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HomeMy WebLinkAboutAgenda Report - August 20, 2008 E-12E74orL AGENDA ITEM CITY OF LODI qVCOUNCIL COMMUNICATION TM AGENBA TITLE: Adopt Resolution Authorizing the City Managerto Execute Mutual Aid Agreements with American Public Power Association, California Municipal Utilities Association and California Utilities Emergency Association (EUD) MEETING DATE: August 20,2008 PREPARED BY: Electric Utility Director RECOMMENDEDACTION: Adopt a resolution authorizing the City Manager to enter into mutual aid agreements with American Public Power Association (APPA), California Municipal UtilitiesAssociation (CMUA) and California Utilities Emergency Association (CUEA). BACKGROUND INFORMATION: Mutual Aid Agreements provide the terms for organizations to assist each other when mutually agreeable. They are of particular benefit in speeding response to emergencies, but may also give us additional economical sources when we need to use a certain piece of equipment only occasionally. They may also provide some cost recovery for idle equipment we have that is needed for a time by another party. We have found three Mutual Aid Agreements that are available to us. Attachment 1 is the Mutual Aid Agreement coordinated by the American Public Power Association. The Agreement is explicit that aid is not contingent on an emergency or disaster. The Aiding Signatory provides assistance at its discretion upon request of the Requesting Signatory. The Requesting Signatory pays the Aiding Signatory's invoice for labor, equipment, and transportation at the Aiding Signatory's reasonable and customary rates and for meal and lodging expenses at reasonable and actual costs. Parties include SMUD, Roseville, Alameda and Redding. There is no other cost just for entering into the Agreement. Attachment 2 is the Mutual Aid Agreement coordinated by the California Municipal UtilitiesAssociation. It is similar to the APPA Agreement, with the following key difference: it is intended for use in emergencies (though it doesn't explicitly bar aid at other times), reimbursement is at cost + 10%, and it has explicit provisions to clarify matters of liability and indemnification. Parties include Alameda, Palo Alto and Santa Clara. There is no other cost just for entering into the Agreement. Attachment 3 is the Mutual Aid Agreement of the California Utilities Emergency Association coordinated by the California Office of Emergency Services. It is similar to the APPA Agreement except that requesting aid requires the description of an emergency and the Agreement adds more detail in matters such as liability, arbitration and audit rights. Parties include PG&E, SMUD, MID, Palo Alto, Redding, Roseville and Santa Clara. The cost to belong to CUEA is currently $4.35/year per million of Operating Revenue, with a $500/year minimum (and $40,000 maximum, that affects PG&E, Southern California Edison (SCE) and the like). CUEA also provides certain free training and would provide services to the water and wastewater utilities, as well as electric. APPROVED: Blair Kiri i y Manager Adopt Resolution Authorizing the City Managerto Execute Mutual Aid Agreements with American Public Power Association, California Municipal Utilities Association and California Utilities Emergency Association (EUD) August 20,2008 Page 2 of 2 The proposed resolution would authorize the City Managerto execute all three Mutual Aid Agreements and authorize the Electric Utility Director or his/her designee to administer them, subject (in the absence of an emergency) to budget limitations. FISCAL IMPACT: Minimum $500 per year for the CUEA Agreement, if aid is not requested. If requesting assistance without an emergency, use is limited by adopted budget constraints. If providing assistance, use may provide revenue to defray fixed costs. FUNDING: GFM/KWnst Attachments Fiscal Year 2008-09 Budget Account No. 160650 (System Maintenance -Overhead) Binet Manager George F- Morrow Electric Utility Director Attachment 1 APPA Mutual Aid Agreement MUTUAL AID AGREEMENT In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid Agreement agrees to render aid to any of the other Signatories as follows: 1.)Request for aid. The Requesting Signatory agrees to make its request in writing to the Aiding Signatory within a reasonable time after aid is needed and with reasonable specificity. The Requesting Signatory agrees to compensate the Aiding Signatory as specified in this Agreement and in other agreements that may be in effect between the Requesting and Aiding Signatories. 2.) Discretionary rendering of aid. Rendering of aid is entirely at the discretion of the Aiding Signatory. The agreement to render aid is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. 3.) Invoice to the Reauesting Signatory, Within 90 days of the return to the home work station of all labor and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement. 4.) Charges to the Requesting Signatory. Charges to the Requesting Signatoryfrom the Aiding Signatory shall be as follows: a.) Labor force. Charges for labor force shall be in accordance with the Aiding Signatory's standard practices. b.) Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for such equipment in the Aiding Signatory's location. c.) Transportation. The Aiding Signatory shall transport needed personnel and equipment by reasonable and customary means and shall charge reasonable and customary rates for such transportation. d.) Meals, lodging and other related expenses. Charges for meals, lodging and other expenses related to the provision of aid pursuant to this Agreement shall be the reasonable and actual costs incurred by the Aiding Signatory. 5.) Counterparts. The Signatories may execute this Mutual Aid Agreement in one or more counterparts, with each counterpart being deemed an original Agreement, but with all counterparts being considered one Agreement. 6.) Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date Entity (name/ state) By ( please prin t) Title Fax back to Michael Hyland at 202/467-2992 or mail back to: American Public Power Association, ATTN - Michael Hyland, 1875 Connecticut Ave, N.W., Ste 1200, Washington, D.C. 20009-5715 APPA Mutual Aid Agreement California Participants Alameda Power & Telecom Alameda City of Azusa Azusa Lassen Municipal Utility District Susanville City of Redding Redding City of Roseville Roseville Sacramento Municipal Utility District Sacramento Attachment 2 CMUA Mutual Aid Agreement MIJfiUAI AID AGREEMENT THIS AGREMIENT (herein "Agreement") , effective this 9Td day of ?larch 1993, by and among the City of Burbank, California; the -city of Glendale, California; the City of Pasadena, California; the City of Alameda, California; the City of Palo Alto, California; and the City of Santa Clara, California; and among other Parties who may become signatory to this Agreement- The siqnatories to this Agreement may be referred to herein collectively as the "Parties" or individually as a "Party.' R E C I T A L S: Each of the Parties hereto is engaged in the production, acquisition, transmission and distribution of electricity within their respective boundaries, and the operation of similar facilities for such purpose; and Each of the Parties has the power and duty to operate and maintain their respective facilities in good condition, and each employs skilled personnel and uses parts and equipment to repair and maintain such facilities; and Severe breakdowns or other emergencies may arise in the operation of such facilities, in the normal course of operations, or by an act of God or civil disobedience, or war, requiring immediate correction and repair for which a Party hereto may have insufficient personnel, equipment or material to make such immediate repair; and The Parties each have power to enter into contracts for the maintenance and repair of its facilities, and it is in the best interests of the public and the Parties to enter into this Agreement, as exemplified and authorized by the California Emergency Services Act, California Government Code Sections 8550 Pt CP ; AGREEMENT PROVISIONS: NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties do agree as follows: 1. In the event of an emergency as defined in Government Code Section 8558 or local laws requiring repair or other corrective action to be taken immediately to protect life, property or facilities within the jurisdictional boundaries of any Party, the Designated Representative of such Party may call on any or all of the other Parties for.assistance by way of personnel, equipment and material. Such requests may take the form of general need or requirements for individual specific crafts or job titles. 2. when request for assistance is received, the Party which responds (herein the "Responding Party") shall promptly advise of the extent of response, and provide whatever personnel, equipment, and/or facilities can be provided without jeopardizing the skfety of persons or property within its jurisdiction. No Party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 3. When the Responding Party's personnel, equipment, and/or facilities are no longer required or when Responding -Party advises that its reseuzces are required within its own jurisdiction, the Party requesting assistance (herein the "Requesting Party") shall immediately arrange for the return of those resources. 