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HomeMy WebLinkAbout93-036 Water Agency Response Network 93-036 WATER AGENCY RESPONSE NETWORK CITY OF CUPERTINO INTERDEPARTMENTAL Date NOV. 2. 1993 To CITY CLERK _ From PUBLIC WORKS--SUMI ❑ Information N-1ESSAGE: WATER AGENCY RESPONSE NETWORK (IT_-WARN) (CC 1111/931 ❑ Implement OMNIBUS MUTUAL AID AGREEMENT ❑ Investigate ❑ Discuss THREE SETS OF AGREEMENT FOR PROCESSING. AFTER COMPLETION, PLEASE ❑ See me TRANSMIT A COPY TO: D Reply MR. MARTIN FALARSKI, I I-WARN CHAIRMAN C/O EAST BAY MUNICIPAL UTILITY DISTRICT OAKLAND, CA 94623 (5I0) 237-1233 Reply: attach. SIGNED: DATE Forward part 1 Retain part 2 %AN of Cuperti"o 10300 Torre Avenue Cupertino,CA 95014-3255 Telephone: (408)252-4505 FAX: (408)252-075 DIVAkIViLN101 1111 C11Y(11kh November 10, 1993 Martin Falarski, 11-WARN Chairman Fast Bay Municipal Utility District P. O. Box 24055, MS 62 Oakland, California 94623 WATER AGENCY RESPONSE NETWORK (11-WARN) OMNIBUS MUTUAL. AID AGREEMENT Enclosed for your files is one (1) copy of the agreement by the City of Cupertino for the Water Agency Response Network (II-WARN), which has been fully executed by City officials. If you have any questions, please contact the Department of Public Works. Sincerely, KIM MARIE SMITH CITY CLERK KS/cs Encl. cc: Department of Public Works WATER AGENCY RESPONSE NETWORK (IE-WARN) OUNIBUS MUTUAL AID AGREEMENT WAS, the California office of Emergency Services, the Department of Water Resources and the Utility Policy Committee have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual aid agreements between water agencies; and WHEREAS, the Water Agency Response Network (II-WARN) has been created to provide a forum for the development of mutual aid agreements between water agencies in Del Norte, Humboldt, Lake, Karin, Mendocino, Napa, Solana, Sonoma, Alameda, Contra Costa, San Francisco, San Mateo, Monterey, San Benito, Santa Clara, and Santa Cruz Counties, and WHEREAS, the water agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the water agency whenever emergency personnel, equipment and facility assistance 's provided from one water agency to the other; and WHEREAS, II-WARN has prepared an OMNIBUS MUTUAL AID AGREEMENT dated April 30, 1993 which sets forth the mutual covenants and agreements for water agencies to provide mutual assistance to one another in times of emergency, and WHEREAS, no water agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual aid; and WHEREAS, it :s the intent of II-WARN to annually renew this agreement and revise it as necessary and to annually publish a list of all water agencies participating in this agreement; and 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 Article 14 (Section 8630 et seq. ) of the Act. NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED THEREIN, the CITY OF CUPERTINO (Agency) agrees to become a party to the II-WARN Omnibus Mutual Aid Agreement dated April 30, 1993. t - Dated: /� - �!' . 3 By: Mayor Approved ps to Fo ! Attest: '6 "nJ1"l44_'.' City Clerk City ttorne II - WARN MUTUAL AID AGRZUMCRT Agency Name: CITY OF CUPERTINO Address: 10300 TORRE AVENUE. City: CUPERTINO CA 95014 County: SANTA CLARA Primary Emergency Contact:_BERT J. VISKOVICH Tele (408 ) 735-1573 DIRECTOR OF PUBLIC WORKS Secondary Emerg. Contact4 KEN MCKEE , Tele ( 408 ) 257-25/9 PUBLIC WORKS SUPERINTENDENT Emergency Operation Centers_CITY HALL , Tele (408 ) 252-4505 RADIO P7MUENCY: 482. 56250 cs�11 signr: KYY778 Other Information (As Appropriate) : Dated April 30, 1993 Page 2 of 2 Dated April 30, 1993 I I-WARN OWISUS MUTUAL kXD A THIS AGREEMENT is made and entered into by those water agencies who have adopted and signed this agreement to provide mutual assistance in. times of emergency under 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 water agencies being herein referred to collectively as "the parties. " In co_:sideration 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 I - Applicability. This agreement is available to all water agencies, public and private, in the 16 counties (Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, Solano, Sonoma, Alameda, Contra Costa, San Francisco, San Mateo, Monterey, San Benito, Santa Clara, and Santa Cruz) covered by the Water Agency Response Network, Region II (II-WARN) . ARTICLE II - Administrator. II-WARN will act as administrator to maintain a database of all water agencies who have signed this agreement and to coordinate the annual renewal of this agreement. At a minimum, the list of participating agencies will be published annually. 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, storsa, earthquake, deterioration of quality, or other condition which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of either party hereto and requires mutual assistance. ARTICLE xV - Requests for Assistance. Requests for emergency assistance under this Agreement shall be directed to the appropriate designated official(s) from the attached list of participating water agencies. Requests for mutual aid assistance under this Agreement when more than one County is impacted by a disaster should be channeled through the appropriate Regional State Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. The party rendering assistance under this Agreement is referred to a LENDER; the party receiving assistance is referred to as BORROWER. Page 1 of 3 MR F'7 0 3 1 • II-WAR2J 0WXBU8 MUTUAL Am Dated April 30, 1993 AVER V - General Hat-are of Assiatance. Assistance will generally be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be gi--er- only when LENDER determines that its own needs can be met while rendering assistance. 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. Resou_zes are to be made available on a loan basis with reimbursement terms varying with the type of resource. ARTXCLE VY - Loans of Equipment. Use of equipment such as construction equipment, vehicles, tools, pumps and motors 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 which the LENDER and BORROWER mutually agree i3 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; provided the duration and cost of such lease is mutually agreed to by the parties in advance of leasing. AlrxICLE VII - Exchancle of Supplies. BORROWER shall reimburse LENDER in kind or at actual replacement cost, plus handling charges, for use of expendable or nonreturnable supplies. Other supplies and reusable items which 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 v%IZ - Personnel. LENDER will make such employees as are willing to participate available to BORROWER at LENDER'S full cost, i.e. , equal to the employee's current salary or hourly wage plus fringe benefits and overhead, and consistent with LENDER'S personnel union contracts or other conditions of employment. Costs to feed and house loaned personnel, if necessary, shall be chargeable to and paid by BORROWER. LENDER will not be liable for cessation or slowdown of work if LENDER'S employees decline or are reluctant to perform any assigned tasks if said employees judge such task to be unsafe. Page 2 of 3 MRF703 2 II-WARN OMtdIBUS MUTUAL AID AGREEMENT Dated April ?0, 1993 AMID XZ - Liability an4 Hold Rarmless. Pursuant to GOVernment Code Section 895.4, whenever assistance is rendered, BORROWER shall assume the defense of, fully indemnify and hold harmless LENDER, Directors 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 loan to BORROWER, or faulty workmanship or other negligent acts, errors or omissions by BORROWER or by personnel on loan .o BORROWER. 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 X - Modifications. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. ARTICLE XI - Reimbursment. The BORROWER agrees to reimburse the LENDER within 60 days of receipt of an invoice for assistance provided under this Agreement. To the extent that the BORROWER seeks FEMA funding for any cost associated with assistance provided tinder this Agreement the BORROWER may be required tc have acceptable FEMA accounting practices in place of the time of the need. ARTICLE XII - Termination. This Agreement is not transferable or assignable, in whole or in part, and may be terminated at any time upon 60 days, written notice delivered or mailed to the II-WARN chairman. ARTICLE XIII - Effect. Agreement shall. take effect immediately upon its execution and shall remain in effect until June 30, 1994. ARTICLE XIV - Prior Agreements. To the extent that prior agreements are inconsistent with tl.iis Agreement all prior agreements for mutual aid between the parties hereto are hereby superseded. ARTICLE XV - Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breech 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 XVI - Tort Claims. This Agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. Page 3 of 3 MRF703 3 RESOLUTION NO. 8971 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF "OMNIBUS MUTUAL AID AGREEMENT" AMONG WATER AGENCIES ADOPTING AND SIGNING THE AGREEMENT TO PROVIDE MUTUAL ASSISTANCE IN TIMES OF EMERGENCY WHEREAS, the California Office of Emergency Services, the Department of Water Resources and the Utility Policy Committee have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual aid agreements between water agencies; and WHEREAS, the Water Agency Response Network (II-WARN) has been created to provide a forum for the development of mutual aid agreements between water agencies in the counties in Northern California as more specifically designated in the agreement presented to the City Council for approval and execution; and WHEREAS, the provisions, terms and conditions of agreement entitled H- WARN OMNIBUS MUTUAL AID AGREEMENT have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this_1st day of November , 1993, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen, Szabo NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Nick Szabo Mayor,City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk