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HomeMy WebLinkAbout2011 CON County of San Diego - Cities Area Public Works Mutual AidNOTE TO FILE 02-28-13 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the Mayor to execute a County of San Diego Operational Area Public Works Mutual Aid Agreement. Please note the following: A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants City Attorney _ Human Resources City Manager _ MIS _ Community Svcs. _ Planning Engineering _ Police Finance Public Works X Fire NTF County of San Diego Operational Area Public Works 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 Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works 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 public workers to the other; and WHEREAS, no party should be in a resources, facilities, or services WHEREAS, such an agreement is Services Act set forth in Title seq.) of the Government Code and et seq.) of the Act; and position of depleting unreasonably its own providing such mutual aid; and in accord with the California Emergency 2, Division 1, Chapter 7 (Section 8550 et specifically with Article 14 (Section 8630 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 to 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 Public Works Mutual Aid Agreement 1 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 Public Works Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works 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 or 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. The 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. Requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of requesting party and vice versa. County of San Diego Operational Area Public Works Mutual Aid Agreement 2 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the 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 8.4 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 Parties. Joint defense counsel shall be selected by mutual agreement of said 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, those 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 Public Works Mutual Aid Agreement 3 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) days 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 Public Works 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 Department of Public Works 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 Public Works Mutual Aid Agreement 4 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 Public Works, addressed as follows: The San Diego County Department of Public Works County Operations Center 5500 Overland Avenue, Suite 310 San Diego, CA, 92123 County of San Diego Operational Area Public Works Mutual Aid Agreement 5 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 counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest Ro ne / / 2/� Director, Office of Emergency Services County of San Diego Richard E. Crompton Director, Department of Public Works County of San Diego Ron Morrison Mayor City otional City By: Approved as to form: Dana L. Begley Office of County Counsel Cour},ty of San Diego C- By: Date: /0/2// 2- Date: Date: November 15, 2011 Date: 144(12 County of San Diego Operational Area Public Works mutual Aid Agreement 6 Attachment A San Diego County Operational Area Public Works Check List for Mutual Aid Assistance I. Pre -Event Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Local Agency quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly authorize local official to request Proclamation of Local Emergency and, if warranted, request State of Emergency Proclamation through the Operational Area Emergency Operation Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Public Works Mutual Aid Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long needed, type of work to be performed. Once a providing party can be located to satisfy the resource request, the coordinator will determine how quickly these resources can be made available and notify the requesting party of that fact. 5. The requesting party will make all necessary arrangements to care for the assisting party's personnel and equipment if needed. 6. The requesting party will carefully document all costs by specific damage site according to State and Federal procedures to maximize reimbursement for costs. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. 7. The requesting party should return the assisting party's resources as soon as possible. County of San Diego Operational Area Public works Mutual Aid Agreement Checklist Attachment B San Diego County Operational Area Public Works Mutual Aid Agreement Procedures Guide I. PURPOSE The purpose of this Procedures Guide is to provide parties to the Public Works Agreement with a practical set of guidelines on how to effectively provide and receive public works assistance. The terms of the agreement shall govern in the event there is any actual or apparent conflict between this procedure guide and the agreement. The following provisions are suggested guidelines only and not binding on any agency. These provisions should be modified and expanded as necessary to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. II. TENETS OF OPERATIONAL AREA PUBLIC WORKS MUTUAL AID 1. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. 