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California Water/Wastewater Agency Response Network (CalWARN)California Water/Wastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CaIWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CaIWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.orq; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. Now, THEREFORE, in consideration of the conditions and covenants contained therein, the City of Poway (Utility) agrees to abide by the current CaIWARN Omnibus Mutual Assistance Agreement and the CaIWARN ACS Chapter Governance Document. Date: Name: (printed) Title: 4/15/2021 Troy DePriest (signature) Assistant Director of Public Works for Water Utilities Please return a signed copy of this page to: CWC-ACS@a,YourACS.orq California Water/Wastewater Agency Response Network (CaIWARN) 2007 Omnibus Mutual Assistance Agreement WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.orq; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. Now, THEREFORE, in consideration of the conditions and covenants contained therein, the (Utility) agrees to abide by the current CalWARN Omnibus Mutual Assistance Agreement and the CaIWARN ACS Chapter Governance Document. Date: Name: (printed) Title: (signature) Please return a signed copy of this page to: CWC-ACSAYourACS.orq 1 Articles of Agreement 2 California Water/Wastewater Agency Response Network 3 WARN 2007 Omnibus Mutual Assistance Agreement 4 5 This AGREEMENT is made and entered into by those water and wastewater utilities which have 6 adopted and signed this agreement to provide mutual assistance in times of emergency in 7 accordance with the California Emergency Services Act and the California Disaster and Civil 8 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies 9 and personnel made available on an emergency basis. 10 11 All of said water and wastewater utilities being herein referred to collectively as "the parties." 12 13 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree 14 to provide mutual assistance to one another in times of emergency as follows: 15 16 17 ARTICLE I. 18 PURPOSE 19 20 Recognizing that emergencies may require assistance in the form of personnel, equipment, and 21 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate 22 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, 23 Members coordinate response activities and share resources during emergencies. This 24 Agreement sets forth the procedures and standards for the administration of the Intrastate 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public 26 and private, in the State of California. 27 28 29 ARTICLE II. 30 DEFINITIONS 31 32 A. Authorized Official — An employee or officer of a Member who is authorized to: (1) request 33 assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance 34 under this. 35 36 B. Emergency — A natural or human caused event or circumstance causing, or imminently 37 threatening to cause impact to the operations of a member utility's system, loss of life, injury 38 to person or property, human suffering or financial loss, and includes, but is not limited to, 39 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic 40 activity, spills or releases of oil or hazardous material, contamination, utility or transportation 41 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or 42 other conditions which is, or is likely to be beyond the control of the services, personnel, 43 equipment, and facilities of a Member and requires mutual assistance. 44 45 C. Member— Any public or private water or wastewater utility that manifests intent to 46 participate in the Mutual Aid and Assistance Program by executing this, the California 47 Water/Wastewater Agency Response Network (CaIWARN) Agreement. 48 49 D. Associate Member— Any non utility participant, approved by the State Steering Committee, 50 that provides a support role for the WARN program, for example State Department of Public CaIWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30, 2007 by Vote of Members 1 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC 2 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the 3 WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating 4 utilities. The database will be maintained on the WARN website, managed by a volunteer 5 Member, as appointed by the SSC. 6 7 8 ARTICLE IV. 9 PROCEDURES 10 11 A. In coordination with the Regional Steering Committees, emergency management and public 12 health system of the state, the State Steering Committee shall develop operational and 13 planning procedures for the Mutual Aid and Assistance Program. These procedures shall 14 be consistent with the Standardized Emergency Management System (SEMS) and the 15 National Incident Management System (NIMS), reviewed at least annually and updated as 16 needed by the State Steering Committee. 17 18 B. Requests for emergency assistance under this Agreement shall be directed to the 19 appropriate Authorized Official(s) from the list of Members. 20 21 C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for 22 mutual assistance under this Agreement may be channeled through the CUEA Utility 23 Operation Center to ensure maximum effectiveness in allocating resources to the highest 24 priority needs. 25 26 27 ARTICLE V. 28 REQUESTS FOR ASSISTANCE 29 30 In general, assistance will be in the form of resources, such as equipment, supplies, and 31 personnel. Assistance shall be given only when Responding Member determines that its own 32 needs can be met while rendering assistance. The execution of this Agreement shall not create 33 any duty to respond on the part of any party hereto. A potential Responding Member shall not 34 be held liable for failing to provide assistance. A potential Responding Member has the 35 absolute discretion to decline to provide any requested assistance. 36 37 A. Member Responsibility - Members shall identify an Authorized Official and alternates; 38 provide contact information including 24-hour access; and maintain resource information 39 made available by the utility for mutual aid and assistance response, as allowed by utility 40 policy. Such information shall be updated annually or as changes occur (whichever is 41 sooner), provided to the State Steering Committee, and uploaded into the statewide 42 database. 43 44 B. Member Request - In the event of an Emergency, a Member's Authorized Official may 45 request mutual aid and assistance from a participating Member. Requests for assistance 46 can be made orally or in writing. When made orally, the request for personnel, equipment, 47 and supplies shall also be prepared in writing and submitted to the participating Member as 48 soon as practicable. Requests for assistance shall be directed to the Authorized Official of 49 the participating Member. Specific protocols for requesting aid shall be provided in the 50 procedures developed under Article IV. 51 CaIWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30, 2007 by Vote of Members 1 2 E. Status - Unless otherwise provided by law, the Responding Member's officers and 3 employees retain the same privileges, immunities, rights, duties and benefits as provided in 4 their respective jurisdictions. 