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MEMORANDUM
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TO: CITY COUNCIL
FROM: STEPHEN C. LIEBERMAN, FIRE CHIEF - FIVE CITIES FIRE AUTHORITY
SUBJECT: CONSIDERATION OF A RESOLUTION TO APPROVE THE AMENDED AND
RESTATED SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
DATE: APRIL 28, 2015
RECOMMENDATION:
It is recommended the City Council:
1. Adopt a Resolution approving the Amended and Restated San Luis Obispo Regional
Hazardous Materials Cooperative Agreement which includes: a) an increase in
annual membership fees for participating in the Team; b) amendments to and
restatement of the Cooperative Agreement governing the Team; and c) the County's
continued participation in the Team; and
2. Authorize the Mayor to sign the amended and restated Cooperative Agreement.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
Funding for Arroyo Grande, Grover Beach and Oceano is included in the operating budget
of the Five Cities Fire Authority. The annual assessment will increase from $1,000 to $5,000
for each city and from $1,000 to $2,000 for the Community Services District. The fee will
change annually based on the Consumer Price Index. However, the new assessment
structure will provide adequate funding for the Team to fund most, if not all, of its operating
costs.
The initial adjusted contribution level requirement will become effective July 1, 2015. Other
than continued representation on the JPA Board by the Fire Chief or its designee, no other
or minimal future staff time is projected.
BACKGROUND:
Organization
The San Luis Obispo Regional Hazardous Materials Response Team (the "Team") was
established in 1993 through a Cooperative Agreement (the "Agreement") signed by the
governing bodies of all fire agencies in the County. Agencies participating in the Team are
referred to as Member Agencies, and employees of those agencies who respond to
Item 8.f. - Page 1
CONSIDERATION OF A RESOLUTION TO APPROVE THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE
AGREEMENT
APRIL 28, 2015
PAGE 2
emergencies with the Team are referred to as Team Members. The Agreement specifies
that Member Agencies will provide funding for the Team, and that the Team will be
governed by a Board of Directors.
The Board of Directors establishes team policies and agreements in accordance with the
purpose of the Agreement, and oversees the Team's finances and the property utilized by
the Team. It also oversees the operation of the Team from a strategic level. Actual
operation of the Team on incidents is directed by the Team Leader and/or the Incident
Commander.
The Team is composed of dedicated Members with a history of success, and receives
strong support from Member Agencies. Team Members are employees of those agencies
who have volunteered to serve on the Team. The fire service provides the greatest number
of Team Members and of administrative support.
Current Member Agencies Department No. of Team Members
Avila Beach CSD Fire Department Included in
County Fire
CA Department of Corrections CIVIC Fire Department None
CA Department of State Hospitals Atascadero State Hosp. Fire Dept None
CA Military Department Camp Roberts Fire Department None
California Polytechnic State Univ. Campus Police Department None
Cambria CSD Fire Department 1 team mbr
Cayucos Fire Protection District Fire Department None
City of Arroyo Grande Five Cities Fire Authority 2 Five Cities Fire
mbrs
City of Atascadero Fire Department 3 team mbrs
City of Grover Beach Five Cities Fire Authority 2 Five Cities Fire
mbrs
City of Morro Bay Fire Department None
City of Paso Robles Fire Department 4 team mbrs
City of Pismo Beach Fire Department 3 team mbrs
City of San Luis Obispo Fire Department 7 team mbrs
County of San Luis Obispo Environmental Health Department 5 team mbrs
Fire Department 14 team mbrs
Los Osos CSD South Bay Fire Department Included in County Fire
Oceano CSD Five Cities Fire Authority 2 Five Cities Fire mbrs
San Miguel CSD Fire Department None
Santa Margarita CSD Fire Department None
Templeton CSD Fire Department None
The Team's organizational structure was redefined in 2013 by the Board of Directors. The
duties of the previous part-time paid Business Manager were divided between two positions:
a Team Leader and a Business Manager. Duties for both positions are defined in formal job
descriptions developed and managed by the Board of Directors.
