HomeMy WebLinkAbout2013/12/10 Item 06 �_,r —: •�;<�����
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ti ° ��=--�- AGENDA STATEMENT
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��CHULA VISfA
Itero No.: �p
A'Ieeting Date: 12/10/2013
ITE1i TITLE: RESOLUTION OF THE CITY COUI�TCIL OF THE CITY OF
CI-IIJL.A VISTA APPROVING TR'O COUI�'Tl' OF SAI`T DIEGO
OPERATIOI�?AL AREA A4IJTUrIL AID AGREEA'I�TTS FOR:
BUILDII�'G SAFETY INSPECTIONS AI�TD PUBLIC WORKS
DEVELOP\4EI�'T SERVICES DIREC I�'�
SUBAIITTED BY: DIRECTOR OF PUBLIC \�70RKS 6
REVIE�'VED BI': CITY n4.4I�'AGER
ASSISTANT CIT A4AI�'AGE�
4/STHS VOTE: I'ES � NO �X
STJ1�4A�AR1'
A Resolution to appro��e a Building Safet}� Inspection A4utual Aid Aereement and a Public
Vdorks Mutual Aid Aereement with the Count}� of San Diego Office of Emer�encv Ser��ices and
the Counh� of San Diego Planning and Development Sen�ices. The a�reements facilitate local
jurisdictions- requests for mutual aid assistance in the event of a proclaimed emereency.
EN�'IRONA4EIVTAL REVIE��'
The Director of Development Services has re<<ie���ed the proposed activity for compliance �;�ith
the California Environmental Qualin Act (CEQA) and has determined that the activin� falls
��ithin the Class 8 Categorical Esemption pursuant to Califomia Code of Resulations Title 14;
Chapter 3; Article 19 (the "State CEQA Guidelines') section 1�308 and therefore is esempt from
environmental re��ie��; and not���ithstanding the Class 8 Cateaorical Esemption, the Director of
Development Services has further determined that there is also no possibilin� that the activity
ma}� ha��e a sienificant effect on the en��ironment; therefore: pursuant to section 1�061(b)(3) of
the State CEQA Guidelines the acti�iri� is eaempt from the pro��isions of CEQA. Thus; no
environmental review is required.
RECOA1��fENDATION
That Cin�Council adopt the resolution.
6-1
Item No.: (�
Meeting Date: 12/10/2013
Page 2 of 3
BOARDS/COMMISSION RECOMDZENDATION
N/A
DISCUSSION
Cities ���ithin the County have espressed interest in the establishment of mutual aid agreements
that would facilitate aid in the event of a ]ocally proclaimed disaster. The agreements set forth
the procedures and the responsibilities that ���ill apply when the County of San Diego or cities in
the County make a request or voluntazily agree to provide building inspection or public works
assistance to another agency in the event of a proclaimed emergency.
The agreements are ��oluntary in that no party receiving a request for assistance is under any
obligation to provide assistance and does not incur any liability for not complying �i�ith the
request. Furthermore, an agenc}� may withdraw its resources if at a later time they are required
within its own jurisdiction. - -
Pursuant to the agreements; �iithin si�ty (60) days afrer receipt of a detailed invoice, the
requesting party is responsible for reimbursing the assisting party all direct, indirect,
administrative and contracted costs incurred as a result of providing assistance and based upon
standard rates applicable to the assisting party's internal operations. The agreements are in
accordance with the California Emergency Services Act and the execution of the agreements
does not preclude assistance from State or Federal emergency assistance programs.
DECISION MAKER COl�'FLICT
Staff has determined that the recommendations requiring Council action are not site specific and
consequently the 500 foot rule found in Califomia Code of Regulations Section 18704.2(a)(1) is
not applicable to this decision. Staff is not independently aware, nor has staff been informed by
any City Councilmember, of any other fact that may constitute a basis for a decision mal:er
conflict of interest in this matter.
RELATIONSHIP TO THE CITY'S STATEGIC PLAN
The City's Strategic Plan has five major goals: Operational Etcellence; Economic Vitality,
Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The
agreements support the Strong and Secure Neighborhoods goal by facilitating mutual aid in the
e��ent of a locally proclaimed disaster.
CURRENT YEAR FISCAL IA4PACT
No current fiscal year impact. Pursuant to the agreements, the requesting party is responsible for
reimbursing the assisting party all direct, indirect, administrative and contracted costs incurred as
a result of providing assistance.
ONGOING FISCAL IA7PACT
No ongoing fiscal impact. Pursuant to the agreements, the requesting party is responsible for
reimbursing the assisting party all direct, indirect, administrative and contracted costs incurred as
a result of providing assistance.
6-2
Item No.: �
Aleeting Date: 12/10/2013
Page 3 of 3
ATTACHIVLENTS
A. Counn� of San Diego Operational Area Building Safen Inspection ?�4utual Aid
Aereement.
B. Counn� of San Dieeo Operational Area Public �Vorks Murual Aid Agreement.
C. San Dieeo Count} Operational Area Buildine Safetv Inspection n4utual Aid Agreement
Procedures Guide.
Prepared 6p: Lou E!-KHa=en. Building O�cial/Code Enforcement Manager, Development Sen•ices.
6-3
Attachment A
County of San Diego Operational Area
Building Safety Inspection 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 Planning and Development Services, and twelve (12) cities within the
County have expressed a mutual aid interest in the establishment of a plan to
facilitate and encourage Building Safety Inspection 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 building inspectors and engineers to the other; and
WHEREAS, no party should be in a position of depleting unreasonably its own
resources, facilities, or services providinq 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 19 (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
Regulations;
In consideration of the conditions and covenants contained herein, the
parties agree as follows:
l. 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 a11 matters relative to mutual aid
pursuant to this Agreement, to include but not be limited to
requests, responses, and reimbursement.
b. "Local Emergency" shall mean the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of
persons and property within the territorial limits o£ one of the
parties, caused by such conditions as air pollution, fire, flood,
storm, epidemic, riot, drought, sudden and severe energy
County of San Diego Opasational Anea
Huilding Safety Inapection Mutual Aid Agseesent
6-4
shortage, olant or aaimzl infesLa�ion or cisease, �he Governor's
warning of ar. earchauzke or volcar.ic nred_ctior., or an
earthquake, or other conditions, other than cond_tions resulting
from a labor concroversy, w�ich zre or are likely �o be beyond
the control of t:^.e services, personnel, eauipment, and facilities
o_` that politicai subdivisio� and reauire the cor�bined fo-ces of
oLher political subdivision.s to co*nbat, or witn respect to
regnlated energy utilities, a sudden znd severe energy shortage
requires extraordinzry measures beyor.d the authority vested in
the California Public Utilities Commissior..
c. An °Operatior.al Area" for ;.he coordination o: 5uilding Safety
Inspection Mutu�l Aid snall be �he County and all �i,e
jurisdictions wiLhin the Councy that are parties to �nis
Agreemen�. A di_`ferent beilding sa°ety insoec��o� operational
area may be estzblished by the parties ia some unique cases, upon
written zgreement by all narties.
2. Coordir.ators designated by each party shall be desig�ated by Title,
Name, Address and Phor:e Number, and if said Coordinator changes, cne
ocner parties of tSe Agreement sha11 be no�ified in wri�ing as soon as
practical after tSe aopointment has been made throug:� the Agreemenc
Coordinator designated in Pzragraph ?7 hereinafter.
3. When a local emergency has been proclaimed by a party' s governing body
or by an authorized official designaced by ordinance of the party' s
goverring body, the Coordinator may request assistance.
4. Wnen requesc for ass_stance is -eceived, the assis�ing Coordina�or
- shall promotly advise o£ the extent of �response, provide whatever
personnel, equipment, and/or facilities �re ava_lable without
jeopardizing the safety of persons or property within their
jurisdiction. No party receiving a request `or assistance shall be
under any obligation to provide assistance and shall not incur zny
� liabiiity for not comolying with tre reques�.
