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HomeMy WebLinkAboutAgenda Report - February 7, 2018 C-12TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM Cl2 AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Sign the Cooperative Agreement between the City of Lodi Fire Department and San Joaquin County for Participation in Emergency Management Organizations and Incident Command Systems MEETING DATE: February 7, 2018 PREPARED BY: Interim Fire Chief RECOMMENDED ACTION Adopt Resolution Authorizing the City Manager to Sign the Cooperative Agreement between the City of Lodi Fire Department and San Joaquin County for Participation in Emergency Management Organizations and Incident Command Systems. BACKGROUND INFORMATION: The purpose of the Cooperative Agreement is to provide mutual assistance by sharing qualified incident command systems and/or emergency management personnel to participating parties for control of disasters and emergency support in the event of a major fire disaster or other emergency. The mutual aid system is designed to facilitate the rendering of aid to agencies/jurisdictions stricken by an emergency whenever its respective resources are overwhelmed or inadequate. The Cooperative Agreement between the County of San Joaquin and its special districts, the cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy allows for the sharing of qualified incident command systems and/or emergency management personnel. Costs for the sharing of management personnel would not start until the 25th hour after assignment of the first person to any one incident. As a participating member, the City would receive assistance when necessary from other participating agencies in San Joaquin County and assist cooperating agencies in San Joaquin County when necessary. If the City of Lodi were to have an incident that required management resources beyond our capabilities, the City would be able to utilize management personnel from other departments within the county free of charge within the first 24 hours of the incident. In return, the City of Lodi will offer requested management personnel in case of an emergency within the county free of charge for the first 24 hours. Beginning with the 25th hour, the requesting agency shall reimburse the providing party for all salaries and benefits. At this time, there is not an existing cooperative agreement with the County of San Joaquin. The attached agreement would implement existing practice. The attached agreement would remain in effect until January 1, 2030 unless sooner terminated. The City may withdraw as a party to this agreement at any time prior to its expiration by giving 30 days written notice to the County. Staff recommends that the City Council authorize the City Manager to sign the Mutual Aid Agreement. APPROVED: Stephen Schwab ity Manager FISCAL IMPACT: FUNDING AVAILABLE: There is no cost to enter into the agreement, however, if resources are requested and provided to the City of Lodi from a participating agency, the City will be responsible for personnel costs after the 25th hour of assignment. None Gene Stodda Interim Fire Chief COOPERATIVE AGREEMENT FOR PARTICIPATION IN SAN JOAQUIN COUNTY EMERGENCY MANAGEMENT ORGANIZATIONS AND INCIDENT COMMAND SYSTEMS A -18 - This Agreement is made and entered by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and the cities of ESCALON, LATHROP, LODI, MANTECA, RIPON, STOCKTON and TRACY, municipal corporations within San Joaquin County, California, hereinafter referred to collectively as "CITIES." RECITALS WHEREAS, the cost of responding to disasters and emergencies within the boundaries of San Joaquin County, including those within the incorporated cities within the County, can be reduced by a cooperative effort of COUNTY, CITIES and the special districts and public entities within San Joaquin County to share qualified incident command system and/or emergency management personnel; and WHEREAS, greater cost reduction and utilization of personnel resources in the emergency response of all jurisdictions can be achieved by joining the efforts of COUNTY, CITIES and the special districts and public entities within San Joaquin County to share qualified incident command system and/or emergency management personnel. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: ARTICLE 1: PROVISION OF PERSONNEL TO SERVE WITHIN LOCAL GOVERNMENT AND OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATIONS AND INCIDENT COMMAND SYSTEMS Any party to this Agreement may, upon the request of another party to this Agreement, provide personnel to serve in identified positions within local government and operational area organizations or incident command systems. Provision of such services is contingent on the availability of qualified personnel for assignment, and the duration of the assignment shall be jointly determined by both parties prior to dispatch to the requesting party. The requesting party may subsequently determine specific personnel assignments. Notwithstanding the foregoing, personnel shall only be assigned to duties for which they have been trained in accordance with standards established by the parties to this Agreement. The requesting party shall provide all equipment, forms and materials necessary for assigned personnel to perform their duties. Should the requesting party determine that the services of personnel assigned pursuant to this Agreement are