4. Requesting Party shall be responsible for the safekeeping Of the resources provided by the Responding Party. Requesting ?arty shall remain in charge of the incident or Occurrence and shall provide control and direction to all resources provided by the Responding Party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the Requesting Party. Requesting Party shall make arrangements for medical care, housing and feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by Responding Party. Requesting Party agrees to pay Responding Party's total costs plus ten percent (10%) incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to Responding Party's internal operations. "Total costs" include direct labor, direct material, direct equipment and applicable expenses at Requesting Party's site and en route to and from Requesting Party's site. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Requesting Party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of Responding Party. W -ben mutual aid is provided, the Requesting Party and Responding Party shall both keep account records of the personnel, equipment, and materials provided as required by Federal and State (NDAA) and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to the other Party's records for this purpose. 5. Any Party may withdraw from this Agreement by giving each of the other Parties thirty (30) days' prior written notice. Indemnification A. Requesting Party shall hold harmless, indemnify, and defend the Responding Party, its officers, agents, and employees against all liability, claims, losses, demands or actions for injury to, or death of, a person or persons, or damage to property, arising our of this Agreement provided such liability, claims, losses, demands, or actions are claimed to be due to the acts or omissions of Requesting Party, its officers, agents, or employees, or employees of the Responding Party when the act or omission of such Responding Party employee occurs within the course and scope of providing emergency aid. Injuries, death or damages occurring en route to or from Requesting Party are not considered to be within the course and scope of providing emergency aid. S. Responding Party shall hold harmless, indemnify, and defend the Requesting Party, its officers, agents, and employees against all liability, claims, losses, demands or actions for injury to or death of, a person or persons or damage to property arising out of the use of any defective equipment or product supplied [and used by] Responding Party in response to a call for assistance from a Requesting Party. C. The indemnifying Party shall, upon request, either (1) assume on behalf of the indemnified Party the defense of any action at law in which liability is sought to be imposed upon said indemnified Party; or (2) reimburse said indemnified Party for all reasonable costs of defending such action including attorneys fees. The indemnified Party shall promptly provide the indemnifying Party with notice of any claims or actions and copies of relevant documents. Indemnified Party shall make its employees available to assist in litigation and in litigation preparation. Indemnifying Party shall pay indemnified Party's total costs for such assistance to the same extent provided in Section 4 hereof. 7. Employees of a Responding Party shall follow the safety rules of Responding Party unless directed by Requesting Party to follow safety rules which require a higher order of safety as to the particular activity. s. Each Party shall designate a representative who shall be the contact perscn under this Agreement and shall be authorized to make decisions and on sending or receiving aid pursuant to this Agreement. 9. Participation is open to all public, non -investor owned electric utilities with the consent of the new Parties' governing bodies and a majority of existing Parties' designated representatives. 10. Any controversy or claim between the Parties hereto arising out of or relating to this Agreement, or the breach 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. 11. Nothing in this Agreement is intended or shall be construed to abrogate, waive, or to operate in any manner so as to diminish the privileges and immunities conferred upon the Parties, their officers, agents and employees by the California Tort Claims Act (California Government Code Sections 800 et_se.), the California Emergency Services Act (California Government Code Sections 8550 et se .) or any other provision of law. The Parties intend that the provisions of Government code Section 8656 shall govern pursuant to this Agreement as if this statute were at all times in effect and applicable hereto. 12. This Agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all the Parties to all of the counterparts had signed the same instrument. IN WITNESS WHEREOF, each Party has executed a counterpart of this Agreement with the approval of its governing body, and represents and warrants that the Party has all requisite authority, and has duly agreed to be bound by all of the terms and conditions of this Agreement. COUNTERPARTS CITY OF LODI IIm Title: City Manager Date: / /08 LODI ELECTRIC UTILITY Title: Electric Utility Director Approved as to Form: City Attorney of City of Lodi ATTEST: By: City Clerk Parties City of Burbank, CA City of Glendale, CA City of Pasadena, CA City of Alameda, CA City of Palo Alto, GA City of Santa Clara, CA Trinity County City of Anaheim Hetch Hetch Water & Power City of Riverside Rev. 17/7/96 APPENDIX A MUTUALAID AGREEMENT Desianated Representative Contact Point Ronald V. Stassi Property Guard Generai Manager 818-238-3778 William R. Hall Operations/Dispatch Electrical Services 818-548-2011 Rufus Hightower General Manager Clifford R. Hubbard Assistant General Manager Larry Starr Asst. DirectorEng/Ops John C. Roukema Assistant Director of Electric Utility Rick Coleman Generai Manager Edward K. Aghjayan Public Utilities General Manager Lawrence T. Klein General Manager Bill Carnahan General Manager Dispatch Center 818-405-4480 System Dispatcher 510-748-3966 System Dispatcher 415-496-6914 Power System Dispatcher 408-984-3137 Richard Laudahi 916-623-5536 System Operations 714-956-5980 Ken Cooper c/o Power House 209-989-2099 Stephen E. Lafond 9091351-6344 Attachment 3 CUEA Mutual Aid Agreement TABLE OF CONTENTS SECTIO TITLE oEnINo/owm a /. PARTIES ................... ......... ............ ...................................... __ 5 zRECITALS ........ ......................... ............ ................................. ............ 5 3. SCOPE OF ASSISTANCE ................................................ .................... ^ 4. PAYMENT .................................... -----.......... o 5. A000^woARBITRATION ............................................ .................. n 6. TERM AND TERMINATION .............. ......... --.............................. o zLIABILITY ......... —...... ............ —................... ................... --- ............ /2 u GOVERNING LAW ................................. ............................................. w 9. AUTHORIZED REPRESENTATIVES ---... w *u ASSIGNMENT o*AuxEumumI .---------------- w 11. WAIVERS OF AGREEMENT ............................................................. m 12. ENTIRE AGREEMENT ........................... ........................................... 14 13. AMENDMENT ....................... ............................... ....................... ..... /5 14. NOTICES ................ ........................... ........................................... o is. A/zAooMmvTu........................... '..................................... ............. /5 *s xuONAromE'oLAUme....................................................................... m xzu`uIMumz^..................................................................... »-1 Parties mthe Agreement ATnAcxmumra..................................... ............................... A-2 Names and Address o/Authorized ici ng ATnAcxmumrc...... .......................... —............................ A-3 Custodianship v,Agreement AYu^cswsmro.... ..................... .......................................... A-* Procedures for Requesting and Providing Assistance ArrAo/uwENFe—................................ A-5 Procedures for Deactivation o/A,emtancv ATnAcxmuwrc---------------------__ A-6 Request for Assistance Jever ArmCnxaaTu----.------------------' A-7 Invoice °"^ ous^Mutual Assistance Agreement 2 DEFMT10NS As used herein, unless otherwise indicated, the following terms are defined as set forth below. 0.1 Activation: The initiation ofthe Assistance and administrative process of this Agreement including: request for Assistance, assessing and communicating the scope of assistance request, assessing and communicating the resources available for Assistance, activation procedures, mutual assistance coordination, and other processes and procedures supporting the Mobilization of Assistance resources. 0.2 Assistance: Includes all arrangements and preparation for and the actual mobilization of personnel. material, equipment, supplies and/or tools or any other form of aid or assistance, including all related costs and expenses as set forth in this Agreement, provided by an Assisting Party to a Requesting Parry, from the time of the official authorization by the Requesting Party and including the return and demobilization by an Assisting Party of its personnel and equipment, also as set Ibrth in this Agreement. 