5. Wnen the assis�ing Coordinator' s personnel, equinment, and/or
fzcilities are no lozger required or whe� tae assisting Coordinator
advises ��z� the resources can no longer be provided to t:e reques�ing �
Coordinator, the requesting Coord_nator shall immedia�ely arrange _`or
the retur:� of those resources.
6. Requesting party shail be responsible for the safekeening of �he
resources provided by the assisting party. The requesting Coordir.�tor
shall remain in charge of the inciden� or occurrence and sna11 main�ain
control a,d direction of the resou-ces provided by the assisting pzrty.
The request may iaclude providing supervisory personnel to cake di-ect
charge of the resources u�der �he ger.eral direction of the requescina
Coordinator. The requesting Coordinator shzll make arrargements for
-�eedir.g, ass-stieg personnel, `ueling, serv:cir.g, and reoair o_
County of San Diego Operational Area
Building Safety Inspection Mutual Aid Agreement
6-5
equipment if such support is requested by the assisting Coordinator.
Assisting party' s personnel shall not be deemed employees of requesting
party and vice versa.
7. The requesting party agrees to pay all direct, indirect, administrative
and contracted costs of 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 be responsible for, or assume any liability
for, the direct payment of any salary or wages to any officer or
employee of the assisting party.
8. DEFENSE AND INDENNIFICATION
8 .1 Claims Arising from Sole Acts or Omissions of a Party
Each party to this Agreement hereby agrees to defend and indemnify the
other parties to this Agreement, their agents, officers and employees,
from a11 claims, actions or proceedings against the other parties,
arising solely out of its own acts or omissions in the performance of
actions undertaken pursuant to this Agreement. 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
Agreement. Parties shall notify each other promptly o£ 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, the 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. 9,
below.
6.3 Joint Defense
Notwithstanding paragraph 8 .2 above, in cases where the parties agree
in writing to a joint defense, the parties may appoint joint defense
counsel to defend the claim, action, or proceeding arising out of the
concurrent acts or omissions of said parties. Joint defense counsel
shall be selected by mutual agreement of the parties. Parties agree to
share the costs of such joint defense and any agreed settlement in
equal amounts, except as provided in paragraph 8.9 below. Parties
further agree that no party may bind the others to a settlement
agreement without the written consent of the others.
8.9 Reimbursement and/or Reallocation
County of San Diego Ope[ational Aiea
Building Safety Inspection Mutual lud Agzeement
6-6
Wnere a trizl verdicc or arbitration award allocates or de�ermines the
comparative _`ault of the parties, taose parties may seek reimbursement
and/or reallocation of defense costs, set�lement payments, judgme.�_=
and awards, consiste�t wi�h such conparative _`ault.
9. This Acreerient shall in no way abrogate or waive any of the immunities
available under Federal, State and local law ar.d regulations, izcluding
but not lini;.ed to �he California Emergercy Services Act, Government
Code sections 8550, et, seq. �
iO. When mutual aid is provided, the requesting and assisLing parties, will
keep account records of the oersonnel, equipment, mileage, ar.d
mz�erials provided as required by Federal and Sta�e law, �he California
Disaster Assistance Act, and FEMA guidelines to maximize the
oossibility o_` Federal and Scate disaster re`_mbursemeat. �ach ?arcy
shall have access to anocher party' s records for this purpose.
11. This Agreement shall take effect immediately upon its execution and
shall remzir. in effect uacil termiaated.
12. Any parcy may withdraw from t�is Agreement, withou� cause, upon
delivery of prior written no�ice to �he Agreement Coordinator
designzced in Paragrap'� 17 below at least ninety days prior to the
withdrawal.
13. To the exte�t that they are inconsistent with chis Agreement all prior
aareements for Building Safety Ir.spection ?•!utual Aid betweer. the
parties are hereby r.ull and void.
i9 . Reques�s for mutual aid assistance under chis Fgreemen� wher. more than
or.e cicy is impacted by a disaster will be channeled through the County
of Saz Diego Office of Emergency Services to ensure maxinum
e�£ectiveness in allocating resources to the highest priority needs.
iS. Any co�troversy or claim arising out o£ or relating to this Agreemer.t,
or the breach thereof, sha11 be settled by arbitration in accordance
wi�h tne rLles of the American Arbitration Association and judgment on
the zward rendered by the arbicrators may be eatered in any cour�
having jurisdiction thereof.
16. This Acreement in no way acts to abrogate or waive any i.,.munity
available under the ?ort Claims Pct.
17. Rhe Coun;.y of San D_ego Plan�ing and Development Services shall zct as
the initial Agreement Coordinator o: this program for the purpose of:
z. Receipt of new parties to the Agreemer.t .
County of San Diego Operational Area
Huilding Safety Inspection Mutual Aid Agreement
6-7
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 the Agreement as may be necessary.
The party acting as Agreement Coordinator may transfer these
respo�sibilities to another party with the consent of that party and
upon notification of the other parties to the Agreement.
16. 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 Planning
� and Development Services, addressed as follows:
The San Diego County Planning and Development Services
County of San Diego
5510 Overland Ave, Suite 110
San Diego, CaliPornia 92123
Attention: Mutual Aid Coordinator
County of San Diego Operational Area
Hu>lding Safety Inspection Mutual Aid Agreement
6-8
IN WITNESS THEREOF, �he parties hereto have executed this Agreement by
their duly authorized o_ficers oa �he dates hereina_ter indicat=d.
Th:s Mutual Aid Agreement may be executed in one or more counte-pares, each
of whic� sha11 be deemed to be an origir.al, but all of which togecher s�all
consticute one and the same instrument.
Attest
Holly Crawford
Director, Office of Emergency Services
County of San Dieao
B : Date: /�/2 2 �/3
Nark wardlaw
Direc�or, Department Planning and Develooment Services
County of San Diego
BY� �I1Til���,o/i�� �-1 Date: L() �,�=`�'��
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
County of San Diego Operational Psea
Building Safety Inspection M.utual Aid Agceement
6-9
Approved as to form: �
[Name of Authorizer]�y.�, �
Office of County Counsel
Coun of San Diego
B : Date: ��/2`"�'(g
Covnty of San Diego Operational Psea
Public Woxks Mutual Aid Agx'eement
6-1 �
Attachment B
County of San Diego Operational Area
Public Works Mutual Aid Agreement
This Mucual Aid Agreement is iaade and entered ir.to by those parties who have
adooted and sigr.ed this Agreement.
WHEREAS, County of San Diego Office of Emergezcy Services, County o£ San
Diego Department of Public Works, and twelve (12) cicies within �he County
have expressed a mutual aid interest in the establisnment of a plan to
facilitate aad encourage Public Works Mutual Aid Agreements throughoLt tie
County of San Diego; and
WHEREAS, the par�ies hereto have deter,nined that it would be in �heir bes�
interests to eater iato an agreement th�� is�plements that plan znd sets forth
procedures and �he responsibilities of the par�ies whe,eve: emergency
personnel, equiprent, and fzcility assistance is provided from another
party' s public works staff and engiaeers to Lhe other; and
WriE,2EAS, no party should be in a position of deoleting 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 ia Tit1e 2, Division 1, Chapter 7 (Sectior. 8550 et
sec. ) of the Government Code and specifically with Article 19 (Section 6630
et seq. ) of the Act; and �
WHEREAS, a11 pzr�ies must use the Standardized Emergency Mar,zgement System
_ (SEMS) in order to be eligible for possible state fu�ding of response-relaLed
personnel costs pursuant to accivicies identified in the Cali`ornia Code of
Regulations;
In cor.sideratio� of the conditions and covena�ts contained herein, t;:e
parties agree as follows:
- 1.� ror this Agreement, �he following terms shall be ascribed the
•°ollowing meaZings:
a. "Coordinator" shall mean the person des:gnated by each party to
act on behalf of chat party or. all matters relative to mutLal a'_d
pursuant to this Agreemenc, to include but not be limited to
requests, responses, �nd reimbursement.
b. "Local e.mergency" shall nean �he duly proclaimed existence of
conditions oi disaster or of extreme peril to the safety of
- persons and property withi� the territorial limits o: one of the
parties, caused by such conditions as ai= pollu�ior., fire, `lood,
sto�, epidemic, riot, drought, sudden and severe energy
County of San Dieqo Opexational Area
Public Works Mutual Aid Agreemant .