5. A Proclamation of a Local Emergency is necessary to activate the agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR PUBLIC WORKS MUTUAL AID 1. Designated Public Works Coordinator Paragraph 1 (a) of the Agreement specifies that the "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, including but not be limited to requests, responses and reimbursement. It is suggested that the Coordinator be a person who during a disaster would be authorized to request public works resources and bind their agency for the cost of these County of San Diego Operational Area Public works Mutual Aid Agreement Procedure Guide 1 Attachment B resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WebEOC Communication To obtain Public Works assistance, a planned method of communicating requests is essential. This includes using WebEOC to process the request and maintain lines of communication. Telephones should not be relied upon as the primary means of communication within the impacted area of a major disaster, and common public works radio frequencies may not exist in the area. It is recommended that WebEOC be used to request assistance using the Public Works Request Form. 3. Operational Area Concept The Agreement specifies that an Operational Area, normally a County and all the jurisdictions within the County, shall be the basic unit for coordinating public works mutual aid. Because of their knowledge of public works terminology and procedures, it is suggested that a public works agency representative perform the role of public works coordinator in the operational area. This will be the San Diego County Department of Public Works for the operational area, although a different arrangement could be established if desired by the involved agencies. 4. California Emergency Management Agency (Cal EMA) Role Cal EMA would act to support public works mutual aid assistance under the agreement by offering assistance to the Regional and Operational Public Works Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5. Resource Lists and Contacts It is strongly recommended that lists of public works resources be developed for each participating agency in the Operational Area. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated public works coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, type of personnel equipment, materials, and a contact number to check on its availability when needed. It is suggested that the coordinator then provide a brief summary of that information to the operational area coordinator for compiling an Operational Area resource directory. County of San Diego Operational Area Public works mutual Aid Agreement Procedure Guide 2 Attachment B It is suggested that each party develops common standardized terminologies for resources to facilitate categorizing and compiling these inventory lists. However, the development of the standardized terminology should not impede the development of these resource lists. 6. Arrange Care for Assisting Forces The Agreement requires that the requesting party be responsible for the safekeeping of the resources provided by the assisting party. 7. Documentation for Reimbursement In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre -establish emergency management procedures and training of their personnel to carefully document all costs of labor, equipment and personnel, including administrative costs, accounted by specific damage location. These practices are not only for mutual aid reimbursement but for reimbursement of all agency costs associated with the disaster. 8. Proclamation of Emergency The Agreement requires that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should be also requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Agency should include in their emergency plan a provision to seek such a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. 9. Agency in Charge The Agreement provides that the requesting coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the assisting party providing supervisory personnel to take direct charge of their forces under the overall direction of the requesting coordinator. The intent is that the assisting party will comply with all reasonable directions from the requesting coordinator. However, the assisting party should not be County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 3 Attachment B obligated to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. 10. Checklists for Requesting Mutual Aid Each party to the Agreement is encouraged to develop checklists for their coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide Public Works Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function both internally to the agency and externally and contact numbers and means for reaching them. Attachment A (San Diego County Operational Area Public Works Checklist for mutual aid assistance) is a sample checklist. County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 4 Attachment C San Diego County Operational Area Public Works Mutual Aid Resource Request Incident: Click here to enter text. Date of Request: Click here to enter text. Time of Request: Click here to enter text. Jurisdiction: Click here to enter text. Contact Name: Click here to enter text. Phone Number: Click here to enter text. Cell Phone Number: Click here to enter text. Resource(s) & Quantity: Resource Needed: ✓ Now r 1-2 Hours ✓ 3-6 Hours r 6-12 hours ✓ 24 Hours Purpose/Problem/Comment: Location resource(s) to be delivered to: Name of Person Accepting Delivery: Click here to enter text. Cell Phone Number: Click here to enter