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HomeMy WebLinkAbout2022 CON Mutual Aid Agreement - Firefighting Emergency AssistanceDEPARTMENT of THE NAVY C MM Not?I R NAVY RECION SCA T1MWE.St 75(1 PACII fit' 141011V, AN SAN fill Go( A 12 58 • N00242-20220520-8077 CNRSW 11320 3 MUTUAL AID AGREEMENT BETWEEN COMMANDER, NAVY REGION OUTHWE T AND CITIES OF CHULA VISTA, IMPERIAL BEACH, NATIONAL CITY, SAN DIEGO, CALIFORNIA Subj: FOR THE PROVISION OF FIREFIGHTING AND EMERGENCY ASSISTANCE Ref: (a)42U.S.C. § 1856a (b) DoD Instruction 6055.06, DoD Fire and Emergency Services (F&ES) Program (c) SECNAV M-5 16. , Department of the Navy Correspondence Manual (d) OPNAV instruction 34 0.17A (e) OPNAV Instruction 11320.23G (I) CN I : Instruction 4000.1C (g) Industrial Ship Safety Manual for Fire Prevention and Response, Sol -AC- -010/ 010, NSN 0910-LP-113-3832 Chapter 12, Section 12.5 1. Purpose. This Mutual Aid Agreement (Agreement or MAA) is between Commander, Navy Region Southwest (CNRSW) and the Cities of Chula Vista, Imperial Beach, National City, and San Diego, CA. CNRSW and the Cities are collectively referred to as the Parties. The Parties enter into this MAA to provide for mutual response to emergencies when requested and within the scope of services provided by each Party's fire and emergency services department, subject to the parties' availabilities. 2. Background. The lands or districts comprising the Parties' respective jurisdictions are adjacent or contiguous to one another. Each Party maintains equipment and personnel for the response and mitigation of emergency incidents occurring within areas under their respective jurisdictiors. This agreement expressly covers all installations within Navy Region Southwest (NRSW) that comprise the consolidation of Federal Fire San Diego, specifically: a. NAVAL BASE SAN DIEGO: (I) Main Base at 32nd Street; (2) Balboa Naval Hospital; and (3) Broadway Complex, 750 Pacific Highway. Subj FOR TIDE PROVISION OF IR IG TING AND EMERGENCY ASSISTANCE b. NAVAL BASE CO NA : (1) Navy Outlying Field, Imperial Beach; Naval Amphibious Base; (3) Coastal Campus; and Naval Air Station North Island. c. NAVAL BASE POINT LOMA (1)Sub Basle; Old Town Campus (3) Harbor Drive Annex; 1 v al Warfare Systems Comr ank and Cabrillo National Monument. d. MARINE CORPS 1IT•DPT 3, Shop. Per references (a) through , this Agreement covers the initial response by a Supporting Party's fire and emergency services department. Period for the Initial Response is for the first 12 hours of n incident. The Requesting Party is not required to reimburse the Supporting Party for actions taking place under this Agreement's Initial Response period. 4. A ree er t ifnd rstaridi g � ���. .��i�. �� tip - i-- r � `M a. The senior officer of one of the Party's Fire Departments may request assistance under the terms of this Agreement from the other Party's Fire Department, whenever heAor she deems it necessary to make such a request. b. Rendering assistance is not mandatory under this Agreement. Neither Party will hold the other Party liable or at fault for failing to respond to any request for assistance or for failing to respond to such a request in a timely manner or with less than the optimum number of personnel. c. The request for and rendering of mull aid will be provided, per detailed operational plans and procedures developed by the Panties. The , technical heads of each Party's Fire Department will work together to implement such plans and procedures in a manner compatible with the operational authorities of each. In the absence ofmore specific procedures, the Parties will generally proceed as follows: 2 Subj: FOR THE PROVISION' OF FIREFIGHTING ND EMERGENCY ASSISTANCE (1) The senior officer r on duty of ` the Supporting Party will: (a) Immediately determine if the requested apparatus and personnel are available to respond to the call for assistance; and (I,) Dispatch such apparatus and -personnel, along with instructions as to their mission, use and deployment, in quantities and amounts in the judgment of the Supporting arty's senior officer, without jeopardizing the resources of the Supporting Party's ability to respond in its own jurisdiction. All responses will adhere as closely as practica[ to the "Closest ,Resource" concept. The Requesting Party's senior officer will normally assume command of the operations at the scene of the fire or other emergency. A Supporting Party's senior officer may assume responsibility for the coordination of the overall operation's at the scene of the fire or other emergency in the absence ofthe .senior officer of the Agency Having Jurisdiction AHD, Each Party will follow its own juridiction's policies and procedures when assuming command over an incident. A Supporting Party will be relieved of the lead command position once the AM assumes command or a unified command is established. When two or more Agencies have jurisdiction of an incident, Unified Command will be established as defined in the National Incident Management System. 0) The Parties agree to patch the respectively .assigned command channels for all NRSW incidents and that this pitch will be tested weekly between the two dispatch centers, The Patties also agree to use and keep their 7 0 80 Mega ert (MHz) radios programmed to and with the county approved 700/800MHz fleet map, and keep their radios updated with any changes that are approved countywide on an annual basis. d. The Supporting Party inform the requesting Party as soon 4s practicable if the requested assistance cannot beprovided and, if assistance can be provided„ the quantitydf such resources p as may be dispatched to support the request* Requests must be made in compliance with Metro response types (Metro Response Matrix), Incident Command System types and Fixescope gu #del ine s (i.e., Strike Teams, Tas force, Alarms (2nd, 3rd), single resource, etc.). e. Personnel Protective Equipment (PPE): Each Party will provide its personnel with approved PPE suitable for the assignment. All PPE must meet all Occupational Safety and Health ►dm istratio Standards. All personnel must respond with their approved