6-11
shortage, plant or animal infestation or disease, the Governor' s
warning of an earthquake or volcanic prediction, or an
earthquake, or other conditions, other than conditions resulting
from a labor controversy, which are or are likely to be beyond
the control of the services, personnel, equipment, and facilities .
of that political subdivision and require the combined forces of
other political subdivisions to combat, or with respect to
regulated energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in
the California Public Utilities Commission.
c. An `�Operational Area" for the coordination of Public Works Mutual
Aid shall be the County and all the jurisdictions within the
County that are parties to this Agreement. A dif£erent public
works operational area may be established by the parties in some
unique cases, upon written agreement by all parties.
2. Coordinators designated by each party shall be designated by Title,
, Name, Address and Phone Number, and i£ 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 by an authorized o£ficial designated by ordinance of the party' s
governing body, the Coordinator may request assistance.
9 . 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 and shall not 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 can no longer be provided to the requesting
Coordinator, the requesting Coordinator shall immediately arrange for
the return of those resources.
6. Requesting party shall be responsible for the saEekeeping 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.
County of San Diego Opexational Axea
Public Wozks Mutual Aid Agzeesent
6-12
Assistir.g party' s person�el sha11 not be deemed employees o` requesti�g
par�y and vice versz.
�7. ihe reques�ing party agrees to pay a1� direct, indirect, aamir._strative
and contracted costs of assisting party incurred as a result oi
nroviding assistance oursua�t �o this Agreeme��, based upon stazdard
rates zpplicable to assisting party' s interr,al opera�ions. Payment
shzll be made wi�h±n sixty (60) days z_`ter receipt of a detziled
invoice. Payment may be �elayed if agreed upon by both parties.
Reqi:estir.•g party shall not be resooasible `or, or assume any liability
for, the direct payment of any salary or waaes to any officer or
� employee o` the assisting party.
6. DEFENSE AND INDEMNZFZCATION
8. 1 Claims Arising from Sole Acts or Omissions of a Party
Each party to this Agreement hereby agrees to defend and indemnify the
other pzrties to �nis Agreement, their agents, o:ficers and employees,
from all claims, actions or proceedings against the other par�ies,
arising solely out o£ its own acts or omissions in the per�ormance of
actions undertaken pursuanc to �nis P.greemenc. At each party' s sole
discretion, each party may parcicipate at its own expense in the
defense of azy claim, action or proceeding, bu� such participatio:�
sha11 not relieve any party o° any obligation imposed by this
Agreement. ?arties snall notiry each other oromptly o_` any claim,
action or proceeding ar.d cooperate fully in the defense.
8.2 Claims Arising From Concurrent Acts or Omissions
The par�ies hereby agree to defend themselves from any claim,
act_on, or proceeding arising out of the coacurrent acts or omissions -
of the parties. In such cases, the part_es agree to re�ain their own
legal counsel, bear their own de£ense costs, and waive their right to
seek rei;ibursement of such costs, except zs provided in pzr�graph 8.4,
below.
8. 3 Joir.t Defense �
Notwiths�anding paragraph 8.2 above, in cases wnere the parLies zgree
in writ+_ng to a join� de:ense, the oart_es nay appoin� joint defense
counsel co defend the claim, zc�ion, or aroceeding arising out of tne
concurrent acts or omissions of said parties. Joint defense counsel
sha11 be selected by nutual zgreement of t!:e ozrties. Parties zgree to
share the costs of such joint defense and any agreed sectlement i�
equal amounts, except as provided in paragraph 8 . 4 below. Parties
further agree thzc no party may bind �he otners to a settlement
agreement without the written co�sent of the ochers.
8. 4 Rei;�ursement and/or Reallocatio�
County of San Diego Operational Area
Public Wozks Mutual Aid Agreement
6-13
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.
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 8550, et, seq.
10. When mutual aid is provided, the requesting and assisting parties, 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 prior written notice to the Agreement Coordinator
designated in Paragraph 17 below at least ninety days prior to the
withdrawal.
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.
19 . 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
ef£ectiveness 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 arbitrators 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 o£ San Diego Department of Public Works shall act as the
initial Agreement Coordinator of this program for the purpose of:
a. Receipt of new parties to the Agreement.
b. Maintaining a current list of signatory parties and
representatives.
County of San Diego Operational Area
Public Works Mutual Aid Agseesent
6-14
c. Circulating aznuzlly a iist of all parties ar.d reorese�tatives
to all signztory parties.
d. Arrangiag for amen��er.�s to che Agreemen� as may be r.ecessary.
?he par�y actirg as Agreement Coordina�or may traasfer t;ese
responsibilities to ar.other party with the consent o_` tnat party and
upor. not±ficz�ion o` tie other oarties to Lhe Agreement.
19 . All sigr.atory parties zgree thz� ar.y other aualified p�lic agency or
quasi public agency mzy become a party to th�s Agreement by executing a
duplica�e copy o£ t:is Agreemen� and sendi�g sz:ne �o tne Agreement
Coordinacor, initially the County o: San Diego Depa-cmen� of Public
Works, addressed zs follows:
The San Diego Cour.ty Department of Public Works
Coun�y Operations Center
5500 Overland Ave, Suite 310 �
San Diego, CaliPornia 92123
County of San Diego Operational A=ea
Public wozke Mutual Aid Agzeement .
6-15
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
B : Date: c% 2 Z- �
Richard E. Crompton
Director, Department of Public Works
County of San Diego
By: /��'-�� �. ��� Date: �����l�
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
County of San Diego Opexational Area
Public Works Mutual Aid Agteement
6-16
Approved as to form: � ,
r
[Name of Au�horizerj�p.(�0.���j�
Office of County Counsei
Cou -y of San Diego
B : Date: �OI2�(I '�j
County of San Diego Opesational Aiea
Building Safety Inspection Mutual Aid Agreement
6-� 7
Attachment C
San Diego County Operational Area
Building Safety Inspection Mutual Aid Agreement Procedures Guide
I. PURPOSE
The purpose of this Procedures Guide is to provide parties to the Building Safety
Inspection Aa eement with a practical set of guidelines on how to effectively provide and
receive building inspection assistance. Tl�e 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 aze 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 OPERATIOI�'AL AREA BUILDING SAFETY INSPECTION MUTUAL
AID
1. The most effective means of providing timely assistance to a jurisdiction unpacted 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 plaz�ning and training are desirable to evhance the effectiveness of providing
mutual aid when needed.
IlI. PROCEDi JRES FOR BUILDII��G SAFETY INSPECTIOI�'MUTUAL AID
1. Desi¢nated Buildine Safetv Insaection Coordinator
Paragraph 1 (a) of the Agreement specifies that the "Coordinator" shall mean the person
designated by each pariy to act on behalf of that party on a11 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 Building Safety Inspection Mutual Aid and bind their agency for
the cost of these resources. The Coordinator should also be in a position to authorize the
County of San Diego Operational Area
Building Sa£ety Inspection Mutual Aid Agreement
6-� $
pro�riding agency to release personnel and equipment to the agency impacted by the
disaster.
