Reso 2011-801 RESOLUTION NO. 2011-801
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT APPROVING THE CALIFORNIA
WATER/WASTEWATER AGENCY RESPONSE NETWORK(CalWARN)
2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT
•
WHEREAS, the California Office of Emergency Services (OES), the Department of Water
Resources(DWR),the Department of Public Health(DPH) and the California Utilities Emergency
Association(CUEA)have expressed a mutual interest in the establishment of a plan to facilitate.and
encourage water agency mutual assistance agreements between water agencies; and
WHEREAS,the California Water Agency Response Network(CalWARN)was originally
created to provide a forum for the development of mutual assistance agreements between water agencies
in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the
State of California, and
WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK
(CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN
1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets for the
mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one
another in times of emergency; and
WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with
SEMS and that it is necessary to have a mutual assistance agreement in place to support request to FEMA
for costs of using assistance during an emergency, and
WHEREAS,the water or wastewater agency hereto has deter pined that it would be in the best
interests to enter into an agreement that implements that plan and sets forth procedures and the
responsibilities of the agency whenever emergency personnel, equipment and facility assistance are
provided from one agency to the other; and
WHEREAS, no water or wastewater agency should be in a position of unreasonably using its
own resources, facilities, or services providing such mutual assistance; and
WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually
publish a list of all water and wastewater agencies participating in this agreement , as posted on
www.calwarn.org; 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 Articles 14 and 17 (Section 8630 et seq.) of the Act.
NOW,THEREFORE, in consideration of the conditions and covenants contained there in the
Costa Mesa Sanitary District agrees to become a party to the CalWARN 2007 Omnibus Mutual
Assistance Agreement.
PASSED and ADOPTED on this 28th day of July 2011.
ter = ��
l
Secretary;ri sta;lylp*- amtary District President,Costa Mesa Sanitary District
Board offDi'-ctors Board of Directors
2
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify that the above
and foregoing Resolution No. 2011-801, was duly and regularly passed and adopted by said
Board of Directors at a regular meeting thereof held on the ;$12‘, day of
2011.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this day of 2011.
y
•
Clerk of t -Costs Mesaaiitary District
3
Attachment B
Articles of Agreement
2 California Water/Wastewater Agency, Response Network
3 WARN 2007 Omnibus Mutual Assistance Agreement
4
5 This AGREEMENT is made and entered into by those water and wastewater utilities which have
6 adopted and signed this agreement to provide mutual assistance in times of emergency in
7 accordance with the California Emergency Services Act and the California Disaster and Civil
8 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies
9 and personnel made available on an emergency basis.
10
11 All of said water and wastewater utilities being herein referred to collectively as"the parties."
12
13 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree
14 to provide mutual assistance to one another in times of emergency as follows:
15
16
17 ARTICLE I.
18 PURPOSE
19
20 Recognizing that emergencies may require assistance in the form of personnel, equipment, and
21 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate
22 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program,
23 Members coordinate response activities and share resources during emergencies. This
24 Agreement sets forth the procedures and standards for the administration of the Intrastate
' 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public
26 and private, in the State of California.
27
28
29 ARTICLE II.
30 DEFINITIONS
31
32 A. Authorized Official—An employee or officer of a Member who is authorized to: (1) request
33 assistance; (2) offer assistance; (3)refuse to offer assistance or(4)withdraw assistance
34 under this.
35
36 B. Emergency—A natural or human caused event or circumstance causing, or imminently
37 threatening to cause impact to the operations of a member utility's system, loss of life, injury
38 to person or property, human suffering or financial loss, and includes, but is not limited to,
39 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought,volcanic
40 activity, spills or releases of oil or hazardous material, contamination, utility or transportation
41 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or
42 other conditions which is, or is likely to be beyond the control of the services, personnel,
43 equipment, and facilities of a Member and requires mutual assistance,
44
45 C. Member—Any public or private water or wastewater utility that manifests intent to
46 participate in the Mutual Aid and Assistance Program by executing this, the California
47 Water/Wastewater Agency Response Network(CaIWARN)Agreement.
48
49 D. Associate Member—Any non utility participant, approved by the State Steering Committee,
50 that provides a support role for the WARN program, for example State Department of Public
CaIWARN Mutual Aid/Asst Agreement 1 Approved and Adopted
September 30, 2007 by Vote of Members
1 Health, or associations, who are members of the Regional or State Steering Committees
2 and do not officially sign the WARN agreement.
3
4 E. Confidential Information -Any document shared with any signatory to this Agreement that
5 is marked confidential, including but not limited to any map, report, notes, papers, opinion,
6 or e-mail which relates to the system vulnerabilities of a Member or Associate Member.