Item 8.f. - Page 2
CONSIDERATION OF A RESOLUTION TO APPROVE THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE
AGREEMENT
APRIL 28, 2015
PAGE 3
The Team Leader is a full-time fire department member who completes his/her Team
Leader roles while on-duty and at no additional cost to his/her fire department or to the
Team. The position is intended to be rotated to share this workload burden among Member
Agencies. The Team Leader manages operational and training programs, coordinates the
efforts of Member Agencies and Team Members, and advises the Board of Directors. The
position oversees newly developed committees for Training, Policy, Equipment/IT, and
Outreach. These committees develop and maintain Standard Operating Guidelines
(SOG's), determine equipment needs, and take on related tasks.
The Business Manager is a part-time, paid employee of the Team. The City of San Luis
Obispo handles payroll for the position, and is reimbursed by the Team for these costs.
This position provides guidance and administrative support to the Team and to the Board of
Directors, administers the budget, and keeps track of all Team Member requirements.
Operations
The Team responds to emergency incidents throughout the County and, depending on the
situation, takes action to assess and mitigate hazards. Team responses are in accordance
with established protocols, approved by the Board of Directors. Upon notification of an
incident involving hazardous materials, three Team Members respond to the incident as an
Assessment Team. Based upon their observations, the Assessment Team makes
recommendations to the Incident Commander to upgrade or downgrade the incident in
terms of additional hazardous materials personnel and resources required for safe incident
mitigation.
Finances
The Agreement establishes funding for the Team through an annual assessment of $1,000
paid by each of the Team's 21 Member Agencies. The total annual budgeted revenue for
the Team has remained unchanged since 1993. However, the Team has benefitted from
significant grant funding used to provide the training and equipment needed for safe and
effective operations.
The cost of operating the Team has increased significantly as a result of:
• Year-to-year inflationary factors;
• Increasingly complex standards for supplies and equipment used by the Team and
for training mandated for the Team's emergency responders;
• The increased complexity of hazardous materials operations in the post-9/11
environment; and,
• The increased use and transport of hazardous materials in and through the County.
Financial Challenges
The $1,000 annual assessment applies to each Member Agency, regardless of department
size, participation level, or potential for hazardous materials incidents within the agency's
jurisdictional area. This rate was set in 1993 and has never been updated. These
Item 8.f. - Page 3
CONSIDERATION OF A RESOLUTION TO APPROVE THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE
AGREEMENT
APRIL 28, 2015
PAGE 4
assessments are not enough to cover all costs, and are supplemented by many Member
Agencies directly funding operations through their own budgets.
In recent years, grant funding has become less available for these types of expenses. The
Team continues to pursue grants, but with declining levels of success.
Reimbursement of expenses incurred responding to incidents is a potential revenue source,
but only if it is recovered by the jurisdiction where the spill occurred. If the jurisdiction
chooses not to pursue reimbursement, if a responsible party cannot be identified, or if the
responsible party is unable to provide reimbursement, the Team and/or Member Agencies
absorb the expenses from their limited operating funds. The Team cannot rely on this
unsustainable method of funding operations.
Solutions to address these challenges, which will adequately and sustainably fund the
Team's training, preparation, equipment and labor costs and which will equitably share
costs between Member Agencies are the subject of this resolution and are discussed in
greater detail below.
Organizational Challenges
The Agreement is essentially a mutual aid agreement, which creates a framework for the
Member Agencies to respond together to emergency incidents. Currently, it provides_tight
limits on operations and administration. These limitations have caused administrative and
operational complications not foreseen in 1993, which hinder the efficient operation and
administration of the Team. The equipment ownership and financial constraints placed on
the Team do not adequately allow for equipment replacement and maintenance.
Solutions to address these challenges and improve the administrative and operational
effectiveness of the Team are the subject of this Resolution and are discussed in greater
detail below.
ANALYSIS OF ISSUES:
Possible Solutions
The Board of Directors considered a number of alternatives in order to address the financial
and organizational challenges faced by the Team.