0.3 Deactivation: The termination ofthe Assistance and administrative process including: notification of Deactivation, Demobilization planning, identification of applicable costs. processes and procedures supporting Demobilization of resources, provide forinvoicing, audit, critique information, andclosure ofthe Assistance. 0.4 Demobilization: The actual returning ofall Assistance resources to the Assisting Party's normal base. 0.5 Emergency: Any unplanned event that, in the reasonable opinion ofthe Patty to this Agreement, could result, or has resulted, in (a) a hazard to the public, to employees of any Party, or to the environment; (b) material loss to property; or (c) a detrimental effect on the reliability of any Party's electric or natural gas system. The Emergency may be confined to the utility infrastructure or may include community -wide damage and emergency response. An Emergency may be a natural or human caused event. 0.6 Mobilization: The actual collecting, assigning, preparing and transporting of all Assistance resources. 0.7 Mutual Assistance Liaison: The person(s) designated by the Requesting Party, and Assisting Party, to coordinate all administrative requirements ofthe Agreement. 0.8 Natural Gas or Gas: The term "natural gas" as used in this Agreement shall include all commercially available forms of natural gas including Synthetic Natural Gas. 0.9 Operations Liaison: As described in Section 3.18, the person or persons designated by the Requesting Parry to provide direct contact, communications and coordination at the operations level for Assisting Parry's crews and resources at the location of the assistance. This may include but is not limited to: contact and communications for assisting crews, safety information processes and procedures, ensuring coordination of lodging and meals, addressing issues of Equipment requirements, materials requirements, and other logistical issues necessary to ensure safe effective working conditions. 0.10 Qualified The training, education and experience of employees completing an apprenticeship or other industry/ trade training requirements consistent with Federal Bureau of Apprenticeships and Training, Department of Transportation Pipeline Safety Regulations, or other recognized training authority or regulation. Training and qualification standards and are the responsibility of the Requesting Party to evaluate, in advance, the acceptable level of qualification for trade employees (i.e. lineman, electrician, fitter, etc.). 0.11 Work Stoppages: Any labor disputes, labor union disagreements, strikes. or any circumstance creating a shortage ofqualified labor for a company during a non- emergency situation. 9/05 CUER Mutual Assistance Agreement 9105 CUEA Mutual Assistance Agreement 3 MUTUAL ASSISTANCE AGREEMENT (Electric and Natural Gasl PARTIES This Mutual Assistance Agreement (hereinafter referred to as "Agreement") is made and entered into effective September 15, 2005. Each Patty is, and at all times it remains a Parry. shall be a member in good standing of the California Utilities Emergency Association. Each of the parties that has executed this Agreement may hereinafter be referred to individually as "Party" and collectively as "Parties." The Parties to this Agreement are listed in Attachment "A" hereto. RECITALS This Agreement is made with reference to the following facts, among others: 2.1 Certain of the Parties to this Agreement entered into a prior agreement ("Prior Agreement") dated January 15, 11999 to provide one another with mutual assistance. This Prior Agreement set forth procedures governing the requesting and providing of assistance in the restoration of electric and/or natural gas service. It is the intention of the Parties that this new Agreement, when signed by the Parties shall be effective for requesting or providing Assistance for the restoration of electric service following natural or man- made Emergencies which may occur on or after the date on which each of the Parties involved in the requesting or providing of Assistance signed this Agreement. Upon execution of this Agreement the Prior Agreement shall terminate, except that any rights or obligations which arose under the Prior Agreement shall remain unaffected by this new Agreement. Upon satisfaction of any such rights or obligations, the Prior Agreement shall be of no further validity or effect. 2.2 Being a Party to this Agreement does not by itself assure any Party that Assistance will be provided if, when or as requested. Each Party reserves the sole right to respond or not to respond to requests for Assistance on a case-by-case basis_ By signing this Agreement, each Party thereby agrees that any Assistance which is rccei ved or given upon the request of a Party to this Agreement shall be subject to each and every one of the terms and conditions of this Agreement. 2.3 The Parties own, operate and maintain electric and/or natural gas utility facilities and are engaged in the production, acquisition, transmission, and I or distribution of electricity or natural gas. 2.4 Each of the Parties operates and maintains their respective facilities within accepted industry practices and employs skilled and Qualified personnel to operate, repair and maintain such facilities according to such industry practices. 2.5 It is in the mutual interest of the Parties to be prepared to provide for Emergency repair and restoration to such services, systems and facilities on a reciprocal basis. The purpose of this new Agreement is to provide the procedures under which one Party may request and receive assistance from another Party. This new Agreement is also designed to allow a new Party to join in the Agreement by signing a copy of this Agreement following the giving ofnotice to the existing Parties pursuant to Section 6.3 ofthis Agreement. 2.6 Assistance for labor shortages due to Work Stoppages are beyond the scope ofthis Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants and agreements contained herein, the Parties have mutually agreed effective on the date set forth on the signature page hereof and agree further as follows: SCOW OF ASSISTANCE 3.1 In the event of an Emergencyaffecting the electrical generation, electrical or natural gas transmission, distribution, and/or related facilities owned or controlled by a Party, such Party ("Requesting Party")may request another Party ("Assisting Party") to provide Assistance. `TheAssisting Party shall, in its sole discretion, determine if it shall provide such Assistance. If the Assisting Party determines to provide Assistance. such Assistance shall be provided in accordance with the terms and conditions of this Agreement. 3.2 Requests for Assistance may be made either verbally or in writing by the Authorized Representative of the Requesting Party and shall be directed to the Authorized Representative of the Assisting Party. Authorized Representatives of the Parties are identified in Attachment "B" hereto and shall be updated upon any change in such Authorized Representative. Upon acceptance of a request for Assistance either verbally or in writing, the Assisting Party shall respond with reasonable dispatch to the request in accordance with information and instructions supplied by the Requesting Party. All requests for Assistance shall follow the procedures described in Attachment "V1. The Requesting Party shall also follow the procedures set forth in Attachment" F." for Deactivation of Assistance. 3.3 The Requesting Party shall provide the Assisting Party with a description of the work needed to address the Emergency, with the most urgent needs 9105 CUEA Mutual Assistance Agwment 5 1 9/05 CUP,A Mutual Assistance Agreemont for Assistance addressed first. Ifthe request is not based on a lack of resources, such information must be stated inthe request. The Assisting Parry shall use its reasonable efforts to schedule the Assistance in accordance with the Requesting Party'srequest. However, the Assisting Parry reserves the right to recall any and all personnel, material, Equipment, supplies, and/or tools at any time that the Assisting Party determines necessary for its own operations. Any Requesting Parry for whom an Operator Qualification (OQ) Program and/or Drug and Alcohol Program under 49 CFR Parts 192 and 199 respectively, is required should pre-screen the other Parties to this Agreement to determine which Parties have compatible regulatory agency accepted programs and may therefore be contacted for assistance. Parties to this agreement agree to make their programs and related records available for review to assist in the pre- screening. 3.4 The Requesting Parry will provide the name and contact information for the person(s) designated as the Mutual Assistance Liaison(s), the Operations Liaison(s) described in Section 3.18, and person(s) to be designated as supervisory personnel to accompany the crews and Equipment. The Assisting Party will provide the name(s) and contact information for the person(s) designated to be the Mutual Assistance Liaison and the Operations Liaison(s). 