7
8 F. Non-Responding Member-A Member that does not provide assistance during a Period of
9 Assistance under the Mutual Aid and Assistance Program.
10
11 G. Requesting Member—A Member who requests assistance under the Mutual Aid and
12 Assistance Program.
13
14 H. Responding Member—A Member that responds to a request for assistance under the
15 Mutual Aid and Assistance Program.
16
17 I. Period of Assistance—A specified period of time when a Responding Member assists a
18 Requesting Member. The period commences when personnel, equipment, or supplies
19 depart from Responding Member's facility and ends when the resources return to their
20 facility (portal to portal). All protections identified in the Agreement apply during this period.
21 The specified Period of Assistance may occur during response to or recovery from an
22 Emergency.
23
24 J. National Incident Management System(NIMS)-A national, standardized approach to
25 incident management and response that sets uniform processes and procedures for
26 emergency response operations.
27
28 K. Standardized Emergency Management System(SEMS)-A standardized approach to
29 field command and jurisdictional management and response set forth by State of California
30 Code of Regulations for multi-agency or multi-jurisdictional response to an emergency.
31
32
33 ARTICLE III.
34 ADMINISTRATION
35
36 The administration of the Water/Wastewater Agency Response Network(WARN)will be
37 through WARN Regional Steering Committees (RSC)and the WARN State Steering Committee
38 (SSC).
39
40 The WARN RSCs will be established by representatives from the Members in that region. A
41 chair and co-chair will be elected and act as administrators for that region. The chair will
42 represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for
43 Members, maintain a data base of all water and wastewater utilities who have signed this
44 Agreement, and meet as a committee to address concerns and procedures for requesting
45 mutual assistance in that region. The regions will be comprised of one or more of the six Office
46 of Emergency Services (OES) mutual aid regions.
47
48 The WARN SSC will include the chairs of the regional steering committees, and a
49 representative from the California Department of Public Health (CDPH), California Utilities
50 Emergency Association (CUEA), Department of Water Resources (DWR),the American Water
51 Works Association(AWWA) Emergency Planning Committee, California Rural Water
CaIWARN Mutual Aid/Asst Agreement 2 Approved and Adopted
September 30, 2007 by Vote of Members
1 Association (CRWA) and California Sanitation Risk Management Authority(CSRMA). The SSC
2 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the
3 WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating
4 utilities. The database will be maintained on the WARN website, managed by a volunteer
5 Member, as appointed by the SSC.
6
7
8 ARTICLE IV.
9 PROCEDURES
10
11 A. In coordination with the Regional Steering Committees, emergency management and public
12 health system of the state; the State Steering Committee shall develop operational and
13 planning procedures for the Mutual Aid and Assistance Program. These procedures shall
14 be consistent with the Standardized Emergency Management System (SEMS)and the
15 National Incident Management System (NIMS), reviewed at least annually and updated as
16 needed by the State Steering Committee.
17
18 B. Requests for emergency assistance under this Agreement shall be directed to the
19 appropriate Authorized Official(s)from the list of Members.
20
21 C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for
22 mutual assistance under this Agreement may be channeled through the CUEA Utility
23 Operation Center to ensure maximum effectiveness in allocating resources to the highest
24 priority needs.
25
26
27 ARTICLE V.
28 REQUESTS FOR ASSISTANCE
29
30 In general, assistance will be in the form of resources, such as equipment, supplies, and
31 personnel. Assistance shall be given only when Responding Member determines that its own
32 needs can be met while rendering assistance. The execution of this Agreement shall not create
33 any duty to respond on the part of any party hereto. A potential Responding Member shall not
34 be held liable for failing to provide assistance. A potential Responding Member has the
35 absolute discretion to decline to provide any requested assistance.
36
37 A. Member Responsibility- Members shall identify an Authorized Official and alternates;
38 provide contact information including 24-hour access; and maintain resource information
39 made available by the utility for mutual aid and assistance response, as allowed by utility
40 policy. Such information shall be updated annually or as changes occur(whichever is
41 sooner), provided to the State Steering Committee, and uploaded into the statewide
42 database.
43
44 B. Member Request-In the event of an Emergency, a Member's Authorized Official may
45 request mutual aid and assistance from a participating Member. Requests for assistance
46 can be made orally or in writing. When made orally, the request for personnel, equipment,
47 and supplies shall also be prepared in writing and submitted to the participating Member as
48 soon as practicable. Requests for assistance shall be directed to the Authorized Official of
49 the participating Member. Specific protocols for requesting aid shall be provided in the
50 procedures developed under Article IV.