It is suggested that altemate coordinators be designated in case the primary coordinator is
unavailable during the disaster.
2. WebEOC Communication
To obtain Building Safety Inspections assistance, a planned method of communicafing
requests is essential. This includes using WebEOC to process the requesf and maintain
lines of communication. Telephones should not be relied upon as the primary means of
communication within the impacted azea of a major earthquake disaster, and coaunon
Building Inspectors and Engineers radio frequencies may not exist in the area. It is
recommended that ���ebEOC be used to request assistance using Building Safety
Inspection Request Form. - -
3. Operational Area Concept
The Agreement specifies that an operational azea, normally a County and all the
jurisdictions within the County, shall be the basic unit for coordinating building safety
inspection mutual aid. Because of their knowledge of building code terminology and
procedures, it is suggested that an inspector or engineer representative perform the role of
the Coordinator in the Operational Area. This will be San Diego County Planning and
Development Services for the Operational Area, although a different arrangement could
be established if deemed necessary by the involved agencies.
4. Califomia Emer encv Mana¢ement A�encv (Cal EA4A1 Role
Cal EMA would act to support building safety inspecrion mutual aid assistance under the
agreement by offering assisiance to the Operational Coordinator, and act as Statewide
Coordinator for seeking muhial aid resources if required from beyond tl�e impacted
region.
5. Resouice Lists and Contacts
It is stronely recommended that lists of building inspection 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 particulaz
types of resources needed by the requesting impacted agency.
The designated coordinator for each jurisdiction should develop a detailed ]ist of
resources for theu agency by quantiry, 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
Hcilding Sa£ety Snspection Mutual FLid Agreement
6-19
6. Arran¢e Caze for Assistine Forces
The Agreement requires that the requesting party be responsible for the safelceeping of
the resources provided by the assisting pariy.
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 R�utual
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 thoroughiy familiar with those federal and
state accounting requirements and pre-establish emergency management procedures and
training of their personnel to cazefully 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
cosu associated with the disaster.
8. Proclamation of Emergency
The Agreement requires that a Proclamation of Local Emergency must be approved by an
authori2ed 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
reunbursement, and if warranYed, a request for a Presidenrial Proclamation of Emergency
to authorize federal reunbursement. Each Agency should include in theu 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. Agencv in Charee
The Agreement provides that the requesting Coordinator shall remain in charge of the
incident and provide direction and conirol to the resources provided by the assisting
party. The request may aiso include having the assisting parry provides supervisory
personnei to take direct charge of their forces under the overall direction of the requesting
coordinator. The intent is that the assisting party wi(1 comply with all reasonable
directions from the requesting coordinator. However, the assisting party should not be
obligated to perform any work that it reasonably believes would unduly jeopazdize the
safety of its employees.
County of San Diego Operational Area
Building Safety Inspection Mutual Aid Agseement
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10. Checklists for Requestinq n�utual Aid
Each pazty of the A�eement is encouraged to develop checklists for their coordinator to
use in assuring that all required steps aze followed properly and effectively seek and
pro��ide Building Safety Inspection Mutual Aid for the benefit of the impacted azea and
protection of the assisting party. These checklists should establish who is to. carry out
each essential function, both intemally to the agency and externally, and contact numbers
and means for reaching them.
1 I. Safetv Assessment Pro¢ram
The individuals sent out should have gone through the one-day Califomia Safety
Assessment Program training in the past five yeazs, have current credentials(Civil,
Geotechnical or Structural engineering license, architect license, or one of the building
inspector certificates recognized by the Safety Assessment Program.
Attachment A is the checklist for the County San Diego Operational Area Building Safety
Inspection Mutual Aid Agreement.
County of San Diego Operational Area
Building Sa£ety Znspection Mutual Aid Agreement
6'2�
Attachment A
San Diego County Operational Area Building Safety Inspection
Check List for Mutual Aid Assistance
I. Pre-Event
Develop procedures at the local operational area to carry out mutua] aid including checklists
of actions, resource lists, etc.
II. Post Event
I. 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 Loca]
Emergency and, warranted, request State of Emergency Proclamation through the
Operational Area Emergency Operations Center.
3. Upon proclamation of local emergency, request mutual aid assistance from Operational
Area Building Safety Inspection 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 avai(able 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, liours worked, and mileage.
7. The requesting party should return the assisting party's resources as soon as possible.
6-22
RESOLUTION NO.
RESOLUTION OF THE CITY COU1�iCIL OF THE CITY OF
CHULA VISTA APPROVING T�'lj0 COUI��TY OF SA,\' DLEGO
OPERATIOI�'AL AREA ANTUAL AID AGREEA4ENTS FOR:
BUILDING SAFETY II�'SPECTIO\'S .1ND PUBLIC �\rORKS
�'�'HEREAS. the Count}� of San Diego Office of Emergenc}� Services; Counrn of San
Diego Plannine and Development Services, and hi-eh�e cities within the County have expressed a
mutual aid interest in the establishment of a plan to facilitate and encourage Buildine Safet��
Inspection and Public «'orks n4utual .4id Aereements throughout the Counn� of San DieQo; and
WHEREAS. staff has determined that it ���ould be in the Citv of Chula Vista's best
interests to enter into agreements that implement that plan and set forth procedures and the
responsibilities of the parties whenever one party provides emergencv personnel; equipment, or
facility assistance for building inspections and/or public works to another part}; and
�4'HEREAS, no party should be in a position of unreasonabl}� depletine its o��m
resources; facilities; or services pro��idine such mutual aid; and
NHEREAS; such aereements are in accord ���ith the Califomia Emereency Services Act
set forth in Title 2, Di��ision 1, Chapter 7 (Section 8»0; et seq.) of the Go��emment Code and
specifically with Article 14 (Section 8630. et seq.) of the Act.
NOW, THEREFORE; BE IT RESOLVED bv the Ciq� Council of the City of Chula \Tista
that it hereby approves the Count�� of San Diego Operation Area Building Safety Inspection
Mutual Aid Agreement and Counn' of San Dieeo Operational Area Public \Vorls A4urual Aid
Agreement bet���een the Countv of San Dieeo; and n��elve (12) cities, includine the City of Chula
Vista, in the form presented, ���ith such minor modifications as may be required or approved b��
the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; and
authorizes and directs the Ma��or to esecute same.
Presented b}� • Approved as to form by
�/ I
Kelly Brouahton Gle -R. oo in
Development Ser�ices Director iri• �N tome}�
%
Richard Hopkins
Public VJorks Director
J:Wnomee�F'IN.AL RESO$AND ORDI�ANCES�?013U? 10 GUteso�4u[val Aid Aereements.doc
12/3/2013 10:42 AM
6-23
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
�-�
� `;'1 �1 ,� ,� ,�
j� � I � , jV""
�--�Glen R� % ogins
��City Attorney
Dated: � � (�
COUNTTY OF SAN DIEGO OPERATIONAL AREA
BUILDING SAFETY INSPECTION
MUTUAL AID AGREEMENT
BETWEEN
THE COUNTY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES,
COUNTY OF SAN DIEGO PLANNING AND DEVELOPMENT
SERVICES, AND TWELVE CITIES
(INCLUDING THE CITY OF CHiJLA VISTA)
6-24
County of San Diego Operational Area
Building Safety Inspection Mutual Aid Agreement
Th_s Mu���al Aid ugree�en� is -ade and e-:�ered inco by crese par�ies w�o ^a�e
ado��ed �^d sian=d �.._s Ay^ree�e-•c .