"Alternative #1" was selected by the Board of Directors and is recommended to the Council
for consideration. This alternative will increase the current $1,000 annual assessment per
Member Agency to: County - $10,000, Cities - $5,000, Districts and other jurisdictions -
$2,000, each with a built in inflator. This will increase the budgeted funding from $16,000 to
$69,000. Implementation will require a restatement of the Agreement.
Item 8.f. - Page 4
CONSIDERATION OF A RESOLUTION TO APPROVE THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE
AGREEMENT
APRIL 28, 2015
PAGE 5
This item was presented to the County Board of Supervisors on March 17, 2015. The Board
of Supervisors approved Alternative 1 with a 5-0 vote. All remaining member agencies are
currently presenting these options for individual actions prior to July 1, 2015.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Adopt a Resolution approving the Amended and Restated San Luis Obispo Regional
Hazardous Materials Cooperative Agreement which includes: a) an increase in
annual membership fees for participating in the Team (from $1,000.00 to $5,000.00),
b) amendments to and restatement of the Cooperative Agreement governing the
Team, and c) the City's continued participation in the Team; and authorize the Mayor
to sign the amended and restated Cooperative Agreement; or
• Take No Action - Any response from the San Luis Obispo Regional Hazardous
Materials Response Team into the City of Arroyo Grande after July 1, 2015 will result
in an invoice to the City for full cost recovery.
ADVANTAGES:
The fire departments in San Luis Obispo County created a regional hazardous materials
team in 1993, and this regional model has allowed the development of a well trained and
equipped team that would otherwise not be feasible due to investment, staffing levels, and
equipment needs. Regional economy of scale exists with the current organizational
structure, providing a much needed resource to residents, business owners, visitors and the
environment.
DISADVANTAGES:
Failure to support this recommended action would result in full cost recovery liability to the
City of Arroyo Grande should the hazardous materials response team be required to
respond into the community beginning July 1, 2015.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 23, 2015. The Agenda and
report were posted on the City's website on Friday, April 24, 2015. No public comments
were received.
Item 8.f. - Page 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of
Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of Pismo
Beach, City of San Luis Obispo, County of San Luis Obispo, Special Community and
other Service Districts; Los Osos, Avila Beach, Cambria, Cayucos, Oceano, San
Miguel, Santa Margarita, and Templeton, California Department of Corrections
(California Men's Colony State Prison), California Department of State Hospitals
(Atascadero State Hospital), California Military Department (California Army National
Guard, Camp Roberts), and California State University (California Polytechnic State
University San Luis Obispo), (hereinafter, "Public Agencies" or "Parties"), is at risk of a
hazardous materials release or incident from the threatened release of hazardous
materials which are transported along the major highways, railroads, and petroleum
pipelines in the County or are stored within the County for local use; and
WHEREAS, many of the Public Agencies participate in the California Master Mutual Aid
Agreement and the San Luis Obispo County Fire Services Mutual Aid Operation Plan,
and such plans provides for mutual aid response to hazardous materials emergencies;
and
WHEREAS, each of the Public Agencies provides the necessary public funds for the
protection of life and property against such releases or incidents involving hazardous
materials; and
WHEREAS, the creation of a specialized team ("Team") of personnel to respond to
hazardous material emergencies or potential emergencies in the County of San Luis
Obispo would provide the most effective use of the combined local resources and would
benefit each of the Public Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the Public
Agencies has authority to respond to hazardous materials emergencies and to operate
and maintain equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for the joint
exercise of any common power pursuant to Article I, Chapter 5, Division 7, of Title 1 of
the Government Code of the State of California; and
Item 8.f. - Page 6
RESOLUTION NO.
PAGE 2
WHEREAS, a Cooperative Agreement was entered into between the parties on October
4, 1993 ("Agreement"); and
WHEREAS, the Parties now desire to amend and restate the Agreement in its entirety.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve the amended and restated San Luis Obispo County
Regional Hazardous Materials Cooperative Agreement attached hereto as Exhibit "A".
