Item 1.6 - Reso Approving Public Works Mutual Aid Agreement for the County of San Diego Operational AreaGti OF POlfi9 J
City of Poway
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C[ ��` "C C COUNCIL AGENDA REPORT
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APPROVED IN
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOLUTION NO. ltd•06*0
DATE: September 2, 2014
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Singer, City Manager
INITIATED BY: Leah Browder, Director of Public Works
SUBJECT: Resolution Approving a Public Works Mutual Aid Agreement
with the County of San Diego for the County of San Diego
Operational Area
Summarv:
The City of Poway and the other 17 cities within the County of San Diego have been
asked by the County to sign a Public Works Mutual Aid Agreement. The Agreement
sets forth the procedures and responsibilities for all
and receive coordinated emergency response a:
Operations Center (EOC) to the Operational Area.
locate and procure resources for initial assistance i
operations. The Agreement also serves as
reimbursement.
Recommended Action:
participating jurisdictions to provide
>sistance through the Emergency
This document allows the EOC to
o Poway until the City can sustain
necessary documentation for
It is recommended that the City Council adopt the Resolution Approving a Public Works
Mutual Aid Agreement with the County of San Diego for the County Operational Area
and authorize the City Manager or designee to execute the necessary Agreement with
the County of San Diego Office of Emergency Services.
Background:
In order to assist the City of Poway to ensure optimal preparedness for local, regional,
statewide and national emergencies and the City's ability to take prompt action to
protect lives and property of the city and its residents, a Public Works Mutual Aid
Agreement is required to formalize emergency response protocols. This Agreement will
allow the City to request coordinated assistance through the County EOC in the event of
an emergency.
Findings:
The City of Poway, as well as the other 17 cities in the County, has been asked to sign
a Public Works Mutual Aid Agreement. The Agreement sets forth the procedures and
responsibilities of the City to both provide and request coordinated assistance through
the County Emergency Operations Center (EOC) for our local Operational Area. In the
event of an emergency, the County EOC will locate and procure public works resources
1 of 10 September 2, 2104 Item # bto
Resolution Approving a Public Works Mutual Aid Agreement with the County of San
Diego for the County of San Diego Operational Area
September 2, 2014
Page 2
for initial assistance to Poway until the City can sustain operations. The Agreement also
serves as documentation for necessary reimbursement and sets forth procedures and
responsibilities in the event of an emergency.
Fiscal Impact:
Any resources expended for other agencies will be reimbursed in accordance with the
Agreement.
Environmental Review:
This action is not subject to CEQA review.
Public Notification:
A copy of this report has been sent to the County of San Diego Office of Emergency
Services.
Attachments:
A. Resolution Approving a Public Works Mutual Aid Agreement with the County of
San Diego for the County of San Diego Operational Area
B. County of San Diego Operational Area Public Works Mutual Aid Agreement
2 of 10 September 2, 2014 Item # 16
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A PUBLIC WORKS MUTUAL AID
AGREEMENT WITH THE COUNTY OF SAN DIEGO
FOR THE COUNTY OF SAN DIEGO OPERATIONAL AREA
WHEREAS, the City of Poway (the "City ") has experienced local, regional,
statewide and national emergencies, requiring the use of emergency personnel,
equipment, facilities and other resources in order to address the emergency situation
and to take prompt action to protect the lives and property of the City, and its residents
and property owners; and
WHEREAS, local, regional, statewide and national emergencies cannot be
predicted, but can be quickly and efficiently addressed through appropriate preparation
and assistance, including through agreements among regional jurisdictions to provide
mutual aid in the provision of personnel, equipment, facilities and other resources; and
WHEREAS, the City is required to prepare for, and respond to, emergencies
based on the Standardized Emergency Management System ( "SEMS "), requiring the
use of mutual aid systems through mutual aid agreements adopted by emergency
response agencies, local governments, and other agencies, and throughout the state
through a master mutual aid agreement (the "Master Mutual Aid Agreement "); and
WHEREAS, the County of San Diego Office of Emergency Services is a regional
emergency response agency, and has prepared that certain Public Works Mutual Aid
Agreement (the "Agreement ") for approval by each of the incorporated cities within the
County of San Diego in order to establish the terms. and conditions for the provision of
mutual aid through personnel, equipment, facilities and other resources in times of
emergencies, without jeopardizing the safety of persons or property within each
jurisdiction; and
WHEREAS, the Agreement is consistent with SEMS, the Master Mutual Aid
Agreement, Chapter 1 of Division 2 of Title 19 of the California Code of Regulations,
and the California Emergency Services Act (California Government Code section 8550,
et seq.).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council hereby approves the Agreement, to be entered
into by and among the County of San Diego, the City, and such other cities within the
county approving the Agreement from time to time, substantially in the form as
presented to the City Council at this meeting with such changes as may be approved by
the City Manager or designee.
Section 2: The City Manager, or such person designated by the City Manager,
is hereby authorized to execute the Agreement, and to deliver the Agreement to the
3 of 10 ATTACHMENT A September 2, 2014 Item #
Resolution No. 14-
Page 2
County of San Diego Office of Emergency Services. The execution. of the Agreement.
by the City Manager or designee shall be deemed approval of any changes in the
Agreement at the time of execution.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
at a regular meeting this 2nd day of September, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14 - * ** was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of September, 2014, and
that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
4 of 10 September 2, 2014 Item # / k
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
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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. The requesting Coordinator shall make arrangements for
feeding, assisting personnel, fueling, servicing, and repair of
equipment if such support is requested by the assisting Coordinator.
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
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6 of 10 September 2, 2014 Item # /•&
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
County of San Diego Operational Area
Public Works Mutual Aid Agreement
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7 of 10 September 2, 2014 Item # /4
and /or reallocation of defense costs, settlement payments, judgments
and awards, consistent with such comparative fault.
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.
County of San Diego Operational Area
Public Works Mutual Aid Agreement
4
8 of 10 September 2, 2014 Item #
d. Arranging for amendments to agreement as may be necessary.
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
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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:
Holly Crawford
Director, Office of Emergency Services
County of San Diego
Bv:
Richard E. Crompton
Director, Department of Public Works
County of San Diego
Date:
Bv: Date:
Daniel Singer
City Manager
City of Poway
Attest:
Sheila R. Cobian, CMC, City Clerk
City of Poway
Date:
Approved as to form:
[Name of Authorizer]
Office of County Counsel
County of San Diego
By:
Date:
Approved as to from:
Morgan L. Foley, City Attorney:
City of Poway
Bv:
Date:
County of San Diego Operational Area
Public Works Mutual Aid Agreement
6
Date:
10 of 10 September 2, 2014 Item # j �