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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. 1 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. 2 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 3 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. 4 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] 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14