3.5 All Reasonable Costs and Expenses associated with the furnishing of Assistance shall be the responsibility of the Requesting Party and deemed to have commenced when the Requesting Party officially authorizes the Assisting Party to proceed with Mobilization ofthe personnel and Equipment necessary to furnish Assistance, and shall be deemed to have terminated after Demobilization when the transportation of Assisting Party personnel and Equipment returns to the work headquarters, individual district office, or home (to which such personnel are assigned for personnel returning at other than regular working hours) is completed. For the purposes of this Agreement, a Requesting Party shall be deemed to have authorized the Assisting Party to proceed with Mobilization when the Requesting Party signs and submits a formal request to the Assisting Party, in a form substantially similar to that included as Attachment' "'. If written infomation cannot be furnished, a verbal confirmation will be acceptable, with a written confirmation to follow within 24 hours. The Parties hereto agree that costs arising out of inquiries as to the availability of personnel, material, Equipment, supplies and/or tools or any other matter made by one party to another prior to the Requesting Party authorizing the Assisting Parry to proceed with Mobilization, as set forth in this Section 3.5. will not be charged to the potentially Requesting Party. 16 For purposes of this Agreement, the term "Reasonable Costs or Expenses" shall be defined to mean those costs, expenses, charges, or outlays paid or incurred by an Assisting Party in any approved phase of rendering Assistance to a Requesting Parry pursuant to the provisions of this Agreement. Reasonable Costs or Expenses shall he deemed to include those costs and/or expenses that cue appropriate and not excessive; under the circumstances prevailing & the time the cost or expense is paid or incurred. Reasonable Costs or Expenses may include, but arc not limited to, direct operating expenses such as wages, materials and supplies, transportation. fuel, utilities, housing or shelter, food, communications, and reasonable incidental expenses. as well as indirect expenses and overhead costs such as payroll additives, taxes, insurance, depreciation, and administrative and general expenses. Notwithstanding the above. any such Reasonable Costs or Expenses shall continue to be subject to the provisions of Section 5 of this Agreement regarding Audit and Arbitration. 3.7 The Assisting Party and Requesting Parry shall mutually agree upon and make all arrangements for the preparation and actual Mobilization of personnel, material, Equipment, supplies and/or tools to the Requesting Patty's work arca and the return (i.e. DtmQ>N4ization) of such personnel, material, Equipment, supplies and/or tools tDthe Assisting Parry's work area. The Requesting Parry shall be responsible for all Reasonable Costs or Expenses incurred by the Assisting Party for Mobilization and/or Demobilization, notwithstanding any early termination of such assistance by the Requesting Party. 3.8 Unless otherwise agreed upon in writing, the Requesting Party shall he responsible forproviding food and lodging for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. The food and housing provided shall be subject to the approval of the supervisory personnel of the Assisting Parry. 3.9 If requested by the Assisting Party, the Requesting Party, at its own cost, shall make or cause to be made all reasonable repairs to the Assisting Parry's Equipment, necessary to maintain such Equipment safe and operational, while the Equipment is in transit or being used in providing Assistance. However, the Requesting Party shall not be liable for cost of repair required by the gross negligence, bad faith or willful acts or misconduct of the Assisting Parry. 3.10 Unless otherwise agreed the Requesting Parry shall provide fuels and other supplies needed for operation of the Assisting Parry's vehicles and Equipment being used in providing Assistance. I 9105 CUEA Mutual Assistance Agreement 9105 CUEA Mutual Assistance Agreement 7 111 Unless otherwise agreed to by the Parties. the Requesting Party shall provide field communications Equipment and instructions for the Assisting Party's use. The Assisting Party shall exercise due care in use of the Equipment and return the Equipment to the Requesting Party at the lime of departure in like condition; provided, however, if repairs are necessary the Requesting Party tall be financially responsible unless such repairs are necessitated by the gross negligence, bad faith or willful acts or misconduct ofthe Assisting Party. 3.12 Employees of the Assisting Party shall at all times continue to be employees ofthe Assisting Party, and such employees shall at no time and for no purpose be deemed to be employees ofthe Requesting Party. 3.13 Wages, hours and other terms and conditions of employment applicable to personnel provided by the Assisting Party. shall continue to be those ofthe Assisting Party. 3.14 If the Assisting Party provides a crew or crews, it shall assign supervisory personnel as deemed necessary by the Assisting Parry: who shall be directly in charge ofthe crew or crews providing Assistance. 3.15 All time sheets, Equipment and work records pertaining to personnel, material, vehicles, Equipment, supplies and/or tools provided by the Assisting Party shall be kept by the Assisting Party for invoicing and auditing purposes as provided in this Agreement. 3.16 No Party shall be deemed the employee, agent representative. partner or the co -venturer of another Party or the other Parties in the performance of activities undertaken pursuant to this Agreement. 3-17 The Parties shall. in good faith, attempt to resolve any di fferences in work rules and other requirements affecting the performance ofthe Parties' obligations pursuant to this Agreement, 3.18 The Requesting Party and Assisting Party shall each provide an Operations Liaison to assist with operations, personnel and crew safety. These individuals shall be the link between the Parties and keep the crews apprised of safety, operational, and communication issues. 3.19 All work performed by the Parties under this Agreement shall conform to all applicable Laws and Good Utility Practices. 3.20 All workers pertorming work under this Agreement shall follow their own employer's established safety and other operation rules. Each Parry will use its best reasonable effort to respect the safety and work practices ofthe other Pat1;r, and will at all times cooperate in the interest ofthe safety of hot]) Parties. Where it is not possible for both Panics to safely and independently follow their own safety and work practices, field personnel will discuss and mutually agree upon the safety and work practices for both Parties for the particular work at issue 4. PAYMENT 4-1 The Requesting Parry shall reimburse the Assisting Party for all Reasonable Costs and Expenses that are appropriate and not excessive. under the circumstances prevailing at the time the cost or expense is paid or incurred by the Assisting Parry as a result offumishing Assistance. Such costs and expenses shall include, but not he limited to, the following: (a) Employees' wages and salaries for paid time spent in Requesting Parry's service area and paid time during travel to and from such service area, plus the Assisting Party's standardpayroll additives to cover all employee benefits and allowances for vacation, sick leave, holiday pay, retirement benefits, all payroll taxes, workers' compensation, employer's liability insurance, administrative and general expenses, and other benefits imposed by applicable law or regulation. (b) Employee travel and living expenses (meals, lodging, and reasonable incidentals). (c) Cost of Equipment, materials, supplies and tools at daily or hourly rate, including their normally applied overhead costs inclusive of taxes, insurance, depreciation, and administrative expenses. Cost to replace or repair Equipment, materials, supplies, and tools (hereinafter collectively referred to as the "Equipment", which are expended. used, damaged, or stolen while the Equipment is being used in providing Assistance; provided, however, the Requesting Parry's financial obligation underthis Section 4.1 (c): (i) shall not apply to any damage or loss resulting from the gross negligence, bad faith or willful misconduct ofthe Assisting Parry, and (ii) shall only apply in excess of, and not contribute with, any valid and collectible property insurance which applies to such damage or loss. (d) Cost of vchicles provided by Assisting Parry for performing Assistance at daily or hourly rate, including normally applied overhead costs inclusive of taxes, insurance, depreciation, and administrative expenses. Cost to repair or replace vehicles which arc damaged or stolen while the vehicles are used in providing 9105 CUEA Mutual AssictanceAgreement 9 I 9/05 CUEAMutual Assistance Agreement Assistance; provided, however, that Requesting Party'sfinancial obligation under this Section 4.1 (d): (i) shall not apply to any damage or loss resulting from the gross negligence, bad faith or willful misconduct of the Assisting Party, and (ii) shall only apply 1 n excess of, and not contribute with, any valid and collectible first - parry physical damage insurance which applies to such loss. (c) Administrative and general costs which are properly allocable to the Assistance to the extent such costs are not chargeable pursuant to the foregoing subsections. (t) Overtime costs incurred by the Assisting Party in their service territory as a result of Assistance provided to the Requesting Party, 4.2 Unless otherwise mutually agreed to, the Assisting Parry shall invoice the Requesting Parry at the address designated on Attachment "B" for all Reasonable Costs and Expenses of the Assisting Parry in one invoice. Jf the Assistance extends beyond a thirty (30) day period. invoicing can occur monthly unless otherwise agreed upon in writing. The Assisting Parry shall provide the invoice in substantially the form set forth in Attachment "U 4.3 The- Requesting Parry shall pay such invoice in full Within sixty (60) days of receipt of the invoice, and shall send payment to the Assisting Parry at the address listed in Attachment `B" unless otherwise agreed to in writing. 