HomeMy WebLinkAbout2011-06-14 - Agendas WATER/SEWER COMMITTEE AGENDA
ayettK-1614 MEETING DATE OF LUNE 14, 2011
THE CITY OF FAYETTEVILLE,ARKANSAS
Committee: Chairperson Sarah Lewis; Aldermen: Adella Gray, Mark Kinion, Justin Tennant
Copy to: Mayor Lioneld Jordan; Sondra Smith, on Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris
Brown, Lynn Hyke, Shannon Jones, P Bell, Will Winn, CH2M Hill, Allison Atha
From: David Jurgens, P. E., Utilities Director
A Fayetteville Water, Sewer and Solid Waste Com i ee eeting will be June 14, 2011, 5:15 PM, following
the City Council Agenda Session, in room 326, Fayett Ile City Hall. Proposed topics include:
1. Ca ital Prolect U date.
Contract Description Contractor Cost % Complete
WL-10a Farmington Gravity Sewer Line Gamey Const $ 1,750,122 100%
EL-3&5 Razorback-Ha Hollow 36/42" Swr Line S J Louis Const $ 5,387,098 100.0%
CIPP 2010 Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 100%
Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 852,976 100%
36"W/L 36"Water Line on Township Seven Valles $ 1,783,720 100%
265 W/S Relocation &36"Wtr Line, Hwy 265 Gamey Const $ 4,989,135 Const Begun
WL-13 Broyles Avenue Gravity Sewer Lines Goodwin&Goodwin $ 845,359 100.0%
WL-14 I Broyles Avenue Sewer Force Mains Redford Const $ 899,626 100.0%
WL-15 Broyles Avenue Sewer Pump Station Seven Valle $ 591,768 100%
13I0-1 Biosolids Solar Drying Dean Crowder $ 4,971,886 97.0%
13I0-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 51.8%
Canterbury 500,000 Gallon Water Tower C B & 1 Inc. $ 1,590,091 95.0%
Canterbury Water Lines& Pump Station Sweetser Const $ 1,057,331 Const Begun
Project is substantially complete, meaning the work can be used to execute its mission.
2. White River Use Attainability Analysis process is well underway. The revised Use Attainability Analysis
plan, incorporating comments, suggestions and requirements from both ADEQ and EPA, was submitted to
both agencies. Both ADEQ and EPA were very prompt in providing suggestions and input. The White River
study will be completed in summer, 2012.
3. Solid Waste Franchise Program Internal Auditors Report is attached. This report demonstrates
weaknesses within our current franchise system. The report lists the following alternatives:
1. Continue the current program; the standard agreement could be rewritten to require lists of
customers, addresses, services provided, and rates with every payment of fees under the agreement. The
information would be subject to the Arkansas Freedom of Information Act. A staff member independent of
the Solid Waste division could be assigned to review the information monthly. Periodically, the staff
member could verify the customer name and address information provided with the fee payment to
containers observed in the City. This would improve, not ensure, accuracy of fee payments. It may also
cause significant issues with the haulers, who generally do not want some of this information available to
the public and potential competition.
2. The City could allow the franchise agreements to lapse and the Solid Waste division could become
the sole provider of these services within the Fayetteville City limits. This would eliminate the concern of
fee payment accuracy. This would also ensure that equipment is maintained and registered, drivers are
appropriately licensed, and risks are minimized through adequate insurance.
3. The City could allow one franchised hauler to operate within the City, this hauler being the sole
authorized hauler, other than the City, for solid waste functions including those specified in the agreement
plus special, medical and hazardous wastes. This hauler would have to be selected through a competitive
request for proposal whereby all haulers are allowed to compete to provide franchise agreement services.
Services would be limited to those specified within the current franchise agreements, plus those services
the City does not currently provide (specifically special, medical, and hazardous wastes). It may also
restrict recycling hauling to customers to which the franchisee is providing solid waste services. The
Water,Sewer and Solid Waste Committee Agenda Page 1 of 17 W&S CommitteeAgenda 147un1 la.doc
WATER/SEWER COMMITTEE AGENDA
MEETING DATE OF JUNE 14, 2011
selected hauler would have to provide documentation of fees that should be paid in a manner to improve
the accuracy of fee payments. Having one hauler would simplify the tracking process for all information
including payments, but would not ensure accuracy of fee payments.
4. ARWARN Mutual Aid Agreement for water and wastewater functions is attached. This updates an existing
utility mutual aid agreement through the Arkansas Rural Water Association executed by resolution 60-00 in
May 2000. The USEPA has developed an initiative whereby there is a national framework and standard
agreement for these services, following the format of similar agreements for other emergency services and
situations. It follows a National Incident Management System (NIMS) model. This agreement updates the
provisions contained within the 2000 ARWA agreement, and identifies operational, logistical, chain of
command, cost tracking, and legal support requirements for the supported and supporting utilities. While
developed for intra-state support, it allows for interstate support when invoked through the states' Department
of Emergency Management (DEM). Thus, any request for aid that Joplin may have made would have passed
through the Missouri DEM to Arkansas DEM. This provides full legal protection and operational understanding
for all parties. Utilities have a long history of providing mutual aid when needed. They often have equipment,
parts, or expertise another utility lacks in an emergency, and can provide quick assistance when customer
service, public health, or environmental security are threatened. These services have always been provided
on a direct cost reimbursement basis. Fayetteville has provided emergency aid to several area utilities
including Springdale, Washington Water Authority, Elkins, West Fork, and others, and has received similar
emergency support from Fort Smith, Springdale, Beaver Water District and others. Customer service and
environmental protection have benefited in every case, and efforts were reimbursed on an at-cost basis. For
small, local support, these decisions have been made at an operational level by the Water/Sewer Maintenance
Manager or the Utilities Director. Large or out-of state requests would require Mayor or Chief of Staff approval.
Staff requests this item be forwarded to the full City Council.
5. Hlahway 265/Crossover Water/Sewer Relocation Easement Condemnations have been filed and orders
of possession acquired. Easements have been acquired from 26 of 29 owners. We are still negotiating. Two
new easements were added with the extension north of Joyce; one of these two has been ac uired.
Perm Temp Temp
TrPerm
acProperty Owner Parcel# Easmnt Easmnt Easement Const Damages Total
ft' k' Easement
8 Muiphy R.&Betty N.Taylor 765-13305-000 6,980 3.365 $22,000 $ 1,500 0 $23,500
10 John David Brown 765-13295-000 22,883 9,603 $23,700 $ 3,500 $ 400 $27,600
Totals 29,863 12,968 $45,700 S 5,000 $ 400 $51,100
6. Solid Waste and Recvclina Lona Ranae Plan, under development by Long Range Planning and Solid
Waste staff, is a new internal project evaluating all aspects of the Solid Waste program including ordinance
updates, capital requirements, recycling expansion, and more. The proposed table of contents is attached.
7. April-May Flood Impacts on Utility Business under
Solid Waste
➢ 110 carts or recycle bins lost, $3,914.78
➢ 43 customers with 7.86 tons provided curb-side (bulk pick up)
➢ 24 customers with 5.97 tons of waste delivery to the Solid Waste facility
➢ 31 customers with 7.51 tons of waste used our special Saturday drop-off
Wastewater Treatment
➢ At peak time, the wastewater treatment plants received a combined of nearly 80 million gallons of
water. Both plants maintained compliance with all our permitted parameters- all water discharged met
all permit requirements. The flow volume did force us to seek ADEQ approval to partially bypass the
West Side WWTP filters for a brief period on April 25.
➢ Total cost for operations and damage repair approximately$426,000
➢ The most significant damages were done to the access roads and the stream bank area near the White
River discharge outfall. The Noland discharge outfall and the outfall stream bank were completely
Water,Sewer and Solidase committee Agenda Page 2 ot 17 W&S CommitteeAgenda 10=1 la.doc
WATER/SEWER COMMITTEE AGENDA
MEETING DATE OF JUNE 14, 2011
submerged during the flood and sustained severe damage. The estimated cost for repairing the outfall
and it's stream bank is $350K.
➢ The White River restoration stream bank lost another 2 ft, which will cause the repair cost to increase
by approximately 10%.
➢ CH2M Hill staff incurred 146 hours of overtime and callout, plus roughly 100 hours of extra hours
worked by the salaried/supervisory staff
➢ Other minor damages at the Hamestring Lift Station, several pump stations, and the Biosolids
Management Site.
➢ The West Side WWTP did not sustain any significant damage.
➢ The lightning at the Hamestring lift station took out the communication system and other electronic
devices. There were several days that our staff had to operate and control flow at Hamestring and
Gregg Avenue lift stations manually.
➢ We reported overflows at three lift stations for April: Hamestring, Gregg Ave., and Owl Creek lift
stations.
Water/Sewer Operations
➢ 12 water breaks due to rain damage
➢ 60 water/sewer creek crossings confirmed damage
➢ 14 sanitary sewer overflows due to April storms
$39,149 in-house labor and vehicle costs during the events and for emergency repairs (excludes follow-
up field investigation and costs of most permanent repairs)
8. Annual Bulky Waste Cleanups pring results are shown below.
Ward Date Electronics" Tons Trash Tons Metal Tons Total Tons
4 3/26/2011 0 42.78 7.37 50.15
1 4/9/2011 0 41.20 5.11 46.31
3 412/2011 0 25.18 5.27 30.45
2 5/14/2011 0 39.76 5.82 45.58
Flood Clean up 5/7/2011 0 5.52 1.17 6.69
2011 Spring Total 0 148.92 24.74 173.66
2010 SDrina Total 0 166.40 35.40 201.80
2009 Spring Total 7.76 83.57 28.00 119.33
2008 Spring Total 8.32 120.33 25.95 154.60
2007 Spring Total 8.26 156.41 59.62 216.03
2006 S rin Total 10.18 156.75 64.51 231.44
2005 S rin Total 0 191.27 54.15 246.19
Electronics were not accepted after December 31, 2009 nor before 2006.