WHE3_?S, County o_` San Di_go 0'�ice of =�=rgercy Serv_ces, Co�_-__y c' San
Dieco ?ianning �r.d Developmea� Services, ar.d tweive (12) ci�ies wi�ai.: ;.'r.e
Coc-:�y '�ave exare�sed a nc�>>ai aid i�cer�st z� the es�abiis 1-n=_:�� o- a p�z: =o
•°acil`_�a-e and e�courage 3c`_iding Safe�y =�spec�`_o:: Mc�ual Aid -gree�ea�s
chrGL'y^T?O'_L Lhe Co>>r.�y o` Sa- �zeco; a.d
Wa°_'E�S, che par_ies :`:ere=o have deter�iaec cha� i� wo��ld be in =:�ei- bes�
i�.ares�s to encer _..=o an aareemer,t �ha� _-.�le^�e�ts �ha� pla:� azc se=s _`or�:�
DIOC°C':IBS 3_1G� Lh= responsib_lit--es o' ��e pzr�-es � whe-:=_cer e:n=rc=�cy
per=_e:t�e_, ecuin-�en�, zr.d �acili�y �ss_s�aace is providec fros� ar.o�_-:er
pzrcy' s build`_na insaectors and e�c_nee_s �o che othe_; ar.d
Wri°_2.°_AS, no party should be i^, a posi�io� o' deole�_�g c-:-easonzbly its ow^:
resources, fac±li�zes, or se_cices prov-d-ac suct: mc��al aid; a-d
WE=3EAS� SL'C?? an zgree.«=_:� --s __. accorc wi�_ �r_ CaL'err.ia E,�=-ge�c•_v �
Services Act se� `orth in Ti�le 2, Di�is':on 1, Chapter 7 (Sec�-or. E550 e�
sec. ) o' the Gove*nmer.t Cod> a:.d soeci_'icaily w_�'� =r�icie i"_ (5=ctior, &6�0
' et seq. ) of �he rct; and
WH53��5, all par�ies must use the Sta�dzrd_zed Smergency Ma^agem2nc Sys�=_�
(S�MS) _.. o=cer �o be eliaible _'o= pos=_ble SLdL° iL'^di�c o° resporse-reia�ec
� pe-sonr.el costs pu-suant �o ac�ivicies iden�ified� i-• tne Ca�ifornia Code o;
R=c��lations; �
?n conside=a�io� oi the co-�ditions and cove-.a-:ts co:�ai�ec hz=ein, �.._
nar�ies agre� as _'ollows: - .
_. For c�is Ag_eemer.�, <<e `ollowina terms s:^.al_ Se ascr_bed =_._
following �eani�gs:
a. "Coordir.a�or" shzii mean ;,�z pzrsor'. des-g�a_zd by 2ac_� par�y �o
acc ez be`:al` o_` c�at oarcv on all :�a��=rs relatice �o nutuzl aid
ccr_=car.� �o ��is Egreese-�, �o ir:c_ude b>>� r,o� be 1:,-,�i�eri =o
r2qu=sts, res�onses, a�d =ei:nbu-semer.;..
b. ` iocz� --�erger.cy" snall �ean �he duly p_oclai.-,�ed existence o_`
conc-_�ions o- ci_=aste� or o_` extre-�e peri� �o che sa`e�y o=
oer_=ons znd arooer�y with-�n �he cerri�orial -imi�s o* or.e c_' =^:e
�zr�-es, caused by suc:�, co-di�ier,s as ai= poilu�:or., '__re, _`locd,
stor�, epic=�ic, rioc, croeght, sucder. and secere eae=cy
Coun:y o_° San Diego Ooe_a:ional Axea
Buildiag Sa£ety Inspect_on lfi:tual Aid agreement
6-25
shortage, p1a�t or animal infestation or disease, the Gove_nor's
warning of an earthquaYe or volcanic prediction, or an
ezrthauake, or other conditions, other than conditions r�sLlting
=rom a labor con�roversy, which are or are likely to be beyond
�he control of the services, personnel, eouipment, and facilic-es
of that political subdivision and require the combined forces of
other political subdivisions to combat, or with respect to
regulzted energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in
�he Czlifornia Public Otilities Commission.
c. An `�Operational Area" for the coordination of Building Safety
Znspection Mutual Aid shall be the County and a11 the
jcrisdictions wichin the County that are parties co Lhis
Agreement. A different building safety inspection operatior.al
area may be established by the parties in some unique cases, uaon
written agreement by all parties.
2 . Coordinators designated by each party sha11 be designated by Title,
Name, Address aad ?hone Number, and if said Coordinator changes, che
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 ia Paragraph 17 hereinafter.
3. When a local emerger.cy has been proclaimed by a party' s governing body
or by an authorized of-icial desiqnated by ordinance of the party' s
governing body, the Coordinator may request assistance.
9 . When request for assistance is received, the assisting Coordinator
sha11 promotly advise of the extent of response, provide w'�atever
personnel, eauipment, and/or facilities are available without
jeopardiziag the safety of persons or property within their
jurisdiction. No pa:ty receiving a request for assistance shall be
under any obligation to provide assistance and shall not i!?cur any
lizbil-ty for not complying with the request.
5. Wnen the assisting Coordinator' s personnel, equipment, and/or
facilities are no longer required or when the assisting Coordinator
advises tha� the resocrces can no longer be provided to the rea>>esting
Coordinator, the requesting Coordinator sha11 immediately arrzr.ge for
the recurn of c:ose resources.
6. Reques�ing party shall be responsible for the safekeeping of the
resources provided by the assisting party. The requesting Coordinator
shz11 rema-n in charge of the incident or occurrence and shail maintain
control and direction of the resources provided by the assis'ting party.
The request may include nroviding supervisory personnel to take direc�
charge of the resources uader the general direction of the requesting
Coord;nator. The requesting Coordinator sha11 make arrangements `or
feedinq, assisting personnel, fueling, servicing, and repair o:
County of San Diego Opexational Area
Building Safety Inspection Mutual Aid Agreement
6-26
e��iamen= _f =uch suppor_ _s re�T�e=_=_d by �he assis�ia� Coorc-�:a�o=.
vssistir',g pa-cy' s oersor.nei sha�l r.o� be deemed zmploy=es o- reaues�:ng
nar�v a-d cic2 cersa.
7. ---_ recu=_scir.g Pa==y ac_ee= �o oay a�l d==ec_. -.^.direc_, ad�=':=s�ra�:v=
a::d co;:�-ac�ed costs o_` asszs_z�g pzr�y _nc�=red as a res�i� o;
prociding z=sistz-�ce o>>rsuant �o �hzs Agr=_=_-te��, bz�ed ��pon s�anda=d
ra-es aaplicable �o a_=sis�ing psrcy' s _..�er:a� ooera�ior�s. ?ay-�e-��
shall be marie wi�hin sixcy (60) days a`�er _eceio� o_' a de�ail=d
_..vo_ce. Pay�2n� may b= dslzyed _' ag-_ed upor. by be_h p=r�ies.
Requesung pzrty shai�i no;. be _==_por.s-ble 'e_, cr zssune �-_y i`_ab:li_y
fo:, c.`:e direcc oay-er:� o' zr.y saiary er waces to a,y o_"_ce= or
e-g'toyee oi t:ze ass_sunc DcrL}�.
_ . �??ENSE ?_IdD INDSMN?c1C='tON
6. � Cia-_:�s =isi;g `ro;: Sole Ac�= or Omiss_or.s o_` � Pa=�y
�ac'r. par�y �o this Agr_emeat herzby acrees to de=er.d a^d i�de:nr.i`y �_�e
o`�er oar�ies to -his :�.creeT,er.c, �neir agen=s, °=e'cers _r.�d e-�ploye=s,
�_om a:: claims, act-o�s or proceedings agains� the o=her ozr�ies,
arisiag soi_1y o��� o` -�s own ac�s o- oauss�ons ±n �he p�r_`o-�az:ce o_'
zc�ions uadertaken purscaat to �his �gree�e�t. At eacn �arty' s sole �
d_scretio^, =ach parcy ,«ay par�zc:pa�e a� __s ow:: exper.se _.. c.._ �
defense o' any clzim, ac�ion o= proceedir.a, a7L'L SL'C:^. par�icioa�:on
_=hall .=.o� relieve a�y party o_' a�y obiiga�ion i�posed by �..is
tgree*�er.�. Pzr�_es ��z1i ::oc_'y eac;: o��er promp=ly c- any cla_>:,
action or a=oceeding a::d c000er�te f�:ly i� �'�e defense.