4A Delinquent payment of invoices shall accrue interest at a rate oftwelve percent (12%) per year prorated by days until such invoices arc paid in full. AUDIT AND ARBITRATION 5.1 A Requesting Party has the right to designate its own qualified employee representative(s) or its contracted representative(s) with a management/accounting faun who shall have the right to audit and to examine any cost, payment, settlement, or supporting documentation relating to any invoice submitted to the Requesting Party pursuant to this Agreement. 5.2 A request for audit shall not affect the obligation of the Requesting Parry to pay amounts due as required herein. Any such audit(s) shall be undertaken by the Requesting Parry or its representative(s) upon notice to the Assisting Parry at reasonable times in conformance with generally accepted auditing standards. The Assisting Parry agrees to reasonably cooperate with any such audit(s). 5.3 This right to audit shall extend for a period oftwo (2) years following the receipt by Requesting Parry al' invoices for all Reasonable Costs and Expenses. 'fhe Assisting Party agrees to retain all necessary records/documentation for the said two-year period, and the entire length of this audit, in accordance with its normal business procedures. 5.4 The Assisting Parry shall be notified by the Requesting Parry, in writing, of any exception taken as a result of the audit. In the event of a disagreement between the Requesting Party and the Assisting Party over audit exceptions, the Parties agree to use good faith efforts to resolve their differences through negotiation. 5.5 If ninety (90) days or more have passed since the notice of audit exception was received by the Assisting Party, and the Parties have failed to resolve their differences, the Parties agree to submit any unresolved dispute to binding arbitration before an impartial member of an unaffiliated managementdaccounting firm. Arbitration shall be governed by the laws o f the State of California. Each Party to an arbitration will bear its own costs, and the expenses o the arbitrator shall be shared equally by the Parties to the dispute. TERM AND TERMINATION 6.1 This Agreement shall be effective on the date of execution by at least two Parties hereto and shall continue in effect indefinitely, except as otherwise provided herein. Any Party may withdraw its participation at any time after the effective date with thirty (30) days prior written notice to all other Parties. 6.2 As ofthc effective date of any withdrawal, the withdrawing Parry shall have no further rights or obligations under this Agreement except the right to collect money owed to such Parry, the obligation to pay amounts due to other Parties, and the rights and obligations pursuant to Section 5 and Section 7 of this Agreement. 6.3 Notwithstanding Section 12, additional parties may be added to the Agreement, without amendment, provided that thirty 30 days notice is given to all Parties and that any new Party agrees to be bound by the terms and conditions of this Agreement by executing a copy of the same which shall he deemed an original and constitute the same agreement executed by 9105 CUEA Mutual Amstance Agreement I 1 1 9105 CUEA Mutual Assistance Agreement the Parties. The addition or withdrawal of any Party to this Agreement shall not change the status of the Agreement among the remaining Parties. LIABILITY 7.1 Except as otherwise specifically provided by Section 4.1 and Section 7.2 herein, to the extent permitted by law and without restricting the immunities of any Parry, the Kcquesting Parry shall defend, indemnify and hold harmless the Assisting Party, its directors, officers. agents, employees, successors and assigns from and against any and all liability, damages, losses, claims, demands actions, causes of action. and costs including reasonable attorneys' fees and expenses, resulting from the death or injury to any person or damage to any property, which results from the furnishing of Assistance by the Assisting Parry, unless such death or injury to person, or damage to property, is caused by the gross negligence or willful misconduct of the Assisting Party. 7.2 Each Party shall bear the total cost of discharging all liability arising duringthc performance of Assistance by one Party to the other (including costs and expenses for reasonable attomeys`fees and other costs of defending, settling, or otherwise administering claims) which results from workers' compensation claims or employers`liability claims brought by its own employees. Each Parry agrees to waive, on it own behalf, and on behalf of its insurers, any subrogation rights for benefits or compensation paid to such Party's employees for such claims. 7.3 In the event any claim or demand is made, or suit or action is filed, against the Assisting Parry, alleging liability forwhich the Requesting Parry shall indemnify and hold harmless the Assisting Party, Assisting Parry shall notify the Requesting Parry thereof, and the Requesting Parry, at its sole cost and expense, shall settle, compromise or defend the same in such manner as it, in its sole discretion, deems necessary or prudent. However, Requesting Parry shall consult with Assisting Parry during the pendency of all such claims or demands, and shall advise Assisting Parry of Requesting Party's intent to settle any such claim or demand. The Parry requesting indemnification should notify the other Parry in writing of that request. 7.4 The Equipment which the Assisting Parry shall provide to the Requesting Parry pursuant to Section 3 above, is accepted by the Requesting Parry in an "as is" condition, and the Assisting Patty makes no representations or warranties as to the condition, suitability for usc, freedom from defect or otherwise of such Equipment. Requesting Parry shall utilize the Equipment at its own risk. Requesting Party shall. at its sole cost and expense, defend, indemnify and hold harmless Assisting Party, its directors, officers, agents, employees. successors and assigns, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including reasonable attorneys' fees and expenses, resulting from the death or injury to any person or damage to any property, arising out of the utilization of the Equipment by or for the Requesting Parry, or its employees, agents, or representatives, unless such death, injury, or damage is caused by the gross negligence, bad faith or v,611 ful misconduct of the Assisting Party. 7.5 No Party shall be liable to another Party for any incidental, indirect, or consequential damages, including, but not limited to, under -utilization of labor and facilities, loss of revenue or anticipated profits, or claims of customers arising out of supplying electric or natural gas service, resulting from performance or nonperformance of the obligations under this Agreement. 7.6 Nothing in Section 7, Liability, or elsewhere in this Agreement. shall be construed to make the Requesting Party liable to the Assisting Party for any liability for death, injury, or property damage arising out of the ownership, use, or maintenance of any watercraft (over I7 feet in length) or aircraft which is supplied by or provided by the Assisting Parry. it shall be the responsibility of the Assisting Party to carry liability and hull insurance on such aircraft and watercraft as it sees fit. Also, during periods ofoperation of watercraft (over 17 feet in length) or aircraft in a situation covered by this Agreement, the Parry which is the owner/lessee of such aircraft or watercraft shall use its best efforts to have the other Parties to this Agreement named as additional insures on such liability coverage. GOVERNINGLAW 'I his Agreement shall be interpreted, governed and construed by and under the laws of the Slate of California as ifexecuted and to be performed wholly within the State of California. AUTHORIZED REPRESENTATIVE The Parties shall, within thirty 30 days following execution of this Agreement, appoint Authorized Representatives and Alternate Authorized Kepresentatives. and exchange all such information as pmvidcd in Attachment "B". Such information shall be updated by each Parry prior to January 1 st of each year that taus Agreement remains in effect, or within 3 0 days of any change in Authorized Representative or Alternate Representative. 9105 CUEA Mutual Assistance Agreement t r I 9105 C11EA Mutual Assistance Agreement The Authorized Representatives or the Alternate Authorized Representatives shall have the authority to request and provide Assistance 10. ASSIGNMENT OF AGREEMENT No Party may assign this Agreement, or any interest herein, to a third party, without the written consent ofthe ocher Parties. 