County of San Diego - Public Works Mutual Aid0
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,
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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.
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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
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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.
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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
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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
By.
Richard E. Crompton
Director, Department of Public Works
County of San Diego
Date: 'f / /(,? hr
DBy: y Date:
Daniel Singer
City Manager
City of Poway
By: "r�.� Date: 3l I IJ
Attest: Approved as to from:
Sheila R. Cobian, CMC, City Clerk Morgan L. Foley, City Attorney:
City of Poway City of Poway
BY :.XT 1.0A.11A 131X1'[ %Date: J" I U "�S BY: �L'Y' 1 Date:
110 / ) \J
Approved as to form:
[Name of Authorizer]
OffiZofounty Counsel
CounDiego 1l
By-. Date:' 1 ��
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