' 8.2 Claims trising Fro::� Cor.currer.� Ac�s or O�issions
_:ce parties hereby acree co de'ead �nems=lves 'ro-� anp c1�-�,
ac�io�, or groceeding arising ou� o' �he conc>>rrent ac�s or omiss_ons
o= �he parc-es. _.. s�.:ch cases, �ne pa-_ies �c_ee �o re=a`_a �.____ owr.
legal couzsel, bear �::eir own d=`ense cos�s, a�d waive t`,eir righ� �o
se=k =ei-b��rse:nen= o` such cos�s, excep� as orovided _.. p>rzgr�ah ,,. "-.,
below.
n .3 Jo-_�� De-ense
No�wit��s�ar.df�g par�CJTflD}? c .2 above, _.. cases wh=-e -^�e gzr�i=s zcree
i� wri=zng �o a join� de=ense, �he par�zes �ay aaaoint joinc de'=_ns<
co��::sel �o de`=_nd che clai:a, ac�_or., OI D:OCE°G'_:^.g arising ou� o` �:e
ceaccrre�t ac�s o: o:a`_ssions o_` sazd na-�iES. JO?P.L dz_'ense cour.�sel
.,�all ba se�ected by mu�ual agre=mer:� o£ t`.e oa=�`_es. ?z:�ies zgree to
s:�a-e ��e cos�s o•` snch jo±n� de_`es:se er.�d any acrzed szt�le:r•.en� :n
ecua� amocr.�s, excep� �s nrocided _a paracraph E. "_ beiow. ?ar�_es
'_rther acree tha� -o narty �ay bind -�e o�he-s �o a sec�le-:e�c
_cree�er.� w__hoc� �he wri��z-: cor,sec� o' �.._ oc�:ers.
� E .e �e--_��urse�er:c z*:d/or Realloca�io-:
Coux:ey of San Diego Opezauonal P.rea
Huilding Safety Znspect?on Mutual Aid Agxeement
6-27
Wnere z �rial cerd�ct or arbitration award allocates or determin=s the
compa.a�ive fault of the parties, those parties may seek reimbursemer.t
and/or reallocatio� o•` defense costs, settlemenc payments, judaments
and awards, consistent with such comparative fault.
9. Th_s Agreemer.t sha11 in no way abrogate or waive any o•` the im�unities
available under Federal, State and local law and regul�tions, including
but not lim±ted to the California Emerqency Services Act, Governmert
Code sec�ions 8550, et, seq.
lO. When mu�ual aid is provided, the requesting and zssisting parties, will
keep account records of the personnel, equipment, mileage, and
materials procided as required by Federal and State law, the Cali`ornia
Disaster Assistance Act, and FEMA guidelines to mahimize th2
possibility of Federal and State disaster reimbarsement. Each party
sha11 have access to ano�her party' s records for this purpose. �
11. This Agreemer.t shail tzke effect immediately upon its execution and
sh�ll remain in effect until terminated.
12 . Any party may withdraw from this Agreement, without cause, upon
delivery of prior written notice to the Agreement Coordinator
designated in Parzgraph 17 below at least ninety days prior �o t�e
withdrawal.
13. To the extent that they are inconsistent with this Agreement a11 prior
agreements for Buildieg Safety Inspection Mutual Aid between the
parcies zre hereby null and void.
1� . ReqLests for nutual aid assistance under this Agreement when more than
one city is impacted by a disaster will be channeled through the County
of San Diego 0£fice of Emergency Services to ensure mar.imum
effective�ess 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 P.merican Arbitration Association and �udgment on
the award rendered by the arbitrators may be entered in any court
having jcrisdiction thereof.
16. This Agreement in no way acts to abrogate or waive any im,-nunity
ava=_lable under the Tort Claims Act.
17 . The County of San Diego Planning and Development Services shall act as
the initial Agreement Coordinator of this program for the purpose of:
a. Beceipt of new parties to the Agreement.
County of San Diego Operational a.cea
Building Safety Inspection Mutval Aid Agreement
6-28
b. Ma_�tzir.�:ng z c��rre,� -zs� c` _�_gr.z_ory gartizs and
reorese::=ati:-es.
c. Czrcula=izg =a�uaL y z _zs� o= �!! - ---es ��d repres=r.�z_i�es
cc a11 �igna_o_y par�ies.
d. �rra�g:=g 'or a_«e-,dmen�= �o -`,e Acree-:=_-:� zs mzy b2 zecessar•_v.
. =^:e oar�y ac�_ng as �_g-eeme:ac Coord-na�or may �__r._=_er �`:=s=
-esoozsib;�-�-es to �r.o��e= party w_�'� c..� corsea� o` �._ac parLy ard
>>pon ao�i':ca�ion of =he o�:er pz-ties co �'�e . _ree:n=ac.
18. F11 signacory parties agree tha� a:p other c>>alified oub�ic agency o-
cuas`_ pubi-c zge�cy -�ay become - par�y to =..is ?.gree�e;= by ex=_cuci:�c z
dunlica�e copy o` �h`_s :gree:ner.� a�d ser.di�g sa-:e �o ��e -aree:�e-:�
Coordina�cr, _..ztially �h=_ Councy o- San Diego Deoartme�_ o= 21z;nirg
a�d �evelc�ner.� Serc_ces, adriressed as 'o1_ows: -
?he Sa^ Diego Coua�y plar..ing a�d De�eloa«=�� Se_c'_ces
Coen�y o` San Diego
� SSiO Overland Ave, Suite li0
Sa�: D:ego, C�ii_'o-�ia 52i23
Ptcer.�:o.^.: Mutual Aid Coordina�o-
Coc-vty of San Diego Cpena.ional Fv^ea
Build:n5 Sa=ety -nspection *!utual P.id Ag-eement
6-29
ZN WIiNESS THEP,20F, �he parties hereto have executed this PgreemenL by
t�eir duly authorized officers on the dates hereinafter indicated.
This Mutual Aid Agreement may be executed in one or more counterparts, eacn
of which sha11 be deemed to be an original, but all of which together shall
constitute one and the same instrument.
Attest
Ho11y Crawford
Director, Oifice of Emergency Services
County of San Diego
B : Date: f�/ 2 2 �{3
Mark Wardlaw
Director, Department Planning and Development Services
County of San Diego
By�„I-iL�i� �� � � Date: � v '�?�" � �
V
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest :
Donna Norris, City Clerk
Approved as to form:
G1en R. Googins, City Attorney
County o£ San Diego Operataonal A.cea
Building Safety Inspection Mutual zud i�gxeement
6-30
Aqp_oved as �o =orm: � ,
[N�me o- Aut:`:orizer]�pJ'�O..Y�A\�
Office o� Cou��v Counsel
��
Co���-y o= Sa-: �ieao
Bv: Date: �0�2�{I13
Covnty o_ San Diego Ooe_ational Area
5�aildiag Sa`e'y =aspec�ion lh:=::a1 Fvd Ty_eeaea_
6-31
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
� / /l��
,�
''� 'le' ' . oogins
��jCity Attorney
l"
Dated: 7i '�
COUNTTY OF SAN DIEGO OPERATIONAL AREA
PUBLIC WORKS
MUTUAL AID AGREEMENT
BETWEEN
THE COUNTY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES,
COUNTY OF SAN DIEGO DEPARTMENT OF PUBLIC WORKS, AND
TWELVE CITIES
(INCLUDING THE CITY OF CHLII.A VISTA)
6-32
County of San Diego Operational Area
Public Works Mutual Aid Agreement
T}?15 Ml:L�1ai Aid Agr=emen� is �ad= ar.c en�er=_d i��o bp �^:ose par�_es who ha�=_
adoc=ed ard sicaed �..is Fgree�e��.
