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HomeMy WebLinkAboutReso 02-2012 RESOLUTION NO. 02 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE CITY OF SOUTH SAN FRANCISCO'S PARTICIPATION IN THE SAN FRANCISCO BAY REGION AUTOMATIC AID AGREEMENT FOR MARITIME EMERGENCY RESPONSE WHEREAS, the City of South San Francisco ("City") responds to approximately 25 maritime emergencies a year within its primary area of responsibility; and WHEREAS, in many instances, a maritime emergency requires the assistance of other jurisdictions; and WHEREAS, there is a recognized benefit for sending the closest marine units to incidents to minimize response times to the emergency scene even though they might cross jurisdictional boundaries; and WHEREAS, some fire departments do not possess the necessary resources to promptly and efficiently respond to all maritime emergencies that might occur in their primary area of responsibility; and WHEREAS, the San Francisco Bay Region Automatic Aid Agreement for Maritime Emergency Response ( "Agreement ") will, for the first time, organize all the available maritime emergency resources in the San Francisco Bay Region so they can be effectively administered by the United States Coast Guard ( "USCG ") to the advantage of all communities which border the Bay; and WHEREAS, the USCG and all the fire departments who have participated in the development of this Agreement believe it is desirable and necessary for the protection of life, property and the environment that each party to the Agreement should voluntarily aid and assist each other in the event a maritime emergency should occur, by the interchange of services, and resources, including but not limited to fire, police, spill response, medical and health, communication, transportation services and facilities, to cope with the problems of rescue, relief, evacuation, rehabilitation, and reconstruction in the event of a maritime emergency; and WHEREAS, for this to occur, it is necessary and desirable to enter into an automatic aid agreement; and WHEREAS, this Agreement creates the framework by which an expeditious response to render emergency medical and rescue assistance, to suppress fires, as well as mitigate other emergencies and non - emergencies, will be realized; and WHEREAS, this Agreement will be administered by the USCG; and WHEREAS, it is necessary and desirable that an automatic aid agreement be executed for the interchange of such immediate aid on a local, countywide, and regional basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves participation by the City of South San Francisco in the San Francisco Bay Region Mutual Aid Agreement for Maritime Emergency Response. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized and directed to execute the San Francisco Bay Region Automatic Aid Agreement for Maritime Emergencies, attached as Exhibit A on behalf of the City Council of the City of South San Francisco, subject to approval as to form by the City Attorney, and to take any other action consistent with the intent of this Resolution. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 11 day of January, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST rk EXHIBIT A SAN FRANCISCO BAY REGION AUTOMATIC AID AGREEMENT FOR MARITIME EMERGENCY RESPONSE This San Francisco Bay Region Automatic Aid Agreement for Maritime Emergency Response ( "Agreement ") is entered into this day of , 20 by and between the parties signatory below (hereinafter individually referred to as "Party" or collectively referred to as the "Parties" to this Agreement): WHEREAS, the Parties wish to establish an automatic aid system throughout the San Francisco Bay Region (specifically the California counties and adjacent waters of San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Marin, Sonoma and Solano inclusive of all municipalities therein east of the Golden Gate Bridge and west of the Antioch Bridge on the Sacramento River) for responses to marine emergencies; and WHEREAS, the Parties agree to send the closest marine units to incidents though they might cross jurisdictional boundaries; and WHEREAS, multiple federal, state and local response plans establish general procedures for emergency preparedness and response, but lack integrated asset policies, procedures or protocols to assure a complete, seamless and rapid response; and WHEREAS, these plans include the USCG Sector San Francisco Area Maritime Security Plan ( "AMSP "), the Area Contingency Plan ( "ACP ") and supporting annexes, and the Vessel Mutual Assistance Plan ( "VMAP"); and WHEREAS, the state of California has implemented policy guidance and direction for management of emergencies in the state under the State of California Emergency Plan; and WHEREAS, this agreement is intended to support these plans and provide an integrated immediate response capability without regard to jurisdictional constraints and impediments; and WHEREAS, there currently exists a State of California Disaster and Civil Defense Master Mutual Aid Agreement (hereby incorporated by reference) and the parties wish to utilize that agreement as the basis for this Agreement; and WHEREAS, it is desirable and necessary for the protection of life, property and the environment that each of the Parties hereto should voluntarily aid and assist each other in the event a maritime emergency should occur, by the interchange of services, and resources, including but not limited to fire, police, spill response, medical and health, communication, transportation services and facilities, to cope with the problems of rescue, relief, evacuation, rehabilitation, and reconstruction in the event of a maritime emergency; and 1 of 6 EXHIBIT A WHEREAS, it is necessary and desirable that an automatic aid agreement be executed for the interchange of such immediate aid on a local, countywide, and regional basis. NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all Parties hereto as follows: 1. Local Maritime Operational Plan. Each Party shall develop a plan providing for the effective mobilization of all its resources and facilities, both public and private, to respond to maritime emergencies that may occur within its jurisdiction. Such local plans will be incorporated into a San Francisco Bay Area Region Maritime Emergency Operational Plan by the United States Coast Guard Sector San Francisco for implementation and support of the various federal and state plans noted above. Additionally, the San Francisco Bay Area Region Maritime Emergency Operational Plan may include provisions for training and testing to make such automatic aid effective. 