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08-13-2019 CC Rpt 27COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: AUGUST 13, 2019 FROM: CITY MANAGER ITEM NO:27 SUBJECT:CONTACT UPDATE TO THE MUTUAL AID AGREEMENT WITH INLAND EMPIRE UTILITIES AGENCY RECOMMENDATION: Authorize execution of the contact update to the Mutual Aid Agreement No. 2004-22 between the City of Chino Hills and the Inland Empire Utilities Agency. BACKGROUND/ANALYSIS: On January 27, 2004, the City Council approved a Unified Mutual Aid Agreement between the Inland Empire Utilities Agency (IEUA) and the City of Chino Hills; one of seven contracting agencies to the IEUA. This agreement was developed at the request of the Regional Water Quality Control Board under provisions of the National Pollutant Discharge Elimination System (NPDES) program to provide a unified Response Plan for Sanitary Sewer Overflows (SSO's) under the County of San Bernardino Municipal Separate Storm Sewer System (MS4) permit. On October 22, 2013, the City Council approved Amendment No. 1 to the Mutual Aid Agreement adding Jurupa Community Services District as a party to the agreement. This update to the Mutual Aid Agreement is a five year update to record changes in agency personnel contact information only. ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.; "CEQA") and CEQA regulations (14 California Code Regulations §§15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)). FISCAL IMPACT: None. 471/658 REVIEWED BY OTHERS: This agenda item has been reviewed by the City Attorney. Respectfully Submitted,Recommended By: Attachments IEUA Mutual Aid 472/658 Daniel Bobadilla Director of Public Works/City Engineer 473/658 Mutual Aid Agreement Update 2019 Contact updates only No Content change from 2014 Amendment 474/658 AMENDMENT UPDATE TO MUTUAL AID AGREEMENT TIDS AGREEMENT AMENDMENT UPDATE is by and between Inland Empire Utilities Agency, the Regional Contracting Agencies consisting of Cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Upland, Cucamonga Valley Water District, and Jurupa Community Services District, henceforth referred to as "party" or "parties." RECITALS Whereas, Inland Empire Utilities Agency, the Regional Contracting Agencies, and Jurupa Community Services District (JCSD) are public agencies and each has certain equipment and personnel under its management and control; and Whereas, the equipment and personnel may be available to assist each agency and JCSD in the event of a disruption which would affect the water service, sewer .service or sewage treatment service provided by each agency and JCSD to its customers; and Whereas, no party should be placed in a position of depleting unreasonably its own resources, facilities, or services in providing such mutual aid; and Whereas, Inland Empire Utilities Agency, the Regional Contracting Agencies, and JCSD desire to cooperate in providing and sharing available equipment upon request of the other party under the terms of this Agreement. l. NOW, THEREFORE, the undersigned parties hereto agree as follows: a. Tn the event of any disruption or damage to the ability of either the Inland Empire Utilities Agency, the Regional Contracting Agencies, or JCSD to continue to serve the public or its customers with water service, sewage service or sewage treatment service, the other parties, will cooperate to a maximum extent possible, as detennined in its discretion, to provide mutual aid assistance as requested. b. Each party's obligation hereunder shall be expressly contingent upon its manpower and equipment availability, as determined by the responding party in its sole and absolute discretion. Each party's response within the jurisdictional limits of the other party may not interfere '"the responding party's responsibility or ability to respond to emergencies or other calls within its own jurisdictional area. Each party shall endeavor to notify the other party in advance when it knows that its equipment or manpower will not be available to respond within the jurisdictional limits of the other party. 2. In the context of this Agreement, "natural or man-made disaster" shall mean a situation or set of circumstances in which property damage or personal injury has occurred or is likely to occur, the occurrence of which will disrupt the services provided by the Inland Empire Utilities Agency, the Regional Contracting Agencies, and JCSD. Board-Rec No. 19116 475/658 3. a. Each party to this Agreement shall provide the name(s), address(es), telephone number(s), and title(s) of the responsible employee(s) authorized to request or respond to requests for mutual aid assistance on or before thirty (30) days have elapsed from the date of approval of this Agreement by the last party to approve this Agreement. Only employees of each respective party are eligible. No contract workers shall be assigned. b. The requesting party agrees to pay as allowed by applicable law, all direct, indirect, administrative and contracted costs of assisting the requesting party incurred by the responding party as a result of providing assistance pursuant to this Agreement, based upon responding party's internal rates or charges for material, equipment, and personnel. Payment shall be made within