9. BWD FY 2012 Rate Increase. BWD has stated its intent to increase their wholesale water rate from
$1.22/1,000 gallons to $1.24/1,000 gallons, effective October 1, 2011. This is part of their long range financial
plan, which is structured to cover existing expenses as well as increased operational and capital costs due to
the requirement to meet the new disinfection by-produce rule that goes into effect in 2012. This increase is
covered within our rate structure, as we have built in a 3% annual increase effective January 1 of each year.
10. Utilities Related City Council Tours have tentatively been scheduled:
May 16 Noland Wastewater Treatment Plant and Biosolids Management Site
June 6 Westside Wastewater Treatment Plant and Woolsey Prairie
July 18 Solid Waste and Recycling
August 15 Water/Sewer Facility, Tanks, and Pump Stations
11. Water/Sewer Committee Meeting is Tuesday, July 12, 2011, 5:15 p.m., room 326.
Attachments: 3 Solid Waste Franchise Program Internal Auditors Report
4 ARWARN Mutual Aid Agreement
6 Solid Waste and Recycling Long Range Plan Table of Contents
Water,Sewer and Solidase committee Agenda Page 3 ot 17 W&S CommitteeAgenda 14Jml la.doc
aye reLivill e THE CITY OF FAYETTEVILLE,ARKANSAS
S
To: Tony Uth,Jr.,Audit Committee Chairman
Judy M.Jacobs,Audit Committee
Adam K.Motherwell,Audit Committee
Adella Gray,City Council and Audit Committee
Brenda Thiel,City Council
Mark Kinion,City Council
Matthew Petty, City Council
Justin Tennant,City Council
Bobby Ferrell,City Council
Rhonda Adams,City Council
Sarah Lewis,City Council
Paul A.Becker,Finance and Internal Services Director
Marsha Hertweck,Accounting Director
David Jurgens,Utilities Department Director
Terry Gulley,Transportation Services Director
Carrol Hill, Solid Waste and Recycling Manager
Lindsley Smith,Communications,Marketing, and Volunteer Services Director
Kit Williams, City Attorney
Sondra Smith,City Clerk
David Coleman,BKD, LLP
Through: Mayor Lioneld Jordan
Don Marr,Chief of Staff
From: Vicki D.Deaton,Internal Auditor
Tom Hubbard,Capital Projects and Contracts Engineer,assisted with this audit.
Date: 5/17/2011
Subject: Solid Waste Hauler Vendor Audit
Audit Scope:
Title V,Public Works,Chapter 50.29 Private Collectors; Contract With City Required, of the City Code of
Ordinances states:
No person, except a duly authorized agent or employee of the city, shall empty garbage or trash
receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city,
without a written contract with the city.
The first Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville was executed with an
outside vendor in 2004 for a term of 3 years. There is a standard agreement used for all of these type haulers.
The agreement allows the hauler to collect and haul solid waste in roll off style open top or roll off style
compactor containers of at least 20 cubic yards or greater within the City of Fayetteville for a fee of 10%of the
gross revenues of the services. There are currently 5 active haulers in the City. Two of the agreements have
expired,but both the City and the haulers have agreed to continue operating under the original terms while the
City evaluates the continuation of these agreements.
Hauler Agreement Date Ex irationDate
Allied Waste Services 11/6/2008 10/1/2011
Fulton Waste and Sustainability Services 11/6/2008 10/2/2011
Hogeye Manufacturin Co. 12/16/2008 11/17/2011
Rol]Off Service 9/4/2007 9/4/2010
Waste
Management of Arkansas 4/3/2007 4/3/2010
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
Water,Sewer and Solid Waste Committee Agenda Page 4 of 17
The agreements contain a right to audit clause which says:
The City shall have the right to conduct an audit ofHauler's customer files and records for all customers
located within the City,provided that such audit privilege shall be limited to once per calendar quarter. If
such audit reveals the hauler should have paid at least 5%more than reported, the cost of the audit shall
he paid by the Hauler to the City. During such audit, the City may review certain trade secret
information, including rates,frequency of service, customer lists, and other customer information
provided that such trade secret information may not be copied or removed by the City. Nor shall such
information de divulged to any third party by the City, its employees, officers, or elected officials without
the express written consent of the Hauler.
The objective of this audit was to determine each vendor's compliance with the terms of the agreement.
Agreement Requirement 41
According to the standard hauler agreement, in consideration of the right to provide the services described
under this Agreement, Hauler agrees and understands that it shall be required to pay a monthly fee often
(10%)percent(the "Fee') ofthe gross revenue received for all services provided under this Agreement.
Fees are self-reported based on revenues generated from services provided to customers,and it is difficult to
prove accuracy of hauler fee payment to the City. The City does not have information on the placement of
these containers within the City, or the services provided for each customer account,so must rely on each
hauler to accurately report and pay the fees. This audit was performed by driving through town, observing and
listing containers that were seen,then verifying the list to the vendor's payment backup for the audited months.