text. Duration of Use (Estimated): Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 1 Attachment C EOC USE ONLY Date Request Received: Time Request Received: Operational Area Entered into Web EOC by: Request entered into system Time: Date: Request Fulfilled By: Jurisdiction: Contact Person: Contact Phone: Cell Phone: Repeat for multiple Jurisdictions Requester Notified Time: Click here to enter text. Requester Notification Date: Click here to enter text. Requester Notified by Whom: Click here to enter text. Resource(s) Deployed Date: Click here to enter text. Time: Click here to enter text. Providing Jurisdiction Jurisdiction: Click here to enter text. Jurisdiction Contact: Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 2 Page 1 of I Attachment D Walter Amedee From: Walter Amedee Sent: Monday, October 24, 2011 8:40 AM To: Ginny Miller Subject: RE: Public Works Mutual Aid Agreement From: Begley, Dana Sent: Monday, October 10, 2011 3:20 PM To: 'Csilva@nationalcityca.gov' Cc: Luke, Leslie Subject: Public Works Mutual Aid Agreement Ms. Silva, Per our phone conversation, it is the County of San Diego's intention that the "Operational Area Public Works Mutual Aid Agreement," attached hereto, governs emergency services to be performed by public workers only. "Public Workers" is to include personnel traditionally employed by a public entity's Department of Public Works that is responsible for, but not limited to: maintaining area's infrastructure; roads; traffic engineering; land development civil engineering review; design engineering and construction management; land surveying and map processing; cartographic services; watershed quality and flood protection; solid waste planning and diversion; inactive landfills; wastewater systems management. The term is not intended to include other emergency personnel such as fire fighters and law enforcement officers. Should you have any additional questions or would like further clarification please do not hesitate to contact me. Thank you Dana Dana L. Begley Deputy County Counsel County of San Diego I60(1 Pacific Hwy. Km 355 San Diego, CA 92101 p: 619.531.61 19 f: 619.53.1.6005 CONPIDENTIA1j CV NOTICE: This email message. including any attachments. is for the sole use of the intended rueipicnt(a) and may comma information protected by the atrorncynclient privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or lut inns. II you are not an intended recipient, you may not review, use. copy. disclose or distribute thin message or arty of the information contnincd in h its message Io anyone. If you arc not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments, Unintended transmission shall not constitute waiver of the atturneynclient or nay other pris ileac. 1► Please consider the envimnmenr before printing this eontail 11/2/2011 RESOLUTION NO. 2011 — 243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COUNTY OF SAN DIEGO OPERATIONAL AREA PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works 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 public workers to the other; and WHEREAS, the Agreement provides that the agency requesting aid agrees to pay all direct, indirect, administrative, and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations; and WHEREAS, the 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a County of San Diego Operational Area Public Works Mutual Aid Agreement. Copy of said Mutual Aid Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of November, 2011. on Morrison, Mayor ATTEST: Michael R. Della, Cit Clerk PPROVED TO FORM: udia Gacitu City Attorney Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of N tiona I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-243 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 4EETING DATE: November 15, 2011 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign a County of San Diego Operational Area Public Works Mutual Aid Agreement. (Fire)', PREPARED BY: UValter Amedee PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: FireC=St--- APPROVED BY: The County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed an interest in establishing a mutual aid agreement among all agencies. The Agreement provides procedures and the responsibilities whenever emergency personnel, equipment, and facility assistance is provided from another party's public workers to the other. The 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. Staff recommends authorizing the Mayor to sign the mutual aid agreement. • FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: • Staff recommends authorizing the Mayor to sign the County of San Diego Operational Area Public Works Mutual Aid Agreement. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: County of San Diego Operational Area Public Works Mutual Aid Agreement 2. Attachment A — San Diego County Operational Area Public Works Check List for Mutual Aid Assistance 3. Attachment B — San Diego County Operational Area Public Works Mutual Aid Agreement Procedures Guide 4. Attachment C — San Diego County Operational Area Public Works Mutual Aid Resource Request Form 5. Attachment D — E-mail from Deputy County Counsel defining "Public Workers" 6. Resolution) t i RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COUNTY OF SAN DIEGO OPERATIONAL AREA PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works 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 public workers to the other; and WHEREAS, the Agreement provides that the agency requesting aid agrees to pay all direct, indirect, administrative, and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations; and WHEREAS, the 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a County of San Diego Operational Area Public Works Mutual Aid Agreement. Copy of said Mutual Aid Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney County of San Diego Operational Area Public Works 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 Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works 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 public workers 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 to 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 Public Works Mutual Aid Agreement 1 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 Public Works Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works 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 or 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. The 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. Requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of requesting party and vice versa. County of San Diego Operational Area Public Works Mutual Aid Agreement 2 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the 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 Parties to this MOU, their agents, claim, action or proceeding against of its own acts or omissions in the to defend and indemnify the other officers and employees, from any another Party, arising solely out 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 8.4 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 Parties. Joint defense counsel shall be selected by mutual agreement of said 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, those 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 Public Works Mutual Aid Agreement 3 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) days 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 Public Works 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 Department of Public Works 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 Public Works Mutual Aid Agreement 4 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 Public Works, addressed as follows: The San Diego County Department of Public Works County Operations Center 5500 Overland Avenue, Suite 310 San Diego, CA, 92123 County of San Diego Operational Area Public Works Mutual Aid Agreement 5 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 counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest Ronald Lane Director, Office of Emergency Services County of San Diego By: Richard E. Crompton Director, Department of Public Works County of San Diego By: Ron Lane Mayor City of National City Date: Date: By: Date: Approved as to form: Dana L. Begley Office of County Counsel County of San Diego By: Date: County of San Diego Operational Area Public Works Mutual Aid Agreement 6 Attachment A San Diego County Operational Area Public Works Check List for Mutual Aid Assistance I. Pre -Event Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Local Agency quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly authorize local official to request Proclamation of Local Emergency and, if warranted, request State of Emergency Proclamation through the Operational Area Emergency Operation Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Public Works Mutual Aid Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long needed, type of work to be performed. Once a providing party can be located to satisfy the resource request, the coordinator will determine how quickly these resources can be made available and notify the requesting party of that fact. 5. The requesting party will make all necessary arrangements to care for the assisting party's personnel and equipment if needed. 6. The requesting party will carefully document all costs by specific damage site according to State and Federal procedures to maximize reimbursement for costs. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. 7. The requesting party should return the assisting party's resources as soon as possible. County of San Diego Operational Area Public Works Mutual Aid Agreement Checklist Attachment B San Diego County Operational Area Public Works Mutual Aid Agreement Procedures Guide I. PURPOSE The purpose of this Procedures Guide is to provide parties to the Public Works Agreement with a practical set of guidelines on how to effectively provide and receive public works assistance. The terms of the agreement shall govern in the event there is any actual or apparent conflict between this procedure guide and the agreement. The following provisions are suggested guidelines only and not binding on any agency. These provisions should be modified and expanded as necessary to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. II. TENETS OF OPERATIONAL AREA PUBLIC WORKS MUTUAL AID 1. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. 