51
CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted
September 30, 2007 by Vote of Members
1 C. Response to a Request for Assistance—Members are not obligated to respond to a
2 request.After a Member receives a request for assistance, the Authorized Official evaluates
3 whether or not to respond,whether resources are available to respond, or if other
4 circumstances would hinder response. Following the evaluation, the Authorized
5 Representative shall inform, as soon as possible, the Requesting Member whether it will
6 respond. If the Member is willing and able to provide assistance, the Member shall inform
7 the Requesting Member about the type of available resources and the approximate arrival
8 time of such assistance.
9
10 D. Discretion of Responding Member's Authorized Official— Execution of this Agreement
11 does not create any duty to respond to a request for assistance. When a Member receives
12 a request for assistance, the Authorized Official shall have sole and absolute discretion as to
13 whether or not to respond, or the availability of resources to be used in such response. An
14 Authorized Member's decisions on the availability of resources shall be final.
15
16
17 ARTICLE VI.
18 RESPONSE COORDINATION
19
20 When providing assistance under this Agreement, the Requesting Member and Responding
21 Member shall be organized and shall function under the Standard Emergency Management
22 System and National Incident Management System protocols and procedures.
23
24 A. Personnel—Responding Member retains right to identify the employees who are willing
25 to participate and the resources that are available.
26
27 B. Control—While employees so provided may be under the supervision of the
28 Responding Member,the Responding Member's employees come under the direction
29 and control of the Requesting Member,consistent with the NIMS Incident Command
30 System to address the needs identified by the Requesting Member. The Requesting
31 Member's Authorized Official shall coordinate response activities with the designated
32 supervisor(s)of the Responding Member(s). Whenever practical, Responding
33 Member personnel must be self sufficient for up to 72 hours.The Responding Member's
34 designated supervisor(s)must keep accurate records of work performed by personnel
35 during the specified Period of Assistance.
36
37 C. Food and Shelter—When possible, the Requesting Member shall supply reasonable food
38 and shelter for Responding Member personnel. If the Requesting Member is unable to
39 provide food and shelter for Responding Member personnel, the Responding Member's
40 designated supervisor is authorized to secure the resources necessary to meet the needs of
41 its personnel. Except as provided below, the cost for such resources must not exceed the
42 State per diem rates for that area. To the extent Food and Shelter costs exceed the State
43 per diem rates for the area,the Responding Member must demonstrate that the additional
44 costs were reasonable and necessary under the circumstances. Unless otherwise agreed
45 to in writing,the Requesting Member remains responsible for reimbursing the Responding
46 Member for all reasonable and necessary costs associated with providing food and shelter,
47 if such resources are not provided.
48
49 D. Communication — The Requesting Member shall provide Responding Member personnel
50 with radio equipment as available, or radio frequency information to program existing radio,
51 in order to facilitate communications with local responders and utility personnel.
CaIWARN Mutual Aid/Asst Agreement 4 Approved and Adopted
September 30, 2007 by Vote of Members
1
2 E. Status- Unless otherwise provided by law, the Responding Member's officers and
3 employees retain the same privileges, immunities, rights, duties and benefits as provided in
4 their respective jurisdictions.
5
6 F. Licenses and Permits—To the extent permitted by law, Responding Member personnel
7 who hold licenses, certificates, or permits evidencing professional, mechanical, or other
8 skills shall be allowed to carry out activities and tasks relevant and related to their respective
9 credentials during the specified Period of Assistance.
10
11 G. Right to Withdraw Resources-The Responding Member's Authorized Official retains the
12 right to withdraw some or all of its resources at any time for anv reason in the Responding
13 Member's sole and absolute discretion. Notice of intention to withdraw must be
14 communicated to the Requesting Member's Authorized Official as soon as soon as is
15 practicable under the circumstances.
16
17
18 ARTICLE VII.
19 COST REIMBURSEMENT
20
21 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member
22 shall reimburse the Responding Member for each of the following categories of costs incurred
23 while providing aid and assistance during the specified Period of Assistance.