The vendors were questioned about discrepancies between observed containers and payments to the City,but
again,the City had no information about the services provided to a customer except by relying on the
information the vendor gave during the audit. This method did not ensure that all containers were observed
and accounted for,but it did identify underpayments for 3 of the vendors during the audited months of April
and May 2010. It can be.presumed that more underpayments exist due to unreported containers and/or
unreported services.
Hauler Underpaid Fees
Collected Durin Audit Reason for Underpayment
2 accounts omitted firom City payments,
Allied Waste Services $3,085.10 10/2007 to 6/2010
Fulton Waste and Sustainability Services $0.00 no errors detected
Ho e e Manufacturin Co. $0.00 no errors detected
5 accounts omitted from City payments,
Roll Off Service $6,064.12 112010 to 8/2010
unknown number of accounts omitted from
Waste Management of Arkansas $25 270 94 City payments,4/2010 to 8/2010
Total Fees Collected During Audit $34,420.16
The vendor errors that led to the underpayments related to how each vendor coded their customer accounts,
inside or outside Fayetteville City limits, usually during the initial account set up process. It was made clear to
the vendors during the audit that their processes need to be corrected so that these errors will not occur in the
future,but there is nothing that the City can do to assure the accuracy of each hauler's internal processes
regarding account set up or customer billing.
Because 3 haulers underpaid the months of April and May 2010 by more than 5%,the following audit costs
were recovered from the haulers.
Audit Cost
Hauler Recover
Allied Waste Services $1,620.47
Waste ManagementofArkansas $1,745.51
Roll Off Service $2.118.19
Total Audit Cost Recovery $5,484.17
Water,Sewer and Solid Waste Committee Agenda Page 5 of 17
Agreement Requirement#2
According to the standard hauler agreement,the supporting information shall be sufficient to demonstrate the
accuracy of the fee calculation, and shall include the following information: (i)Hauler's worksheet
calculating the fees submitted, (ir) a blind list ofpayments receivedfrom customers within the City (iii)such
list shall clearly indicate whether each payment was from a permanent or temporary customer, and(iv) the fee
shall be based upon all activityfrom each customer account within the City, and shall include the normal
billing charges for all free or discounted services(excluding those for non profit organizations) including but
not limited to delivery,pull charges, disposal charges, transportation charges,final pull charges, and return
charges. As specified in the agreement,any documents submitted to the City in relation to this agreement are
subject to the Arkansas Freedom of Information Act.
Both Allied Waste Services and Hogeye Manufacturing Co.submitted 2009 fees to the City without all of the
required supporting information. The City provides a Required Supporting Information Form that can be
completed and remitted by each hauler with their monthly payment of fees. The form was designed by the
Internal Auditor to capture the information required in the agreement. Two of the haulers used the City's
form.
Hauler Fee Support
Allied Waste Services no suuDorting documentation
submitted required supporting information form provided
Fulton Waste and Sustainability Services by City
Ha e e Manufacturing Co. support was list with date,invoice#,and price
support was list with date,acct.,customer#,container
Roll Off Service _ size,P or T,and price
submitted required supporting information form provided
Waste Management of Arkansas by City with a revenue report attached
Even when all required supporting information is provided with a payment,the accuracy of the fee cannot be
determined. Only the accuracy of the fee calculation can be determined based on the information provided by
the hauler. Fayetteville customers and/or services may be omitted from the payment.
The City's Solid Waste division provides these same hauling services to customers in Fayetteville,so is in
competition with the vendors. Because of this and the availability of vendor information remitted to the City
through the Arkansas Freedom of Information Act,the standard agreement was written to provide protection to
the vendors to keep their customer information and rates confidential. The required supporting payment
information and the audit provisions are limited so that the City and others have no unfair advantage in the
marketplace. Currently,payment support is not received by or reviewed by any employee of the Solid Waste
division.
Agreement Requirement#3
According to the standard hauler agreement,Hauler agrees and understands that it shall submit to the City on
an annual basis a list of all commercial vehicles used to provide services in the City,proofofappropriate
vehicle registration, and proof of vehicle insurance.
Prior to the audit,none of the haulers had submitted an up to date list of the required vehicle information for
2010.
2010 2010 2010
List of Vehicle Proof of
Hauler Vehicles Re istration Insurance
Allied Waste Services No No No
Fulton Waste and Sustainability Services No No No
Ho eye Manufacturing Co. No No No
Roll Off Service No No No
Waste Management of Arkansas No No No
Water,Sewer and Solid Waste Committee Agenda Page 6 of 17
Current vehicle information was obtained for all the above vendors during the audit.
Agreement Requirement 44
According to the standard hauler agreement,Hauler agrees and understands that it shall provide a list of
vehicle operators collecting and hauling waste in the City offayetteville, along with proof of their valid and
appropriate commercial drivers'licenses issued by the State of Arkansas.
Prior to the audit,none of the haulers had submitted an up to date list of the required operator information for
2010.