4iH°_3=:=_S, Cou.^.�p oi San D'_ego 0=fice o*" -<<ergency .,-=vices, Cw�nty o_` Sae
Dieeo �epartmen= o' ?ublic works, z:�d �we�ce (12) ci�ies wichi,: �he Cour.�y
hzve exo-essed a :nu�ual _id -n�eres� _._ �he es�abiisnne;:� o' a olaz to
fac_�i�a_e ar.d encoc=zge 2ubiic Wo-ks Mc�ual Eid Aare=-,er.=` `'r°ugh°'�` `--�
Cour_�y of San Diego; and
W'r.?3?SS, �he oar�ies here_o ?:zve deter�i::=d cha� i� ;�ould be _.. �neir bes�
inte_es=s �o en�er inco a� agreea�ent that is�ple;ents ��ac plaa and sets `or�::
oroc=_G�L'LES a.^.d �he resao;sibilities o' �:^.e oar�:zs-"wh2�=�z- e,-,�erg=r.cr
personr.el, eauipner.c, and iacil'_ty zssis�aace is orovided from a-:o�her
par=y' s ncblic wor:�s stafi ar.d e�_ainee-s �o �he o�'�e=; a�d
WriE35flS, no par�y saould be in a oosi�ior. of deple�ir_g unreaso;:ably its owr.�
resources, fzc_1=_:.`_es, or serc`_ces provzdzng sucn �e�a=_� aid; and
W'r.°_3EA5, such an aaree::�e:�� is ia accord wi�h �.._ Cal�>=or�ia E:nergeacy
Sercices Act se� :o=th _- -_cie 2, �_si=_io:: i, Chap=e_ 7 (Sec=ioa E550 e�
seq. ) of the Goverr-�ent Code and specif±cally w_th :__ucle 14 (Section Bo�G
ec sea. ) of che =c�; and
W5c35nS, all car�:es mus� use che SLandardized Emercezcy Manace:�er.t Sys_e*.c
(S?MS) _.. order �o be el`_ai�ie -or oossibl= s�ate =�nd_;c o_` resaor.�se-r_lz�ed
� personnei costs oursuant �o ac�ivicies `_denti.`i>d" ir che California Code o-
Reg��lat�ozs; �
I:: co-sidera�-on o` �:�e co:c_cior.s a-c cover.zn�s con=ai:^.ed ___rein, �-�
parczes agree zs `o�iows: .
_. Fo= thzs �ree�en`� `--` •°°--ow_r.g �e=�s s�all be a=cribzd c....
:ollowis:c mear.�i::gs:
a. "Coordi^a_or° s^ail rean �i:e nerson des:g^�ced by _�ch ozr�y �o
zc� or. behal' o: t`�zL par�y or a11 macters _ela_ive �o mu�ual a-d
DL'IS:er:� to �:^.is �gree-:=r.�, to inc-edz but aot bz iimi�ed �o
_zcues�s, r_s�o*�ses, and =ei.:���rsem=��.
b. ` L�ocal -�e=gercy" =hali :�ea:a �he cu�y p-rociaimed =x:s�exe _'
cond-=zons o' dzsascer or o_` ext-«e pe-ii �o ��:__ sa=ecy o_'
a=_rso-�s zr.d p�ope-�y wi`hin Lr° `e==_`°='-=_1 li-�ics o` one c= t`.=
pa-�ies, cacsed D'y SL'CYl cor.d_�_o�s as a_r goil�_c_or., `__ , `lood,
scor�, epideric, rio�, drong'r.�, sudcea zrd s��ere e�ergy
County of San Dieqo Operational P.:ea
?ubL'c Woxks M.utual ud Agreeiaent
6-33
shor�age, plant or animal infestation or disease, the Governor' s
warning of an earthquake or volcanic prediction, or a�
ezrt�quake, or other conditions, other than condicions :escl�ing
from a labor controversy, which are or are likely to be beyond
the controi of the services, personnel, equipment, and facilities
of cnat political subdivision and require the combined °orces of
other political subdivisions to combat, or with respect to
regulaced energy utilities, a sudden and severe energy shortage
requires extraordinary measures beyond the authority vested in
the California Public Utilities Commission.
c. An ��Operational Area" for the coordination of Public Wor}:s MuLUal
Aid shall be the County and all the jurisdictions within the
Coun�y thzt are parties to this Agreement. A differer.� public
works operational area may be established by the parties in some
� unique cases, uoon written agreement by all parties.
2. Coordinators designated by each party sha11 be designated by Tit1e,
Nzme, Address and Phoae Number, and if said Coordinator chanaes, tne
other parties of Lhe Agreement shall be notified in writing as soon as
practical after the appointment has been made through the P.greement
Coordinator designated in Paragraph 17 hereinafter.
3. When a local emergency has been proclaimed by a party' s governing body
or by an authorized officizl designated by ordinance of the par�y' s
governing body, the Coordinator may request assistance.
9 . When request for assistance is received, the assisting Coordinator
shall promptly advise of the extent of response, provide whatever
personnel, equinment, and/or facilities are availzble without
jeopardizing tne safety of persons or property within their
jurisdiction. No par�y receiving a request for assistance sha11 be
under any obliaation to provide assistance and shall not izcur any
liability for not complying with the request.
5. When the assisting Coordinator' s personnel, equipment, anc/or
facilities are no longer required or when the assisting Coordinacor
advises Lhat the resources can no longer be provided to the requescing
Coordinator, the requesting Coordinator sha11 immediately arrange for
the return of those resources.
6. Requesting party shall be responsible for the safekeeping of the
resources orovided by the assistinq party. The requesting Coordinator
sha11 remain in charge of the incident or occurrence and sha11 naintain
control and direction of tne resources provided by the assisting party.
The request may include providing supervisory personnel to taxe direct
charge of the resources under the general direction of che requesting
Coordinator. The reauesting Coordinator shall make arrangements for
feeding, assisting cersor.r.el, fuelinq, serviciag, and repzir of
equipment if such support is requested by the assisting Coordinator.
County of San Diego Operational Anea
Public Works Mutual Aid Agreement
6-34
Assi=_�ir.g oz_�y' s persoa�ei sh��il ao= be dzzmec =mplcyees o' reauest_-c
�zrcv and �ic= ve-sa.
�7 . _he reau==�ing pa_�y agr=es to pay all direc�, =ndi-ec�, ad�ir.is�-a�ive
ar:d con�rac�ed cos�s o- as=iscine pz=cy �.:_u=_ed as a resul� o_'
�*ovidina assis�ance pursuanc �o c..is Agreemer." based c�on standard
_��es app�icabl= to ass_stiag aar_y' s _..te--:a_ opera�io^s . 2ayr:ten�
shal� be made w1Lh_P. 51Y.ty (60) days a'�er receia� o` a �e�a:1�d
ir.voice. ?ay�en� may be delayed �` agreed uoon by �oc� aar�ies.
3ecu=s�ir.c aarty s`���� r.o� be resporsible `or, or ass�-�e a�y 1'_�bil_�y
°or, �he direct pa}rzr.er.� of aay sa-azy or wages �o a�y office* or
e-oloyee cf �h� ass±sc'_;c party.