sixty (60) days after receipt of a detailed invoice. The detailed invoice shall include personnel assigned, classification, dates and hours worked, hourly billing rate and equipment used. The requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the responding party. c. The party requesting assistance shall specify the type and duration of assistance required. d. The party responding to the request shall designate the person responsible for the direction and supervision of the personnel and equipment provided to the requesting party, and the requesting party shall direct the disposition and utilization of personnel, equipment and materials furnished in response to such request only through the person so designated. e. The personnel, equipment, and materials furnished in response to the request for mutual aid shall be released by the requesting party when no longer needed or when the responding party requires return or as required by law. 4. Should the responsible managing employees change from those listed in Section 3 above, the respective agency shall update the personnel list and provide a copy to each party hereto. 5. It is agreed by the parties hereto that protection, maintenance, and repair of their own systems and facilities will receive priority in responding to any request for mutual aid assistance. a. Each party to this Agreement shall maintain in full force and effect workers compensation insurance without cost to the other party which covers the personnel involved in a response to provide mutual assistance, and therefore each party to this Agreement waives all claims against the other for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement to the extent that such liability is caused by the other party or its employees, directors commissioners, officials, officers, agents, and volunteers. Failure to provide adequate workers compensation insurance by a party shall obligate that party for any and all liabilities that may arise. Each party shall defend, indemnify and hold harmless, pursuant to Section 5 (b) below, the other party with respect to workers' compensation claims filed bytheirownemployees. Board-Rec No. 19116 476/658 b. The requesting party shall hold harmless, indemnify, and defend the responding party, its elected officials, officers, agents employees, contractors, volunteers and agencies, against all liability, claims, losses, demands or actions for injury to, or death of, a person or persons, or damages to property arising out of, or alleged to arise out of or in consequence of, this Agreement, except to the extent that such liability is caused by the negligence or willful misconduct of the responding party, its elected officials, officers, agents, employees, contractors or volunteers. c. The requesting party will pay for any damage to the equipment and material provided by the responding party that occurs during the requested assistance period, unless such damage is caused by the sole negligence of the responding party. 6. No provision of this Agreement and no action taken, or personnel, equipment or material furnished pursuant to any such provision shall be construed to make the officer, employee, or agent of either party to this Agreement, the officer, employee or agent of the other party to this Agreement. Furthennore, the parties shall pay all wages, salaries, and other amounts due to their own personnel in connection with any and all services under the Agreement, as well as that which may be required by law. Each party shall be responsible for all reports and obligations respecting their own personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, benefits and workers' compensation insurance. Employees or agents of one party shall not be deemed employees of the other for any purpose, 7. This Agreement shall be effective as of the date all parties have executed the Agreement and shall continue to be in force with respect to all parties signing hereunder, unless terminated by consent of all the parties. Notwithstanding the foregoing, any party may terminate its participation in this agreement upon sixty ( 60) days written notice of termination to the remaining parties. Termination by any party or parties shall not affect the rights and obligations of any of the remaining parties under this agreement. 8. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: INLAND EMPIRE UTILITIES AGENCY Inland Empire Utilities Agency 6075 Kimball Avenue Chino, CA 91 708 Attn: General Manager CITY OF CHINO City of Chino P.O. Box667 Chino, CA 91708-0667 Attn: City Manager Board-Rec No. 19116 477/658 CITY OF CHINO HILLS City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 Attn: City Manager CITY OF FONTANA City of Fontana 16489 Orange Way Fontana, CA 92335 Attn: City Manager CITY OF MONTCLAIR City of Montclair 5111 Benito Street Montclair, CA 91763 Attn: City Manager CITY OF ONT ARIO City of Ontario 1425 South Bon View Avenue Ontario, California 91761 Attn: City Manager CITY OF UPLAND City of Upland 460 North Euclid Avenue Upland, CA 91786 Attn: City Manager CUCAMONGA VALLEY WATER DISTRICT Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91730 Attn: General Manager JURUPA COMMUNITY SERVICES DISTRICT Jurupa Community Services District 11201 Harrel Street Jurupa Valley, CA 91752 Attn: General Manager Any notice required to be given hereunder to either party shall be given by personal delivery or by depositing such notice in the US Mail to the address listed with first class postage pre- paid. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Board-Rec No. 19116 478/658 9 . Inland Empire Utilities Agency and the Regional Contracting Agencies, and JCSD agree that the provisions of this Agreement are not intended to create or clarify any rights in third parties not a party to this Agreement. In addition, no third party shall have the right of action hereunder. This Agreement shall not be enforceable by any parties other than Inland Empire Utilities Agency, the Regional Contracting Agencies, and JCSD. 10. All privileges and immunities of Inland Empire Utilities Agency, the Regional Contracting Agencies, and JCSD provided by state or federal law shall remain in full force and effect. 11. If a party or parties commences an action against the other party or parties, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing patty or parties in such litiga,tion shall be entitled to have and recover from the losing party or parties' reasonable attorney's fees and all other costs of such action. 12. 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 writing signed by all parties. 13. This Agreement shall be governed by the laws of the State of California. Venue shall he in San Bernardino County. 14. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by either party without the prior written consent of the other. 15. This Agreement may be executed in counterparts, each of which shall constitute an original. 16. In the event that any provision or portion of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision or portion shall be severable from this Agreement. Such invalidity, legality or unenforceability shall not be construed to have any effect on the validity, legality or enforceability of the remaining provisions or portions of this Agreement. [ Balance of This Page Intentionally Left Blank] Board-Rec No. 19116 479/658 WHEREFORE, the parties hereto have caused this Agreement to be executed in counterpart as the dates indicated. INLAND EMPIRE UTILITIES AGENCY I HEREBY CERTIFY that the foregoing amendment update was duly executed pursuant to authorization by the lnland Empire Utilities Agency Board of Directors, at a regular meeting thereof held on the f\ day of J"-1.M.. , 2019. J HEREBY AUTHORIZE that future amendments with administrative corrections or adjustments may be approved by the Inland Empire Utilities Agency General Manager or designated re resentative. Date ~EST~ ~ff~~ Date Board Secretary/Office Manager Board-Rec No. 19116 CITY OF CHINO HILLS I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by City Council of the City of Chino Hills, at a regular meeting thereof held on the ____ day of ________ ,2019. Benjamin Montgomery City Manager ATTEST: Cheryl Balz, MMC City Clerk Board-Rec No. 19116 Date Date 480/658 481/658 CITY OF CHINO I HEREBY CERTIFY that the foregoing amendment was duly executed pursuant to authorization by the City Council of the City of Chino, at a regular meeting thereof held on the ___ day of ________ , 2019. Matt Ballantyne City Manager ATTEST: Amer Jakher Public Works Director Board-Rec No. 19116 Date Date 482/658 CITY OF FONTANA I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by the City Council of the City of Fontana, at a regular meeting thereof held on ____ day of _________ _., 2019. Kenneth R. Hunt City Manager ATTEST: Chuck Hayes Public Works Director Board-Rec No. 19116 Date Date 483/658 CITY OF MONTCLAIR I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by the City Council of the City of Montclair, at a regular meeting thereof held on ____ day of _________ , 2019 . Edward C. Starr City Manager ATTEST: Noel Castillo Public Works Director Board-Rec No. 19116 Date Date 484/658 CITY OF ONTARIO I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by the City Council of the City of Ontario, at a regular meeting thereof held on ____ day of , 2019. ---------- Scott Ochoa City Manager ATTEST: Tito Raes Public Works Director Board-Rec No. 19116 Date Date 485/658 CITY OF UPLAND I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by the City Council of the City of Upland, at a regular meeting thereof held on ___ day of ________ __, 2019. Debbie Stone Mayor ATTEST: Keri Johnson City Clerk Board-Rec No. 19116 Date Date 486/658 CUCAMONGA VALLEY WATER DISTRICT I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to authorization by the Board of Directors of the Cucamonga Valley Water District at a regular meeting thereof held on ____ day of _________ , 2019. James V. Curatalo, Jr. President, Board of Directors ATTEST: Taya Victorino Executive Assistant to the Board of Directors Board-Rec No. 19116 Date Date 487/658 JURUPA COMMUNITY SERVICES DISTRICT I HEREBY CERTIFY that the foregoing· agreement was duly executed pursuant to authorization by the Board of Directors of the Jurupa Community Services District. at a regular meeting thereof held on the ____ dayof ______ _, 2019. Jane Anderson President, Board of Directors ATTEST: Julie Saba Board Secretary Board-Rec No. I 9116 Date Date