HomeMy WebLinkAboutSan Diego County Water Authority; 2021-08-25;MUTUAL AID AGREEMENT PROVIDING FOR EMERGENCY
ASSISTANCE AMONG THE SAN DIEGO COUNTY
WATER AUTHORITY AND ITS MEMBER AGENCIES
This Mutual Aid Agreement (“Agreement”) is made and entered into by and between the
San Diego County Water Authority (“SDCWA”) and each of the SDCWA member agencies that
are signatories to this Agreement (each a “Member Agency” and collectively the “Member
Agencies”). SDCWA and the Member Agencies may be referred to herein individually as “Party”
and collectively as the “Parties.”
RECITALS
WHEREAS, SDCWA and Member Agencies recognize the fact that all water supplies for
the San Diego region are potentially vulnerable to earthquakes, fires, pandemics, and other
emergencies, and desires to establish a mutual aid plan to maximize the utilization of available
water supplies, distribution facilities, equipment, and personnel to conserve, allocate, and
distribute water equitably and sustain the safe and reliable operation of wholesale and retail
water systems serving the Region’s population and avoid catastrophic interruption to normal
production and/or delivery facilities; and
WHEREAS, mutual aid is defined as emergency assistance given from one public agency
to another, under a prearranged agreement; and
WHEREAS, it is desirable that SDCWA and each of its member agencies should be free to
voluntarily aid and assist each other both in preparation for an emergency and in response to
any emergency situation, or extraordinary or unusual circumstance, such as in the event of an
earthquake, flood, fire, sabotage, riot, pandemic or other regional emergency (hereinafter
referred to as an “emergency” or “unforeseen circumstance”); and
WHEREAS, such assistance may include the interchange of materials, facilities, services,
equipment, and personnel to cope with the problems which would arise in the event of a major
emergency, or unforeseen circumstances; and
WHEREAS, materials, facilities, services, equipment and/or personnel are provided on
the basis that the providing agency can still continue operations and the receiving agency has,
or is about to, exhaust all resources; and
WHEREAS, SDCWA and the Member Agencies are each willing to assume risks due to the
use of equipment, materials and personnel furnished by the SDCWA or assisting member
agencies; and
WHEREAS, to the extent provided herein, the SDCWA and each Member Agency agree
to indemnify and hold each other harmless from any liability for injury, illness, or property
damage incurred by SDCWA and any other Member Agency or their employees, officers or
agents, or by third parties in the course of, or as a result of SDCWA or Member Agency activities
pursuant to this agreement; and
WHEREAS, this Agreement is not intended as a joint use or joint purchasing program.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein,
SDCWA and the Member Agencies agree as follows:
AGREEMENT
1. MUTUAL AID: ADOPTION OF EMERGENCY PLANS. Subject to the terms and conditions of
this Agreement, SDCWA and each Member Agency agrees to furnish resources, facilities,
personnel, and services to SDCWA and each and every other Member Agency to this
Agreement to respond to emergencies and unforeseen circumstances in accordance with duly
adopted or hereafter duly adopted emergency plans. The Party making a request for mutual
aid shall be called "Borrower" and the Party giving aid and assistance shall be called "Lender."
1.1 Emergency Plan. The SDCWA and each Member Agency shall develop a plan
("Emergency Plan") providing for the effective mobilization of its resources, facilities, and
services to respond to any type of emergency.
1.2 Voluntary Participation. No Party to this Agreement shall be liable for its failure or
inability to provide, or attempt to provide, assistance to any other Party. lt is the intent of the
Parties to provide assistance on a strictly voluntary basis. No Party shall be required to lend
any items or to unreasonably deplete its own resources, facilities, and services in furnishing
such mutual aid.
2. INTENT OF BORROWER AND LENDER. It is the intent hereof that each Borrower will use
the procedures herein established only for emergency situations or unforeseen circumstances
requiring resources beyond its existing resources. Each Lender should assist other Parties to
the extent it can do so without detriment to its own needs or impairing its ability to perform
its own normal work requirements. If the Lender determines, in its sole and absolute discretion,
that its needs are greater than those of the Borrower's, the Lender has first priority and sole
authority over its own equipment, personnel, and materials.
