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HomeMy WebLinkAbout60-00 RESOLUTION•
RESOLUTION NO. 60-00
MICROFILMED
A RESOLUTION APPROVING A MUTUAL AGREEMENT WITH
ARKANSAS RURAL WATER ASSOCIATION AND
IDENTIFYING THE MAYOR OR HIS DESIGNEE AS THE
AUTHORIZED REPRESENTATIVE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a mutual agreement with Arkansas
Rural Water Association and identifies the Mayor or his designee as the authorized representative;
authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is
attached hereto marked Exhibit "A" and made a part hereof.
-PASSED AND APPROVED this 16th day of May , 2000.
v.4
Heather Woodruff, City
,a2eb
APPROVED:
By:
Fred Hanna, Mayor
NAME OF FILE:
•
/LA .4a70 -,a - o
•
CROSS REFERENCE:
Date
Contents of File Initials
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FAYETTEVICLE •
THE CITY OF FAYMEVILLE, ARKANSAS
June 13, 2000
Dennis Sternberg
Executive Director, Arkansas Rural Water Association
240 Dee Dee Lane
Lonoke AR 72086
Re: ARWA Mutual Aid Agreement
Dear Mr. Sternberg,
I am pleased to send you the City of Fayetteville's signed ARWA mutual aid agreement. It was
approved by the City Council per the attached resolution. We feel this agreement is a step forward,
although the utilities in our area have all supported each other whenever there is a need.
Please sign this document, and return a signed copy to us for our files.
I am the primary point of contact for the utility. Contact information for myself and the alternate is
listed below:
Primary: David Jurgens, Water/Sewer Maintenance Superintendent, home address 408 E.
Andrew Ave Springdale, AR, 72764, work (501) 575-8386, work fax (501) 443 1815, home (501)
750-9778.
Alternate: Paul Mitchell, Assistant Water/Sewer Maintenance Superintendent, home address
540 West Cherry St. Fayetteville, AR, 72701, work (501) 575-8386, work fax (501)443-1815, home
(501) 587-9368.
If you have any questions, please call me at 575-8386.
cerel
Davi
Wat
aintenance Superintendent
WATER ti A-AIDLTR.WPD
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
-bat
ruin
/leg&
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e
• • EXHIBIT A
ARKANSAS RURAL WATER ASSOCIAlflU_AL MD AGREEMENT
ARTICLE L PURPOSE:
The Arkansas Rural Water Association Emergency Response Network has been
established to provide a method whereby water/wastewater utilities sustaining physical
damage from disasters could obtain emergency assistance, in the form of personnel, equipment
and materials from other utilities.
ARTICLE H. DEFINITIONS
A. AGREEMENT - The Arkansas Rural Water Association Emergency Response
Network Mutual Aid Agreement. The original Agreement and all signatory
pages shall be kept at the Arkansas Rural Water Association (ARWA) Office
in Lonoke, Arkansas.
B. PARTICIPATING UTILITY - Any water utility which has executed this Mutual
Aid Agreement.
C. DAMAGED UTILITY - Any participating utility which sustains physical damage
to its water/wastewater system due to a disaster and seeks assistance pursuant to
this Agreement.
D. ASSISTING UTILITY - Any participating utility which agrees to provide Assis-
tance to a damaged utility pursuant to this Agreement.
E. AUTHORIZED REPRESENTATIVE - An employee of a participating utility
authorized by that utility to request or offer assistance under the terms of this
Agreement. (A list of the authorized representatives for each participating
utility shall be on file with the Arkansas Rural Water Association Office.)
F. PERIOD OF ASSISTANCE - The period of time beginning with the departure
of any personnel or equipment of the assisting utility from any point for the purpose
of traveling to the damaged utility in order to provide assistance and ending upon the
return of all personnel to the assisting utility, after providing the assistance requested,
to their residence or place of work, whichever is first to occur.
ARTICLE DI PROCEDURE
In the event that a participating utility becomes a damaged utility, the following
procedure shall be followed:
A. The damaged utility shall contact the ARWA District Emergency Response
Coordinator and provide them with the following information:
rn
X
03
1. A general description of the damage sustained;
2. The part of the water/wastewater system for which assistance is needed,
E.g. (Treatment, Distribution, Collection, etc.)