S. �n?�NS� =_N� IND?MNZF=CA'I£Oti
B. 1 Clai;:ts A=ising from So�e Ac�s o- Omissior.s o* a-Par�y
Bac:� par�y �o this =-creez�enc her.eby agrees to deiend anc _nde:v:ify =^z
o�her aar_ies �o �n-s Agreem=n�, t`�eir age�ts, of°icers a�d employees,
*"ro-� all clzi-�s, ac�:o�s or o_oc=edir.gs aazir.s� �ie o��:er ga-ti=s,
arising solely out o•` i�s owa zc�s o- om-_ssio.^.s in �he per_o_:nance o=
acc-ons �r.dercake,^. purscar.�� to �nis Agre2me^�. P.� eac^ p�rty' s sole
disc-e�:oa, eacn pa_�y �ay oar�ic:pate ac -�s own expense in _�,e -
defease o` a:ay cla_m, ac�ior. or proceedir.g� }JL'L suc'r. participa�ion
shail �o� _elieve ar.y party o' any oblica�io-: _-:pesed 'ny �-_s
Egreemen�. ?arLies s�a11 no�i=y each other aro:,i��ly o' any clai.*.i,
zc�_or. or proc=edir.g aad coopera�e =e1iy __, ch= defense.
8 .2 Clai:;s P.risinc =rom Co�curre�� Ac�s o- Omissio;s
The par�:es hereby agree Lo de'end �nems=loes fro� any clzi,�,
acc-on, or �roceedi-g zr_sing oc� c- c':e eo,c�_rr2^� ac=s or o�_ss±o:�s �
o_' =ne pa___es. In suc:� cases, �he par�_es zcree �o re*_a_� �:�e_r ow�
leazl co��-_sel, bear che�r owr. defe-se cos�s, =�d wa<ve �iaeir rign� co
see'.{ reiTburse-:enc c_` suc:-, cos�s, _x.cep_ as p=ocid=d :r. =ragraah .,. "_,
below.
E.3 Joir.c �2'e.^.se �
No�wi�as�ar.d_r.g Pd-cO=BD.^. 8 . 2 aboce, _n cases w�ere �he gar�_e= ag_=_e
in wricinc co a jo-:^.� dziense, .._ oarL-_es _.�ay aopoin� ',oia� deieese
coursel to de=end �he c�aim, ac�io�, or g-oceedinc a=isi-:g ouc o' �^e
coxurren� acts or o-�:ssions o'_ said o�=�_es. Jo_�� d=�ense coc;:=_=_l
s?:ail be selec�ed by *�u�>>z1 agreenen� of �^e par�ies. ?as�ies agre< co
shzre �'�e cos�s o' sec� join_ de=ense a�d any agreed sec=l=men� __.
eaual a�:eu.ts, excepc as o-ocided _�. ca-zcranh c . Y below. ?ar�ies
`�-ther agree �hat r.o aarty may bind ��e oche-s �o _ sa�tle�en�
ag-=emer.= wic!:ouc ,.__ wri��=n coase_� o� c'�e o�_-:ers .
8. 4 Rei:��crse�e;c aad/or 3ealioca_ic.:
Cour.:y of San Diego Ooerational Area
?��LC Wonks N_u.ua'_ A'_d Agreesaer.t
6-35
Where a trial ve:dict or arbitration award allocates or determines the
comozrative fault of the parties, those pzrties may seek reimbu=sement
znd/or reallocztion of defense costs, settlemer.t payments, judgnents
and awards, consisteat with such comparative fault.
9. This Agreement sha11 in no way abrogate or waive any of the immunities
availzble under Fede_al, State and local law and regulations, includir.g
buL not iimited co the California Emergency Services Act, Governmer.�
Code sections 8550, et, seq.
10. When mutual aid is p=ovided, the requesting and assisting partie�, wi11
keep account records of the personnel, equipment, mileage, ar.d
materials provided as required by Federal and State lzw, the California
Disaster Assis�ance Act, and FEMA guidelines to mar.imize the
oos_=ibili�y o= Federal aad State disaster reimbursement. Each oarty
shall have access to anotner party' s =ecords for th�is 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, upor.
delivery of prior written notice to the Agreement Coordinator
designated in Paragrzph 17 below at least ninety days prior to the �
withdrawal.
13. To the er.ten� �hat they are inconsistent with this Agreeme�t a11 prior
agreements for Public Works Mutual Aid between the parties are hereby
null and void.
14 . Reqcests for mctual aid assistance under this P.greement when more thzn
one city is impacted by a disaster wi11 be channeled through the Cou�ty
of San Diego Office of Emergency S�rvices to ensure ma�:imum
effective�ess in allocating resources to the highest priority needs.
15. Any controversy or claim arising out of or relating to this Agreement,
or che 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 zrbitrators may be entered in any cour�
having jurisdiction thereof.
16. This Agreeme�c in no way acts to abrogate or waive any i-nmu,ity
avaiiable under the Tort Claims Act.
17. ^_he County of San Diego Deparcment of Public Works shall act as the
initial Acreement Coordinator of this program for the purpose of:
a. Receipc of new parties �o the Agreement.
b. Mainta_ning a current list of signatory oazties and
representatives.
Covnty of San Diego Operational Ax�ea
Publi< Works Mutual Aid Agreement
6-36
c. Circ�la�ir.g a�r:�ua_�y a 1_s= o_' a:� nar�ie= and rzprese-:�a_i�es
�o a�i signz�ory par:ies.
d. F_ra-_giag _`or �:�end^,�en�s �o _::e -4re=_«e-�� as aay �_ -ecessarv.
Thz pa-�y actinc as ugreesaen= Coo-di^a�o- _�,ay �_�*s=er ;...zse
respo.^.sibili�ies �o z�o��:er par�y wz�'r. t�e coase-:� o' �`:at par;.y ard
upon no�i:ica�ion o= t�e o�her parcies to the :gree:a=_::�.
i"o. =�_ll sig*':a�ory par�ies aeree thac �r:y o=Y,=r c�_ali`i=_d p�.�i_c zaency or
quzsi oubl:c agency �zy become a parcy �o c�is Aareenent by execut:.:e a
duplica.e cogy o` �his .'vgree�enc a�d sencz=:g sa�= to =_�e ?.gree�er.�
� Coordinacor, iaitiz-ly �he Cour.cy o` San �ieeo �=par��e�c o` ?c�lic
� 4iorks, addr=ssed zs _`oiiows:
i'n.e San D:ego Couaty �ep�r�;nent of P�.�lic vuorks
Cocn�y Oo=_-z�ior.�s Cz�ter
5�00 Overiznd Pce, Suite 310
S�a D?ego, Cali=ornia 52?23
Couney o� San Diego Ooesa:ional Area
h:blic Works Mu.ua'_ Aid Agxeemer.t
6-37
IN WI_NESS T9ERE0?, the aarties hereto have e�ecuted this P.greemeat by
their duly authorized officers on tne dates hereina£ter indicated.
This Mutua� Aid Pgreemezt mzy be executed in one or more counterparts, each
of which shail be deemed to be an original, but all of which together sha11
constitute oze and the same instrument.
Attest
Holly Crawford
Director, Office of Emergency Services
County of San Diego
B : _ Date: ��/ Z �-//�
7 %
Richard E. Crompton
Director, Department of Public Works
County of San Diego
By: /���-.� �. � � Date: /����(�
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
County of San Diego Opexational Area
Public Woiks Mutual Aid Agreement
6-38
FPD_OV'2d "cS LO iO�R: QQQ ��- ��f
[NdTi2 Oi AL'�hOr=ZET��,f���
0_f_c° o* Coun�v Counsel
Cou=,�v oi Saz Diego
3v: Dzte: CJ/2`'{I(5
il
Cocny o4 San D:ego Ope_ational Azea
� Prb11c Works Mutual eLd Agzeemea:
6-39