2. Automatic Aid. Each Party agrees to furnish resources and equipment and agrees to render services to each and every other Party to this agreement to prevent and mitigate maritime emergencies, regardless of type, in accordance with a duly adopted San Francisco Bay Area Region Maritime Emergency Operational Plan, whether heretofore or hereafter adopted, detailing the method and manner by which such resources, facilities, and any services are to be made available and furnished. However, no Party shall be required, under this Agreement, or the duly adopted San Francisco Bay Area Region Maritime Emergency Operational Plan, to deploy so much of its own resources, facilities and/or services while furnishing such automatic aid that it compromises its ability and capacity to protect its jurisdiction and respond to calls for service within its jurisdiction. It is expressly understood that this Agreement and the operational plans adopted pursuant thereto shall not supplant existing agreements between some of the Parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable, exchange, or other basis, but that the automatic aid extended under this Agreement and the operational plans adopted pursuant thereto, shall be without reimbursement unless otherwise expressly provided for by the Parties to this Agreement and that such automatic aid is intended to be available in the event of a maritime emergency of such magnitude that is, or is likely to be, beyond the control of a single party and requires the combined forces of several or all the parties to this agreement to combat. 3. Availability. It is expressly understood that the automatic aid extended under this Agreement and the operational plans adopted pursuant thereto shall be available and furnished in all cases of maritime emergencies regardless of type, provided that such automatic aid does not compromise any Party's ability and capacity to respond to calls for service within its own jurisdiction. 2 of 6 EXHIBIT A 4. Insurance. Each Party shall be responsible to provide, in its own discretion, at its sole expense, sufficient insurance for its personnel and entity. 5. Worker's Compensation. Each Party shall provide, at its sole expense, the required worker's compensation insurance coverage necessary for its own employees. It is recognized that at such times as one Party provides aid to another Party pursuant to the terms of this Agreement, the employees of the Responding Party may claim to have become special employees on a temporary basis, of the Jurisdictional Party. Should any such claim result in any worker's compensation claim being asserted, it is hereby agreed that each such claim shall be the responsibility and liability of the Responding Party as general employer to process, defend, and pay, if necessary. The Responding Party agrees to assume such responsibility as to its own employees and to hold the Jurisdictional Party harmless as to such claims only when the Jurisdictional Party is a special employer 6. Liability, Mutual Indemnification. No debt, liability, or obligation of one Party shall be the debt, obligation, or liability of another Party. Further, each Party shall be responsible for its own acts and/or omissions. To that end, each Party expressly agrees to indemnify, defend, and hold harmless the other Parties from all costs, expenses, claims, liabilities, or damages, including attorneys' fees and costs of defense, to persons or property arising out of or in any way connected with each Party's own acts and/or omissions in response automatic aid under this Agreement. The obligations created by this Section shall survive the expiration or termination of this Agreement as to activities occurring or being carried out during the term of this Agreement in the performance of this Agreement. 7. Equipment and Resources. The equipment and resources designated in the adopted San Francisco Bay Area Region Maritime Emergency Operational Plan shall be the equipment and resources that a Party shall provide to an automatic aid response. In the absence of designated equipment and resources, each Party shall provide, in its discretion, the equipment and resources it deems appropriate in any automatic aid response. 8. Coordination at Maritime Incident. The command at an automatic aid response shall be the responsibility of the Party having primary jurisdiction, in coordination with the San Francisco Bay Area Marine Firefighting Task Force and subject to the jurisdictional authorities established by federal law and regulation and assigned to the USCG Captain of the Port for overall coordination, and be consistent with NIMS, SEMS and California "Fire Scope ICS ". 9. Initial Notifications. The Party receiving the initial notification from the reporting party shall immediately notify the U.S. Coast Guard and provide the following information: a. Reporting Party's name and phone number; 3 of 6 EXHIBIT A b. Vessel Position; c. Vessel Description; d. Number of People on Board; e. Nature of Distress; and f. Whether or not the individuals on board are wearing Personal Floatation Devices. The U.S. Coast Guard may contact the Regional Mutual Aid Coordinator and request the assistance of available assets. The U.S. Coast Guard may also contact individual local fire departments directly to request resources. The Regional Mutual Aid Coordinator for the San Francisco Bay Region Automatic Aid Agreement for Maritime Emergency Response is the XXXXX Fire Department. Each agency is responsible for providing the Regional Mutual Aid Coordinator and the U.S. Coast Guard with the most up -to -date contact information. 