3. The amount and type of personnel, equipment, materials and supplies needed
and a reasonable estimate of length of time they will be needed;
4. The present weather conditions and the forecast for the next twenty-four hours;
5. A specific time and place for a representative of the damaged utility to meet
the personnel and equipment of the assisting utility.
B. When contacted by a damaged utility, the authorized representative of a parti-
cipating utility shall assess its utility's situation to determine whether it is
capable of providing service. No participating utility shall be under any
obligation to provide assistance to a damaged utility. If the authorized
representative determines that his utility is capable of and willing to provide assistance,
he shall so notify the ARWA District Emergency Response Coordinator and provide
them with the following information:
1. A complete description of the personnel, equipment and materials to be
furnished to the damaged utility:
2. The length of time the personnel, equipment and materials will be available;
3. The work experience and ability of the personnel and the capability of the
equipment to be furnished;
4. The name of the person or persons to be designated as supervisory personnel
and;
5. The estimated time when the assistance provided will arrive at the location
designated by the authorized representative of the damaged utility.
6. The reimbursement terms agreed to pursuant to Article W.
C. The personnel and equipment of the assisting utility shall remain, at all times, under
the direct supervision and control of the designated supervisory personnel of the
assisting utility. Representatives of the damaged utility may suggest work
assignments and schedules for the personnel of the assisting utility; however, the
designated supervisory personnel of the assisting utility shall have the exclusive
responsibility and authority for assigning work and establishing work schedules for
the personnel of the assisting utility. The designated supervisory personnel shall
maintain personnel time records and a log of equipment hours, be responsible for
•
•
the operation and maintenance of equipment hours, be responsible for the
operation and maintenance of the equipment furnished by the assisting utility,
and report work progress to the damaged utility.
D. The damaged utility shall have the responsibility of providing food and housing for
the personnel of the assisting utility from the time of their arrival at the designated
location to the time of their departure. The food and shelter provided shall be
subject to the approval of the supervisory personnel of the assisting utility.
E. The damaged utility shall have the responsibility of providing communications
between the personnel of the assisting utility and the damaged utility.
F. If, for any reason, the Authorized Representative of a participating utility is not
available or not able to perform his duties in an emergency situation; an alternate
may assume his duties with respect to the Mutual Aid Agreement Requirements.
The name of the Authorized Representative and his Alternate shall be furnished to
the Arkansas Rural Water Association's main office.
ARTICLE IV. REIMBURSABLE EXPENSE
The terms and conditions governing reimbursement for any assistance provided under
this Agreement shall be agreed to prior to the providing of such assistance and shall be
in accordance with the following provisions:
A. PERSONNEL - During the period of assistance, the assisting utility shall continue to
pay its employees according to the prevailing rules and regulations of its utility. The
damaged utility shall reimburse the assisting utility for all direct or indirect payroll
costs and expenses incurred during the period of assistance, including, but not
limited to, employee pensions and benefits. In the event of a utility's inability to pay,
the assisting utility will agree to accept payment based on Federal Assistance
granted to the area through a Federal Disaster Area Declaration.
B. EQUIPMENT - The assisting utility shall be reimbursed for the use of its equipment
during the period of assistance according to either a preestablished hourly rate or
according to the actual operation and maintenance expenses incurred. In the event
of a utility's inability to pay, the assisting utility will agree to accept payment based
on Federal Assistance granted to the area through a Federal Disaster Area
Declaration.
C. MATERIALS AND SUPPLIES - The assisting utility shall be reimbursed for all
materials and supplies furnished by it and or damaged during the period of
assistance, unless such damage is caused by negligence of the assisting utility's
personnel. The measure of reimbursement shall be the replacement cost of the
equipment and supplies used or damaged. In the alternative, the parties may agree that
the damaged utility will replace, with a like kind and quality as determined by the
assisting utility, the materials and supplies used or damaged.
D. PAYMENT- Invoices for supplies and equipment utilized by an existing utility should be
provided to the damaged utility within 60 days from date of service.
In the event of a utility's inability to pay, the assisting utility will agree to accept
payment based on Federal Assistance granted to the area through a Reduced Disaster
Area Declaration.
