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HomeMy WebLinkAboutReso 127-2018 (18-713)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 127 -2018 File Number: 18 -713 Enactment Number: RES 127 -2018 RESOLUTION APPROVING THE SAN MATEO COUNTY BUILDING DEPARTMENT MUTUAL AID AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CITIES WITHIN SAN MATEO COUNTY. WHEREAS, the City of South San Francisco and the cities and towns in San Mateo County have expressed a mutual interest in the establishment of a plan to encourage Building Department mutual aid agreements; and WHEREAS, the City Council has determined that it would be in the City's best interest to participate in a Building Department Mutual Aid Agreement; and WHEREAS, Section 8630 et seq. of the State of California Government Code, grants local agencies full power to provide mutual aid, pursuant to established agreements; and WHEREAS, a form of agreement for building department mutual aid has been presented to this Council and considered. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the County of San Mateo Building Department Mutual Aid Agreement, included as Exhibit to this resolution. ea At a meeting of the City Council on 8/8/2018, a motion was made by Richard Garbarino, seconded by Mark Addiego, that this Resolution be approved. The motion passed. Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta, and Councilmember Addiego a Attest by City of South San Francisco Page 1 EXHIBIT A County of San Mateo Building Department Mutual Aid Agreement County of San Mateo Building Department Mutual Aid Agreement 11 County of San Mateo Building Department Mutual Aid Agreement This Building Department Mutual Aid Agreement (“Agreement” or “Mutual Aid Agreement”) is made and entered into this 8th day of August, 2018, by and between the parties signatory below (hereinafter individually referred to as “Party” or collectively referred to as the “Parties” to this Agreement). WHEREAS, it is desirable and necessary for the protection of life, property and the environment that each of the parties hereto voluntarily aid and assist each other by the interchange of building department services and resources in the event of an emergency; and WHEREAS, County of San Mateo’s Building Department and all twenty (20) cities within the County of San Mateo (“County”) have expressed an interest in the establishment of a plan to facilitate and encourage Building Department Mutual Aid Agreements throughout the County of San Mateo; and WHEREAS, the Parties have determined that it would be in their best interests to enter into a Mutual Aid Agreement that implements a plan and sets forth procedures and responsibilities of the Parties whenever emergency personnel, equipment, and facility assistance is provided from another Party’s building department to the other; and WHEREAS, no Party should be in a position of unreasonably depleting its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act (“Act”) set forth in Title 2, Division 1, Chapter 7 (Section 8550 et. seq.) of the Government Code and specifically with Article 17 (Section 8630 et seq.) of the Act; and WHEREAS, all Parties must use protocols established in the Standardized Emergency Management System and the National Incident Management System to be eligible for possible state or federal reimbursement of response-related personnel and resource costs. In consideration of the conditions and covenants contained herein, the Parties agree as follows: SECTION 1 - DEFINITIONS For this Agreement, the following terms shall be ascribed the following meanings: A. “Assisting Coordinator” shall mean the Coordinator of a Party providing building department mutual aid. B. “Assisting Party” shall mean the Party to this Agreement providing building department mutual aid to another Party. County of San Mateo Building Department Mutual Aid Agreement 21 C. “Coordinator” shall mean the person designated by each Party to act on behalf of that Party on all matters relative to building department mutual aid, to include but not be limited to requests, responses, and reimbursement. This term shall also include the following distinct Coordinators: 1. Operational Area Coordinator is the individual who arranges and coordinates distribution of building department mutual aid countywide. 2. Zone Coordinator is the individual who coordinates distribution of building department mutual aid from resources assigned by the operational area to local jurisdictions within a geographic zone. 3. Local Coordinator is the individual who fulfills the functionality equivalent role of a city or town Building Department Branch Director. 4. “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, 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. 5. An “Operational Area” for the coordination of Building Department Mutual Aid will be San Mateo County and all the jurisdictions within the County that are Parties to this Agreement. Consistent with the Standardized Emergency Management System, the Operational Area is an intermediate level of the state emergency services organization, which serves as a link in the systems of communications and coordination between the political subdivisions comprising the Operational Area and the Regional or State Emergency Operations Center (s). 6. “Requesting Coordinator” shall mean the Coordinator of a Party requesting building department mutual aid. 7. “Requesting Party” shall mean the Party to this Agreement requesting building department mutual aid. SECTION 2 – DESIGNATION OF COORDINATOR Coordinators shall be designated by each Party; the Title, Name, Address, and Phone Number of the Coordinator shall be provided to the Operational Area Coordinator designated in Paragraph 21 hereinafter. If said designation changes, the Parties shall notify the Operational Area County of San Mateo Building Department Mutual Aid Agreement 31 Coordinator as soon as practical after the appointment has been made. SECTION 3 – MUTUAL AID When a local emergency has been proclaimed by a Party’s governing body or authorized official, the Requesting Coordinator may request assistance from the Parties in accordance with the Procedures Guide attached as Exhibit A to this Agreement. In situations where extreme imminent threat to life, property, or the environment exists, the requirement for a proclamation before providing assistance may be waived under the presumption that such a proclamation will be made in accordance with all local and state regulations as promptly as reasonably possible. SECTION 4 – TERM The term of this agreement is for ten years from May 1, 2018. SECTION 5 - AVAILABILITY The Parties agree that the mutual aid extended under this Agreement and the operational plans implementing this agreement are to be available and furnished in all cases of emergencies regardless of type, provided that such mutual aid does not compromise any Party’s ability or capacity to respond to calls for service within its own jurisdiction. When request for assistance is received, the Assisting Coordinator will promptly advise of the extent of response, provide whatever