2010 2010
List of Vehicle Proof of
Hauler Operators CDL
EAllied WasteEandvSustainability
ices No No
Fulton Waste Services No No
Ho eye Manufacturing Co. No No
Roll Off Service No No
Waste Management of Arkansas No No
Current vehicle operator information was obtained for all the above vendors during the audit.
Agreement Requirement 45
According to the standard hauler agreement,the Hauler shall provide and maintain certain insurance coverage
during the tern of the agreement. The agreement includes a list of required coverage. In addition,the
comprehensive general liability insurance policy shall contain a clause that the insurer will not cancel or
decrease the insurance coverage without first giving the City 60 days notice in writing. Upon written request,
Hauler shall furnish the City with evidence that the insurance required of it is in force.
Prior to the audit,none of the haulers had submitted an up to date list of all the required insurance information.
Waste Management of Arkansas had provided proof of comprehensive general liability insurance for I/1/10 to
I/l/11.
Requirement for Proof of Insurance Haulers
Allied Fulton
Waste Waste Hogeye Roll Off Waste
Services Services Manu. Services Maw
comprehensive eneral liability-$1,000,000 each occurrence No No No No Yes
workmen's compensation-statutory No No No No No
employer's liability-$500,000 No No No No No
bodily injury liability except auto-$1,000,000 each occurrence No No No No No
property damage liability except auto-$1,000,000 each aggregate No No No No No
automobile bodily injury-$1,000,000 each person No No No No No
automobile property damage liability-$1,000,000 each occurrence No No No No No
excess umbrella liability-$1,000,000 each occurrence No No No No No
Insurance information was requested and collected for all the above vendors during the audit.
Agreement Requirement#6
According to the standard hauler agreement,Hauler agrees and understands that it may utilize the City's
transfer station. Hauler shall pay all transfer station fees to the transfer station operator as they may be
established and amended,from time to time. Hauler agrees and understands that it shall be required to
establish an individual credit or service relationship with the City of Fayetteville transfer station operator.
Hauler agrees that it shall comply with all practices,policies and procedures as established by the transfer
station operator from time to time.
The only hauler that is currently using the City's transfer station is Allied Waste Services. They have
established a credit relationship with the City and are billed monthly. Accounts receivable billing and payment
Water,Sewer and Solid Waste Committee Agenda Page 7 of 17
information was reviewed for Allied Waste Services,and it appears that they have paid their account in a
timely manner.
Audit Results Summary
All 5 audited vendors with an Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville were
out of compliance with the terms of the agreement. None of the haulers had submitted the required vehicle
information,operator information, or complete insurance information. Underpaid fees of over$34,000 were
identified and collected from 3 of the haulers. Fees are self-reported based on revenues generated from
services provided to customers,and it is difficult, if not impossible,to prove accuracy of hauler fee payment to
the City. Even with agreement required payment support,the accuracy of the fee cannot be ensured. It can be
presumed that more underpayments exist due to non-reported Fayetteville customers and/or services.
Options
The following options were developed with input from the Utilities Department Director.
I. The standard agreement could be rewritten to require lists of customers,addresses,services provided,and
rates with every payment of fees under the agreement. The information would be subject to the Arkansas
Freedom of Information Act. A staff member independent of the Solid Waste division could be assigned to
review the information monthly. Periodically, the staff member could verify the customer name and address
information provided with the fee payment to containers observed in the City. This would improve,not
ensure,accuracy of fee payments. It might also cause significant issues with the haulers,who generally do not
want some of this information available to the public and potential competitors.
2. The City could allow the franchise agreements to lapse and the Solid Waste division could become the sole
provider of these services within the Fayetteville City limits. This would eliminate the concern of fee payment
accuracy. This would also ensure that equipment is maintained and registered,drivers are appropriately
licensed,and risks are minimized through adequate insurance.
3. The City could allow one franchised hauler to operate within the City. The hauler would be the sole
authorized hauler,other than the City,for the solid waste functions specified in the agreement plus special,
medical,and hazardous wastes. This hauler would have to be selected through a competitive request for
proposals whereby all haulers are allowed to compete to provide franchise agreement services. Services would
be limited to those specified within the current franchise agreements,plus those services the City does not
currently provide(specifically special, medical,and hazardous wastes). It may also restrict recycling hauling
to customers to which the franchisee is providing solid waste services. The selected hauler would provide
documentation of fees in an agreed upon manner to improve the accuracy of fee payments. Having one hauler
would simplify the tracking process for all information including payments,but would not ensure accuracy of
fee payments.
Water,Sewer and Solid Waste Committee Agenda Page 8 of 17
• CITY COUNCIL AGENDA MEMO
e evlle MEETING DATE OF JUNE 21,2011
THE CITY OF FAYETTEVILLE,ARKANSAS
ay
AF%ANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr,Chief of Staff
From: David Jurgens,Utilities Director �� n
Fayetteville Water and Sewer Comm' e
Date: June 2,2011
Subject: Arkansas Water&Wastewater Agency Response Network(ARWARN)Mutual Aid Agreement
RECOMMENDATION
City Administration recommends approving a water and wastewater mutual aid agreement through Arkansas Water&
Wastewater Agency Response Network(ARWARN), a USEPA initiative that standardizes emergency preparedness,
disaster response,mutual assistance among utilities, and assigning the Utilities Director as the Authorized Official.