ARTICLE V. LIABILITY
Each participating utility shall bear the risk of its own actions, as it does with its day to day
operations, and determine for itself what kinds of insurance, and in what amounts, it should
carry. Each utility shall have in its file, a letter from their own insurance carrier authorizing
it to work under the guidelines of the agreement and certifying that there will be no lapse in
their insurance coverage either employees, vehicles or liability.
ARTICLE VI. TERMINATION
This Agreement shall remain in effect until terminated by the participating utility providing
ARWA with written notice of such termination.
NOW, THEREFORE, in consideration of the covenants and obligations contained
herein, the (NY OF FAYSrrru,‘4.6. duly executes this Arkansas Rural Water
Association Mutual Aid Agreement this
Participating Utility: Sign:
Attest:
/4• daY °far ,-2-4,0c)
Acknowledged and Accepted: AR
By:
Title:
Date:
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MICRUFIL
AIKANSAMIRAL WATERASSOCIATISMMUTIAL AID AGREEMENT
ARTICLE I PURPOSEz
ivI5
spo
liv&tee
_eclat
,ethoh
AfriLD•
The Arkansas Rural Water Association Emergency Response Network has been
established to provide a method whereby water/wastewater utilities sustaining physical
damage from disasters could obtain emergency assistance, in the form of personnel, equipment
and materials from other utilities.
ARTICLE IL DEFINITIONS
A. AGREEMENT - The Arkansas Rural Water Association Emergency Response
Network Mutual Aid Agreement. The original Agreement and all signatory
pages shall be kept at the Arkansas Rural Water Association (ARWA) Office
in Lonoke, Arkansas.
B. PARTICIPATING UTILITY - Any water utility which has executed this Mutual
Aid Agreement.
C. DAMAGED UTILITY - Any participating utility which sustains physical damage
to its water/wastewater system due to a disaster and seeks assistance pursuant to
this Agreement.
D. ASSISTING UTILITY - Any participating utility which agrees to provide Assis-
tance to a damaged utility pursuant to this Agreement.
E. AUTHORIZED REPRESENTATIVE - An employee of a participating utility
authorized by that utility to request or offer assistance under the terms of this
Agreement. (A list of the authorized representatives for each participating
utility shall be on file with the Arkansas Rural Water Association Office.)
F. PERIOD OF ASSISTANCE - The period of time beginning with the departure
of any personnel or equipment of the assisting utility from any point for the purpose
of traveling to the damaged utility in order to provide assistance and ending upon the
return of all personnel to the assisting utility, after providing the assistance requested,
to their residence or place of work, whichever is first to occur.
ARTICLE DI PROCEDURE
In the event that a participating utility becomes a damaged utility, the following
procedure shall be followed:
A. The damaged utility shall contact the ARWA District Emergency Response
Coordinator and provide them with the following information:
assisting utility, the materials and supplies used or damaged.
D. PAYMENT - Invoices for supplies and equipment utilized by an existing utility should be
provided to the damaged utility within 60 days from date of service.
In the event of a utility's inability to pay, the assisting utility will agree to accept
payment based on Federal Assistance granted to the area through a Reduced Disaster
Area Declaration.
ARTICLE V. LIABILITY
Each participating utility shall bear the risk of its own actions, as it does with its day to day
operations, and determine for itself what kinds of insurance, and in what amounts, it should
carry. Each utility shall have in its file, a letter from their own insurance carrier authorizing
it to work under the guidelines of the agreement and certifying that there will be no lapse in
their insurance coverage either employees, vehicles or liability.
ARTICLE VI. TERMINATION
This Agreement shall remain in effect until terminated by the participating utility providing
ARWA with written notice of such termination.
NOW, THEREFORE, in consideration of the covenants and obligations contained
herein, the(t rtY OF FA 'Al u (.46-, duly executes this Arkansas Rural Water
Association Mutual Aid Agreement this
Participating Utility: Sign:
Attest:
daY 0I07.0r
.11
Le*/
ItAtr.t. a
Acknowledged and Accepted: AR1A,A zaamze,
1
By:
Title: gfea&t.tA-P) jailtelte20
Date: WeAte .94900
T.5JPT-
•
RESOLUTION NO. 60-00
•
A RESOLUTION APPROVING A MUTUAL AGREEMENT WITH
ARKANSAS RURAL WATER ASSOCIATION AND
IDENT1FYLNG THE MAYOR OR HIS DESIGNEE AS THE
AUTHORIZED REPRESENTATIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FA'YETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a mutual agreement with Arkansas
Rural Water Association and identifies the Mayor or his designee as the authorized representative;
authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is
attached hereto marked Exhibit "A" and made a part hereof.