24
25 A. Personnel— Responding Member will make such employees as are willing to
26 participate available to Requesting Member at Requesting Member's expense equal to
27 Responding Member's full cost, i.e., equal to the employee's applicable salary or hourly
28 wage plus fringe benefits and overhead, and consistent with Responding Member's
29 collective bargaining agreements or other conditions of employment.All costs incurred
30 for work performed during the specified Period of Assistance will be included.The
31 Requesting Member shall be responsible for all direct and indirect labor costs.
32
33 B. Equipment— Use of equipment, such as construction equipment, vehicles, tools, pumps
34 and generators, shall be at Responding Member's current equipment rate and subject to the
35 following conditions;The Requesting Member shall reimburse the Responding Member for
36 the use of equipment during the specified Period of Assistance, including, but not limited to,
37 reasonable rental rates, all fuel, lubrication, maintenance,transportation,and
38 loading/unloading of loaned equipment. All equipment shall be returned to the Responding
39 Member as soon as is practicable and reasonable under the circumstances.
40 (a) At the option of Responding Member, equipment may be provided with an
41 operator.
42 (b) Equipment shall be returned to Responding Member within 24 hours after receipt
43 of an oral or written request for return.
44 (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and
45 maintenance for furnished equipment.
46 (d) Responding Member's cost related to the transportation, handling and
47 loading/unloading of equipment shall be chargeable to Requesting Member.
48 (e) In the event equipment is damaged while being dispatched to Requesting Member,
49 or while in the custody and use of Requesting Member, Requesting Member shall
50 reimburse Responding Member for the reasonable cost of repairing said damaged
51 equipment. If the equipment cannot be repaired, then Requesting Member shall
CaIWARN Mutual Aid/Asst Agreement 5 Approved and Adopted
September 30, 2007 by Vote of Members
1 reimburse Responding Member for the cost of replacing such equipment with
2 equipment that is of at least equal capability as determined by the Responding
3 Member. If Responding Member must lease a piece of equipment while Requesting
4 Member equipment is being repaired or replaced, Requesting Member shall
5 reimburse Responding Member for such lease costs.
6
7 C. Materials and Supplies—Requesting Member shall reimburse Responding Member in
8 kind or at actual replacement cost, plus handling charges,for use of expendable or non-
9 returnable supplies. Other supplies and reusable items that are returned to Responding
10 Member in a clean, damage-free condition shall not be charged to the Requesting
11 Member and no rental fee will be charged; otherwise, they shall be treated as
12 expendable supplies. Supplies that are returned to the Responding Member with
13 damage must be treated as expendable supplies for purposes of cost reimbursement.
14
15 D. Payment Period—The Responding Member shall provide an itemized bill to the Requesting
16 Member for all expenses incurred by the Responding Member while providing assistance
17 under this Agreement. The Requesting Member shall send the itemized bill not later than
18 (90) ninety dates following the end of the Period of Assistance. The Responding Member
19 may request additional periods of time within which to submit the itemized bill, and
20 Requesting Member shall not unreasonably withhold consent to such request. The
21 Requesting Member agrees to reimburse the Responding Member within 60 days from
22 receipt of an invoice for assistance provided under this Agreement. The Requesting
23 Member may request additional periods of time within which to pay the itemized bill, and
24 Responding Member shall not unreasonably withhold consent to such request, provided,
25 however,that all payment shall occur not later than one-year after the date a final itemized
26 bill is submitted to the Requesting Member.
27
28 E. Records- Each Responding Member and its duly authorized representatives shall have
29 access to a Requesting Member's books, documents, notes, reports, papers and records
30 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of
31 a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member
32 and its duly authorized representatives shall have access to a Responding Member's books,
33 documents, notes, reports, papers and records which are directly pertinent to this
34 Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial,
35 maintenance or regulatory audit. Such records shall be maintained for at least three (3)
36 years or longer where required by law and as needed for federal reimbursement practices.
37
38
39 ARTICLE VIII.
40 ARBITRATION
41
42 If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited
43 to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the
44 dispute by negotiation, followed by mediation and finally shall be settled by arbitration in
45 accordance with the Rules of the American Arbitration Association. Judgment on the award
46 rendered by the arbitrator(s) may be entered in any court having jurisdiction.
47
48
Cal WARN Mutual Aid/Asst Agreement 6 Approved and Adopted
September 30, 2007 by Vote of Members
1 ARTICLE IX.
2 REQUESTING MEMBER'S DUTY TO INDEMNIFY
3
4 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member
5 shall assume the defense of,fully indemnify and hold harmless Responding Member, its
6 Directors, Council Members, Supervisors, officers and employees, from all claims, loss,
7 damage, injury and liability of every kind, nature and description, directly or indirectly arising
8 from the Requesting Member's work hereunder, including, but not limited to, negligent or
9 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty
10 workmanship or other negligent acts, errors or omissions by Responding.Member, or by
11 personnel provided to Requesting Member from the time assistance is requested and
12 rendered until the assistance is returned to Responding Member's control, portal to portal.
