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Home My WebLink About2021-07-13; Municipal Water District; ; Mutual Aid Agreement for Emergency Assistance among the San Diego County Water Authority and its Member AgenciesMeeting Date: July 13, 2021 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Vicki Quiram, General Manager vicki.quiram@carlsbadca.gov, 760-438-2722 Subject: Mutual Aid Agreement for Emergency Assistance among the San Diego County Water Authority and its Member Agencies Districts: All Recommended Actions 1.Adopt a resolution authorizing the General Manager to execute a mutual aid agreement with the San Diego County Water Authority and its member agencies to provide and receive emergency assistance 2.Adopt a resolution authorizing the General Manager to assist or request such assistance in the event of an emergency to ensure that the San Diego County Water Authority and its member agencies can provide water services and safeguard the public’s water system Executive Summary The Water Authority and its member agencies recognize that all water supplies for the San Diego region are vulnerable to earthquakes, fires, pandemics and other events. They desire to establish a mutual aid agreement that will share resources equitably to ensure safe and reliable operation of wholesale and retail water systems serving the region’s population during extraordinary events. Discussion During the COVID-19 pandemic emergency, the Water Authority and its member agencies realized the region’s water systems would be vulnerable if certified water staff were not available to operate our treatment plants and distribution systems. Water agencies that were able to do so assigned staff members to other agencies in need. At the request of member agencies, a general managers’ working group was formed in November to draft a mutual aid agreement for all member agencies to sign (Attachment A). Members of the working group were from the Olivenhain Water District, Valley Center Municipal Water District, San Dieguito Water District and Helix Water District. Most member agencies have completed attorney reviews and have signed the agreement. It is anticipated that the Water Authority’s Board of Directors will authorize the agreement in August, after all member agencies have approved the agreement. July 13, 2021 Item #9 Page 1 of 17 Options Options for consideration by the Carlsbad Municipal Water District Board: 1. Adopt a resolution authorizing the General Manager to sign the proposed mutual aid agreement and to request assistance if needed and offer to assist others in need during emergencies. Pros • Provides for a safer and more reliable water system during emergencies Cons • None identified 2. Do not approve the resolution. Pros • None identified Cons • The water system could be more vulnerable during emergencies • Carlsbad Municipal Water District will not be party to the mutual aid agreement Staff recommend Option 1 for Board approval - Adopt a resolution authorizing the General Manager to sign the proposed mutual aid agreement and to request assistance if needed and offer to assist others in need during emergencies. Fiscal Analysis There is no immediate fiscal impact resulting from this report or agreement. An incident may result in future costs or revenues, depending on the situation. The Mutual Aid Agreement stipulates that the agency providing assistance will bill the receiving agency for the cost of the services. Personnel costs will be reimbursed at the assisting agency’s cost of salaries and benefits with no overhead added; equipment will be reimbursed based on an agreed-upon amount or the Federal Emergency Management Agency reimbursement rate and materials will be reimbursed at cost. Next Steps If the board approves, the General Manager will execute the agreement. Environmental Evaluation The action being considered by the CMWD Board is exempt from the California Environmental Quality Act because it is not a “project” under Section 15378(b)(5) of the CEQA Guidelines. The action involves an organizational or administrative activity of government, which will not result in the direct or indirect physical change in the environment. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Carlsbad Municipal Water District Board resolution – authorizing execution of agreement 2. Carlsbad Municipal Water District Board resolution – authorizing assistance or provision of assistance July 13, 2021 Item #9 Page 2 of 17 RESOLUTION NO. 1659 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) OF THE CITY OF CARLSBAD CALIFORNIA, AUTHORIZING THE GENERAL MANAGER TO EXECUTE A MUTUAL AID AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY AND ITS MEMBER AGENCIES TO PROVIDE AND RECEIVE EMERGENCY ASSISTANCE WHEREAS, the CMWD Board has determined that all water supplies for the San Diego region are potentially vulnerable to earthquakes, fires, pandemics and other emergency events; and WHEREAS, the Board desires to execute a mutual aid agreement that will share resources equitably to assure safe and reliable operation of wholesale and retail water systems serving the region's population during extraordinary events. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the CMWD Board of Directors authorize the General Manager to execute an agreement with the San Diego County Water Authority and its member agencies to provide and receive emergency assistance, attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 13th day of July, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: None. MATT HALL, PRESIDENT Mrvi BARBARA ENGLESON, SECRETARY (SEAL) July 13, 2021 Item #9 Page 3 of 17 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 ATTACHMENT A July 13, 2021 Item #9 Page 4 of 17 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. July 13, 2021 Item #9 Page 5 of 17 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. July 13, 2021 Item #9 Page 6 of 17 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. July 13, 2021 Item #9 Page 7 of 17 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, July 13, 2021 Item #9 Page 8 of 17 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. July 13, 2021 Item #9 Page 9 of 17 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) July 13, 2021 Item #9 Page 10 of 17 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 July 13, 2021 Item #9 Page 11 of 17 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 July 13, 2021 Item #9 Page 12 of 17 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 July 13, 2021 Item #9 Page 13 of 17 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 July 13, 2021 Item #9 Page 14 of 17 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 July 13, 2021 Item #9 Page 15 of 17 RESOLUTION NO. 1560 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) OF THE CITY OF CARLSBAD CALIFORNIA, AUTHORIZING THE GENERAL MANAGER TO ASSIST OR REQUEST SUCH ASSISTANCE IN THE EVENT OF AN EMERGENCY TO ENSURE THAT THE SAN DIEGO COUNTY WATER AUTHORITY AND ITS MEMBER AGENCIES CAN PROVIDE WATER SERVICES AND SAFEGUARD THE PUBLIC'S WATER SYSTEM WHEREAS, the CMWD Board has determined that all water supplies for the San Diego region are potentially vulnerable to earthquakes, fires, pandemics and other emergency events; and WHEREAS, the Board desires to execute a mutual aid agreement that will share resources equitably to assure safe and reliable operation of wholesale and retail water systems serving the region's population during extraordinary events; and WHEREAS, the General Manager will assist and request assistance under the mutual aid agreement in the event of an emergency to ensure that the San Diego Water Authority and its member agencies can provide water services and safeguard the public's water system. NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the CMWD Board of Directors authorize the General Manager to assist or request assistance in the event of an emergency to ensure that the San Diego County Water Authority and its member agencies can provide water services and safeguard the public's water system. July 13, 2021 Item #9 Page 16 of 17 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 13th day of July, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: None. ofr#7' 62/Z( MATT HALL, PRESIDENT \J/v1,c1c-)n,i--1/1716/1 BARBARA ENGLESON, SECRETARY (SEAL) July 13, 2021 Item #9 Page 17 of 17