not required for the entire duration of the agreed-upon assignment, the requesting party may terminate those services at any time upon notice to the assigned personnel and the providing party. Page 1 of 11 ARTICLE 2: REIMBURSEMENT CRITERIA Any party requesting personnel pursuant to this Agreement shall reimburse the providing party for all salaries and benefits of assigned personnel at the providing party's normal rate (including overtime), beginning with the 25th hour after assignment of the first person to any one incident. Such reimbursement shall include compensation for time served performing the assigned duties, as well as mileage expenses and any time spent traveling to/from the assignment location and the providing party's jurisdiction. The providing party shall submit to the requesting party all necessary documentation showing the actual cost of reimbursable compensation within 30 days of the expiration or earlier termination of the agreed-upon assignment. The requesting party shall make the reimbursement payment to the providing party promptly upon receipt and said payment shall not be dependent on alternate reimbursement from other local, state or federal sources. ARTICLE 3: INDEMNITY To the extent permitted by law, the requesting party shall indemnify, protect, defend with counsel reasonably acceptable to the providing party, and hold harmless the providing party, its officers, elected and appointed officials, employees, volunteers or agents from and against any and all claims, actions, injuries, liabilities, losses, costs, expenses and/or damages, including reasonable attorneys' fees, arising or allegedly rising from any negligent, reckless or wrongful acts, errors or omissions with respect to or in any way connected with the performance of services by the providing party, its officers, elected and appointed officials, employees, volunteers or agents, or the use of providing party's equipment, under this Agreement, except for claims, actions, injuries, liabilities, losses, costs, expenses and/or damages directly or proximately caused by the sole and active negligence or willful misconduct of the providing party. ARTICLE 4: TERM OF AGREEMENT This Agreement shall be effective from the date identified on the signature page of the last original signatory hereto until January 1, 2030. ARTICLE 5: WITHDRAWAL OF PARTY Any party to this Agreement, including those parties joining pursuant to the provisions of Article 6, may withdraw as a party to this Agreement at any time prior to its expiration by giving 30 days written notice to COUNTY. ARTICLE 6: ADDITIONAL PARTIES Any public entity within the geographical boundaries of San Joaquin County, including special districts, may become a party to this Agreement following the execution of an agreement to become a party to this Cooperative Agreement for Participation in San Joaquin County Emergency Management Organizations and Incident Command Systems ("Joinder Agreement"), the form of which is attached hereto as an exhibit and incorporated by reference herein. The Joinder Agreement shall be executed by the governing body of the public entity and submitted to San Joaquin County's Director of Emergency Operations for review and consideration. The public entity or San Joaquin County's Director of Emergency Operations shall notify all parties to this Agreement in writing that the Joinder Agreement has been submitted to the County, and Page 2 of 11 all parties shall have 30 days from the date of that notification in which to lodge any written objections with the County. If no objections are received within 30 days, San Joaquin County's Director of Emergency Operations shall promptly countersign the Joinder Agreement and the public entity shall become a party to this Agreement. The Joinder Agreement shall not be effective until it is countersigned by San Joaquin County's Director of Emergency Operations, and the Director shall not sign the Joinder Agreement until such time as any properly lodged objection is withdrawn. ARTICLE 7: MISCELLANEOUS Any notice required to be given by the terms of this Agreement shall be in writing signed by the appropriate representative of the sender and shall be deemed to have been given when personally served, upon receipt by express or overnight delivery, postage prepaid, or in five (5) calendar days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the recipient at its address of record. Addresses of record for the original signatories to this Agreement are as follows: County of San Joaquin Office of Emergency Services Attention: Director of General Services 44 N. San Joaquin Street, Suite 590 Stockton, California 95202 City of Escalon Attention: Fire Chief 1749 Coley Avenue Escalon, California 95320 City of Lathrop Attention: Fire Chief 800 E. J Street Lathrop, California 95330 City of Manteca Attention Fire Chief: 1154 S. Union Road Manteca, California 95337 City of Lodi Attention: Fire Chief 210 W. Elm Street Lodi, California 95240 City of Ripon Attention: Police Chief 259 N. Wilma Avenue Ripon, California 95366 Page 3 of 11 City of Stockton Attention: Fire Chief 425 N. El Dorado Street Stockton, California 95202 City of Tracy Attention: Fire Chief South County Fire Authority 835 Central Avenue Tracy, California 95376 This Agreement may be executed by each party on a separate signature page and, when the executed signature pages are combined, shall constitute a single