11. WAIVERS OF AGREEMENT Failure of a P ty to enforce any provision of this Agreement, or to require performance by the other Parties of any of the provisions hereof, shall not be construed to waive such provision, nor to affect the validity ofthis Agreement or any part thereof, or the right of such Parties to thereafter enforce each and every provision. This Agreement may not be altered or amended, except by a written document signed by all Parties. 12. F,NTIRE AGREEMENT T h 1 s Agreement and the Exhibits referenced in or attached to this Agreement constitute the entire agreement between the Parties concerning the subject matter ofthe Agreement. It supercedes and takes the place of all conversations the Parties may have had, or documents the Parties may have exchanged, with regard to the subject matter, including the Prior Agreement. 13. AMENDMENT No changes to this Agreement other than the addition of new Parties shall be effective unless such changes are made by an amendment in writing, signed by each of the Parties hereto. A new Party may be added to this Agreement upon the giving of 30 days notice to the existing Parties and upon the new Party's signing a copy ofthis Agreement as in effect upon the date the new Party agrees to be bound by each and every one of the Agreement's terms and conditions. 14. NOTJCES All communications between the Patties relating to the provisions of tris Agreement shall be addressed to the Authorized Representatives ofthe Parties, or in their absence, to the Alternate Authorized Representative as identified in Attachment "B". Communications shall be in writing, and shall be deemed given if made or sent by e-mail with confirmation ofreceipt by reply email, confirmed Fax, personal delivery, or registered or certified mail postage prepaid. Each Party reserves the right to change the names of those individuals identified in Attachment "B" applicable to that Party, and shall notify each of the other Parties of such change in writing. All Parties shall keep the California Utilities Emergency Association informed ofthe information contained in Attachment "B" and reply to all reasonable requests of such association for information regarding the administration ofthis Agreement. 15. GENERAL AUTHORITY Each Party hereby represents and warrants to the other Parties that as ofthe date this Agreement is executed by the Parties: (i) the execution, delivery and performance ofthis Agreement have been duly authorized by all necessary action on its part and it has duly and validly executed and delivered this Agreement: (ii) the execution, delivery and performance of this Agreement does not violate its charter, by-laws or any law or regulation by which it is hound or governed and (iii) this Agreement constitutes a legal. valid and binding obligation of such Party enforceable against it in accordance with the terms hereof, except to the extent such enforceability may be limited by bankruptcy, insolvency, reorganization of creditors` rights generally and by general equitable principles. 16. AITACHMENTS 9105 CUEA Mutual Assistance Agreement Is I 9los The following attachments to this Agreement are incorporated herein by this reference: Attachment A Parties to the Agreement; Attachment B Kames and Address of Authorized Represcntative(s)/Invoicing; Attachment C Custodianship of Agreement; Attachment D Procedures for Requesting and Providing Assistance, Attachment E Procedures for Deactivation of Assistance; Attachment F Request for Assistance Letter: Attachment G Invoice. CUEA Mutual Assistance Agreement 16_ SIGNATURE CLAUSE This Agreement may be exccutedin any number of counterparts, each of which shall be an original,but all ofwhich togethershall cooslitute one and the same agreemcnt. IN WITNFSS WHEREOF, the Parties have caused this Agreement to be executed by Oreir respective duly authorized officers as ofthe dattes set forth helow. Company Name: --C—i-ty O f . L.O di.... Signatureof Officer: Title of Officer: City Manager Date Executed: August 21, 2008 9105 CUFIA Mutual Assistance Agreement ATTACHMENT A Parties To The Mutual Assistance Agreement The Parties to this Agreement are: • Anza ElectricCooperative, Inc., member -owned • Southern California Water Companydoing business as Bear Valley Electric Serdee, a Californiaeorporation • Lassen Municipal UtilityDistrict,amunicipal utility formed undcrthe laws ofthe State of California • Modesto Irrigation District,an irrigation district organized under the laws ofthe State of California • Pacific Gas & Electric Company, a California corporation ■ Plumas-Sierra Rural Electric Cooperative. amcmbc;r-owned non-pmRt California corporation • Sacramento Municipal Utility District, a municipalmility district organized under the laws ofthe State of California • San Diego Gas &, Electric Company, a Californiaeorporation • Sierra Pacific Power Company, a Nevada corporation • Southern California Edison Company, a Californiacorporation • The City of Anaheim, a municipal corporation ofthe State of California • The City ofHealdsburg, a municipal corporation ofthe State ofCaliforma • The City of Los Angeles Department of Water and Power • The City of Palo Alto, a municipal corporation ofthe State of California • The City of Redding, a municipal corporation ofthe State of California • The City of Riverside, a municipal corporationof the Slateof California • The City of Roseville, a municipal corporation ofthe State ofCalif tmia • The City ofSanta Clara, a municipal corporation ofthe State of CaJi fornia, dba Silicon Valley Power • The City of Shasta Lake • Truckee -Donner Public Utility District, a public utility district organized under the laws of tate State of California. 9/05 CUF.A Mutual Assistance Agreement A-1 ATTACHMENTB Names andAddress ojAuthorized Represeniative(s)/Invoicing Date August 21, 2008 NameofUtility Mailing Address .0 Lane City, State, Zip to Call for Emergency Assistance: Phone Name KenLKWe Q eleekf;C. Cu Title ASSI S t Address �$I e E-Mail -- Pager No. Day Phone ffi:: -Night Phone---n---------i 2 FAX - — - $ CellularPhow-SamP.. 1?ISPATCH CENTER W ITH 24-HOUR TELEPHONE ANSWERING Name U t x 1 i t D i-94 ,a t r It _ Title _ ratOY Address Phone —, ame - - Radio Frequency_,,,___._ FAX _..,., 209— 39--O 54 �. --- INV OICINGIPAYMF.NT ADDRESS Name of Utility -_ C i t y o f I.O d i Department of Utility _F l e r• t- r i r Invoicing/Payment Address �` � City, state, 7.ip — Teleplwae No. FAX Z119-333-09 - CUEA Mutual Assistance: Agreement A-2 ATTACHMENT C Custodianship &Agreement Responsibilitiesofthe California Utilities EmergencyAssociation`s Mutual Assistance Agreement (Electric) Custodian are: A. Requestall Parties provide an annual update ofthe Authorized Reprasentative and Alternate Authorizcd Representative, as identified in Attachment "B". no later than December 15 of each year. B. Distributeannual update of Attachment "B" no later than January 15 of eachyear C. Coordinate and facilitate meetingsoftheparties tothe Agreement, asnecessary, to include an after action reviewofrecenl mutual assistanceactivations and document changesrequested by any party to the Agreement. An annual meeting will also be held to review general mutual assistance issues. D. Assist and guide utilities interested in becoming a party to the Agreement by providing copy of the existing Agreement for their review and signature. F. Facilitate any necessary reviews ofthe Agreement. 9/05 CUF.A Mutual AssistanceAgmement A-3 A. B. ATTACHMENT D Proceduresfor Requesting and ProvidingAssistance The Requesting Party shall include the following information, as available in its request for Assistance: A.1 A brief description of the Emergency creating the reed for the Assistance; A.2 A general description ofthc damage sustained by tte Requesting Parry, including the part of the electrical or natural gas system. e.g., generation, transmission, substation, or distribution, affected by the Emergency; A.3 The number and tH)eofpersonnel. Equipment, materials and supplies needed, A.4 A reasonable estimate of the length of time that the Assistance will be needed; A.5 The name of individuals employed by the Requesting Parry who will coordinate the Assistance; A.6 A specific time and place for the designated representative of the Requesting Parry to meet the personnel and Equipment being provided by the Assisting Party; A.7 Type of fuel available (gasoline, propane or diesel) to operate Equipment; A.8 Availability of food and lodging for personnel provided by the Assisting Parry; and A.9 Current weather conditions and weather forecast forthe following twenty-four hours or longer. The Assisting Parry, in response to a request for Assistance, shall provide the following information, as available, to the. Requesting Party: B.1 Thename(s) ofdesignated representative(s) to be available to coordinate Assistance; B.2 The number and type of crews and Equipment available to be furnished; B.3 Materials available to be furnished; R.4 An estimate of the Iength of time that personnel and Equipment will be available; B.5 The name of the person(s) to be designated as supervisory personnel to accompany the crews and Equipment; and B.6 When and where Assistance will be provided, giving consideration to the request set forth in section A.6. above. ATTACHMENT