HomeMy WebLinkAboutContracts & Agreements_35-1995_CCv0001.pdf 2 MUTUAL-AIS-AGREEMENT
3 THIS AGREEMENT is between and among the undersigned members of
4 the UPPER SANTA ANA WATER RESOURCES ASSOCIATION, hereinafter referred
5 to as "ASSOCIATION", an unincorporated association organized for the
6 mutual benefit of the parties with respect to the management of water
7 resources in the Upper Santa Ana River Watershed.
8
9 WHEREAS, the members of the ASSOCIATION are public agencies and
10 private water companies, and each has certain equipment and personnel
11 under its management and control, and
12 WHEREAS, the equipment and personnel may be available to assist
13 each agency in the event of a natural or man-made disaster which would
14 affect the services provided by each of the members to the customers,
15 and
16 WHEREAS, the members of the ASSOCIATION desire to cooperate in
17 providing and sharing available equipment upon request of a member
18 agency under the terms of this Agreement.
2190 NOW, THEREFORE, the undersigned parties hereto agree as follows:
21 1. In the event of any natural or man-made disaster which will
22 disrupt or damage the ability of any of the parties to this
23 Agreement to continue to serve the public or customers of
24 the party, the parties will cooperate to the maximum extent
25 possible, as determined in each member's discretion, to
26 provide mutual assistance as requested.
27 2 . In the context of this Agreement, "natural or man-made
28 disaster" shall mean a situation or set of circumstances of
I such that property damage or personal injury has occurred
2 or is likely to occur, the occurrence of which will disrupt
3 the services provided by the member agency.
4 3. (a) Each party to this Agreement shall provide all other
5 parties with the name(s) , address(s) , telephone
6 number(s) and title(s) of the responsible employee(s)
7 authorized to request or respond to requests for
8 mutual aid assistance.
9 (b) The party responding to a request for aid shall be
10 reimbursed by the requesting party for costs incurred
11 by the responding party unless written provision is
12 provided waiving reimbursement of costs. Costs for
13 reimbursement shall be calculated as follows:
14 (1) Labor shall be all recorded costs of the
15 responding agency and shall include but not be
16 limited to: salaries, vacation, retirement, sick
17 leave, and other benefits and related labor
18 costs.
19 (2) Total material cost provided by responding party.
20 (3) Equipment costs as shown in the then current
21 Caltrans Equipment Price Listing.
22 (4) Supervision and overhead costs equal to 17. 35
23 percent of above subtotal of labor, materials,
24 and equipment costs.
25 (c) The party requesting assistance shall specify the type
26 and extent of assistance required.
27 (d) The party responding to the request shall designate
28 the person responsible for the direction and super-
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1 vision of the personnel provided to the requesting
2 party, and the requesting party shall direct the
31 disposition and utilization of personnel, equipment
4 and materials furnished in response to such request
5 only through the person so designated.
6 (e) The personnel, equipment, and materials furnished in '
7 response to the request for mutual aid shall be
8 released by the requesting party when no longer needed
9 or when the responding party requests return.
10 4. The responsible managing employees of each of the parties
111 to this Agreement shall consult with the ASSOCIATION at
12 least one (1) time each year to update the equipment and
13 personnel list, and revise any procedures for requesting
14 and obtaining mutual aid assistance.
15 5. It is agreed by the parties hereto that protection,
16 maintenance, and repair of their own system will receive
17 priority in responding to any request for mutual aid
18 assistance.
19 6. (a) Each party to this Agreement shall maintain in full
20 force and effect worker's compensation insurance which
21 covers the personnel involved in a response to provide
22 mutual aid to a party to this Agreement and,
23 therefore, each party to this Agreement waives all
24 claims against the other for compensation for any
25 loss, damage, personal injury, or death occurring as
26 a consequence of the performance of this Agreement,
27 except for intentional acts or gross negligence of the
28 other party or its employees, directors ,
3
I commissioners, officials, officers, agents, and
2 volunteers.
3 (b) In addition, each party requesting assistance shall
4 indemnify and save harmless the responding party's
5 officers and employees from all claims, suits or
6 actions of every name, kind, and description brought
7 on account of injuries to or death of any persons or
8 damage to property resulting from any act or omission
9 of an officer, agent, or employee of the responding
10 party which act or omission took place as a
11 consequence of performance of this Agreement , except
12 for intentional acts or active negligence, and while
13 said officer, agent or employee was working under the
14 general direction of the requesting party.
151 (c) The requesting party will pay for any damage to the
16 equipment and material of the responding party which
17 is caused by the requesting party.
18 7. No provision of this Agreement and no action taken or
19 personnel, equipment or material furnished pursuant to any
20 such provision shall be construed to make the officer,
21 employee or agent to one party to this Agreement, the
22 officer, employee or agent of another party to this
231 Agreement.
24 8. This Agreement shall continue to be in force with respect
25 to all parties signing hereunder, unless written notice of
26 termination is provided to the other parties.
27 WHEREFORE, the parties hereto have caused this Agreement to be
28
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1 executed in counterpart as the dates indicated.
2
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4 AGENCY: B and of Water Commissioners , City of San Bernardino
BY ��"ems DATE: - /-
y �:
6 EST:
7
S AGENCY: Riveri d u
9 BY: DATE: `' •-
10 ATTEST:
11
12 AGENCY: West San Bernardino County Water District
13 BY: DATE: -4--
Qli Roemer President
14 ATTEST: ff '�Q I
15 Anthony Araiz�, S retary
16 AGENCY: City of Loma Linda
17 BYE — .. 4-26-95
Robert Christman,, Mayor
18 ATTEST: z A4 i
Pamela Byrnes-Q'Ca , City Clerk
19
20 AGENCY: _City of edlands
Swen on, Mayor
21 DATE: June 15, 1993
2 ATTEST: �-
ea tice an ez , Deputy Ci Clerk
23
24 AGENCY:
25 BY: DATE:
26 ATTEST:
27 /1111 llfll
28 11111 11111
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