13
14
15 ARTICLE X.
16 SIGNATORY INDEMNIFICATION
17
18 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature
19 arising out of the rendering of assistance through this Agreement, the parties involved in
20 rendering or receiving assistance agree to indemnify and hold harmless all Members whose
21 only involvement is the execution and approval of this Agreement, in the transaction or
22 occurrence which is the subject of such claim, action, demand or other proceeding. Such
23 indemnification shall include indemnity for all claims, demands, liability, damages and costs,
24 including reasonable attorneys'fees and other costs of defense, for injury, property damage
25 and workers compensation.
26
27
28 ARTICLE Xi.
29 WORKER'S COMPENSATION CLAIMS
30
31 The Responding Member is responsible for providing worker's compensation benefits and
32 administering worker's compensation for its employees. The Requesting Member is
33 responsible for providing worker's compensation benefits and administering worker's
34 compensation for its employees.
35
36
37 ARTICLE XII.
38 NOTICE
39
40 Each party hereto shall give to the others prompt and timely written notice of any claim
41 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly,
42 contingently or otherwise, affects or might affect them, and each Member shall have the
43 right to participate in the defense of the same, as it considers necessary to protect its own
44 interests.
45
46
CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted
September 30, 2007 by Vote of Members
1 ARTICLE XIII.
2 • INSURANCE
3
4 Members shall maintain an insurance policy or maintain a self insurance program that covers
5 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance
6 Program.
7
8
9 ARTICLE XIV.
10 CONFIDENTIAL INFORMATION
11
12 To the extent allowed by law, any Member or Associate Member shall maintain in the strictest
13 confidence and shall take all reasonable steps necessary to prevent the disclosure of any
14 Confidential Information provided to it by another Member pursuant to this Agreement. If any
15 Member,Associate Member, or third party requests or demands, by subpoena or otherwise,
16 that a Member or Associate Member disclose any Confidential Information provided to it under
17 this Agreement, the Member or Associate Member shall immediately notify the owner of the
18 Confidential Information and shall take all reasonable steps necessary to prevent the disclosure
19 of any Confidential Information by asserting all applicable rights and privileges with respect to
20 such information and shall cooperate fully in any judicial or administrative proceeding relating
21 thereto.
22
23
24 ARTICLE XV.
25 EFFECTIVE DATE
26
27 This Agreement shall take effect for a new party immediately upon its execution by said
28 party.
29
30
31 ARTICLE XVI.
32 WITHDRAWAL
33
34 Any party may terminate its participation in this Agreement by written notice to the Chair of the
35 appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate
36 officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting
37 Member's duty to reimburse a Responding Member for cost incurred during a Period of
38 Assistance,which duty shall survive such withdrawal.
39
40
41 ARTICLE XVII.
42 MODIFICATION
43
44 No provision of this Agreement may be modified, altered or rescinded by individual parties to the
45 Agreement. Modifications to this Agreement require a simple majority vote of Members within
46 each region and unanimous agreement among the regions. The State Steering Committee will
47 notify all parties of modifications to this Agreement In writing and those modifications shall be
48 effective upon 60 days written notice to the parties.
49
CaIWARN Mutual Aid/Asst Agreement 8 Approved and Adopted
September 30, 2007 by Vote of Members
1
2 ARTICLE XVIII.
3 SEVERABILITY
4
5 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be
6 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be
7 affected, and the rights and obligations of the parties shall be construed and enforced as if the
8 Agreement did not contain the particular term or provision held to be invalid.
9
10
11 ARTICLE XIX.
12 PRIOR AGREEMENTS
13
14 To the extent that prior agreements among signatories to this Agreement for mutual assistance
15 are inconsistent with this Agreement, such agreements are hereby superseded. This
16 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus
17 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement.
18
19
20 ARTICLE XX.
21 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
22
23 This Agreement is for the sole benefit of the Members and no other person or entity has rights
24 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of
25 duties created by this Agreement to third parties that are not Members is prohibited and without
26 effect.
27
28
29 ARTICLE XXI.
30 TORT CLAIMS
31
32 This Agreement in no way abrogates or waives any immunity or defense available under
33 California law.
34
35
36 ARTICLE XXII.
37 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
38
39 To the extent practicable, Members retain the right to participate in mutual aid and assistance
40 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance
41 Program and the Interstate Emergency Management Assistance Compact (EMAC)and similar
42 programs.
43
44
45
Cal WARN Mutual Aid/Asst Agreement 9 Approved and Adopted
September 30, 2007 by Vote of Members