-PASSED AND APPROVED this 16th day of May , 2000.
• Ai
• iAr \
APPROVED:
Heather WoodS7
By: ag
By:
Fred Hanna, Mayor
RESOLUTION NO. 60-00
A RESOLUTION APPROVING A MUTUAL AGREEMENT WITH
ARKANSAS RURAL WATER ASSOCIATION AND
IDENTIFYING THE MAYOR OR HIS DESIGNEE AS THE
AUTHORIZED REPRESENTATIVE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves a mutual agreement with Arkansas
Rural Water Association and identifies the Mayor or his designee as the authorized representative;
authorizes the Mayor and City Clerk to execute said agreement. A copy of the agreement is
attached hereto marked Exhibit "A" and made a part hereof.
-PASSED AND APPROVED this leh• day of May , 2000.
4, 1
.
.c;24*- • APPROVED.
ATTES
Heather Woodruff, City C
By: aC(1)
By:
Fred Hanna, Mayor
EVYETTEIALE
THE CITY or FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
moTo: David Jurgens, Water/Sewer Superintendent
From: Heather Woodruff City Clerk
Date: May 22, 2000
Attached is a copy of the resolution approving the agreement with Arkansas Rural Water
Association. The original will be microfilmed and filed with the City Clerk.
• STAFF REVIEW FORM
XXX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the City Council meeting of: May 2, 2000
•
FROM:
David Jurgens Water/Sewer Public Works
Name Division Department
ACTION REQUIRED: Mayor and City Council approve the attached Arkansas Rural Water
Association Mutual Aid Agreement, identify the Water/Sewer Maintenance Superintendent as the
Authorized Representative, and identify the Water/Sewer Operations Assistant as the alternate.
COST TO CITY:
0
Cost of this request
N/A
Account Number
N/A
Project Number
0 N/A
Project/Contract Budget Project Name
0 N/A
Funds used to date Program Name
0 N/A
Remaining Balance Fund
BUDGET REVIEW* XXX Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW* GRANTING AGENCY:
..
Acco
M ag
41 -/3 -rd
City Attorn
Date ADA Coordinator Date
%-c) ULLA,2
Purchasin: Officer
AF PIRECOMMENDATION: Approve change orders as stated above.
Divisi Date Cross Reference:
4.•
"
Date Internal Auditor Date
4- 14--Cro
Date
114,,to
4 .11. -co
ent Director Date New Item: Yes No
rid we Se Director Date Previous Ord/Res #: N/A
Mayor De Date Orig Contract Date: 2 June 1998
INSITUO0AGR.WPD
•
Meeting Date: May 2, 200u111 STAFF REVIEW FORM Page 2
Description: Arkansas Rural Water Association Mutual Aid Agreement
Comments: Reference Comments:
Budget Coordinator:
OWILDi“
A4A1A-atildto-k tiLk &kttin Oh LES
1,4e€
Accounting Manager:
.41fitaix/cee---,44
0.4t_to
-?-/-AA.gia-iterdytd
vilAte,r5u
City Attorney:
Purchasing Officer:
ADA Coordinator:
Intemal Auditor:
INSITUOGAGR.WPD
FAYETTPVILLE
THE CITY OF EAYEllEVILLE. ARKANSAS
WATER AND SEWER MADITENANCE DIVISION
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville Mayor and City Council
Thru: Charlie Venable, Public Works
From: David Jurgens, Water/Sewer
Date: April 12, 2000
or
Re: Agenda Request- May 2 City Ckuijncil Meeting, Arkansas Rural Water Association
Mutual Aid Agreement
The Arkansas Rural Water Association (ARWA) has developed a mutual aid agreement which
formalized each water and wastewater utility's willingness to aid other utrhties in the event of an
unforseen disaster They require this agreement be approved and adopted by the governing body for
the water system.
