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San Diego County Water Authority - Mutual Aid Emergency AssistanceAGREEMENT 1. MUTUAL AID"ADOPTION OF EMERGENCY PLANS Each member agency agrees to furnish resources, facilities, and services to each and every other member agency to this Agreement to respond to major emergencies in accordance with duly adopted or hereafter duly adopted emergency plans. The entity making a request for mutual aid shall be called "Borrower" and the entity giving aid and assistance shall be called "Lender." 1.1. Emergency Plan Each member agency shall develop a plan ( "Emergency Plan ") providing for the effective mobilization of all its resources, facilities, and services to respond to any type of emergency. 1.2. Voluntary Participation No member agency shall be liable for its failure to provide, or attempt to provide, assistance to any other party. It is the intent of the parties to provide assistance on a strictly voluntary basis. No member agency 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 requiring resources beyond its existing resources. Each Lender should assist other member agencies to the extent it can do so without serious detriment to its own needs and without impairing its ability to perform its own normal work requirements. If Lender determines its needs are greater than those of Borrower's, Lender has first priority over its own equipment, personnel, and materials. 3. REQUEST FOR AID OR ASSISTANCE If a member agency has an emergency, or extraordinary or unusual circumstance, it shall make a request to the SDCWA or any other member agency or agencies. The requesting member agency 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 to coordinate assistance within the SDCWA or through any other agency outside the SDCWA. SDCWA shall maintain and coordinate a central inventory of facilities for all agencies within the SDCWA. This inventory shall be updated at least annually and shall contain the information required under Section 5. 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. 0 0 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. 3.2. Procedures for Borrowino 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 at such incident, including the schedule of the work and the direction and supervision of such personnel and equipment provided it through the operation of this Agreement. Safe work procedures and practices shall be observed by all member agency personnel offering assistance. Employees lending assistance to Borrower will not be asked to perform tasks which could lead 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 borrowed. 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. INVENTORY Each member agency shall maintain, and update at least annually, an inventory list of materials, equipment, and skilled personnel which are to be made available for use by other member agencies in the event of an emergency, or extraordinary or unusual circumstance under this Agreement. 6. CHARGES FOR EQUIPMENT, MATERIALS AND PERSONNEL 6.1. Materials All materials.borrowed but not utilized shall be returned to the Lender in the same condition that 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 approval of the Lender, Borrower may replace materials at the site of the Lender as soon as practical instead of making payments. 6.2. 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. 2 - 0 0 6.3 Charges for Equipment The Borrower shall pay the Lender for the use of equipment in an amount agreed upon by the Borrower and Lender. If agreement is not reached, the Board of Directors of the Lender shall establish a reasonable charge. Such charge shall be approximately the "fair market value" rental charge but should reflect a return to the Lender sufficient to reimburse for the cost of ownership and operation. 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 with new or comparable used equipment, acceptable to the Lender. Borrower shall not be responsible to repair equipment with pre- existing damage. 7. INDEMNIFICATION 7.1 Indemnity for Requested Assistance Notwithstanding any other provision of the law, it is agreed that each Borrower receiving assistance from another member agency (Lender) shall fully indemnify and hold the Lender harmless from any liability, claim, demand, costs or damage to or by Borrower or any third party or other member agency, however caused, arising out of, or occurring during or in the course of the provision of such assistance. Borrower shall assume on behalf of the Lender, the defense of any action at law, claim or demand 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. 7.2. Liability for Joining In the event of any liability, claim, demand, action or proceeding of whatever kind or nature arising out of the rendering of assistance through this Mutual Aid 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 Mutual Aid Agreement, whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding, is the execution and approval of this Agreement. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for personal injury and property damage. 8. WORKERS' COMPENSATION AND EMPLOYEE CLAIMS Lender's employees, officers or agents, made available to Borrower shall, except as otherwise provided under Labor Code Sections 3600.2 through 3600.6, be considered to be the special employee of Borrower and the general employee of Lender while engaged in carrying out duties, functions, or activities pursuant to this Agreement. The general and special employers shall be liable for workers' compensation liability only to the extent that each was directing and controlling the employee claimant. The special employer, if any, and general employer, shall indemnify and hold all other member agencies harmless from any and all claims, liabilities or damages for personal injury incurred by such officers, employees or agents while engaged in carrying out their duties, functions or activities, - 3 - 0 0 despite any passive negligence of other member agencies (other than their sole and exclusive negligence). 9. EXECUTION AND EFFECTIVE DATE This Agreement may be executed by 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 member agencies 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 parry to this Agreement. IN WITNESS WHEREOF, each of the participating member agencies has caused this instrument to be executed by its authorized agent or official evidencing the consent of its legislative body hereto. SAN DIEGO COUNTY WATER AUTHORITY DATED: -91Z-8b Z General Manager - 4- 0 IN WITNESS WHEREOF, the undersigned member agency has caused this Mutual Aid Agreement to provide for emergency assistance to be executed by its authorized agent or official evidencing the consent of its legislative body hereto. CITY OF POWAY DATED: lo% 9 Z By: 5 n�sucvn.n., :o.a�zasz