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2015.
Item 8.f. - Page 7
RESOLUTION NO.
PAGE 3
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
BOB McFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.f. - Page 8
EXHIBIT A
AMENDMENT AND RESTATEMENT
SAN LUIS OBISPO
REGIONAL HAZARDOUS MATERIALS
COOPERATIVE AGREEMENT
WHEREAS, each of the following public agencies, City of Arroyo Grande, City of Atascadero, City
of Grover Beach, City of Morro Bay, City of Paso Robles, City of Pismo Beach, City of San Luis
Obispo, County of San Luis Obispo, Special Service Districts: Los Osos, Avila Beach, Cambria,
Cayucos, Oceano, San Miguel, Santa Margarita, and Templeton, California Department of
Corrections (California Men's Colony State Prison), California Department of State Hospitals
(Atascadero State Hospital), California Military Department (California Army National Guard,
Camp Roberts), and California State University (California Polytechnic State University San Luis
Obispo), (hereinafter, "Public Agencies" or "Parties"), is at risk of a hazardous materials release
or incident from the release of hazardous materials which are transported along the major
highways, railroads, and petroleum pipelines in the County or are stored within the County for
local use; and
WHEREAS, many of the Public Agencies participate in the California Master Mutual Aid
Agreement and the San Luis Obispo County Fire Services Mutual Aid Operation Plan, and such
plans provide for mutual aid response to hazardous materials emergencies; and
WHEREAS, each of the Public Agencies provides the necessary public funds for the protection of
life and property against releases or incidents involving hazardous materials; and
WHEREAS, the creation of a specialized team ("Team") of personnel to respond to hazardous
material emergencies or potential emergencies in the County of San Luis Obispo would provide
the most effective use of the combined local resources and would benefit each of the Public
Agencies; and
WHEREAS, consistent with Government Code section 6502.7, each of the Public Agencies has
authority to respond to hazardous materials emergencies and to operate and maintain
equipment for hazardous materials response; and
WHEREAS, the Public Agencies are authorized to contract with each other for the joint exercise
of any common power pursuant to Article I Chapter 5, Division 7, of Title 1 of the Government
Code of the State of California; and
Page 1 of 10
Item 8.f. - Page 9
WHEREAS, a COOPERATIVE AGREEMENT was entered into between the Parties on October 4,
1993 ("Agreement"); and
WHEREAS, the Parties now desire to amend and restate the Agreement in its entirety.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the Parties hereby agree, amend and restate the Agreement in its entirety as follows:
1. PURPOSE OF AGREEMENT, COMMON POWER TO BE EXERCISED
As a supplement to the San Luis Obispo County Fire Services Mutual Aid Operation Plan,
the Parties enter this Agreement for the purpose of providing for the creation and
establishment of a Regional Hazardous Materials Response Team (hereinafter "Team").
The Team shall carry out the abatement and emergency control of hazardous conditions
and stabilize the same, until these conditions can be turned over to the appropriate
authority, for further disposal.
2. NO ENTITY SEPARATE AND APART FROM THE PARTY ENTITIES
The Parties agree that the purpose of this Agreement may be accomplished without
creating an entity separate and apart from the Parties; therefore, the Parties expressly
decline to create an entity separate and apart from the Parties to this Agreement.
3. MEMBERSHIP OF BOARD OF DIRECTORS
A Regional Hazardous Material Response Team Board of Directors (hereinafter "Board")
shall be established to oversee the operation of the Team, establish Team policies and
procedures in accordance with the Purpose of this Agreement, and manage the Team's
finances and property utilized by the Team. The Board shall consist of six voting
members selected by the following procedure:
A. There shall be three standing members on the Board:
(1) The Fire Chief of the City of San Luis Obispo;
(2) The Fire Chief of San Luis,Obispo County; and
(3) A representative of the County's Environmental Health Department.
