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AGENDA ITEM REVIEW FORM |
5.A.
Special City Council Meeting
- Meeting Date:
- 07/09/2018
- Department Head:
- Angel Ramirez
- Submitted By:
- Angel Ramirez, Assistant Fire Chief, Fire Department
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding the Binational Prevention and Emergency Response Plan between the City of San Luis, Arizona and the City of San Luis Rio Colorado, Sonora (Angel Ramirez, Assistant Fire Chief)
SUMMARY:
The U.S. and Mexico signed a Joint Contingency Plan (JCP) that established a foundation for cooperative efforts regarding preparedness, mitigation, response and prevention of hazardous substance releases in the border area. The JCP serves as an umbrella plan which set forth a broad framework for planning efforts for 14 pairs of adjacent cities on each side of the U.S./Mexico border. The federal governments of the U.S. and Mexico have recognized the advantages for each city to share resources and manpower in times of national disasters. So too, the municipalities of San Luis, Arizona; San Luis Rio Colorado, Sonora; municipalities of Nogales, Arizona; Nogales, Sonora, the municipalities of Douglas, Arizona; Agua Prieta, Sonora and the municipalities of Bisbee, Arizona and Naco, Sonora recognize their need to cooperate with each other in times of local disasters and to take measures to reduce risks and mitigate incidents.
The Sister City Plans establish the policies, responsibilities, and procedures required to protect the health and safety of the populace, the environment, and public and private property from the effects of any incident to include but not limited to hazardous materials (HazMat), weapons of mass destruction (WMD), fires, flooding and any other types of disasters.
This plan establishes the emergency response organization for any incident occurring within the designated Sister City area. This operational plan as well can be used as a reference document. It may be used for pre-emergency planning and emergency response. Agencies having roles and responsibilities established by this plan are encouraged to develop standard operating procedures (SOPs) and emergency response checklists based on the provisions of this plan.
The City Attorney in consultation with outside Counsel Bill Sims for the Arizona Municipal Risk Retention Pool make the following changes:
The Sister City Plans establish the policies, responsibilities, and procedures required to protect the health and safety of the populace, the environment, and public and private property from the effects of any incident to include but not limited to hazardous materials (HazMat), weapons of mass destruction (WMD), fires, flooding and any other types of disasters.
This plan establishes the emergency response organization for any incident occurring within the designated Sister City area. This operational plan as well can be used as a reference document. It may be used for pre-emergency planning and emergency response. Agencies having roles and responsibilities established by this plan are encouraged to develop standard operating procedures (SOPs) and emergency response checklists based on the provisions of this plan.
The City Attorney in consultation with outside Counsel Bill Sims for the Arizona Municipal Risk Retention Pool make the following changes:
The bottom of page 4, Paragraph g:
"The municipalities involved in this understanding will not be required to pay compensation to the other for services rendered. Each party agrees to hold each other harmless from claims which may arise (collectively, “Claims”) resulting from any act or omission of any party’s personnel during such time that said personnel are serving in the jurisdiction of any party for assistance pursuant to the terms of this understanding. No party shall be obligated to indemnify another party for claims that would be subject to workers’ compensation coverage if asserted against the indemnifying party. If a claim or claims become subject to this indemnity provision, the agencies, entities and political subdivisions that are parties to the claim or claims shall expeditiously meet to discuss a common and mutual defense including proportional liability and payment of possible litigation expense and money damages."
"The municipalities involved in this understanding will not be required to pay compensation to the other for services rendered. Each party agrees to hold each other harmless from claims which may arise (collectively, “Claims”) resulting from any act or omission of any party’s personnel during such time that said personnel are serving in the jurisdiction of any party for assistance pursuant to the terms of this understanding. No party shall be obligated to indemnify another party for claims that would be subject to workers’ compensation coverage if asserted against the indemnifying party. If a claim or claims become subject to this indemnity provision, the agencies, entities and political subdivisions that are parties to the claim or claims shall expeditiously meet to discuss a common and mutual defense including proportional liability and payment of possible litigation expense and money damages."
Bottom of page 6, a new paragraph "u":
"From the time of arrival to the time of departure at the emergency scene, the party providing assistance shall be considered for all purposes to be under the direction and control of the party requesting assistance. In proceeding to and returning from the emergency scene, the party providing assistance shall not be under the direction and control of the party requesting assistance."
The City of San Luis, Arizona and the Municipality of San Luis Rio Colorado, Sonora are planning a signing ceremony of this vital Sister City Binational Cooperative Emergency Plan for July 13, 2018.
"From the time of arrival to the time of departure at the emergency scene, the party providing assistance shall be considered for all purposes to be under the direction and control of the party requesting assistance. In proceeding to and returning from the emergency scene, the party providing assistance shall not be under the direction and control of the party requesting assistance."
The City of San Luis, Arizona and the Municipality of San Luis Rio Colorado, Sonora are planning a signing ceremony of this vital Sister City Binational Cooperative Emergency Plan for July 13, 2018.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT THE REVISED BINATIONAL PREVENTION AND EMERGENCY RESPONSE PLAN BETWEEN SAN LUIS, ARIZONA AND SAN LUIS RIO COLORADO, SONORA AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- TBD
- BUDGETED AMOUNT:
- No
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- TBD
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The city's self-insurance through the Arizona Municipal Risk Retention Pool does not cover operations in Mexico. The Risk Pool staff is researching a carrier for the city to obtain separate insurance. As of the writing of this Agenda Item Review Form, we do not have the cost of coverage.