3. REQUEST FOR AID OR ASSISTANCE. If a Party has an emergency or unforeseen
circumstance, it shall make a request to the SDCWA or any other Member Agency or Agencies.
The requesting Party will explain the nature of the circumstance and the type of materials,
equipment or personnel expected to be needed. SDCWA is willing to assist any Member Agency
or coordinate assistance between Member Agencies or through any other agency within
SDCWA that is not a Party to this Agreement or outside the SDCWA.
3.1 Documentation. All mutual aid assistance, whether given or received, shall be
documented either in advance of lending/receiving assistance, or after the emergency
assistance is no longer required, as these records may be needed for federal and state
emergency assistance funding application requirements and must be available to the
Borrower/Lender within 30 days of the resolution of the emergency. SDCWA will develop a
standard documentation form.
3.1.1 Documentation shall include one or more of the following: (1)
photographs of damage and repairs; (2) notes on damage and repairs; (3) clippings of press
reports; (4) a record of all expenditures; (5) a record of all pertinent conversations about
specific damages and/or repairs to damaged facilities; and (6) retained receipts, invoices,
statements, and other relevant paperwork for services rendered by a contractor or vendor.
3.1.2 Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred or compensation provided under this Agreement shall be
maintained by each Party and made available at all reasonable times for four (4) years from
the date of payment for inspection by another Party.
3.2 Procedures for Borrowinq. A Lender may require a Borrower to comply with
procedures adopted by the Lender in its Emergency Plan to document requests made
hereunder.
4. CONTROL SAFETY SUPERVISION AND RECALL. It is expressly understood that the
Borrower, in whose jurisdiction the incident requiring mutual aid has occurred, shall remain in
charge for such incident, including the schedule of the work and the direction and supervision
of such personnel and equipment provided to it through the operation of this Agreement. Safe
work procedures and practices shall be observed by SDCWA or all Member Agency personnel
offering assistance. Employees lending assistance to Borrower will not be asked to perform
tasks which could lead reasonably foreseeable to injury or illness. Equipment shall be operated
according to standards and procedures, if any, provided by the Lender at the time such
equipment is lent. A Lender may recall any equipment, personnel or unused materials or
supplies at any time, but shall give the Borrower as much notice as practical prior to such recall.
5. CHARGES FOR EQUIPMENT, MATERIALS, AND PERSONNEL.
5.1 Materials. All materials borrowed but not utilized shall be returned to the Lender
in the same condition as they were when they were borrowed. The Borrower shall pay the
Lender either the cost, or the replacement cost (whichever is higher) for all materials obtained,
utilized, and not returned under this Agreement with the prior approval of the Lender, the
Borrower may replace materials and return them to the site of the Lender as soon as practical
instead of making payments.
5.2 Personnel. The Borrower shall pay the Lender's cost of salaries for the time spent
by all personnel in assisting the Borrower, including a provision for overtime, vacation,
holidays, sick leave, insurance, retirement, payroll taxes, and other direct salary costs. No
overhead costs shall be included.
5.3 Charges for Equipment. The Borrower shall pay the Lender for the use of
equipment in an amount agreed upon by the Borrower and Lender. Such charge shall be
approximately the ‐fair market value‐ rental charge but it should reflect a return to the Lender
sufficient to reimburse for the costs of ownership and operation. Unless otherwise arranged,
the default rate for equipment is the current FEMA reimbursement rate.
The Borrower shall return all equipment in undamaged condition, subject to
reasonable wear and tear. If equipment is damaged, the Borrower shall pay the cost of repair.
If equipment is damaged beyond repair, it shall be replaced by the Borrower with new or
comparable used equipment, acceptable to the Lender. The Borrower shall not be responsible
to repair equipment with pre‐existing damage.
