requesting Entity the certification required in section H. (3) of
this policy and provide it to the State as part of its reimbursement request.
2. FEMA encourages parties to address the subject of reimbursement in their
written mutual aid agreements. FEMA will honor the reimbursement provisions in a pre -event
agreement to the extent they meet the requirements of this policy.
3. When a pre -event agreement provides for reimbursement, but also provides for
an initial period of unpaid assistance, FEMA will pay the eligible costs of assistance after such
initial unpaid period.
4. When a pre -event agreement specifies that no reimbursement will be provided
for mutual aid assistance, FEMA will not pay for the costs of assistance.
D. Post -Event Mutual Aid Agreements.
1. When the parties do not have a pre -event written mutual aid agreement, or
where a written pre -event agreement is silent on reimbursement, the Requesting and Providing
Entities may verbally agree on the type and extent of mutual aid resources to be provided in the
current event, and on the terms, conditions, and costs of such assistance.
2. Post -event verbal agreements must be documented in writing and executed by
an official of each entity with authority to request and provide assistance, and provided to
FEMA as a condition of receiving reimbursement. The agreement should be consistent with
past practices for mutual -aid between the parties. A written post -event agreement should be
submitted within 30 days of the Requesting Entity's Applicant's Briefing.
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FEMA
DISASTER ASSISTANCE POLICY
DAP9523.6
E. Force Account Labor Costs.
1. The straight- or regular -time wages or salaries of a Requesting Entity's
permanently employed personnel performing or supervising emergency work are not eligible
costs, pursuant to 44 CFR § 206.228(a)(4), and § 204.43(c), even when such personnel are
reassigned or relocated from their usual work location to provide assistance during an
emergency. Overtime costs for such personnel are eligible and may be submitted as part of a
subgrant application.
2. The labor force expenses of a Providing Entity will be treated as contract labor,
with regular time and overtime wages and certain benefits eligible, provided labor rates are
reasonable. The labor force expenses of the Providing Entity will not be treated as contract
labor if the labor force is employed by the same local or State government as the Requesting
Entity.
3. In circumstances where a Providing Entity is also an eligible applicant in its own
right, the determination of eligible and ineligible costs will depend on the capacity in which the
entity is incurring costs. As stated in paragraphs E(1) and (2), an applicant's straight -time
wages are not eligible costs when the applicant is using its permanently employed personnel for
emergency work in its own jurisdiction.
4. Requesting and Providing Entities may not mutually deploy their labor forces to
assist each other so as to circumvent the limitations of paragraph E(1) or (2) of this policy.
5. The straight- or regular -time wages or salaries for backfill personnel incurred by
Providing Entities are not eligible for reimbursement. However, the overtime portion of the
replacement personnel's salary is considered an additional cost of deploying personnel who
perform eligible work and is eligible for reimbursement under this policy.
F. Types of Mutual Aid Work
There are two types of mutual aid work eligible for FEMA assistance: Emergency Work and
Grant Management Work. Both are subject to the eligibility requirements of the respective PA
and FMAG programs:
1. Emergency Work. Mutual aid work provided in the performance of emergency
work necessary to meet immediate threats to life, public safety, and improved property,
including firefighting activities under the FMAG program, is eligible.
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FEMA
DAP95 23.6
DISASTER ASSISTANCE POLICY
a. Examples of eligible emergency work include:
(i) Search and rescue, sandbagging, emergency medical care, debris
removal;
(ii) Reasonable supervision and administration in the receiving State that
is directly related to eligible emergency work;
(iii) The cost of transporting equipment and personnel by the Providing
Entity to the incident site, subject to the requirements of paragraphs B(1), (2) and (3) of this
policy;
(iv) Costs incurred in the operation of the Incident Command System
(ICS), such as operations, planning, logistics and administration, provided such costs are
directly related to the performance of eligible work on the disaster or fire to which such
resources are assigned;
(v) State Emergency Operations Center or Joint Field Office assistance in
the receiving State to support emergency assistance;
(vi) Assistance at the National Response Coordination Center (NRCC), and
Regional Response Coordination Center (RRCC), if requested by FEMA (labor, per diem and
transportation);
(vii) Dispatch operations in the receiving State;
(viii) Donations warehousing and management (eligible only upon
approval of the Assistant Administrator of the Disaster Assistance Directorate);
the Act.
(ix) Firefighting activities; and,
(x) Dissemination of public information authorized under Section 403 of
b. Examples of mutual aid work that are not eligible, include:
(i) Permanent recovery work;
(ii) Training, exercises, on-the-job training;
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DAP9523.6
FEMA
DISASTER ASSISTANCE POLICY
(iii) Long-term recovery and mitigation consultation;
(iv) Costs outside the receiving State that are associated with the
operations of the EMAC system (except for FEMA facilities noted in paragraph F.(1)(a)(v) and
(vi) above);
(v) Costs for staff performing work that is not eligible under the PA or the
FMAG programs;
(vi) Costs of preparing to deploy or "standing -by" [except to the extent
allowed in the FMAG program pursuant to 44 CFR § 204.42(e)];
(vii) Dispatch operations outside the receiving State;
(viii) Tracking of EMAC and U.S. Forest Service Incident Cost Accounting
and Reporting System (ICARS) resources; and
(ix) Situation reporting not associated with ICS operations under VII(F)(iv)
of this policy.