personnel, equipment, and 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. SECTION 6 – RETURN TO RESOURCES When the Assisting Party’s personnel, equipment, 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. SECTION 7 – SAFEKEEPING OF RESOURCES 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 the provision of supervisory personnel to take direct charge of the resources under the general direction of the Requesting Coordinator. The Requesting Party shall make arrangements for feeding and/or assisting personnel, and for fueling, servicing, and repair of equipment unless the Assisting Coordinator agrees that these arrangements are not necessary or are to be provided by the Assisting Party. SECTION 8 – EMPLOYMENT STATUS The Assisting Party’s personnel shall not be deemed employees of Requesting Party and vice County of San Mateo Building Department Mutual Aid Agreement 41 versa. SECTION 9 - INSURANCE Each Party shall be responsible to provide, in its own discretion, at its sole expense, the insurance specified in Exhibit B. Self-insurance is also acceptable. SECTION 10 – 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 under the terms of this Agreement, the employees of the Assisting Party may claim to have become special employees on a temporary basis of the Requesting 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 Assisting Party as general employer to process, defend, and pay, if necessary. SECTION 11 – MUTUAL AID COSTS The Requesting Party agrees to pay all reasonable direct, indirect, administrative and contracted costs of the Assisting Party incurred as a result of providing assistance under 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. SECTION 12 – DEFENSE AND INDEMNIFICATION 12.1 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 any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of 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 of any claim, action or proceeding and cooperate fully in the defense. 12.2 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 12.3 below. 12.3 Joint Defense. Notwithstanding paragraph 12.2 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 County of San Mateo Building Department Mutual Aid Agreement 51 defense and any agreed settlement in equal amounts, except as provided in paragraph 12.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. 12.4 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 and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. The Parties expressly waive pro rata allocation off liability under Government Code Section 895.6. SECTION 13 – NO WAIVER 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 8655 et seq. SECTION 14 - RECORDS 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. SECTION 15 - EFFECTIVE DATE This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. SECTION 16 - WITHDRAWAL Any Party may withdraw from this agreement, with or without cause, upon delivery of one- hundred twenty (120) days prior written notice to the Operational Area Coordinator designated in Paragraph 21 below. SECTION 17 – PRIOR AGREEMENTS To the extent that they are inconsistent with this agreement, all prior agreements for Building Department Mutual Aid between the Parties are hereby null and void. This agreement expressly supersedes the June 14, 1994 “Building Department Mutual Aid Agreement” entered into by the County of San Mateo and the cities in San Mateo County. This process does not preclude any routine or shared services for which the Parties may provide, may already have contracted, or may contract in the future. SECTION 18 – MULTIPLE REQUESTS Requests for building department mutual aid under this agreement when more than one city is County of San Mateo Building Department Mutual Aid Agreement 61 impacted by an emergency will be channeled through the Operational Area Coordinator, whether or not that individual is activated as part of a Department Operations Center or as part of the San Mateo County Operational Area Emergency Operation Center, to ensure maximum effectiveness in allocating resources to the highest priority needs. SECTION 19 - MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw. SECTION 20 – TORT CLAIMS ACT This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. SECTION 21 – OPERATIONAL AREA COORDINATOR The County of San Mateo Department of Building Department shall act as the initial Operational Area 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 Coordinators. C. Establishing and maintaining a list of Local Coordinators who have volunteered to serve as a Zone Coordinator. D. Circulating annually a list of all Parties and Coordinators to all signatory parties. E. Arranging for amendments to the Agreement as may be necessary. SECTION 22 - EXECUTION All 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 Operational Area Coordinator, initially the County of San Mateo Department of Building Department, addressed as follows: Building Department Director County of San Mateoth 555 County Center, 5 Floor Redwood City, CA 94063-1665 County of San Mateo Building Department Mutual Aid Agreement 71 SECTION 23 – AUTHORITY TO ENTER INTO AGREEMENT Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. SECTION 24 – 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 breach of this Agreement. SECTION 25 - 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. County of San Mateo Building Department Mutual Aid Agreement 81 In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures: COUNTY OF SAN MATEO By: President, Board of Supervisors, San Mateo County Date: ATTEST: By: Clerk of Said Board Resolution # 074124 County of San Mateo Building Department Mutual Aid Agreement 91 IN WITNESS WHEREOF, each Party has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, as follows: Signatories Resolution/Action Number Date of Adoption Atherton Belmont Brisbane Burlingame Colma Daly City East Palo Alto Foster City Half Moon Bay Hillsborough Menlo Park Millbrae Pacifica Portola Valley Redwood City San Bruno San Carlos San Mateo South San Francisco Woodside County of San Mateo County of San Mateo Building Department Mutual Aid Agreement Exhibit A County of San Mateo Building Department Mutual Aid Agreement Procedures Guide I. PURPOSE The purpose of this Procedures Guide is to provide Parties to the Building Department Mutual Aid Agreement with a practical set of guidelines on how to effectively provide and receive building department assistance. The 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 are 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 OPERATIONAL AREA BUILDING DEPARTMENT MUTUAL AID 1. The most effective means of providing timely assistance to a jurisdiction impacted 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, unless waived by the Parties per paragraph 3 of the Agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR BUILDING DEPARTMENT MUTUAL AID 1. Designated Building Department Coordinator The Agreement specifies that the “Coordinator” shall mean the person designated by each party to act on behalf of that party on all matters relative to building department mutual aid, including but not 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 department resources and bind their agency for the cost of these resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. County of San Mateo Building Department Mutual Aid Agreement It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WebEOC Communication To obtain Building Department assistance, a planned method of communicating requests is essential. This includes using WebEOC as the primary means to process the request and maintain lines of communication. It is recommended that WebEOC be used to request assistance using the Resource Task (ICS-213RR). Communication via telephone, radio, microwave, etc. may be necessary in the early phases of an incident to ensure requests are being received and processed in a timely manner, and may also be used as secondary communication channels. 