This updates an existing utility mutual aid agreement executed with resolution 60-00 on May 16, 2000.
BACKGROUND
Utilities have a long history of providing mutual aid when needed. They often have equipment,parts,or expertise
another utility requires in an emergency, and can provide quick assistance when customer service, public health,or
environmental security are threatened. These services have always been provided on a direct cost reimbursement
basis. In May,2000,Fayetteville formalized this process by executing a mutual aid agreement coordinated through
the Arkansas Rural Water Association. In recent years,Fayetteville has provided emergency aid to several area
utilities including Springdale, Washington Water Authority,Elkins,West Fork, and others. We have received similar
emergency support from Fort Smith, Springdale,Beaver Water District and others. Customer service and
environmental protection have benefited in every case, and all costs were reimbursed on an at-cost basis. For small,
local support,these decisions have been made at an operational level by the Water/Sewer Maintenance Manager or
the Utilities Director. Large or out-of state requests would require Mayor or Chief of Staff approval.
DISCUSSION
The USEPA has developed a national framework and standard agreement for emergency preparedness, disaster
response,mutual assistance among utilities nation-wide, following the format of similar agreements for other
emergency services and situations. The ARWARN agreement updates the provisions contained within the 2000
ARWA agreement,and identifies operational, logistical,chain of command, cost tracking,and legal support
requirements for the supported and supporting utilities. While developed for support within the state, it allows for
interstate support when invoked though the states' Department of Emergency Management(DEM). Thus, any
request for aid that Joplin may have made would have passed through the Missouri DEM to Arkansas DEM, and
thence to members of ARWARN. While seemingly bureaucratic,this provides full legal protection and operational
understanding for all parties.
BUDGET IMPACT
None. All aid rendered under this agreement is reimbursed on a direct cost basis.
ARWARN Mutual Aid CCM=u Junl 17
Water,Sewer and Solid Waste Committee Agenda Page 9 of 17
va r norg
Arkansas Mutual Aid and Assistance Agreement
For
Water and Wastewater Utilities
AGREEMENT
This Agreement is made and en--crud into by public and private
non-profit Water and Wastewater Otilities that have, by executing
this Agreement, manifested their intent_ to participate in an
7ntra8�ate Program for Mutual Aid and Assistance .
This Agreementis authorized under A. C.A. 19-I1-201, which
provides tha'- Water and wastewater_ U-ilities may contract with
each other to provide services .
ARTICLE I
PURPOSE
Recognizing that: emergencies may require assistance in the torr)
of personnel , equipment, and supp'_ Les from outside the area of
s
impact, the signatory utiiities etablished an Intrastate Pro-
yrrim for Mutual Aid and Assistance . Through the Mutual Aid and
Assistance Prcgram, Members coordinate response act-ivities and
share resources during emergencies . This Agreement sets forth the
procedures and standards for the administration of the Intrastate
yutuai Aid and Assistance Program.
ARTICLE II
DEFINITIONS
A. Emergency - A natural or manmade event that is, or is like�y
to be, beyond the control of the services, personnel, equ '�pmen C,
and facilities of a Mutual Aid and Assistance Program Member .
B. Member - Any public or private norl-profit Water or Wastewater
Eltility that manifests invent to participate in the Mutual Aid
and Assistance Programby oxecuti_ng this Agreement .
C. Au(-hori_7,rd Official - An emr, Ioyee of a Member that is
authorized by the Member ' s governing board or nianayement to
request assistance or offer assistance under- this Agreement .
log, I of 7
ARWARN Nlamal Aid Ap,ement Mayl I doc
Water,Sewer and Solid Waste Committee Agenda Page 10 of 17
D. Requesting Member - A Member who requests assistance under the
Mutual Aid and Assistance Program.
E. Responding Member - A Member that= responds to a request for
assistance under the Mutual Aid and Assistance Program.
F. Period of Assistance - A specified period of time when a
Responding Member assists a Requesting Member. The period
continences when personnel, equipment, or supplies depart from a
Responding Member' s facility and ends when the resources return
to their facility (portal to portal ) . All protections identified
in the agreement apply during this period. The specified Period
of Assistance may occur during response to or recovery from an
emergency, as previously defined.
G. National Incident Management System (NIMS) - A national ,
standardized approach to incident management and response that
sets uniform processes and procedures for emergency response
operations .