B. There shall be one member representing each of the following three geographic
areas:
Page 2 of 10
Item 8.f. - Page 10
(1) North County, which includes San Miguel, Paso Robles, Templeton,
Atascadero, Santa Margarita, Atascadero State Hospital and Camp
Roberts;
(2) South County, which includes Arroyo Grande, Pismo Beach, Grover
Beach, Avila Beach, and Oceano; and
(3) Coastal, which includes Morro Bay, Cambria, South Bay, Cayucos,
California Men's Colony, and Cal Poly.
Each of these members shall be a Fire Chief elected by the Fire Chiefs of the
communities that are represented by that area. Each electee shall serve a term of two
years. He or she may be re-elected for an unlimited number of terms.
4. BOARD MEETINGS
The Board shall establish the time and place for its meetings and shall hold at least one
annual meeting. A special meeting may be called by the Chairperson, or upon demand
of two-thirds of the six members of the Board, by noticing each Board member at least
48 hours before the time of such meeting. The notice shall specify the time and place of
the meeting and the business to be transacted. All meetings of the Board shall be open
to the public, except for those sessions which may by law be closed. The Board shall
cause its Secretary/Treasurer to maintain minutes of open meetings, which shall be
public documents available for inspection at the County of San Luis Obispo Office of
Emergency Services at all times during regular business hours of San Luis Obispo County.
No compensation shall be received by any member of the Board for his or her services.
No business shall be transacted without the presence of a quorum of the Board. A
quorum shall consist of four or more Board members. A majority vote of the quorum
shall be required to transact business. At the first Board meeting following the adoption
of the new Agreement, the Board shall adopt rules for the orderly transaction of
business.
5. BOARD OFFICERS AND EMPLOYEES
The Board shall elect officers, by majority vote, to serve as Chairperson and Vice
Chairperson. The Secretary/Treasurer shall be a non-voting member of the Board and
shall be a member of the County of San Luis Obispo Office of Emergency Services.
The Board will employ a "Business Manager" under their direction to handle Team
business such as maintaining records, recording meetings on behalf of the
Secretary/Treasurer, preparing staff reports, preparing a budget for approval by the
Board and other business matters requested by the Board. The Business Manager may
Page 3 of 10
Item 8.f. - Page 11
be paid a monthly salary. The Business Manager will not have any oversight of the
Team's emergency response activities.
The Board will also select a Team Leader, who will be a full-time employee of a Member
Agency and who will complete his/her Team Leader roles while on-duty and at no
additional cost to his/her agency or to the Team. The position will be rotated every two
years among Member Agencies in order to share the workload. The Team Leader will:
• Manage operational and training programs.
• Coordinate the efforts of Member Agencies and Team Members.
• Function as the Team's primary technical expert and advise the Board of
Directors accordingly.
• Oversee committees for Training, Policy, Equipment/IT, and Marketing and for
other programs. Responsible for developing and maintaining Standard Operating
Guidelines (SOG's), determining equipment needs, and taking on related tasks.
• Provide leadership to the Team, so that the Team can achieve the goals and
objectives established by the Board and ensure the safe and successful
mitigation of hazardous materials incidents to which the Team responds.
• Serve as the official representative of the Team to the public, news media, and
other governmental agencies.
• Delegate these duties to other Team Members or employees of Member
Agencies, when deemed appropriate by the Team Leader.
6. FINANCING
Use of the equipment, materials, and facilities of the Parties shall be in accordance with
rules and regulations approved by the Board. The Board shall prepare an annual fiscal
year budget for the needs of the Team. The Board shall maintain an equipment
replacement/contingency fund for the continued operation of the Team. The
Secretary/Treasurer shall bill each of the Parties annually or at more convenient
intervals determined by the Secretary/Treasurer. All funds shall be deposited into a
separate account to be maintained as the Regional Hazardous Materials Response Team
Account (hereinafter "Account"). The Board shall have access to the Account upon
signature of any two Board members. In the event any Party fails to contribute its equal
share of the budget, as determined by the Secretary/Treasurer, such Party may be
terminated from participation on or assistance by the Team by a majority vote of the
Board.