5.4 Invoicing and Payment. The Lender shall provide the Borrower a detailed invoice
for the cost of the mutual aid services. The invoice will include assigned personnel
classification, dates and hours worked, hourly billing rates, equipment used, materials
provided, and a summary of total costs incurred. The Borrower shall notify the Lender of any
dispute of the information in the invoice within thirty (30) days of receipt. The Parties will
cooperate to resolve any disputes at the working level before resorting to legal remedies.
The Borrower shall pay the Lender within sixty (60) days of receipt of the invoice
for any undisputed charges or within fifteen (15) days after resolution of any disputed charges.
6. INDEMNIFICATION.
6.1 Indemnity for Requested Assistance. To the fullest extent provided by law, each
Borrower shall fully indemnify and hold the Lender and its elected officials, officers, employees,
contractors, authorized volunteers and agents (“Indemnified Parties”) harmless from any
liabilities, claims, demands, causes of action, costs, expenses, losses or damages, including
attorney’s fees and expert witness fees (collectively, “Claims”) arising out of, or occurring
during or in the course of the provision of assistance under this Agreement. Borrower shall
assume on behalf of the Lender, the defense of any Claims in which liability is sought to be
imposed on the Lender, or shall reimburse the Lender for all reasonable costs of defending or
responding to such action, claim or demand, including reasonable attorneys' fees.
Notwithstanding the above, Borrower shall have no obligation to indemnify, defend, or hold
harmless the Indemnified Parties to the extent the Claims are caused by the negligence,
recklessness, or willful misconduct of an Indemnified Party. Obligations arising out of this
section shall survive the termination or withdrawal from this Agreement by a Party hereto.
6.2 Liability for Joining. In the event of any Claims of whatever kind or nature arising
out of the rendering of assistance through this Agreement, the parties involved in rendering or
receiving assistance agree to indemnify and hold harmless, to the fullest extent of the law, each
signatory to this Agreement, whose only involvement in the transaction or occurrence which
is the subject of such Claims, is the execution and approval of this Agreement. Such
indemnification shall include indemnity for all Claims, including but not limited to Claims for
personal injury and property damage.
7. WORKERS' COMPENSATION AND EMPLOYEE CLAIMS; EMPLOYER RESPONSIBILITIES.
Notwithstanding any provision of this Agreement, it is the intent of the Parties that, to the
fullest extent permitted by law, any employee of a Lender that provides labor pursuant to this
Agreement, is performing the labor within the course and scope of employment for Lender,
and will therefore be covered by Lender’s workers’ compensation insurance coverage during
performance of any labor provided under this Agreement. Without limiting the generality of
Section 6.1, the Borrower shall indemnify and hold the Indemnified Parties harmless from any
and all Claims for personal injury or death incurred by such officers, employees or agents while
engaged in carrying out their duties, functions or activities under this Agreement, except to the
extent the Claims are caused by the negligence, recklessness, or willful misconduct of an
Indemnified Party.
Each Party shall pay all wages, salaries, and other amounts due to their own employees
and agents in connection with any and all services under this Agreement and as required by
law. Each Party shall be responsible for all reports and obligations respecting their own
employees, including, but not limited to, social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance. Employees or agents of one
Party shall not be deemed employees of the other for any purpose.
8. INSURANCE. Each Party shall procure and maintain Workers’ Compensation Insurance or
self‐insurance for its own employees without cost to the other Parties. In addition, each Party
shall procure and maintain its own insurance or self‐insurance for its own property and
activities, including general liability insurance and automobile insurance.
9. EXECUTION AND EFFECTIVE DATE. This Agreement may be executed by SDCWA and each
Member Agency in duplicate originals, each of which shall be considered an original
Agreement. This Agreement shall become effective as to any two or more Parties upon their
execution of this Agreement. Each signatory shall deliver an executed original to the General
Manager of the SDCWA, who will provide each participating Member Agency with a copy of all
executed signature pages and a list of all participants. Member Agencies shall, upon approval
of this Agreement, forward a certified copy of their resolution or other action approving the
Agreement to the General Manager of the SDCWA.