ARTICLE III
ADMINISTRATION
The Mutual Aid and Assistance Program shall be administered
through a Sate Cocvnittee. The purpose of the State Committee is
to provide coordination of the Mutual Aid and Assistance program
before, dur-ifly, and after an emergency. The SLal.e Cormnittee,
under the leadership of an elected Chair, shall meet annually to
address Mutual Aid and Assistance Program issues and to review
emergency preparedness and response procedures . The StaLe
Committee includes representatives from Arkansas Water Works &
Water Environment Association, Arkansas Rural Water Association,
Arkansas Department of Emergency Management, and Arkansas Water_ &
Wastewater Managers Association. Under the leadership of the
Chaff r, the State COILULt I PC stra p plan and coordinate
emergency planning and response activities for the Mutua. Aid and
Ass- stance Program.
ARTICLE IV
PROCEDURES
The State Corrmittee shall develop operational and planning
procedures for the Mutual Aid and Assistance Program. 'Plrese.
procedures shall be updated at least annually. The Committee
shall coordinate as approp- late with other applicable agencies .
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ARTICLE V
REQUESTS FOR ASSISTANCE
Mein bcr Responsibility: Members shall identify a❑ Authorized
Official and alternates; provide contact information including
21-hour access; and maintain resource information made available
Uy Lire utility for mutual aid and assistance response .
In the event of an Emergency, a Member' s Authorczod Official may
request mutual_ aid and assistance from a participating Member.
Requests for assistonce can be made orally or in writing. when
made orally, the request for personnel , eq,rLptrlent, arid supplies
shall be prepared in w ' iLirlq a; soon as practicable . Requests for
assistance shall be directed to the Authorized Official of Lhe
participating Member. Specific protocols for requesting aid shall
be provided in the required procedures (ArLicic 1V) .
Response to a Request for Assistance: After a Member receives a
request for assistance, the Authorized Official evaluates whether
resources are available to respond to the request for assistance .
Following the evaluation, `_hc Authorized Representative shall.
inform, as soon as possible, Lite Requestinq Member whether it has
the resources to respond. If the Member is wiLliny and able to
provide assistance, the Member shall inform Che Requesting Member
about the type of available resources and the approximate arrival
Lime oL such assistance .
Discretion oP Responding Member's Authorized OCEicfaC : Execution
of phis Agreement does not create any duty Lo furnish assistance
when requested. When a Mejnb(?r receives a request for assistance,
the Authorized Official shall have absolute discretion as Lo the
availability of resources . An Authorized Mcmber' a decisions on
the availability oL resources shall be final .
ARTICLE VI
RESPONDING MEMBER PERSONNEL
National Incident_ Manayerrlent SysLem: When providing assistance
under this Agreement, the Requesting ( tility ane Responding
Utility shall be organized and shall fanCLion under the NaLional
Incident Manaqement System.
Control: Respondinq Mcmber personnel shall remain under Lite
direction and control o£ the Responding Mcmber. The ROque�:Ling
Member ' s Authorized Official shall coordinate response activities
with the designated supervisor (s) of the Responding Member (s) .
Whenever practical, Responding Member personnoL must be self
sufficient for up to 72 hnurs .
Food and Shelter: The Request rnq Memher e•ha11 supp_y reasonable
food and shelt=er for Respondinq Member personnel . =f the
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Requesting Member fails to provide fnod and shelter for
Resoonding Personnel, the Responding Member' s designated
supervisor is authorized to secure the resources necessary to
meet the needs of its personnel . The reimbursement for such
resources must not exceed the State per diem rates for that area .
The Requesting Member remains responsible for reimbursinq the
Responding Member for el L costs associated with providinq food
and shelter, if ssch resources are not provided.
Corrununicatiorl: The Requesting Member shall provide Responding
Meinber personnel with radio equipment as available, or radio
frequency informatics. Lc program existing radio, in order to
facilitate cotrunicaLions with local respgnders and utility
personnel .
Status: Unless otherwise provided by taw, the Responding Member ' s
officers and employee: retain the same privileges, immunities,
Lights, duties, avid benefits ac provided in their respective
jurisdictions .
Licenses and Permits: To the extent permitted by law, Respondinq
Member personnel who hold ticnnses, certificates, or permits
evidencinq professional , mechanical, or other skills shall bit
allowed to carry out activities and tasks relevant and related Lo
their respective credcntiale during the specified Period of
Assistance .
Right to Withdraw: 'I'hc, Respnridi_nq Member 's Authorizu:d Official
retains the right to withdraw some or aLl of its resources at any
time. Notice of intention to withdraw must be cornmunic:ated to the
Requesting Member' s ]\ULnor IZell Official as soon as possible, and
will be effective, when made or sent by the responding member, who
shalt have no further obligations or responsibilities thereafter.
ARTICLE VII
COST REIMBURSEMENT
Dnless otherwise mutually agreed in whole or in part, the
Requesting Member shall reimbnr.se '`he Respondinq Member for each
of the fol , owing categories of costs incurred while providinq aid
and assistance during the specified Period of Assistance .
Personnel : Respondinq Member personnel are to be paid for work,
completed duriiiq a specified Period -)f r.cp iicordinq to
the. Lernms provided in their employment . 'the Responding Member
designated supervisor (s) must keep accurate records of work
Peitormed by pers0nneL during the specified Period oL Assistanco.
