HomeMy WebLinkAboutContracts & Agreements_36-2015 Emergency Response Network of the Inland Empire(ERNIE)
2006 Omnibus Mutual Assistance Agreement
WHEREAS, the California Department of Public Health (DPH) has expressed an interest
in the establishment of a plan to facilitate and encourage water agency mutual assistance
agreements between water agencies,cities,and county jurisdictions; and
WHEREAS, the Emergency Response Network of the Inland Empire (ERNIE) was
originally created to provide a forum for the development of mutual assistance
agreements between agencies in the Inland Empire of California; and
WHEREAS, the EMERGENCY RESPONSE NETWORK OF THE INLAND EMPIRE
(ERNIE) 2006 OMNIBUS MUTUAL ASSISTANCE AGREEMENT, a copy of which
attached hereto as Exhibit "A" and incorporated herein by this reference, sets forth the
mutual covenants and agreements for agencies to provide mutual assistance to one another
in times of emergency; and
WHEREAS, the State California Office of Emergency Services (OES) regulates the
SEMS/NIMS program, this agreement is consistent with Standardized Emergency
Management System (SEMS) and the National Incident Management System (NIMS),
and that it is necessary to have a mutual assistance agreement in place to support
requests to the Federal Emergency Management Agency (FEMA) for costs of using
assistance during an emergency, and
WHEREAS, the agencies hereto have determined that it would be in their best interests to
enter into an agreement that implements that plan and sets forth procedures and the
responsibilities of the agencies whenever emergency personnel, equipment and facility
assistance are provided from one agency to the other; and
WHEREAS, no 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 ERNIE to revise this agreement as necessary and to
annually publish a list of all agencies participating in this agreement, as posted on the
East Valley Water District's Web-site, www.castvalley.org
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;
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NOW, THEREFORE, in consideration of the conditions and covenants contained
therein,the City of Redlands agrees as follows:
Section 1. The City of Redlands agrees to become a party to the ERNIE, 2006
Omnibus Mutual Assistance Agreement as of March 4, 2015.
Section 2. The City's Emergency Operations Manager is hereby directed to -forward
an executed copy of this agreenicnt to ERNIE, CIO East Valley Water District, P.0
Box 3427, San Bernardino, California, 92413.
Executed this 4"' day of March, 2015, in Redlands, California.
CITY OF REDLANDS ATTEST:
By:�,
05�
Paul W. Foster, Mayor Sam Irwin, City ClArk/
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EXHIBIT "A"
Articles of Agreement
Emergency Response Network of the Inland Empire
(ERNIE) 2006 Omnibus Mutual Assistance Agreement
THIS AGREEMENT is made and entered into by those agencies who have
adopted and signed this agreement to provide mutual assistance in times of
emergency in accordance with the California Emergency Services Act and
the California Disaster and Civil Defense Master Mutual Aid Agreement; and
to provide reimbursement for equipment, supplies and personnel made
available on an emergency basis.
All of said agencies being herein referred to collectively as "the parties."
In consideration of the mutual covenants and agreements hereinafter set
forth, the parties agree to provide mutual assistance to one another in times
of emergency as follows:
Article 1 -APPLICABILITY. This agreement is available to all agencies, public
and private, in the Inland Empire, State of California.
Article 11 -ADMINISTRATION. The ERNIE will establish a group of
representatives known as the Steering Committee made up of five (5)
representatives from the signatory agencies and a representative from the
California Department of Public Health. These representatives are chosen
and voted for by the parties. A chair and co-chair will be elected and act as
administrators. The ERNIE Steering Committee will sponsor meetings for
signatory agencies, maintain a database of all agencies that have signed this
agreement, and meet as a committee to address concerns and procedures
for requesting mutual assistance within the region.
Article III - DEFINITION OF EMERGENCY. `Emergency" means a condition of
disaster or calamity arising within the area of operation of the parties, caused
by fire, flood, storm, earthquake, civil disturbance, or other condition which is
or is likely to be beyond the control of the services, personnel, equipment,
and facilities of a party hereto and requires mutual assistance.
Article IV - REQUESTS FOR AsstsTANcE. Requests for emergency
assistance under this Agreement shall be directed to the appropriate
designated official(s) from the list of participating agencies.
When more than one agency is impacted by a disaster, requests for mutual
assistance under this Agreement may be channeled through the agency's
County Operational Area which is the San Bernardino County Office of
Emergency Services or Riverside County Office of Emergency Services to
ensure maximum effectiveness in allocating resources to the highest priority
needs.
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The party rendering assistance under this Agreement is referred to as
LENDER; the party receiving assistance is referred to as BORROWER.
Article V- GENERAL NATURE OFASSISTANCE. Assistance will generally be in
the form of resources, such as equipment, supplies, and personnel.
Assistance shall be given only when LENDER determines that its own needs
can be met while rendering assistance. The execution of this Agreement
shall not create any duty to respond on the part of any party hereto. A
potential LENDER shall not be held liable for failing to provide assistance. A
potential LENDER has the absolute discretion to decline to provide any
requested assistance. Resources are to be made available on a loan basis
with reimbursement terms varying with the type of resource.
Article VI - LOANS of EQUIPMENT. Use of equipment, such as construction
equipment, vehicles, tools, pumps and generators, shall be at LENDER's
current equipment rate and subject to the following conditions:
(a) At the option of LENDER, loaned equipment may be loaned with an
operator.