PPE. Each party must follow their own policies and procedures regarding the use of PPE. . Under reference (a), the Parties waive all claims against the other Party for compensation of any loss, dam e, per onal injury, or death occurring in consequence of the performance ,of. this Agreement. This waiver of claims does not apply to claims brought under theiFederal Tort Claims Act as addressed in section of this Agreement, nor to reimbursement of any Party for all or any part of the cost incurred by such Party in fishing fire protection for or on behalf of any other Party, as permitted by section (a) of 42 U.S.C. § 1856a. 3 Subj: FOR y PROVISION OF FIREFIGHTING AND EMERGENCY ASSISTANCE g. If any claims for injury to person are asserted against a Party that arise or are alleged to arise out of the negligent or wrongful acts or omission of the U.S.. Department of Navy, or its officers, employees, or agents in connection with the performance of, or failure to perform, the obligations of this Agreement, the liability of the 1.. will be determined, processed, and adjudicated, per the provisions of the Federal Tort Claims Act (FTCA). . Nothing in this Agreement is intended. by the Parties to diminish, waive, or otherwise affect the privileges and immunities conferred upon the Parties by operations of law. i. Each Party to this Agreement will provide Workers' Compensation coverage as required by State.or Federal lair, as applicable, for its own employees, without cost to the other Party. Neither Party will be required to pay for salaries, other compensation, or employment benefits for the employees of the other Party because of any work or services performed pursuant to this Agreement. 5. Emergency Assistance. Independent of, and in addition to, any provisions of this ►greement, NRSW is authorized and has the discretion to render disaster relief or emergency assistance to preserve life and property in the vicinity of a Department of Defense (DoD) installation, when in the opinion. of the installation commander, the assistance is in the best interest of theU.S.. 42 .�.�. §§ 5121-5206; DoD 3025.1 4v1, Manual for Civil Emergencies. 6. Definitions. Unless the particular provision or context otherwise requires, the definitions contained in this section will govern the construction, meaning, and application of words used in this Agreement. a. Emergency Medical Service: Basic life support service, including paramedic service. b. Emergency Response: Immediate response and use of red lights and siren by responding units. c. Fire Protection Services: Firefighting capacity to contain, control, and extinguish fires; the mitigation of rerclted hazards; and emergency medical services. d: Incident Commander: The person in overall command at the incident as defined in the National Incident Management System. e. Unified Command: When two or more Agencies respond to an incident, Unified Command will be established as defined in the National Incident Management System. E Mutual Aid: The request of resources based on the needs determined by the managers of the incident and subject to authorization by the Supporting Party for each request. g. Nearest Available Fire Unit (Closest Resource): The available fire apparatus of the appropriate type closest in dispatch and response time to the scene of the incident. Both parties agree to. continuously strive to minimize unnecessary response delays to ensure that the integrity of the nearest available fire unit deployment strategy is achieved and maintained. 4 Subj: FOR THE PROVISIONPROVI§ION OF FIREFIGHTING AND EMERGENCY ASSISTANCE h. Requesting Party: Any Party to this Agreement that requests support for fire Protection or Emergency services for any incident arising within its jurisdiction. i. Supporting Party: Any Party to this Agreement that receives a request' for Fire Protection or Emergency Services from the Agency having jurisdiction over the incident. 7. Training a. Whenever either Party hosts fire protection training (Host Department) it may, to the maximum extent practicable andsubject toits sole discretion, offer to provide the same training to members of the.other Party (Guest epartment). The Parties will strive to perform this training every 180 days. b. The Host Department will not charge the Guest Department for any training provided under the terms of this Agreement, unless it is a cost that cannot be covered by the Host Department t such as, cost per student or cost of a certificate. c. The Guest Department willbe solely responsible for the payment of any and all costs necessary for theirpersonnel to attend any training provided by the Host Department including, but not limited to, lodging, meals, and tr.aNiel. d. The Guest Department must ensue that its members observe all training rules, regulations, and guidelines provided by the Host Departtnent. Neither Party iNilt hold the other Party liable or at fault for damage or injury incurred during joint training activities, except as otherwise provided under the FTCA. e.1 The Host Department reserves the right to deny training to any member who does not meet the prerequisites to attend the training. . Modification. The Parties may Eiinend this Agreement by m tual written consent of both Parties, and will be recorded and published as addenda to this Agreement. 9. Term., This Agreement will continue for a period of five years from the effective ,fate and the Parties wi] 1 review it annually. 10. Tmiiition This Agreement may be terminated by mutual consent of the Parties. This Agreement may also be temiinated by any Party with 60 days notice to the other Party. 5 Sub, ' FOR THE PROVISION OF FIREFIGHTING AND EMERGENCY ASSISTANCE 11. Effective Date. This Agreement will become effective on the date of the last signature of the Parties. 14:11:!")--;70,. Eire hief Date City of Chula Vista, California Fire Chief Date City of National City, California re Chief Date City of Imperial Beach, California ribz Fire Chief Date City of San Diego, California Metro Fire Chief, CNRSW --- *Pow/ 00 4ci etiou City of San Diego, California /611 ,70; Date D. P. KECK NRSW Executive Director