2. Grant Management Work. For PA only, work associated with the performance
of the Grantee's responsibilities as the grant administrator, as outlined in 44 CFR § 206.202(b).
Use of EMAC-provided assistance to perform these tasks is eligible mutual aid work.
G. Eligible Applicants.
1. Only Requesting Entities are eligible applicants for FEMA assistance. With the
exception of G.(2), below, a Providing Entity must submit its claim for reimbursement to a
Requesting Entity.
2. States may be eligible applicants when statewide mutual aid agreements or
compacts authorize the State to administer the costs of mutual aid assistance on behalf of local
jurisdictions.
H. Reimbursement of Mutual Aid Costs.
1. Requesting and Providing Entities must keep detailed records of the services
requested and received, and provide those records as part of the supporting documentation for
a reimbursement request.
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2. A request for reimbursement of mutual aid costs must include a copy of the
mutual aid agreement - whether pre- or post -event - between the Requesting and Providing
Entities.
3. A request for reimbursement of mutual aid costs should include a written and
signed certification by the Requesting Entity certifying:
a. The types and extent of mutual aid assistance requested and received in
the performance of eligible emergency work; and
b. The labor and equipment rates used to determine the mutual aid cost
reimbursement request.
4. FEMA will not reimburse the value of volunteer labor or the value of paid labor
that is provided at no cost to the applicant. However:
a. To the extent the Providing Entity is staffed with volunteer labor, the value
of the volunteer labor may be credited to the non -Federal cost share of the Requesting Entity's
emergency work in accordance with the provisions of Disaster Assistance Policy #9525.2,
Donated Resources.
b. If a mutual aid agreement provides for an initial period of unpaid
assistance or provides for assistance at no cost to the Requesting Entity, the value of the
assistance provided at no cost to the Requesting Entity may be credited to the non -Federal cost
share of the Requesting Entity's emergency work under the provisions of Disaster Assistance
Policy #9525.2. Donated Resources.
5. Reimbursement for work beyond emergency assistance, such as permanent
repairs, is not eligible for mutual aid assistance.
6. For PA only, reimbursement for equipment provided to a Requesting Entity will
be based on FEMA equipment rates, approved State rates or, in the absence of such standard
rates, on rates deemed reasonable by FEMA.
7. For FMAG only, reimbursement for equipment provided to a Requesting Entity
will be based on 44 CFR § 204.42 (b)(3) and (4).
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FEMA
DISASTER ASSISTANCE POLICY
DAP'9523.6
8. For PA only, reimbursement for damage to equipment used inemergency
operations will be based on Recovery Policy #9525.8, Damage to Applicant Owned Equipment.
9. For FMAG only, reimbursement or replacement of equipment damaged or
destroyed in the course of eligible firefighting activities will be based on 44 CFR § 204.42 (b)(5),
and (6).
10. For PA only, reimbursement for equipment purchased by a subgrantee to
support emergency operations will be based on Recovery Policy #9525.12, Disposition of
Equipment, Supplies, and Salvaged Materials.
VIII. RESPONSIBLE OFFICE: Disaster Assistance Directorate (.public Assistance Division)
IX. SUPERSESSION: This policy updates and replaces RP9523.6, Mutual Aid Agiee►nents
for Public Assistance and Fire Management Assistance, dated September 22, 2004, and the
Mutual Aid Policy Clarification Memorandum, dated March 15, 2005.
X. REVIEW DATE: Three years from date of publication.
CarlosS. Castillo
Assistant Administrator
Disaster Assistance Directorate
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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
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tit.4 *id
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
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
. r
ATTEST:
November 15, 1950
*00
Signed by: EARL WARREN
GOVERNOR
On behalf of the State of California and all its
Departments and Agencies
Signed by: FRANK M. JORDAN
SECRETARY OF STATE
Page 1 of 2
Esther Clemente
From: Mike Dalla
Sent: Monday, December 21, 2009 11:33 AM
To: Esther Clemente
Subject: FW: Mutual Aid
If we don't already have this in the system or filed, it should be. MD
From: Manuel Rodriguez
Sent: Friday, May 15, 2009 4:06 PM
To: Claudia Silva
Cc: Rosie Machado; Ronni Zengota; Randy Triviz; Jose Tellez; Mike Dalla; Jodi Doucette
Subject: FW: Mutual Aid
Hi Claudia,
Here's the copy of the Law Enforcement Mutual Aid Agreement.
Thanks,
Manuel Rodriguez
mrodriguez@nationalcityca.gov
From: Rick Emerson [mailto:remerson@chulavistapd.org]
Sent: Thursday, May 14, 2009 3:55 PM
To: Manuel Rodriguez
Subject: FW:
Manny —Here is the complete document from SDSO. Rick
From: DiMuro, Pam[mailto:Pam.DiMuro@sdsheriff.org]
Sent: Thursday, May 14, 2009 3:34 PM
To: Rick Emerson
Subject:
Chief Emerson,
Attached is the most recent copy of Mutual Aid Operational Agreement signed by the members
of the Chiefs and Sheriffs' Association.
Pam
Pame%a 0i7vfuro
Law Enforcement Services Bureau
(858) 974-2295; (858) 974-2304 fax
pam.dimuro(i sdsheriff.org
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12/29/2009