5. A Proclamation of a Local Emergency is necessary to activate the agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR PUBLIC WORKS MUTUAL AID 1. Designated Public Works Coordinator Paragraph 1 (a) of the Agreement specifies that the "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, including but not be limited to requests, responses and reimbursement. It is suggested that the Coordinator be a person who during a disaster would be authorized to request public works resources and bind their agency for the cost of these County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 1 Attachment B resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WebEOC Communication To obtain Public Works assistance, a planned method of communicating requests is essential. This includes using WebEOC to process the request and maintain lines of communication. Telephones should not be relied upon as the primary means of communication within the impacted area of a major disaster, and common public works radio frequencies may not exist in the area. It is recommended that WebEOC be used to request assistance using the Public Works Request Form. 3. Operational Area Concept The Agreement specifies that an Operational Area, normally a County and all the jurisdictions within the County, shall be the basic unit for coordinating public works mutual aid. Because of their knowledge of public works terminology and procedures, it is suggested that a public works agency representative perform the role of public works coordinator in the operational area. This will be the San Diego County Department of Public Works for the operational area, although a different arrangement could be established if desired by the involved agencies. 4. California Emergency Management Agency (Cal EMA) Role Cal EMA would act to support public works mutual aid assistance under the agreement by offering assistance to the Regional and Operational Public Works Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5. Resource Lists and Contacts It is strongly recommended that lists of public works resources be developed for each participating agency in the Operational Area. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated public works coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, type of personnel equipment, materials, and a contact number to check on its availability when needed. It is suggested that the coordinator then provide a brief summary of that information to the operational area coordinator for compiling an Operational Area resource directory. County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 2 Attachment B It is suggested that each party develops common standardized terminologies for resources to facilitate categorizing and compiling these inventory lists. However, the development of the standardized terminology should not impede the development of these resource lists. 6. Arrange Care for Assisting Forces The Agreement requires that the requesting party be responsible for the safekeeping of the resources provided by the assisting party. 7. Documentation for Reimbursement In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre -establish emergency management procedures and training of their personnel to carefully document all costs of labor, equipment and personnel, including administrative costs, accounted by specific damage location. These practices are not only for mutual aid reimbursement but for reimbursement of all agency costs associated with the disaster. 8. Proclamation of Emergency The Agreement requires that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should be also requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Agency should include in their emergency plan a provision to seek such a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. 9. Agency in Charge The Agreement provides that the requesting coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the assisting party providing supervisory personnel to take direct charge of their forces under the overall direction of the requesting coordinator. The intent is that the assisting party will comply with all reasonable directions from the requesting coordinator. However, the assisting party should not be County of ,San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 3 Attachment B obligated to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. 10. Checklists for Requesting Mutual Aid Each party to the Agreement is encouraged to develop checklists for their coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide Public Works Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function both internally to the agency and externally and contact numbers and means for reaching them. Attachment A. (San Diego County Operational Area Public Works Checklist for mutual aid assistance) is a sample checklist. County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 4 Attachment C San Diego County Operational Area Public Works Mutual Aid Resource Request Incident: Click here to enter text. Date of Request: Click here to enter text. Time of Request: Click here to enter text. Jurisdiction: Click here to enter text. Contact Name: Click here to enter text. Phone Number: Click here to enter text. Cell Phone Number: Click here to enter text. Resource(s) & Quantity: Resource Needed: r Now ✓ 1-2 Hours ✓ 3-6 Hours r 6-12 hours ✓ 24 Hours Location resource(s) to be delivered to: Purpose/Problem/Comment: Name of Person Accepting Delivery: Click here to enter text. Cell Phone Number: Click here to enter text. Duration of Use (Estimated): Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 1 Attachment C EOC USE ONLY Date Request Received: Time Request Received: Operational Area Entered into Web EOC by: Request entered into system Time: Date: Request Fulfilled By: Jurisdiction: Contact Person: Contact Phone: Cell Phone: Repeat for multiple Jurisdictions Requester Notified