instrument. This Agreement contains the entire agreement between the Parties concerning this subject matter and supersedes any and all prior agreements, understandings, representations, and statements between the Parties, officers, elected and appointed officials, employees, volunteers or agents, whether oral or written. No modification, waiver, amendment, discharge, change or revision of this Agreement shall be valid unless same is made in writing and approved by all Parties hereto. San Joaquin County's Director of Emergency Operations shall maintain copies of this Agreement, all signature pages and any Joinder Agreements submitted pursuant to Article 6. This Agreement shall be in full force and effect as of the date identified on the signature page of the last original signatory hereto. ATTEST: MIMI DUZENSKI Clerk of the Board of Supervisors of the County of San Joaquin State of California COUNTY OF SAN JOAQUIN, a political subdivision of the State of California By: By: Deputy Clerk ROBERT V. ELLIOT Chair, Board of Supervisors APPROVED AS TO FORM: J. MARK MYLES COUNTY COUNSEL By: JASON R. MORRISH Deputy County Counsel Dated: Page 4of11 ATTEST: CITY OF ESCALON, a Municipal Clerk for the City of Escalon Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 5 of 11 ATTEST: CITY OF LATHROP, a Municipal Clerk for the City of Lathrop Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 6 of 11 ATTEST: CITY OF MANTECA, a Municipal Clerk for the City of Manteca Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 7 of 11 ATTEST: CITY OF RIPON, a Municipal Clerk for the City of Ripon Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 8 of 11 ATTEST: CITY OF STOCKTON, a Municipal Clerk for the City of Stockton Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 9 of 11 ATTEST: CITY OF TRACY, a Municipal Clerk for the City of Tracy Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page l0 of 11 ATTEST: CITY OF LODI, a Municipal Clerk for the City of Lodi Corporation By: By: APPROVED AS TO FORM: CITY ATTORNEY By: Name: Dated: Name: Title: Page 11 of 11 EXHIBIT FOR ADDITION OF PARTY TO COOPERATIVE AGREEMENT FOR PARTICIPATION IN SAN JOAQUIN COUNTY EMERGENCY MANAGEMENT ORGANIZATIONS AND INCIDENT COMMAND SYSTEMS The undersigned City, Special District or other authorized public entity agrees to become a party to the February 2018 Cooperative Agreement For Participation in San Joaquin County Emergency Management Organizations and Incident Command Systems (A-18- ) and to be bound to all the terms and conditions set forth therein. It is understood that, pursuant to Article 6 of the Agreement, the undersigned public entity shall automatically become a party to the Agreement thirty (30) days following notification of the execution of this Exhibit to all the existing parties to the Agreement, provided that there is no objection from any party within that 30 -day period. In the event the undersigned desires to withdraw as a party to the Agreement, such withdrawal shall be effective by giving 30 days written notice to the County of San Joaquin. The County shall provide notice of the withdrawal to the other parties to the Agreement. [print name of public entity] By: Name: Title: Date: Address of record for purposes of Article 7 of the Agreement: [name of public entity] ATTN: [name and title] [physical mailing address] [city, state, zip] RESOLUTION NO. 2018-14 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO SIGN THE COOPERATIVE AGREEMENT BETWEEN CITY OF LODI FIRE DEPARTMENT AND SAN JOAQUIN COUNTY FOR PARTICIPATION IN EMERGENCY MANAGEMENT ORGANIZATIONS AND INCIDENT COMMAND SYSTEMS WHEREAS, the City of Lodi is a public agency located in the County of San Joaquin, State of California; and WHEREAS, the cost of responding to disasters and emergencies within the boundaries of San Joaquin County, including those within the incorporated cities within the County, can be reduced by a cooperative effort of county, cities, and the special districts and public entities within San Joaquin County to share qualified incident command systems and/or emergency management personnel; and WHEREAS, greater cost reduction and utilization of personnel resources in the emergency response of all jurisdictions can be achieved by joining the efforts of county, cities and the special districts and public entities within San Joaquin County to share qualified incident command systems and/or emergency management personnel; and WHEREAS, as a participating member, the City receives assistance when necessary from cooperating agencies in San Joaquin County and assists cooperating agencies in San Joaquin County when necessary; and WHEREAS, the term of the agreement is effective until January 1, 2030; and WHEREAS, staff recommends that the City Council authorize the City Manager to sign the Cooperative Agreement between the City of Lodi Fire Department and San Joaquin County for participation in emergency management organizations and incident command systems. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Cooperative Agreement between the City of Lodi Fire Department and San Joaquin County for participation in emergency management organizations and incident command systems. Dated: February 7, 2018 I hereby certify that Resolution No. 2018-14 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 7, 2018 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NIFER FERRAIOLO City Clerk 2018-14