(b) Loaned equipment shall be returned to LENDER within 24 hours after
receipt of an oral or written request.
(c) BORROWER shall, at its own expense, supply all fuel, lubrication and
maintenance for loaned equipment.
(d) LENDER'S cost related to the transportation, handling and
loading/unloading of equipment shall be chargeable to BORROWER.
(e) In the event loaned equipment is damaged while being dispatched to
BORROWER, or while in the custody and use of BORROWER, BORROWER
shall reimburse LENDER for the reasonable cost of repairing said
damaged equipment. If the equipment cannot be repaired, then
BORROWER shall reimburse LENDER for the cost of replacing such
equipment with equipment that is of at least equal capability. If LENDER
must lease a piece of equipment while LENDER's equipment is being
repaired or replaced, BORROWER shall reimburse LENDER for such
lease costs.
Article VII - EXCHANGE OF SUPPLIES. BORROWER shall reimburse LENDER in
kind or at actual replacement cost, plus handling charges, for use of
expendable or non-returnable supplies. Other supplies and reusable items
that are returned to LENDER in a clean, damage-free condition shall not be
charged to the BORROWER and no rental fee will be charged; otherwise, they
shall be treated as expendable supplies.
Article VIII - PERSONNEL. LENDER will make such employees as are willing
to participate available to BORROWER at BORROWER's expense equal to
LENDER's full cost, i.e., equal to the employee's applicable salary or hourly
wage plus fringe benefits and overhead, and consistent with LENDER'S
personnel union contracts or other conditions of employment. Employees so
loaned will be under the supervision and control of the BORROWER.
BORROWER shall be responsible for all direct and indirect costs associated
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with workers compensation claims. Costs to feed and house loaned
personnel, if necessary, shall be chargeable to and paid by BORROWER.
LENDER will not be responsible for cessation or slowdown of work if LENDER'S
employees decline or are reluctant to perform any assigned tasks.
Article IX - REIMBURSEMENT. The BORROWER agrees to reimburse the
LENDER within 60 days from receipt of an invoice for assistance provided
under this Agreement.
Article X - LIABILITYAND HOLD HARMLESS. Pursuant to Government Code
Section 895.4, and subject to the conditions set forth in Article XI, BORROWER
shall assume the defense of, fully indemnify and hold harmless LENDER, its
Directors, Council Members or Supervisors, its officers and employees, from
all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising from the BORROWER'S work
hereunder, including, but not limited to, negligent or wrongful use of
equipment, supplies or personnel on ban to BORROWER, or faulty
workmanship or other negligent acts, errors or omissions by BORROWER or by
personnel on loan to BORROWER from the time assistance is requested and
rendered until the assistance is returned to LENDER'S control, portal to portal.
Each party hereto shall give to the others prompt and timely written notice of
any claim made or any suit instituted coming to its knowledge, which in any
way, directly or indirectly, contingently or otherwise, affects or might affect
them, and each shall have the right to participate in the defense of the same
to the extent of its own interest.
Article XI - SIGNATORY INDEMNIFICATION. In the event of a liability, claim,
demand, action or proceeding, or 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 each
signatory to this mutual assistance agreement, whose only involvement is the
execution and approval of this Agreement, in the transaction or occurrence
which is the subject of such claim, action, demand or other proceeding. Such
indemnification shall include indemnity for all claims, demands, liability,
damages and costs, including reasonable attorneys' fees and other costs of
defense, for injury, property damage and workers compensation.
Article Xll - WORKER'S 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 the
special employees of BORROWER and the general employees of LENDER(as
defined in Insurance Code 11663) while engaged in carrying out duties,
functions, or activities pursuant to this Agreement. BORROWER will reimburse
LENDER for all costs, benefits, and expenses associated with workers
compensation and other claims. LENDER is responsible for providing workers
compensation benefits and administering workers compensation claims
subject to the reimbursement terms of this agreement. BORROWER will
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reimburse LENDER for workers compensation costs, benefits and expenses on
a quarterly basis or on other terms mutually agreed upon by LENDER and
BORROWER.
Article XIII - MODIFICATIONS. No provision of this Agreement may be
modified, altered or rescinded by individual parties to the Agreement.
Modifications to this Agreement require a simple majority vote of signatory
agencies to the Agreement. The ERNIE will notify all parties of modifications
to this Agreement in writing and those modifications shall be effective upon
66 days written notice to the parties.
Article XIV - TERMINATION. This Agreement is not transferable or
assignable, in whole or in part, and any party may terminate their participation
in this Agreement at any time upon 60 days' written notice delivered or mailed
to a member of the ERNIE Steering Committee.
Article XV- EFFECT. Agreement shall take effect for a new party
immediately upon its execution by said party.
Article XVI - PRIOR AGREEMENTS. Deleted 06/28/06
Article XVII - ARBITRATION. Any controversy or claim arising out of or
relating to this Agreement or the breach thereof, shall be settled by arbitration
in accordance with the Rules of the American Arbitration Association and
judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof.
Article XVIII - TORT CLAIMS, This Agreement in no way acts to abrogate or
waive any immunity or defense available under California Law.
(end)
Revised Dec 2013,
Effective February 2014
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