3. Operational Area Concept The Agreement notes that an Operational Area, normally a County and all the jurisdictions within the County, will be the basic unit for coordinating building department mutual aid. Additionally, the coordination and assistance provided will generally mirror the zone concept of mutual aid under development by the San Mateo County Office of Emergency Services. Additionally, parties to the Agreement are expected to work cooperatively to pre-plan standardized response “packages” of resources to be provided to the varying levels of incident complexity identified in the National Incident Management System (NIMS). 4. California Office of Emergency Services (Cal OES) Role Cal OES is expected to support building department mutual aid assistance under the agreement by offering assistance to the Regional and Operational Building Department Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5. Resource Lists and Contacts It is strongly recommended that lists of building department resources be developed for each participating agency in the Operational Area. This list should be populated in the resources section of WebEOC and regularly reviewed and updated. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated Local Coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, 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. It is suggested that each party develops common standardized terminologies for resources to facilitate categorizing and compiling these inventory lists. However, the development of the standardized terminology should not impede the development of these resource lists. County of San Mateo Building Department Mutual Aid Agreement 6. Arrange Care for Assisting Forces The Agreement requires that the Requesting Party be responsible for the safekeeping of the resources provided by the Assisting Party. 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 Mutual 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. 8. Proclamation of Emergency The Agreement required that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should also be requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Agency should include in their 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. Because cumulative estimates of damage across the county may be combined to establish a basis for reimbursement from the state and a gubernatorial declaration of emergency, the collection and provision of damage estimates to the Operational Area for any incident that might have countywide implication is important in obtaining external resources. 9. Agency in Charge The Agreement provides that the Requesting Coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the Assisting Party providing supervisory personnel to take direct charge of their forces under the overall di rection of the Requesting Coordinator. The intent is that the Assisting Party will 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 w ould unduly jeopardize the safety of its employees. County of San Mateo Building Department Mutual Aid Agreement 10. Checklists for Requesting Mutual Aid Each Party to the Agreement is encouraged to develop checklists for their Coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide Building Department Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function both internally to the agency and externally, and contact numbers and means for reaching them. Attachment A (San Mateo County Operational Area Building Department Checklist for Mutual Aid Assistance) is a sample checklist. County of San Mateo Building Department Mutual Aid Agreement Attachment A San Mateo County Building Department Checklist for Mutual Aid Assistance I. Pre-Event Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. 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 Local Emergency and, if warranted, request State of Emergency Proclamation through the Operational Are a Emergency Operation Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Building Department 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 available 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, hours worked, and mileage. 7. The requesting party should return the assisting party’s resources as soon as possible. County of San Mateo Building Department Mutual Aid Agreement Exhibit B INSURANCE REQUIREMENTS MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Assisting Party has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the assisting party maintains higher limits than the minimums shown above, the Requesting Party requires and shall be entitled to coverage for the higher limits maintained by the assisting party. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Requesting Party, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Assisting Party; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Assisting Party including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Assisting Party’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Assisting Party’s insurance coverage shall be primary insurance as respects the Requesting Party, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the Requesting Party, its elected and appointed officials, employees, or agents shall be excess of the Assisting Party’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the Requesting Party. County of San Mateo Building Department Mutual Aid Agreement Waiver of Subrogation Assisting Party hereby grants to Requesting Party a waiver of any right to subrogation which any insurer of said Assisting Party may acquire against the Requesting Party by virtue of the payment of any loss under such insurance. Assisting Party agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Requesting Party has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Requesting Party. The Requesting Party may require the Assisting Party to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Requesting Party. Verification of Coverage Assisting Party shall furnish the Requesting Party with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Requesting Party before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Assisting Party’s obligation to provide them. The Requesting Party reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.