The City of Fayetteville has never turned down another utility's request for aid if the City could
provide the requested aid. Generally this aid involves a temporary loan of certain water or sewer
materials or hardware, or using specific equipment the other utility does not have The other utilities
have come to our aid in similar times of need. These events occur several times per year, and are
easily handled. We offered assistance to Fort Smith when the tornado damaged much of their City
and their wastewater treatment plant several years ago
This ARWA agreement formalized that aid, and sets standard terms by which all participating entities
would operate. While we have never had a problem when providing assistance to another utility, this
establishes a base line for any such aid.
As these requests for assistance are generally operational in nature, are usnnlly handled as a relatively
routine measure, and come at any time of the day, I recommend the Water/Sewer Maintenance
Superintendent be named as the Authorized Representative. The Water/Sewer Operations Assistant
should be the alternate. Naturally, any such decisions would be passed through the Public Works
Director's office.
Staff recommends the City Council approve and the Mayor sign the attached Arkansas Rural Water
Association Mutual Aid Agreement, identify the Water/Sewer Maintenance Superintendent as the
Authorized Representative, and identify the Water/Sewer Operations Assistant as the alternate.
Enclosures:
Agenda Review Request
Proposed ARWA Mutual Aid Agreement
- 116
an • •
wa
BOARD OF DIRECTORS
Emest Faucet!
Chairman
Little Rock
Steve Wear
President
Morrillon
Robert McKinnon
First Vice President
El Dorado
Dianna Goforth
Second Vice President
Benton
Butch Bartholomew
Secretary
West Fork
Sammie Johnston
Treasurer
Higginson
Roger Moren
Immediate Past President
Sardis
Travis Gage
Fort Smith
Phyllis Gacidie
RusselNille
Ella Jo Galloway
Tumbling Shoals
Wendell Chapman
Stuttgart
Jim Jameson
Smackover
Harry Short
Van Buren
Jerry Thomasson
Piton
Ronnie Wood
Walcott
James Pagan
Trumann
Wayne Allen
Avoca
STAFF
Dennis Sternberg
Executive Director
Carol Shaw
Executive Secretary
Nadine Currie
Financial Secretary
Jeff Ford
ADH Tech. & Operations Rohl Rep
Danny Foreman If you have any questions feel free to contact me at 501-676-2255.
Wastewater Technician
Bruce Anderson
Wastewater Trainer Technician
Circuit Riders:
Terry Fortenberry
Tim Carey
Daniel Johnson
Joe Gunn
Ground Water Technician
Jac* Lambert
Loan Asset Field Rep.
Johnny Moore
Program Specialist
Susan Poe
Water Development Coordinator
Arkansas Rural Water Association
240 Dee Dee Lane • Lonoke, AR 72086 • (501) 676-2255 • Fax (501) 676-2266 • E-mail: ARKRWACaol.com
0(9 -7 -co
A)f
Date : April 1, 2000
To : ARWA Member Systems
From : Dennis Sternberg ARWA /Executive Director
Re : ARKANSAS RURAL WATER ASSOCIATION
MUTUAL AID AGREEMENT
The ARWA Board of Directors has been concerned for many years about the
unforeseen occurrence of disasters striking communities and the amount of
damage incurred to water and wastewater utilities through such disasters. In an
effort to assist damaged water and wastewater utilities in their time of need the
ARWA Board of Directors has approved the ARWA Mutual Aid Agreement. This
will allow all participating utilities the opportunity to assist a damaged utility in
their time of need.
Enclosed you find a copy of the Arkansas Rural Water Association Mutual Aid
Agreement that has been reviewed by ARWA's attorney and is being sent to all
ARWA Member Systems.
Each system wishing to participate must have their governing body approve and
sign this document to allow their system to participate in the Arkansas Rural
Water Association Emergency Response Network.
Please take the time to review this document thoroughly and if your utility agrees
to participate have the proper authorities sign it and return it to the Arkansas
Rural Water Association office.
MEMBER of
ARWA Mission Statement:
To provide Arkansas Rural Water Utilities the highest level of Training & Technical Services In order to
obtain a Quality Water at the lowest possible cost.