Time: Click here to enter text. Requester Notification Date: Click here to enter text. Requester Notified by Whom: Click here to enter text. Resource(s) Deployed Date: Click here to enter text. Time: Click here to enter text. Providing Jurisdiction Jurisdiction: Click here to enter text. Jurisdiction Contact: Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 2 Page 1 of 1 Attachment D Walter Amedee From: Walter Amedee Sent: Monday, October 24, 2011 8:40 AM To: Ginny Miller Subject: RE: Public Works Mutual Aid Agreement From: Begley, Dana Sent: Monday, October 10, 20113:20 PM To: 'Csilva@ nationalcityca.gov' Cc: Luke, Leslie Subject: Public Works Mutual Aid Agreement Ms. Silva, Per our phone conversation, it is the County of San Diego's intention that the "Operational Area Public Works Mutual Aid Agreement," attached hereto, governs emergency services to be performed by public workers only. "Public Workers" is to include personnel traditionally employed by a public entity's Department of Public Works that is responsible for, but not limited to: maintaining area's infrastructure; roads; traffic engineering; land development civil engineering review; design engineering and construction management; land surveying and map processing; cartographic services; watershed quality and flood protection; solid waste planning and diversion; inactive landfills; wastewater systems management. The term is not intended to include other emergency personnel such as fire fighters and law enforcement officers. Should you have any additional questions or would like further clarification please do not hesitate to contact me. Thank you Dana Dana L. Begley Deputy County Counsel County of San Diego 1600 Pacific Hwy. Rm 355 San Diego, CA 92101 p: 6'19531.6119 if: 619.531.6005 CONFIDENTIALITY NOTICE: This email message. including any attachments. is- for the sole use of the intended recipient(s) and may contain information protected by the attorncyoclient privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or regulations. If you are not an intended recipient, you may not review, use. copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of the attorneynclient or any other privilege. `' Please consider the environment before printing this email 11/2/2011 Page 1 of 2 Esther Clemente From: Esther Clemente Sent: Monday, November 26, 2012 2:03 PM To: Walter Amedee Subject: RE: Office of Emergency Services Public Works MOU Thank you, Walter. Please forward to our office the ORIGINAL copy. From: Walter Amedee Sent: Monday, November 26, 2012 1:57 PM To: Esther Clemente Subject: FW: Office of Emergency Services Public Works MOU Esther, Attached is the signed Public Works MOU... Walter Amedee Management Analyst III National City Fire Department 343 E. 16th Street National City, CA 91950 Phone: (619) 336-4556 Fax: (619) 336-4328 Cell: (619) 207-7342 www.nationalcityca.gov From: Kynaston, Brian [mailto:Brian.Kynaston@sdcounty.ca.gov] Sent: Monday, November 26, 2012 1:43 PM To: Walter Amedee Subject: Office of Emergency Services Public Works MOU Walter Amedee, My Name is Brian and I work with Leslie at the San Diego County Office of Emergency Services. Leslie requested me to send you the National City Public Works mutual aid agreement that has been signed by both the County and your city. If you have any questions please let me know. Brian Kynaston Office of Emergency Services 11/28/2012 Page 1 of 2 Esther Clemente From: Walter Amedee Sent: Monday, July 23, 2012 4:48 PM To: Mike Della; Esther Clemente Subject: FW: County PW Mutual Aid Agreement FYI... Walter Amedee Homeland Security Manager National City Fire Department 343 E. 16th Street National City, CA 91950 Phone: (619) 336-4556 Fax: (619) 336-4328 Cell: (619) 207-7342 www_ nationalcityca_gov From: Luke, Leslie [mailto:Leslie.Luke@sdcounty.ca.gov] Sent: Monday, July 23, 2012 4:49 PM To: Walter Amedee Subject: Re: County PW Mutual Aid Agreement Walter, We just got a couple more and were going to process them in mass. 1 think that was the last one. Should have it back within a month. We will send the database out soon with equipment. Regards, Leslie Luke Group Program Manager County of San Diego Office of Emergency Services 858-715-2340 Sent from BlackBerry Wireless Device From: Walter Amedee [mailto:WAmedee@nationalcityca.gov] Sent: Monday, July 23, 2012 04:00 PM To: Luke, Leslie Subject: County PW Mutual Aid Agreement 7/23/2012 Page 2 of 2 Leslie, What is the status of County PW Mutual Aid Agreement that we sent signed? We haven't received anything back...it was processed in Nov. 2011. Let me know. Thanks. Walter Amedee Homeland Security Manager National City Fire Department 343 E. 16th Street National City, CA 91950 Phone: (619) 336-4556 Fax: (619) 336-4328 Cell: (619) 207-7342 www.nationalcityca.gov 7/23/2012 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax November 22, 2011 Ms. Leslie Luke San Diego County Dept. of Public Works County Operations Center 5500 Overland Avenue, Suite 310 San Diego, CA 92123 Dear Ms. Luke, On November 15th, 2011, Resolution No. 2011-243 was passed and adopted by the City Council of the City of National City, authorizing execution of a Mutual Aid Agreement with the County of San Diego. We are forwarding a certified copy of the above Resolution and two partially executed original Agreements. Please return a fully executed original Agreement to us for our files. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures