Loading...
HomeMy WebLinkAboutMETROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (9)THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA MEMBER AGENCY RESPONSE SYSTEM INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT is entered into as of the date of execution by and between The Metropolitan Water District of Southern California (MWDSC), and the undersigned participants in The Metropolitan Water District of Southern California Member Agency Response System (MARS). (All parties are collectively referred to as "MARS Participants.") WHEREAS, MARS was formed in 1983 for the purposes of coordinating an emergency response by all MARS Participants in the event of an earthquake, flood, fire, or other regional disaster; and WHEREAS, to accomplish this purpose each of the MARS Participants has or will contribute the use of certain of its facilities and equipment and the services of certain of its personnel, both in preparation for an emergency and in response to any emergency situation pursuant to an Emergency Response Plan prepared by MARS; and WHEREAS, each of the MARS Participants desire to indemnify and hold each other harmless from any liability for injury or property damage incurred by any other MARS Participant or its employees, officers or agents or by third parties in the course of or as a result of MARS activities; WHEREAS, the MARS Participants are each willing to assume risks due to usage of defective items furnished by other participants; NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the MARS Participants agree as follows: 1. Assumption of Risk „Due to„Usage of Defective items Without limiting the scope of paragraphs 2 and 3 of this agreement, each MARS Participant agrees to assume the entire risk of loss and to indemnify and hold each of the remaining MARS Participants harmless from any and all claims, liability, or damages for personal injury or property damage incurred by that MARS Participant or its agents, employees or officers as a result of any defect or dangerous condition of any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or other items supplied or contributed for the use of MARS by any other MARS Participant. 2. Responsibility to Other MARS Participants in Eventuality of Third Party Harm Each MARS Participant agrees to assume the entire risk of loss and to indemnify and hold each of the remaining MARS Participants harmless from any and all claims, liabilities or damages for personal injury or property damage incurred by any third person, or entity, not a party to this agreement, as a result of any defect or dangerous condition of any real property, structures, facilities, tools, vehicles, equipment, machinery, materials, personal property or other items, supplied or contributed for the use of MARS by that MARS Participant, provided that the participants are liable therefore under the provisions of the Government Code. 3. Responsibility for Negligent and Certain Other Types of Acts of Own Personnel Notwithstanding paragraph 1 of this agreement, each MARS Participant agrees to assume the entire risk of loss and to indemnify and hold the remaining MARS Participants harmless from any and all claims, liabilities or damages for personal injury incurred by any other MARS Participant, its officers, employees or agents or any third person, not a party to this agreement, as a result of the negligent, intentional, wilful or malicious acts Of its officers, employees, or agents while engaged in carrying out their duties, functions or activities pursuant to the MARS Emergency Response Plan. 4. This agreement shall be executed by each MARS Participant in duplicate originals, each of which shall be considered an original agreement. This agreement shall not become effective as to any MARS Participant until all MARS Participants have executed this agreement and have delivered an executed original to the MARS Coordinator who will provide each MARS Participant with a photocopy of all executed signature pages and a list of all participants. Prior to the admission of any additional agencies to the MARS Program, such agency shall be required to execute this agreement and comply with this provision. 5. This agreement shall be binding upon and inure to the benefit of the original participants and all parties who may subsequently enter into this agreement, and their officers, agents, employees, successors and assigns. The names of the MARS Participants, all of which are signatories to this agreement, are and shall be set forth on the list attached hereto as exhibit "A" and incorporated herein by reference. Additional participants may be added to the list from time to time upon execution of this agreement and compliance with paragraph 4 hereof. Such additions shall automatically constitute an amendment of this agreement without further action by existing participants and shall not void or invalidate this agreement. 6. This Agreement does not create any rights whatsoever in, or confer any right upon, any third person who is not a participant. IN WITNESS WHEREOF, each of the MARS Participants has caused this instrument to be executed by its authorized agent or official evidencing the consent of the legislative body hereto. DATED: 4/11/8 9 APPROVED AS TO FORM: FRED VENDIG GENERAL COUNSEL By: for Deputy General C THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA By: V, � Carl Boronkay q-f-- General Manager -3- 1 a CITY OF ANAHEIM DATED : �l ATTEST: City Clerk BEVERLY Hl[,r s f VICKI R VOL-b Mayor of the City of ATTEST: Beverly Hills, California . 1 9EAN M. USHIJIMA City Clerk Approved as to form: f . GREGOR W. STEPANICICH City Attorney (Seal) Approved as to content: A" /44� MARK SCOTT City Manager &X �14 DAN WEBSTER Acting Director of Public Works ROYXI;ARKE Ris Manager NOTE EXCEPTION: On page 2, paragraph 2, Burbank agrees with the wording thereof, except that Burbank will not accept responsibility should the defect or dangerous condition be caused by any other MARS Participant, CITY OF BURBANK DATED: Aff By: APPROVED A5 TO FO M ITY ATT RNEY Date 1 '� Z el THIA DATED: CALLEGUAS LtitUNICIPAL WATER DISTRICT - 6 - Q, � r`-z'�'✓ CENTRAL BASIN MUNICIPAL WATER DISTRICT By: -4& T41,1- - 7 DATED: - 8 - CHINO BASIN MUNICIPAL WATER DISTRICT By: 14 DATED: r/ COASTAL MUNICIPAL WATER DISTRICT - 9 - DATED: Z S � 11 11 11 II II II 11 11 CITY OF COMPTON By: PAUL H. RICHARDS ASSISTANT CITY MANAGER ti- B y = FENDERSON DATED: ri 1/ 11 11 I1 11 11 11 EASTERN MUNICIPAL WATER DISTRICT By: This agreement is signed with the understanding as identified in the attached letter dated June 6, 1990. L+' DATED: - 12 - FOOTHILL MUNICIPAL WATER DISTRICT B y : ��- DATED: CITY By: I - 14 - ­6 zrg,)qT,,,Ey DAB if All DATED: LAS VIRGENES MUNICIPAL WATER DISTRICT May 29, 1990 Edward E. McCombs General Manager/Deputy Secretary JUN 0- DATED: DATED: THE BOARD OF WATER COMMISSIONERS OF THE CITY OF LONG BEACH By By • 77 _ 1 $y -. "-.------•-----•------- 16 - Additional participants may be added to the list from time to time upon execution of this agreement and compliance with paragraph 5 hereof. Such additions shall automatically constitute an amendment of this agreement without further action by existing participants and shall not void or invalidate this agreement. 6. This Agreement does not create any rights whatsoever in, or confer any right upon, any third person who is not a participant. IN WITNESS WHEREOF, each of the MARS Participants has caused this instrument to be executed by its authorized agent or official evidencing the consent of the legislative body hereto. APR 11 1991 DATED: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA By: Carl Boronkay General Manager APPROVED AS TO FORM: FRED VENDIG GENERAL OUNSEL By: Se or Deputy General C sel CITY OF FULLERTON q By: Chris Norby, Mlayor Attest: Anne M. York, ty Clerk APPROVED AS TO FORM: R. K. Fox, City Attorney C DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES m BOARD OF WATER AND POWER COMMISSIONERS OF � THE CITY OF LOS ANGELES < m A ApPROVEO � HNRM �1'fAA7TOR � ]WES K �lA , G2 9 �j)WAR D A. �Attn v� Assistant cnY 17 - MUNICIPAL WATER DISTRICT OF, ORANGE COUNTY By: General anager DATED: df SAN DIEGO COUNTY WATER AUTHORITY By: CITY OF SAN FERNANDO DATED: Aug. 19, 1993 By: Mayor Doude Wysbeek 11 11 11 11 CALIFORNIA-AMERICAN WATER COMPANY By: � - 22 - DATED: CITY OF SANTA ANA By: Daniel i1. y ng lay ATTEST: ice C. Guy, Cl r � he Council APPROVED AS TO FORM ED A OPER CITY ATTORNEY - 23 -- App o ed to on A City flaoager DATED: /J THREE; VALLEYS MUNICIPAL WATER DISTRICT By: 25 - DATED: L,�q%/`, 11 11 11 11 11 APPROVED AS TO FORM KENNETH L. NELSON CITY ATTOR14EY ! i by ATTEST: *�-c BramhaIlCy Clerk CITY OF TORRANCE By: myor DATED: C� - 27 - UPPER SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT By: �?�,-����v Robert. G. Berlien General Manager WEST BASIN MUNICIPAL WATER DISTRICT DATED: { By: rr /r /r - 28 NOTE EXCEPTION: On page 2, paragraph 2 Western agrees with the wording thereof except that Western will not accept responsibility should the defect or dangerous condition be caused by any other MARS Participant. DATED: WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY 29 The Metropolitan Water District of Southern California Member Agency Response system Indemnification Agreement Exhibit "A" City of Anaheim City of Beverly Hills City Burbank Calleguas Municipal Water District Central Basin Municipal Water District Chino Basin Municipal Water District Coastal Municipal Water District City of Compton Eastern Municipal Water District Foothill