IEUA, Chino, Chino Hills, Fontana, Montclair, Ontario, Upland, and Cucamonga Valley Water District A04-22 A1 A04-22 Al
Appendix 6-2
Mutual Aid Agreement w JCSD 2014
AMENDMENT ONE TO
MUTUAL AID AGREEMENT
THIS AGREEMENT AMENDMENT ONE 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.
NOW,THEREFORE,the undersigned parties hereto agree as follows:
1.
a. In 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 determined 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 with 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.
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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 Iaw.
4. Should the responsible managing employees change from those listed in Section 3 above, the
respective agency shall update the personnel Iist 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 Ioss, 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 by their own employees.
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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. Furthermore,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 91708
Attn: P. Joseph Grindstaff, General Manager
CITY OF CHINO
City of Chino
P.O. Box 667
Chino, CA 91708-0667
Attn: Jose Alire, Assistant City Manager/Public Works
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CITY OF CHINO HILLS
City of Chino Hills
2001 Grand Avenue
Chino Hills, CA 91709
Attn: Nadeem Majaj, Public Works Director
CITY OF FONTANA
City of Fontana
16489 Orange Way
Fontana, CA 92335
Attn: Chuck Hays { . 1 P„blic \\,or
CITY OF MONTCLAIR
City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Mike Hudson, Public Works Director
CITY OF ONTARIO
City of Ontario
1425 South Bon View Avenue
Ontario, California 91761
Attn: Scott Burton, Utilities General Manager
CITY OF UPLAND
City of Upland
460 North Euclid Avenue
Upland, CA 91786
Attn: Rosemary Hoerning, Public Works Director
CUCAMONGA VALLEY WATER DISTRICT
Cucamonga Valley Water District
10440 Ashford Street
Rancho Cucamonga, CA 91730
Attn: Martin E. Zvirbulis, Board Secretary/General Manager/CEO
JURUPA COMMUNITY SERVICES DISTRICT
Jurupa Community Services District
1201 Harrel Street
Jurupa Valley, CA 91752
Attn: Robert O. Tock, Director of Engineering& Operations
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.
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9. Inland Empire Utilities Agency and the Regional Contracting Agencies 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 -ICSD.
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 party or parties in such litigation shall be entitled to have and recol er 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 be 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]
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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 agreement amendment was duly executed pursuant to
authorization by the Inland Empire Utilities Agency Board of Directors, at a regular meeting
thereof held on the 15th day of January, 2014.
o i l it `''
Terry Cattin Date
President, Board of Directors
ATTEST:
N
-"LII W/fSC\ IL\
April Woodruff Date
Board Secretary/Office Manager
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CITY OF CHINO
I HEREBY CERTIFY that the foregoing agreement 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 Diurt . - , •
Ma ex B,lla ,i a Date
City M• •g=
APPROVED AS TO CONTENT:
777 -1 Ze3 - <7.-Q14
' Alire Date
sistant City Manager/Public Works
APPROVED AS TO FORM:
row Jimmy L. Gu z Date
City Attorne
ATTEST:
Angela Tables Date
City Clerk
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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
22nd day of October 2013 •
October 22, 2013
Peter J. g s Date
Mayor
ATTEST:
MaAlt7iM October 22. 2013
Mary M u ee Date
City Cl rk
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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
the 14th day of ,7aniiary 2014
( 1 A //P7/
K neglt`1Tun Date / 1
City Manager
ATTEST:
‘7,--ite4L6a,,Le i/c2i/y
Tonia Lewis Date /
City Clerk
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CITY OF MONTCLAIR
I HEREBY CERTIFY that the foregoing agreement was duly executed pursuant to
authorization by City Council of the City of Montclair, at a regular meeting thereof held on the
day of
Edward C. Starr ( Date f
Manager
ATTEST:
,, p
r ��
Yve a Smith ` Date
De ty City Clerk
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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 the
re' day of Decembtr c9-6, 15 .
7/1/ 'De cern ber 3 le) ) 3
C1iris'Iu es Date
City Manager
ATTEST:
&, Ve amber 3, d-oi '5
Mafy�tes Date
-City Clerk
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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 the
11t:h day of November , 2013
r` November 13, 2013
y 1V� sser d Date
May :
ATTEST:
November /3 , 2013
Stephanie A.Mendenhall Date
City Clerk
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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 the 28th day of January 2014
) 171
O car Gonz z Date
President, Board of Dictors
ATTEST:
Martin E. Zvirbulis Date
Board Secretary/General Manager/CEO
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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
15th day of October , 2013 .
• • /
/� �Y/ October 15. 2013
L iert Craig / .i Date
Board President C�
ATTEST:
October 15. 2013
�ie B Saber Date
ecretary
APPROVED AS TO FORM:
ip br b
Mike Ri ell i Date
District Legal Counsel, Best Best&Krieger
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