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HomeMy WebLinkAboutCity of San Marcos Fire Department and San Diego County Fire Authority; 2021-02-02;INTERAGENCY TECHNICAL RESCUE TEAM MEMORANDUM OF UNDERSTANDING 1.0 PARTIES The Interagency Technical Rescue Team (TRT) Memorandum of Understanding (MOU) is entered into by and between the following agencies located within the County of San Diego, referenced herein individually as "Party" and collectively as "Parties": (1) City of Carlsbad Fire Department, (2) City of San Marcos Fire Department, (3) and County of San Diego Fire Authority. 2.0 TERM This MOU shall be effective as of November 1, 2019 and continue in full force and effect as long as two or more agencies are Parties remain as to the MOU. 3.0 PURPOSE The purpose of this MOU is to coordinate and efficiently deploy technical and urban search and rescue (US&R) resources among the Parties in order to deliver improved services within San Diego County. The Parties agree to provide qualified staff, administration, and oversight to deploy a TRT. 4.0 GOVERNANCE a.Executive Advisory Committee The Fire Chiefs of the three Parties to this MOU will serve as the Executive Advisory Committee (EAC). The EAC will meet at least annually and provide policy direction for the TRT. The EAC will review and approve items brought forth from the Technical Urban Search and Rescue Working Group (TRTWG). b.Technical Rescue Team Working Group (TRTWG) The Parties' US&R coordinators shall serve as members on the TRTWG and manage the development, delivery, and planning of training activities necessary to meet the overall goals of the TRT. The TRTWG will coordinate the Parties' operational practices and procedures, identify and facilitate necessary training activities, and review and update the Operating Plan, attached hereto as Exhibit A as needed, but at least annually. The TRTWG will appoint one member to serve as the lead of the TRTWG. 5.0 GOALS The Parties agree the goals of the coordinated US&R efforts shall include, but not be limited to, the following: •Strengthening rescue efforts •Providing technical assistance to the Incident Commander at the scene of a rescue •Providing a cost-effective Rescue Response System •Coordinating the Parties' efforts and activities •Ensuring continuity and set minimum standards for technical urban search and rescue operating procedures, personnel, training, equipment and supplies, •Ensuring core competencies and maintenance of qualifications •Avoiding duplication of services •Liaising with other rescue service providers and technical assistance resources Page 1 of 5 •Creating a system of continuous planning, constant analysis, coordination, evaluation, and improvement of the technical rescue response system 6.0 SCOPE Technical and urban search and rescue involves the location, rescue (extraction), and initial medical stabilization of victims. "Technical search and rescue" is considered a multi-hazard discipline, as it may be needed for a variety of emergencies or disasters, including earthquakes, hurricanes, typhoons, storms and tornadoes, floods, mud and debris flows, dam failures, technological accidents, terrorist activities and hazardous materials releases. Technical search and rescue operations primarily consist of, but are not limited to, the following: •Structural Collapse Rescue •Rope Rescue •Confined Space Rescue •Trench Rescue •Water Rescue 7.0 INCIDENT RESPONSE, TRAINING AND STAFFING Tiered Responses The incident commander from the authority having jurisdiction (AHJ) determines the resources necessary for a US&R incident. Options include a tiered response: Tier One: US&R Single Resources and/or US&R strike teams Tier Two: A TRT formed from on-duty agency personnel from the three Parties to this MOU. The TRT shall be composed of two Type I US&R Companies with a Carlsbad Heavy Rescue in the West and a San Diego County Fire US&R in the East. The response may be in Strike Team Configuration. Tier Three: Regional Task Force (RTF) a.Tier One: Urban Search and Rescue (US&R) Single Resource and/ or US&R Strike Team Both Carlsbad and San Diego County Fire staff operate Type I US&R vehicles. These units can respond stand alone or with additional personnel from one of the member agencies to meet the requirements for a US&R Strike Team. b.Tier Two: Technical Rescue Team (TRT) The Parties' staff shall form the TRT. The Parties agree to make a best effort to maintain the on-duty minimum staffing provided below. An on-duty TRT leader from one of the Parties shall be selected pursuant to the process identified in the Operating Plan. All personnel staffing the TRT must meet the qualifications and training requirements outlined in the Operating Plan. Party Required Staffing City of Carlsbad Fire Department Three City of San Marcos Fire Department Three Page 2 of 5 County of San Diego Fire Authority Six Any member agency Three additional Any member agency One (TRT leader) c. Tier Three: Regional Task Force (RTF) The Executive Advisory Committee has established a long-term goal of creating a RTF. The RTF will consist of highly trained and equipped personnel prepared for large or complex urban search and rescue operations. The RTF shall comply with the FIRESCOPE1 system in responding to an US&R incident. A full list of these positions is outlined in the Operating Plan. 8.0 TRAINING Training personnel and ensuring interoperability and familiarity of equipment among team members is paramount. The TRT will have a goal of training once a quarter and having one larger mobility (MOBEX) once a year. The Parties will alternate coordinating training exercises for the team. Additionally, the TRTWG