5 6 F. Licenses and Permits — To the extent permitted by law, Responding Member personnel 7 who hold licenses, certificates, or permits evidencing professional, mechanical, or other 8 skills shall be allowed to carry out activities and tasks relevant and related to their respective 9 credentials during the specified Period of Assistance. 10 11 G. Right to Withdraw Resources - The Responding Member's Authorized Official retains the 12 right to withdraw some or all of its resources at any time for any reason in the Responding 13 Member's sole and absolute discretion. Notice of intention to withdraw must be 14 communicated to the Requesting Member's Authorized Official as soon as soon as is 15 practicable under the circumstances. 16 17 18 ARTICLE VII. 19 COST REIMBURSEMENT 20 21 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member 22 shall reimburse the Responding Member for each of the following categories of costs incurred 23 while providing aid and assistance during the specified Period of Assistance. 24 25 A. Personnel — Responding Member will make such employees as are willing to 26 participate available to Requesting Member at Requesting Member's expense equal to 27 Responding Member's full cost, i.e., equal to the employee's applicable salary or hourly 28 wage plus fringe benefits and overhead, and consistent with Responding Member's 29 collective bargaining agreements or other conditions of employment. All costs incurred 30 for work performed during the specified Period of Assistance will be included. The 31 Requesting Member shall be responsible for all direct and indirect labor costs. 32 33 B. Equipment— Use of equipment, such as construction equipment, vehicles, tools, pumps 34 and generators, shall be at Responding Member's current equipment rate and subject to the 35 following conditions: The Requesting Member shall reimburse the Responding Member for 36 the use of equipment during the specified Period of Assistance, including, but not limited to, 37 reasonable rental rates, all fuel, lubrication, maintenance, transportation, and 38 loading/unloading of loaned equipment. All equipment shall be returned to the Responding 39 Member as soon as is practicable and reasonable under the circumstances. 40 (a) At the option of Responding Member, equipment may be provided with an 41 operator. 42 (b) Equipment shall be returned to Responding Member within 24 hours after receipt 43 of an oral or written request for return. 44 (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and 45 maintenance for furnished equipment. 46 (d) Responding Member's cost related to the transportation, handling and 47 loading/unloading of equipment shall be chargeable to Requesting Member. 48 (e) In the event equipment is damaged while being dispatched to Requesting Member, 49 or while in the custody and use of Requesting Member, Requesting Member shall 50 reimburse Responding Member for the reasonable cost of repairing said damaged 51 equipment. If the equipment cannot be repaired, then Requesting Member shall CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 30, 2007 by Vote of Members 1 ARTICLE IX. 2 REQUESTING MEMBER'S DUTY TO INDEMNIFY 3 4 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member 5 shall assume the defense of, fully indemnify and hold harmless Responding Member, its 6 Directors, Council Members, Supervisors, officers and employees, from all claims, loss, 7 damage, injury and liability of every kind, nature and description, directly or indirectly arising 8 from the Requesting Member's work hereunder, including, but not limited to, negligent or 9 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty 10 workmanship or other negligent acts, errors or omissions by Responding Member, or by 11 personnel provided to Requesting Member from the time assistance is requested and 12 rendered until the assistance is returned to Responding Member's control, portal to portal. 13 14 15 ARTICLE X. 16 SIGNATORY INDEMNIFICATION 17 18 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature 19 arising out of the rendering of assistance through this Agreement, the parties involved in 20 rendering or receiving assistance agree to indemnify and hold harmless all Members whose 21 only involvement is the execution and approval of this Agreement, in the transaction or 22 occurrence which is the subject of such claim, action, demand or other proceeding. Such 23 indemnification shall include indemnity for all claims, demands, liability, damages and costs, 24 including reasonable attorneys' fees and other costs of defense, for injury, property damage 25 and workers compensation. 26 27 28 ARTICLE XI. 29 WORKER'S COMPENSATION CLAIMS 30 31 The Responding Member is responsible for providing worker's compensation benefits and 32 administering worker's compensation for its employees. The Requesting Member is 33 responsible for providing worker's compensation benefits and administering worker's 34 compensation for its employees. 35 36 37 ARTICLE XII. 38 NOTICE 39 40 Each party hereto shall give to the others prompt and timely written notice of any claim 41 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, 42 contingently or otherwise, affects or might affect them, and each Member shall have the 43 right to participate in the defense of the same, as it considers necessary to protect its own 44 interests. 45 46 CaIWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members 1 2 ARTICLE XVIII. 3 SEVERABILITY 4 5 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 6 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be 7 affected, and the rights and obligations of the parties shall be construed and enforced as if the 8 Agreement did not contain the particular term or provision held to be invalid. 9 10 11 ARTICLE XIX. 12 PRIOR AGREEMENTS 13 14 To the extent that prior agreements among signatories to this Agreement for mutual assistance 15 are inconsistent with this Agreement, such agreements are hereby superseded. This 16 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus 17 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 18 19 20 ARTICLE XX. 21 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES 22 23 This Agreement is for the sole benefit of the Members and no other person or entity has rights 24 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of 25 duties created by this Agreement to third parties that are not Members is prohibited and without 26 effect. 27 28 29 ARTICLE XXI. 30 TORT CLAIMS 31 32 This Agreement in no way abrogates or waives any immunity or defense available under 33 California law. 34 35 36 ARTICLE XXII. 37 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 38 39 To the extent practicable, Members retain the right to participate in mutual aid and assistance 40 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 41 Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar 42 programs. 43 44 45 CaIWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members