10. Recovery of Costs for Emergency Response. Nothing set forth in this Agreement shall create, nor is intended to limit the ability of a Party to seek reimbursement from a responsible party when allowed by law. In those instances where this is allowed, the Party having jurisdiction will seek reimbursement on behalf of responding agencies similar to what occurs for hazardous materials incidents. 11. Third Party Beneficiaries. Nothing set forth in this Agreement shall create, nor is it intended to create, third party beneficiaries with rights to enforce any clause, condition or term of this agreement, or assert a claim or cause of action for breech of this Agreement. 12. Withdrawal. Any Party may at any time by appropriate formal resolution, or official written notice served on all other parties within a minimum of five business days prior to withdrawal; terminate its participation in this Agreement. 13. Effective Date. This Agreement shall be effective on the first day of the month after all Parties approve the Agreement. Notice shall be given of the acceptance, validation, and effective date by the Commander, United States Coast Guard Sector San Francisco to all the Parties. No obligation under this Agreement shall commence until written notice is given by the Commander, United States Coast Guard Sector San Francisco to all the Parties. In the event that not all the signatories approve this Agreement by May 1, 2012, the signatory Parties may agree to implement the provisions of this Agreement and any supporting plans amongst themselves or the Agreement shall become null and void, at their option. 4 of 6 EXHIBIT A 14. Extent of Agreement. This writing constitutes the entire Agreement between the Parties and supersedes all prior understandings and agreements, whether oral or written, with respect to the subject matter of this Agreement. This Agreement may not be modified, changed, supplemented, or terminated, nor may obligations under this Agreement be waived, except by written instrument signed by the Parties to this Agreement. 15. No Separate Entity. This Agreement shall not be construed to create a joint exercise of powers entity under the provisions of Government Code §6500, et seq. Notwithstanding the provisions for allocation of loss or liability provided therein, the provisions of this Agreement for loss allocation shall govern. 16. Severability. Should any term or provision of this Agreement be determined to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law. 17. Authority. The undersigned expressly represents that he or she is authorized to execute this Agreement on behalf of Party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. City and County of San Francisco City of Oakland Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX City of Richmond Fire Department Tiburon Fire Protection District (XXX) XXX -XXXX (XXX) XXX -XXXX Southern Marin Fire Protection District City of South San Francisco Fire (XXX) XXX -XXXX (XXX) XXX -XXXX City of Redwood City Fire Department Foster City Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX Menlo Park Fire Protection District City of Fremont Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX 5 of 6 EXHIBIT A City of San Mateo Fire Department Contra Costa County Fire Protection (XXX) XXX -XXXX (XXX) XXX -XXXX San Mateo County Fire Department City of San Jose Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX City of Hayward Fire Department Santa Clara County Fire Protection (XXX) XXX -XXXX (XXX) XXX -XXXX Alameda County Fire Protection District Sonoma County Fire Protection (XXX) XXX -XXXX (XXX) XXX -XXXX Petrochemical Mutual Aid Association Solano County Fire Protection (XXX) XXX -XXXX (XXX) XXX -XXXX City of Vallejo Fire Department City of Benicia Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX Alameda City Fire Department City of Berkeley Fire Department (XXX) XXX -XXXX (XXX) XXX -XXXX Marin County Fire Department Central County Fire Protection (XXX) XXX -XXXX (XXX) XXX -XXXX U.S. Coast Guard Sector San Francisco CAL Emergency Management Agency (XXX) XXX -XXXX (916) 845 -8911 1743150.1 6 of 6 U.S. Department of Captain of the Port 1 Yerba Buena Island Homeland Security /_ United States Coast Guard San Francisco, CA 94130 t Sector San Francisco Phone: (415) 399 3456 United States Fax (415) 399 -3521 Coast Guard _ 1000 South San Francisco Fire Department OCT 21 2011 Attn: Fire Chief Philip White 480 North Canal Street South San Francisco, CA 94808 Dear Chief White, I would like to extend to you my sincere appreciation for your department's leadership in advancing our port partnership through the San Francisco Bay Region Automatic Aid Agreement for Maritime Emergency Response. This important step forward allows for the effective mobilization of scarce resources spanning jurisdictional boundaries in order to appropriately address numerous threats to public safety in our shared area of responsibility. No single agency possesses the resources, authority, or jurisdiction to effectively and safely resolve a major marine incident in the San Francisco Bay Area alone. As you are well aware, interagency cooperation is a vital force multiplier in a climate of constricting budgets and it is essential that we continue to seek out new ways to leverage our shared assets to meet emerging hazards. Through the tireless efforts of all the participating agencies we have made tremendous strides in enhancing federal, state, and local interoperability during maritime incident responses. Through your signature of the proposed agreement we will continue our legacy of agency cooperation in answering the call for the people of the San Francisco Bay Area, answering all hazards, and remaining "Always Ready". We would like to extend to you an invitation to participate in a signing party to formally recognize this important endeavor. My staff will be in contact with you to discuss the date and location. If you are unable to attend the event I request that you sign the enclosed agreement and return it to my office at your earliest convenience. Please let me know if there is any assistance that my staff or I can provide in furthering this critical initiative. Sincerely, OV Captain, U. S. Coast Guard Commander, Sector San Francisco End: (1) San Francisco Bay Region Automatic Aid Agreement