will continue to address the need for specialized training courses in the County of San Diego and certification of personnel as local instructors. Minimum Training Standards are in the Operating Plan. 9.0 FUNDING Each Party shall bear the cost of training and equipping for their respective component of the TRT. The County of San Diego will fund the cost of expendable supplies and instructors for the quarterly drills and MOBEX. The TRTWG shall pursue grant opportunities for team funding. The Party requesting the TRT for an emergency incident shall be responsible for providing all logistical support for the TRT and resupply or reimburse the costs of (at the election of the providing Party) all supplies utilized, e.g. lumber and plywood. The TRT shall be considered mutual aid for the first 24 hours for the Parties. Aid provided to any jurisdiction that is not a party to this MOU shall be considered mutual aid for 12 hours. Upon expiration of the mutual aid period (24 hours for Parties, 12 hours for others), the requesting agency may seek continued assistance through the "Assistance by Hire Agreement" process, with full cost recovery to the Parties. 10.0 APPARATUS Each of the agencies shall be fully responsible for all repairs, maintenance and upkeep, including gas, oil, lubrications, parts replacement and repair of casualty damage, of all its own equipment used, in furtherance of this MOU, while said equipment is used outside of its service area. 11.0 EMPLOYEES The Parties' employees shall not be deemed employees of any of the other Parties by way of this MOW Each Party shall be responsible for all salary and benefits of its employees without cost to the other Parties. Each Party shall maintain or self-insure Workers Compensation insurance for its employees without cost to the other Parties. 1 FIRESCOPE (also known as Firefighting Resources of California Organized for Potential Emergencies). provides sample organizational charts that can be referenced for initial attack, reinforced response, extended attack and planned need responses. Page 3 of 5 12.0 NO THIRD-PARTY BENEFICIARIES This MOU and each and every provision hereof is for the exclusive benefit of the Parties hereto and not for the benefit of any third party. 13.0 NOTICE Any notice required or permitted to be given pursuant to this MOU shall be personally served by the Party giving notice or shall be served by certified mail. Notices shall be addressed as follows: City of Carlsbad Fire Department Attn: Mike Calderwood, Fire Chief County of San Diego Fire Authority Attn: Tony Mecham, Fire Chief City of San Marcos Fire Department Attn: Dan Barron, Fire Chief 14.0 SUCCESSORS AND ASSIGNS Each and all provisions hereof shall be binding on and inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors, and permitted assigns. 15.0 TERMINATION Any Party may terminate their rights and obligations under this MOU by providing at least fifteen (15) days' advance written notice of termination to the other Parties pursuant to Section 12 (Notice). The MOU will continue to be effective for all remaining Parties, to the extent that two or more Parties remain. 16.0 ALTERATIONS 17.0 This MOU represents the entire understanding of the Parties. Any changes, modifications, or amendments to this MOU shall be agreed upon and made in writing by all Parties. 18.0 SEPARATE ENTITIES The Parties to this MOU are each considered separate entities. Nothing contained in this MOU shall be deemed or construed to create a partnership, join venture or any other similar relationship between the Parties hereto or cause either Party to be responsible in any way for the debts or obligations of the other Party. 19.0 COUNTERPARTS This MOU may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same MOU. 20.0 GOVERNING LAW This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California without regard to choose of law principles. Venue for any disputes shall be only in the courts of law located in the County of San Diego, California. 21.0 INDEMNIFICATION Regardless of and despite Government Code Sections 895.2 and 895.4, the Parties agree to the following: A. Claims Arising from Sole Acts or Omissions of a Party Page 4 of 5 IN WITNESS WHEREOF, the Parties cause this MOU to be executed as of the date written above. :3 Each Party hereby agrees to defend and indemnify the other Parties, their agents, officers and employees (hereinafter collectively referred to in this paragraph as 'Indemnitees'), from any claim, action or proceeding against the Indemnitees, arising solely out of the acts or omissions of the individual Party in the performance of this MOU. At their sole discretion, the Indemnitees may participate at their own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the individual Party of any obligation imposed by this MOU. B.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 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 D below. C.Joint Defense Notwithstanding paragraph B 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 the Parties. Joint defense counsel shall be selected by mutual agreement. The Parties agree to share the costs of such joint defense"and any agreed settlement in equal amounts, except as provided in the paragraph D below. The Parties further agree that neither party may bind the other to a settlement agreement without the written consent of all Parties. D.Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. Mike Catderwood Fire Chief, City of Carlsbad 0/".Z4- 2-02 / Date Dan Barron Fire Chief, City of San Marcos 12-5- 12034 Date Herman Reddick Director, Fire Authority County of San Diego Fire Chief, County Fire Date Date Page 5 of 5