Requesting Member reimbursement to tale Responding Member must
consider all personne'_ costs, including salaries or hourly wages,
costs for fringe benefit:;, and indirect costs .
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Equipment: The Requesting Member shall reimburse the Responding
Member for the use of equipment during a specified Period of
Assistance. As a minimum, rates for equipment use roust be based
on the Federal Emergency Management Agency's (FEMA) Schedule of
Equipment Rates . If a Respondirnq Member uses rates different from
those i"n the FEMA Schedule of Equipment Rates, the Responding
Member must provide such rales in writing to the Requesting
Member prior to supplying resources, Reimbursement for equipment
not referenced on the FEMA Schedule of Equipment Rates m.r.st be
developed based on actual recovery of costs.
Materials and Supplies: The RcquesLin9 Member must reimbarse the
Responding Member in kind or at actual replacement cost for use
of expendable or non-returnable supp Les . The Responding Member
must not cha-ge direct fees or rental charges to the Requesting
Member for other supplies and reusable items that are returned to
the Responding Member in a clean, damage-free condition. Reusable
sc.pplies that sire returned to the Responding Member with damage
must be treated as expendable supplies for purposes of cost
reimbursement .
Payment Period: The Respor"ding Member must provide an itemized
bill to the Requesting Member for all expenses it incurred es a
result of prow.ding assistance under this Agreement. The
Responding Member must= send the it=emized bill not later than
ninety (90) days followLug Lhe end of the Period of Assistance .
"Phe Requesting Member should pay the bill in full on or before
the nineri_eth (90`I') day followinq the billing date. Ln the event
of a utility' s inability to pay, the responding utility will
agree to accept payment based on Federal Assistance granted to
the area through a Reduced Disaster Area Ueclaralion.
ARTICLE VIII
WORKER'S COMPENSATION CLAIMS
':he Responding Member i_s fcr prcvidinq worker ' s
compensation benefits and acllirnistering worker' s for
its employees .
ARTICLE IX
INSURANCE
Each
Put tcioa-inq utility shall boar the risk of its own
actions, as it does with It - day-to-day opers� ioas, and deLerrnrnr,.
for itself it .ind whoL kinds of rnsurance, and in what amounts,
It should carry.
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ARTICLE X
EFFECTIVE DATE
This Agreement shall_ be efLecLive after the City of
Fayetteville' s authorized representative executes the Agreement
and the Stage Committee Chair receives the Agreement . The Slate
Committee Chair sha11 ❑iaint.ain a master list of all members of
the Mutual Aid and Assistance Program.
ARTICLE XI
WITHDRAWAL
A Member may withdraw at any L(, - t ,i -i >s „l, . ern- - by
providing written notice of i ii -r,l- 'o ,. r � 1, ,:, I „ _ i ,tr,
Chair and the member shaLi han., t _t rhet ,I� x;sthr 1 , U
obligations, or liability of n.at �.r- in t.� -, �.,,it , 1
agreement .
ARTICLE XII
MODIFICATION
No provision of Lhi_s Agreement may be moditied, altered, or
rescinded by individual parties to the Agreement . Modifications
to this AgreeatenL may be due -o programmatic operational changes
to support Lhe agreement. Modifications req,iire a simple majority
vote of Mernbers . The St_aCe Committee Charr must provide writ'-en
notice to all Members of approved nodi Lications to this
Agreement. Approved modifications Lake effect 6n days after the
date upon which noLir:e is senL Lo t�hc Members .
ARTICLE XIII
PRIOR AGREEMENTS
tt,�- : Y.- `hat 5ii � i,<_} ➢irylt -� , ti ;�n _t't ent �dl ttr h.� �
ARTICLE XIV
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
This Agreement is for Che sole benefit of the Mernbers and no
person or entity must have any rights undrr this Aq m cnionL as
third-party beneficiary . Assignments of benefits and delegations
of duties createa by this Aqreement are prohlb` Led and dust be
without effect_.
ARTICLE XV
TORT IMMUNITY
This agreement shall be gov�rned by the law of Lhe State of
Arkansas, including, but not limited to, theprovisions of A. C. A.
Pag_e6N7
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521-9-301 regarding immunity From tort liabiliLy, which shall be
applicable at all times to the parties hereto. Any legal actions
in connection with this agreement must be brought in the county
in which the member has its principle office and operation, arid,
if at any time it is determined, judicially or otherwise, that
any member is not, accordingly immune from tort liability, this
agreement shall be null and void and of no effect for any purpose
as to that member.
Now, therefore, in consideration of the covenants and obligations
set forth in this Agreement, the City of Fayetteville manifests
its intent to be a Member of the Arkansas Mutual Aid and
Assistance Program for Water and Wastewater Utilities by
executing this Agreement on this day of ,
2011 .
Water/Wastewater Utility: City of Fayetteville_
6y: By:
Title: Mayor TitLe: Utilities Cir- cte
Lioneld Jordan David Jurgens
Please Print Name Please Print Name
Poge 7 o r 7
ARWARN Mutual Aid Agreement Mayl Ldo
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