A. Any excess in federal, state, or local funds in the Account at the end of any fiscal
year shall be transferred to the next fiscal year's budget.
Page 4 of 10
Item 8.f. - Page 12
B. During the first year, a fund shall be established by the Board and funded by
each of the Parties contributing an amount to the Account as designated in the
following table:
Parties Amount to Contribute Total First Year
First Year
County (1) $10,000 $10,000
Cities (7) $ 5,000 $35,000
Special Districts and $ 2,000 $24,000
other agencies (12)
$69,000
C. During each successive budget year the Board may through a majority vote
increase the contribution amount to the fund by a percentage not to exceed the
previous year's Consumer- Price Index (CPI)for the Los Angeles Region.
D. Upon majority approval of the Board, the fund may be expended for the
purchase of equipment, training needs, equipment repair, and other expenses
determined necessary by the Board.
E. Funds shall not be budgeted for or disbursed from the Account in a manner
which creates a deficit at anytime.
7. AMENDMENT OF AGREEMENT
The Board by a 2/3 majority vote may amend, delete or add additional sections to this
Agreement except that any changes to the financial contributions by member Parties
must comply with section 6C of this Agreement.
8. TERMINATION OF AGREEMENT
This Agreement shall remain in full force and effect until such time as a majority of the
Board shall vote to terminate this Agreement and each of such majority Board
member's Public Agency ratifies his or her vote. Each Party may individually terminate
its involvement in this Agreement, and thereby withdraw from participation on or
assistance by the Team, by providing 90 days written notice of termination to anyone of
the members of the Board. A party individually terminating involvement in this
Page 5 of 10
Item 8.f. - Page 13
Agreement shall not be entitled to any refund of funds previously paid to the Account.
In the event this Agreement is terminated by a majority vote of the Board ratified by the
majority's Public Agencies,the following shall occur:
A. All equipment and/or material donated by any agency for use by the Team shall
be returned to the agency without compensation for either ordinary wear and
tear, or replacement.
B. All property utilized exclusively by the Team shall be sold at fair market value
and the funds received shall be deposited in the Account.
C. The Secretary/Treasurer shall pay any outstanding accounts, invoices, and Board-
approved claims from the Account.
D. Any grant monies which have not been expended shall be returned to the
grantor.
E. The Account shall be disbursed proportionally to those Public Agencies which
participated in this Agreement at the time of the Board's majority vote for
termination.
9. REPORTS
The Secretary/Treasurer shall maintain the financial records of the Team in an accurate
and organized manner at all times and shall reconcile the Account on a monthly basis.
The Secretary/Treasurer shall prepare, or cause to be prepared an annual fiscal year
report. This shall include the yearly budget; the amount, date, and source of all
receipts; the amount, date, recipient, and purpose of all disbursements; the Account
balance at the beginning of the fiscal year; the Account balance at the end of the fiscal
year; and an inventory of all equipment and material owned by the Team. A copy of the
annual report shall be distributed to each Party within thirty days of the end of the fiscal
year. The Secretary/Treasurer shall furnish such other reports and data as may from
time to time be requested by the Board. All financial records shall be available for
inspection by an authorized representative of each Party upon written request and by
arrangement with the Secretary/Treasurer or other members of the Board.
10. TEAM SUPPORT AND PARTICIPATION
Each of the Parties agrees to support the Team in the following areas:
Page 6 of 10
Item 8.f. - Page 14
A. TRAINING
The Parties shall provide persons to attend various levels of training of the Team
and continuing education requirements consistent with Government Code
section 8574.19 et seq. and other applicable laws, regulations, and Team
standards set forth for operations. Each Party shall host and support training
activities.
B. STAFFING
The Parties shall provide persons to participate as members of the Team for
response to incidents or to support the Team's response.