Municipal Water District City of Fullerton City of Glendale Las Virgenes Municipal. Water District City of Long Beach City of Los Angeles Municipal Water District of Orange. County San Diego County Water Authority City of San Fernando City of San Marino City of Santa Ana Three Valleys Municipal Water District City of Torrance Upper San Gabriel Valley Municipal Water District West Basin Municipal Water District Western Municipal Water District Member Agency Emergency Preparedness Coordinators Mr. Stephen Albright City of Anaheim Public Utilities Department P. O. Box 3222, USC-16 Anaheim, CA 92803 Mr. Bill Smith City of Burbank Public Services Department P.O. Box 6311 Centrex Central Burbank, CA 91503 Mr. Dave Hill Central Basin Municipal Water District 17140 S. Avalon Blvd., Suite 210 Carson, CA 90746-1218 Mr. George Hall Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks, CA 91362 Mr. Pat O'Grady Chino Basin Municipal Water District P.O. Box 697 Rancho Cucamonga 91730 Mr. Wayne Rayford City of Compton Municipal Water Department City Hall 205 S. Willowbrook Avenue Compton, CA 90220 Mr. Jack Eastwood Eastern Municipal Water District P.O. Box 8300 San Jacinto, CA 92581-8300 Mr. Tony Burgett Western Municipal Water District P.O. Box 5286 Riverside, CA 92517-5289 Mr. Dennis Maxwell City of Glendale Public Service Department 119 N. Glendale Avenue Glendale, CA 91206-4496 Mr. John Bressan Las Virgenes Municipal Water District 4232 Las Virgenes Road Calabasas, CA 91302 Mr. Brian Ragland Long Beach Water Department 1800 E. Wardlow Road Long Beach, CA 90807 Mr. Henry Venegas Los Angeles Department of Water and Power P.O. Box 111, Room 1420 Los Angeles, CA 90051 Ms. Donna Kocher Los Angeles Department of Water and Power P.O. Box 111, Room 1415 Los Angeles, CA 90051 Ms. Karen Tzumida Los Angeles Department of Water and Power 12730 Saticoy Street South N. Hollywood, CA 91605 Ms. Cathy Saddler Los Angeles Department of Water and Power 433 Temple Street Los Angeles, CA 90012 Mr. Keith Lyon Municipal Water District of Orange County P.O. Box 20895 Fountain Valley, CA 92728 -2- Mr. Pablo Hernandez Pasadena Water and Power Department P.O. Box 7115 Pasadena, CA 91109 Mr. Gene Nordgren San Diego County Water Authority 610 Fifth Avenue Escondido, CA 92025 Mr. Harold Tighe City of San Fernando 117 MacNeil Street San Fernando, CA 91340 Mr. Charles Shaw City of San Marino California American Water Co. 2020 Huntington Drive San Marino, CA 91108 Mr. Lee J. Harry Water Resources Manager City of Santa Ana Public Works Agency 217 N. Main Street Third Floor Santa Ana, CA 92701 Mr. A. C. "Sandy" Schaper City of Torrance Water Department 3031 Torrance Boulevard Torrance, CA 90509--2970 Mr. Dave Escalera Three Valley Municipal Water District P.O. Box 1300 Claremont, CA 91711 Ms. Barbara Hornyak Western Municipal Water District P.O. Box 5286 Riverside, CA 92517-5289 Ms. Leslie Hickambotton Pasadena Water and Power Department P.O. Box 7115 Pasadena, CA 91109 Ms. Linda Thomas Foothill Municipal Water District P.O. Box 686 La Canada Flintridge, CA 91011 Ms. Judy Solomon Los Angeles Department of Water and Power P.O. Box 111, Room 1414 Los Angeles, CA 90051 Mr. Dave Hill West Basin Municipal Water District 17140 S. Avalon Blvd., Suite 210 Carson, CA 90746-1218 Mr. John Mundy City of Santa Monica Utility Division 1334 3rd Street Promenade Santa Monica, CA 90401 Mr. Ronald V. Stassi City of Burbank P.O. Box 631, Centrex Central Burbank, CA 91503 Mr. Ed Otsuka City of Beverly Hills 9298 W. Third Street Beverly Hills, CA 90210 Mr. Don Okura Los Angeles Department of Water and Power P. O. Box 111, Room 1415 Los Angeles, CA 90051 Mr. Steve Ehren Long Beach Water Department 1800 E. Wardlow Road Long Beach, CA 90807 MWD -RN CALIFORNIA METROPOLITAN WATER DISTRICT OF SOUTHERN November 3, 1992 All Member Agencies General Manager Member Agency Response System -Executed Indemnification Agreement 1. Enclosed are two copies of the executed Member Agency Response System (MARS) Indemnification Agreement. This agreement establishes the relationship of each participating agency to each other in the event of agency loss or potential third -party liability due to activation of the MARS program. 2. All member agencies, with the exception of the Cities of Pasadena and Santa Monica, have signed the MARS agreement. As stated in paragraph 5 of the agreement, the names of all MARS participants are presented on the list attached hereto as exhibit "A". If in the future additional agencies submit their signed MARS agreements, Metropolitan will transmit appropriate copies to all member agencies. 3. If you have any questions regarding the MARS agreement, please contact Mr. Jarlath oley at (213) 24b-6326. JIL/sjm Minto"�Z cc: All Directors Attached list (w/encl.)