10. TERMINATION NOTICE. This Agreement shall remain operative and effective as between
each and every Party that has heretofore or hereafter approved or executed this Agreement
until participation in this Agreement is terminated by the Party. A Member Agency which no
longer desires to participate shall, by resolution or other action, give notice terminating its
participation in this Agreement to the General Manager of the SDCWA. This Agreement is
terminated as to such party 30 days after the filing of a certified copy of such resolution or
action with SDCWA's General Manager. Termination by one or more of the Parties of its
participation in this Agreement shall not affect the operation of this Agreement as between
the other Parties hereto.
11. AGREEMENT BINDING. This Agreement shall be binding upon and inure to the benefit of
the original parties and all parties who may subsequently enter into this Agreement, and their
successors and assigns.
12. THIRD PARTY RIGHTS. This Agreement does not create any rights whatsoever in, or confer
any right upon, any third person who is not a party to this Agreement.
13. SEVERABILITY. In the event that any one or more phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder.
14.GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Venue shall be in the state or federal courts located in San Diego County.
15.ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may only be modified by a written agreement signed by each of
the Parties hereto.
16.ATTORNEYS FEES. If any Party commences an action against another Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the prevailing
Party in such litigation shall be entitled to have and recover from the losing Party reasonable
attorney's fees, expert witness fees, and all other costs of such action.
17.NON‐WAIVER. None of the provisions of this Agreement shall be considered waived by
any Party unless such waiver is specifically provided in writing.
SIGNATURES ON THE FOLLOWING PAGE(S)
IN WITNESS WHEREOF, each of the Parties have caused this Mutual Aid Agreement to
be executed by its authorized agent or official evidencing the consent of its legislative body
hereto.
SAN DIEGO COUNTY WATER AUTHORITY:
Dated: By:
Sandra L. Kerl
General Manager
CARLSBAD MUNICIPAL WATER DISTRICT:
Dated: By:
Vicki Quiram
General Manager
CITY OF DEL MAR:
Dated: By:
Joe Bride
Public Works Director
CITY OF ESCONDIDO:
Dated: By:
Chris McKinney
Director of Utilities
8/25/2021
FALLBROOK PUBLIC UTILITIES DISTRICT:
Dated: By:
Jack Bebee
General Manager
HELIX WATER DISTRICT:
Dated: By:
Carlos Lugo
General Manager
LAKESIDE WATER DISTRICT:
Dated: By:
Brent Sanders
General Manager
CITY OF OCEANSIDE:
Dated: By:
Cari Dale
Water Utilities Director
OLIVENHAIN MUNICIPAL WATER DISTRICT:
Dated: By:
Kim Thorner
General Manager
4/20/2021
OTAY WATER DISTRICT:
Dated: By:
Jose Martinez
General Manager
PADRE DAM MUNICIPAL WATER DISTRICT:
Dated: By:
Allen Carlisle
GEO/General Manager
CITY OF POWAY:
Dated: By:
Eric Heidemann
Director of Public Works
RAINBOW MUNICIPAL WATER DISTRICT:
Dated: By:
Tom Kennedy
General Manager
RAMONA MUNICIPAL WATER DISTRICT:
Dated: By:
Craig Schmollinger
Acting General Manager
RINCON DEL DIABLO MUNICIPAL WATER DISTRICT:
Dated: By:
Clint Baze
General Manager
CITY OF SAN DIEGO:
Dated: By:
Shauna Lorance
Public Utilities Director
SAN DIEGUITO WATER DISTRICT:
Dated: By:
Isam Hireish
Interim General Manager
SANTA FE IRRIGATION DISTRICT:
Dated: By:
Al Lau
General Manager
SWEETWATER AUTHORITY:
Dated: By:
Jennifer Sabine
Interim General Manager
VALLECITOS WATER DISTRICT:
Dated: By:
Glenn Pruim
General Manager
VALLEY CENTER WATER DISTRICT:
Dated: By:
Gary Arant
General Manager
VISTA IRRIGATION DISTRICT:
Dated: By:
Brett Hodgkiss
General Manager
YUIMA MUNICIPAL WATER DISTRICT:
Dated: By:
Amy Reeh
General Manager