E Procedures for Deactivation cfAssistance A. The Requesting Patty shall, as appropriate, include the following in their Deactivation: A. t Number of crews returning and, if not all crews arc returning, expected return date of remaining crews. A.2 Notification to the Assisting Party of the time crews will be departing. A.3 Information on whether crews have been rested prior to their release or status of crew rest periods. A.4 Current weather and travel conditions along with suggested routing for the Assisting ii9x�is return. B. The Assisting Parry shall, as appropriate, include the following in their Deactivation: B.1 Return of any Equipment, material, or supplies, provided by the Requesting Party. B.2 Provide any information that maybe of value to the Requesting Party in their critique of response efforts. B.3 N,stimation as to when invoice will be available. B.4 Invoice to include detail under headings such as labor charges (including hours) by normal time and overtime, payroll taxes, overheads, material, vehicle costs, fuel costs, Equipment rental, telephone charges, administrative costs, employee expenses. and any other significant costs incurred. B.5 Retention of documentation as specified in Section 5.3 of the Mutual Assistance Agreement. B.6 Confirmation that all information pertaining to the building, modification, or other corrective actions taken by the Assisting Party have been appropriately communicated to the Requesting Party. 9105 CUEA MutualAssistmee Agreement A-4 1 9105 CUEA Mutual Assistance Agreement A-5 ATTACHMENT F Letter Requesting Assistance Date Assisting Party Name Assisting Party Address In recognition of the personnel, material, Equipment, supplies and/or tools being sent to us by [name of Assisting Party] in response to a request for mutual assistance made by [Requesting Party] on [date of request], we agree to be bound by the principles noted in the California Utilities Emergency Association Mutual Assistance Agreement (Electric and Natural Gas). (Brief Statement of Assistance Required) [Requesting Party Name] [Authorized Representative o f Requesting Party]. Si nature of Authorized Renresentative ofReaueslina Partvl 9105 CUEA Mutual Assistance Agreement A-6 ATTACHMENT G SUPPLEMENTAL INVOICE INFORMATION Sections 4 and 5 of this Mutual Assistance Agreement provide for the accumulation of costs incurred by the Assisting Party to be billed to the Requesting RWY for Assistance provided. Each utility company has their own accounts receivable or other business enterprise system that generates their hilling invoices. Generally these invoices do not provide for a breakdown of costs that delineate labor hours, transportation costs, or other expenses incurred in travel to and from the. Assistance, or the subsequent repair of equipment that may be necessary. This attachment provides guidelines, format and explanations ofthe types of cost breakdown, and supportive information and documentation that are important to accompany the invoice for providing of mutual assistance. It is intended to provide sufficient information to the Requesting Party at the time of invoice to minimize an exchange ofdetail information requests that may delay the payment of the invoice. This information in no way eliminates the requesting Party's ability to audit the information or request additional cost detail or documentation. Supplemental Invoice Information is a recommendation and not a requirement. The form is available electronically from the Agreement Custodian. 9/05 CUEA Mutual Assistance Agreement A-7 Phone: Attention: 5 Phone. Attention. 6 Name or Desenpttonof Event Location of Assistance or Event Assistance/ Billing Period From 7 To A ._____ _Dole aratstariu PcraPieo __powcanrorvyum Cmoiae: LABOR f: Employee Wages ;n +salary while atRPSemice Area 9 Labor. Hours Wages Additives Straight rime, Overtime LABOR 1 SubfoNl.' and Premiums: LABOR 2., Employee Wages atw Salary whife traveling to and Oom RP Service Area 10 Labor: Hours Wages Addtives Straight Time, Ovanime L.490R2SubtMi. and Pramluma: LABOR 3: Employee Wage.; end Sslary of service and support personnel not traveling to RP Service Area 11 Labor: Hous Wages Additives straght Time, Ovonlme tA9OR J Subso W: and Premiums LABOR 4: Overtime Wages and Salary Incurred In AP Sorvice Area as a Result of Assistance 12 Labor: Hours Wages Additives Overtime and L4e0R4S1mp9.h Pramlums LABOR TOTAL TOTAL Wages, Safari" and Payro# Additives: MATERIAL$: Cost ormefedas, supptm., tools, and repair or reptacoment of non -neat, equipment used in assistance 13 MATERIALS TOTAL TOTALMatedals, Equipmen4 sic. and Additives: TRANSPORTATION: Cost tit vehicles endequipmont including pens and mpmrs mrd Additives RbWages) Fleet Costs: (Houdyor use Chenle for vehicles and equipment and additives) 14 RepalrCOsts: (Cost ofrepair Cr 1,Vscemsnt W vehicles and equipment, excluding labor) Z4 TRANSPORTATION TOTAL TOTAL Vehicles, Equlpmenl, efe. andAddltives: EXPENSE: Cost offransporting employees end equipment, to and from RP's Service area, and living expenses not provided by RP Transportation Expense: Cost Ire fronspod vehicles and equipment(Oeet) to and from RP Service Area 16 Travel Expense. Cost to transport personnei, aiders etc.,(non-deet epuotools) to and from RP Serv/ce Arae 17 Living Expense Cost of meats. a,dging and lnc9danlsls not provided by RP or;ncurred during travel 79 Meals: Lodging: Incidentals. EXPENSE TOTAL TOTAL Treasporfa6on, TrmW and uwng aM Add/tives: ADMINISTRATIVE& GYRAL C9STS: Coe pmpody allocable tothe Assistance and not charged M above sections 19 ADMINISTRATIVE& GENERAL TOTAL TOTAL Administrative 643eneral: 9105 CU EA Mutual Assistance Agreement A-8 All costs and expenses of Assisting Company and. summarized m rids Invoice. Pay This Amount: (A Form, W-9, Request for Taxpayer idantification Number and Cettlkotion, hes been included with It is invoice ) 20 9/05 C U EA Mutual Assistance Agreement A-9 �. CUEA MU rUAL ASSISTANCE AGREEMENT (ELECTRIC —NATURAL GAS) SDPPLEMENTAL INVOICE INFORMATION This supplementallnvoics information detail is submitted pursuant to Sections 4 0and 60 of tho CUEA, Mutual Assistance Agreement for Electric and Natural Gas, for assistance provided {RP =Requesting Party AP =Assisting Pang) AP Invoice Date RP PurchaseOrder# 1 AP Invoice# RP ReferenceorW/O# 2 Bill To 3Remit To 4 (Aeq ..' 4 (A ..e 1.11) Address Address Phone: Attention: 5 Phone. Attention. 6 Name or Desenpttonof Event Location of Assistance or Event Assistance/ Billing Period From 7 To A ._____ _Dole aratstariu PcraPieo __powcanrorvyum Cmoiae: LABOR f: Employee Wages ;n +salary while atRPSemice Area 9 Labor. Hours Wages Additives Straight rime, Overtime LABOR 1 SubfoNl.' and Premiums: LABOR 2., Employee Wages atw Salary whife traveling to and Oom RP Service Area 10 Labor: Hours Wages Addtives Straight Time, Ovanime L.490R2SubtMi. and Pramluma: LABOR 3: Employee Wage.; end Sslary of service and support personnel not traveling to RP Service Area 11 Labor: Hous Wages Additives straght Time, Ovonlme tA9OR J Subso W: and Premiums LABOR 4: Overtime Wages and Salary Incurred In AP Sorvice Area as a Result of Assistance 12 Labor: Hours Wages Additives Overtime and L4e0R4S1mp9.h Pramlums LABOR TOTAL TOTAL Wages, Safari" and Payro# Additives: MATERIAL$: Cost ormefedas, supptm., tools, and repair or reptacoment of non -neat, equipment used in assistance 13 MATERIALS TOTAL TOTALMatedals, Equipmen4 sic. and Additives: TRANSPORTATION: Cost tit vehicles endequipmont including pens and mpmrs mrd Additives RbWages) Fleet Costs: (Houdyor use Chenle for vehicles and equipment and additives) 14 RepalrCOsts: (Cost ofrepair Cr 1,Vscemsnt W vehicles and equipment, excluding labor) Z4 TRANSPORTATION TOTAL TOTAL Vehicles, Equlpmenl, efe. andAddltives: EXPENSE: Cost offransporting employees end equipment, to and from RP's Service area, and living expenses not provided by RP Transportation Expense: Cost Ire fronspod vehicles and equipment(Oeet) to and from RP Service Area 16 Travel Expense. Cost to transport personnei, aiders etc.,(non-deet epuotools) to and from RP Serv/ce Arae 17 Living Expense Cost of meats. a,dging and lnc9danlsls not provided by RP or;ncurred during travel 79 Meals: Lodging: Incidentals. EXPENSE TOTAL TOTAL Treasporfa6on, TrmW and uwng aM Add/tives: ADMINISTRATIVE& GYRAL C9STS: Coe pmpody allocable tothe Assistance and not charged M above sections 19 ADMINISTRATIVE& GENERAL TOTAL TOTAL Administrative 643eneral: 9105 CU EA Mutual Assistance Agreement A-8 All costs and expenses of Assisting Company and. summarized m rids Invoice. Pay This Amount: (A Form, W-9, Request for Taxpayer idantification Number and Cettlkotion, hes been included with It is invoice ) 20 9/05 C U EA Mutual Assistance Agreement A-9 Instructions and Explanations `Thisinformation provides a breakdown of costs incurred in the providing o C assistance, and is intended to provide sufficient details to allow Requesting Party to expedite payment by minimizing requests for detailed information. 'Chis detailed breakdown, and supportive documentation, should supplement the remittance invoice normally generated by the utility's business enterprise or accounts receivable systems. Reference Section Explanations: (Numb n a ¢ vood en cc,fons o� erc«ams uve cmrnia inaofm t As ts) ) (Infomrarin.. in parentheses and im(/es are f— .1h, relayed s 1— fd. CUEA MA.4) I If Requesting Company has designated a Purchase Order to be used for this remittance, provide the PO number in this space. 