C. INSURANCE
Each of the Parties shall provide Worker's Compensation Insurance for its fire
persons while such persons are involved with the Team. Government Code
sections 50925 et seq. (Extraterritorial Activities of Firemen) and other
applicable Worker's Compensation, liability, and/or benefits laws are
incorporated into this Agreement by reference.
D. EQUIPMENT
Each Party shall support the Team with resources whenever possible and with
regard to other Team Members be responsible for any damage or loss to such
party's resources which occurs while being used pursuant to this Agreement.
E. MEDICAL EXAMINATIONS
Medical examinations for each Party's Team members shall be provided by that
Public Agency (pursuant to CFR 1910.120 et seq.) The Parties will work
cooperatively to secure the most cost-effective approach to medical
examinations.
F. COMPENSATION TO THE PARTIES
The Parties agree that their participation in this agreement is without regard to
any reimbursement or compensation, and further agree as follows:
• The Team will actively pursue grants and donations to reduce financial
dependence on participating Public Agencies.
Page 7 of 10
Item 8.f. - Page 15
• The Parties will fully support the Team and, when possible, assign their
employee(s) to serve as Team Members regardless of receiving any
reimbursements or compensation.
• Obtaining reimbursement for services provided by the Team is a high
priority, and that it is the responsibility of the Agency Having Jurisdiction
(AHJ) to pursue such reimbursements from persons or entities
responsible for hazardous materials incidents.
• When the AHJ is a Party to this agreement, any reimbursements received
by the AHJ for an incident to which the Team responds will be equitably
distributed among those Parties who have actually incurred costs related
to the incident.
o When such reimbursement is received, the Party who is the AHJ
will notify the Business Manager and the Secretary/Treasurer of
the reimbursement amount, incident name and incident number.
o The Business Manager will, within seven days, notify all Parties of
the reimbursement and ask the Parties to submit reimbursement
requests to the Business Manager.
o Parties wishing to be reimbursed must provide a letter requesting
reimbursement within 30 days of the notification by the Business
Manager, and must include documentation of costs.
o If the Team itself incurred any costs on the incident, the Business
Manager will submit a reimbursement request on behalf of the
Team, according to the same requirements listed above.
o After 30 days have elapsed, the Business Manager will consolidate
requests received into a reimbursement plan, which will equitably
distribute the reimbursement among the Parties, and will present
the reimbursement plan at the next Board of Directors meeting
for approval.
o If the reimbursement received is less than the total of all
reimbursement requests, each Party will receive a proportionate
share of the reimbursement based on their proportion of the total
of all reimbursement requests received.
o If the reimbursement received is more than the total of all
reimbursement requests, each Party shall be fully reimbursed and
the balance of the reimbursement will be paid to the Team itself
for future use as determined by the Board of Directors.
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Item 8.f. - Page 16
11. NON-PARTICIPATION
Any Public Agency named in the first "WHEREAS" Clause of this Agreement that chooses
not to sign the Agreement can avail itself of the Team's services; however, that Public
Agency must pay all costs of such Team services as "Assistance for Hire" at the rates
determined by the Board.
12. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute the same Agreement.
13. EXECUTION
Each Public Agency that signs this Agreement shall promptly notify the County of San
Luis Obispo Office of Emergency Services and shall simultaneously forward to such office
an executed copy of its Counterpart Signature Page of this Agreement by hand-delivery
to such office. Every Public Agency desiring to participate in this Agreement must submit
its executed copy of its Counterpart Signature Page to the County of San Luis Obispo
Office of Emergency Services prior to July 1, 2015.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective authorized officers. This Agreement is deemed to be signed and executed as of the
last date a Public Agency executed this Agreement which is the day of
, 2015.
CITY OF ARROYO GRANDE
By:
Mayor
Approved by the Arroyo Grande City Council on
, 2015
ATTEST:
City Clerk, City of Arroyo Grande
Page 9 of 10
Item 8.f. - Page 17
APPROVED AS TO FORM AND LEGAL EFFECT:
City Attorney
By:
City Attorney
Date:
Page 10 of 10
Item 8.f. - Page 18