2 if Requesting Company has designated a Work Order or Tracking number to be used for this remittance, provide the number here. 3 This "Bill To" address is designated by the Requesting Parry and may he the same as the Billing / Payment Address as it appears on the Assisting Company's "Attachment B" of the Agreement. (Sec. 4.2) 4 This "Remittance Address" is the address specified on the Assisting Company's Primary Invoice. 5 The person identified in Billing / Payment section of Requesting Party's"Attachment B", or Authorized Representative, or the Requesting Party's designated Mutual Assistance Coordinator 6 The person identified in Willing / Payment section ofRcqucsting Parry's "Attachment B", or Authorized Representative, or the Assisting Parry's designated Mutual Assistance Coordinator 7 The date the assistance was agreed to commence. (Sec:. 3.2) 8 The date the assistance demobilization i s complete. (Sec. 3.7) (Note;subsequent repair or replacement costs incurred by the AP may be realizedand hilled past this date, as noticed by theAP to the RP in writing.) 9 Labor 1: This total includes ail hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll ofthe Assisting Party. This is for time worked in the Reouestin¢ Party's service area, and does NOT include time or pay for travel to, or from, the Requesting Party'sservicc area. Labor 1 total includes all employees, management and supervision, that physically traveled to the Requesting Party's service area (The numbers am reported as totals for Hours, Wages, and Additives (premiums and additives reported in same total). Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (Sec. 4.1(a)) 10 Labor 2: 'this total includes all hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll ofthc Assisting Parry. This is for time or nav for travel to. or from, the Reauestine Party's service arca, and does NOT include time worked in RP's service area. Labor 2 total includes all employees, management and supervision, that physically traveled to the Requesting Party's service area. (The numbers are reported as totals lbr Hours, Wages, and Additives (premiums and additives reported in same total). Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (&c. 4.1(b)) 9105 CUEA Mutual Assistance Agreement A-10 9105 CUEA Mutual Assistance Ageement A-11 11 Labor 3: This total includes all hourly wages, including straight time, overtime, premium pay and payroll additives that are the normal payroll of the Assisting Parry. This is for time or pay for emplovees, management. or supervision thht is directly attributed to the assistance. but did NOT travel to the Requesting Party's service area, Labor 3 total may include support serf ices in the Assisting party's own service area such as warehouse, fleet, Assistance Liaisons, administrative and coordination personnel. (The numbers are reported as totals for Hours, Wages, and Additives (premiums and additives reported in Same total). (Supportive information such as time sheets, or spreadsheets, that break down the totals reported, is strongly recommended.) (Sec. 4.I) 12 Labor 4: This total includes only overtime pay and additives that are incurred by the Assisting Party For emergency response in the Assisting Party's service area, that is directly attributable to the providing ofassistance. This total requires detailed support information and explanation provided to the Requesting Party prior to the inclusion of costs Fcr assistance. (Sec. 4.1 (J)) 13 Materials: This total includes all non-fleetequipmcnt, tools and supplies, provided by Assisting Party'swarehouse or other supplier that was used, consumed, cr has normally applied overhead costs or depreciation, as outlined in the agreement. (Sec. 4.1 (C) 14 Transportation: This total includes the hourly or use charge of vehicles and equipment, and normally applies overheads and additives, for all vehicles and equipment used in the providing of assistance. These are direct "Fleet" costs excluding labor, which is included in Labor totals. (Sec. 4.1 (d)) 15 Transportation: This total includes cost ofreoair or replacement ofvehicles cr equipment used in the providing of assistance, by AP, dealer service, or contracted repairs, including all normally applies overheads and additives. These are direct "Fleet " costs excluding labor, which is included in Labor totals. (Sec. 4.1(d)) 16 Transportation Expense: This total includes only the incurred costs of transporting, by contractor or entity other than the, AP or RP. the fleet vehicles and equipment to RP's service area, and return to AP's home base. (Supportive information such as contract carrier's invoice or trip tickets is recommended.) 17 Travel Expense: These include all costs incurred by AP Tcr the transportation of personnel to and from the RP' s service area. These include airfare, cab fare, rental vehicles, or any other transportation not provided by the KP. It also included the transportation or shipping costs of non• fleet tools or equipment to and from the RP's service area. (Sec. 4.2) 18 Living Expense: This includes all meals, lodging, and incidentals incurred during travel to and from RP's service area. It includes any of these costs incurred while working in the RP's service area that were not provided by the RP. (Sec. 4.1(b)) 19 Administrative and General Costs: This includes all costs that axe allocable to the Assistance, to the extent that they are not included in all the foregoing costs identified in this invoice. (Sec. 4.1(e)) 20 Form W-9, Tax Identification and Certification: This standard tax form should be completed and accompany this form. unless such information has been previously transmitted to the Requesting Company. 9105 CUEA MutualAssistanceAgreement A-12 RESOLUTION NO. 2008-163 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENTS WHEREAS, the City of Lodi Electric Utility may be benefited by requesting or providing aid to other utilities; and WHEREAS, three Mutual Aid Agreements are available to the City of Lodi, as follows: 1 } The first Mutual Aid Agreement is coordinated by the American Public Power Association (APPA), which Agreement is explicit in that aid is not contingent on an emergency or disaster. The Aiding Signatory provides assistance at its discretion upon request of the Requesting Signatory. The Requesting Signatory pays the Aiding Signatory's invoice for labor, equipment, and transportation at the Aiding Signatory's reasonable and customary rates and for meal and lodging expenses at reasonable and actual costs. Parties include Sacramento Municipal Utility District (SMUD), Roseville, Alameda, and Redding. There is no other cost just for entering into the Agreement. 2) The second Mutual Aid Agreement is coordinated by the California Municipal Utilities Association. It is similar to the APPA Agreement with the following key difference: it is intended for use in emergencies (though it does not explicitly bar aid at other times), reimbursement is at cost + 10%, and it has explicit provisions to clarify matters of liability and indemnification. Parties include Alameda, Palo Alto, and Santa Clara. There is no other cost just for entering into the Agreement. 3) The third is a Mutual Aid Agreement of the California Utilities Emergency Association (CUEA) coordinated by the California Office of Emergency Services. It is similar to the APPA Agreement except that requesting aid requires the description of an emergency and the Agreement adds more detail in matters such as liability, arbitration and audit rights. Parties include Pacific Gas & Electric, SMUD, Modesto Irrigation District, Palo Alto, Redding, Roseville, and Santa Clara. The cost to belong to CUEA is currently $4.35/year per million of Operating Revenue, with a $500/year minimum (and $40,000 maximum, that affects PG&E, Southern California Edison, and the like). CUEA also provides certain free training and would provide services to the water and wastewater utilities, as well as electric. WHEREAS, staff recommends authorizing the City Manager to execute all three Mutual Aid Agreements as set forth above; and WHEREAS, staff further recommends that the Electric Utility Director or his/her designee be authorized to administer the agreements in the absence of an emergency or disaster to the constraints of budgets adopted or ratified by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the City Manager or his/her designee to execute the mutual aid agreements as set forth above; and BE IT FURTHER RESOLVED that the Electric Utility Director or his/her designee is hereby authorized to apply for membership on behalf of the City (f Lodi in the CUEA; and BE IT FURTHER RESOLVED that the Electric Utility Director or his/her designee is hereby authorized to administer said agreements, subject, in the absence cf an emergency or disaster, to the constraints of budgets adopted or ratified by the City Council. Dated: August 20, 2008 hereby certify that Resolution No. 2008-163 was passed and adopted by the Lodi City Council of the City of Lodi in a regular meeting held August 20, 2008, by the following vote: AYES: COUNCIL MEMBERS —Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS—None ABSENT COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None HL City Clerk 2008-163