•
•
• • EXHIBIT A
ARKANSAS RURAL WATER ASSOCIATION MUTUAL AID AGREEMENT
ARTICLE I. PURPOSE:
The Arkansas Rural Water Association Emergency Response Network has been
established to provide a method whereby water/wastewater utilities sustaining physical
damage from disasters could obtain emergency assistance, in the form of personnel, equipment
and materials from other utilities.
ARTICLE 11 DEFINITIONS
A. AGREEMENT - The Arkansas Rural Water Association Emergency Response
Network Mutual Aid Agreement. The original Agreement and all signatory
pages shall be kept at the Arkansas Rural Water Association (ARWA) Office
in Lonoke, Arkansas.
B. PARTICIPATING UTILITY - Any water utility which has executed this Mutual
Aid Agreement.
C. DAMAGED UTILITY - Any participating utility which sustains physical damage
to its water/wastewater system due to a disaster and seeks assistance pursuant to
this Agreement.
D. ASSISTING UTILITY - Any participating utility which agrees to provide Assis-
tance to a damaged utility pursuant to this Agreement.
E. AUTHORIZED REPRESENTATIVE - An employee of a participating utility
authorized by that utility to request or offer assistance under the terms of this
Agreement. (A list of the authorized representatives for each participating
utility shall be on file with the Arkansas Rural Water Association Office.)
F. PERIOD OF ASSISTANCE - The period of time beginning with the departure
of any personnel or equipment of the assisting utility from any point for the purpose
of traveling to the damaged utility in order to proliside assistance and ending upon the
return of all personnel to the assisting utility, after providing the assistance requested,
to their residence or place of work, whichever is first to occur.
ARTICLE ffl. PROCEDURE
In the event that a participating utility becomes a damaged utility, the following
procedure shall be followed:
A. The damaged utility shall contact the ARWA District Emergency Response
Coordinator and provide them with the following information:
MEEEIE
1. A general description of the damage sustained;
2. The part of the water/wastewater system for which assistance is needed,
E.g. (Treatment, Distribution, Collection, etc.)
3. The amount and type of personnel, equipment, materials and supplies needed
and a reasonable estimate of length of time they will be needed;
4. The present weather conditions and the forecast for the next twenty-four hours;
5. A specific time and place for a representative of the damaged utility to meet
the personnel and equipment of the assisting utility.
_ B When contacted by_ a damaged utility, the authorized representatite of a parti-
cipating utility shall assess its utility's situation to determine whether it is
capable of providing service. No participating utility shall be under any
obligation to provide assistance to a damaged utility. If the authorized
representative determines that his utility is capable of and willing to provide assistance,
he shall so notify the ARWA District Emergency Response Coordinator and provide
them with the following information:
1. A complete description of the personnel, equipment and materials to be
furnished to the damaged utility:
2. The length of time the personnel, equipment and materials will be available;
3. The work experience and ability of the personnel and the capability of the
equipment to be furnished;
4. The name of the person or persons to be designated as supervisory personnel
and;
5. The estimated time when the assistance provided will arrive at the location -
designated by the authorized representative of the damaged utility.
6. The reimbursement terms agreed to pursuant to Article W.
C. The personnel and equipment of the assisting utility shall remain, at all times, under
the direct supervision and control of the designated supervisory personnel of the
assisting utility. Representatives of the damaged utility may suggest work
assignments and schedules for the personnel of the assisting utility; however, the
designated supervisory personnel of the assisting utility shall have the exclusive
responsibility and authority for assigning work and establishing work schedules for
the personnel of the assisting utility. The designated supervisory personnel shall
maintain personnel time records and a log of equipment hours, be responsible for
-Tr.=
the operation and maintenance of equipment hours, be responsible for the
operation and maintenance of the equipment furnished by the assisting utility,
and report work progress to the damaged utility.
D. The damaged utility shall have the responsibility of providing food and housing for
'stin Wit frim h ime if h ir rrival at th d i na d
location to the time of their departure. The food and shelter provided shall be
subject to the approval of the supervisory personnel of the assisting utility.
E. The damaged utility shall have the responsibility of providing communications
between the personnel of the assisting utility and the damaged utility.
F. If, for any reason, the Authorized Representative of a participating utility is not
available or not able to perform his duties in an emergency situation; an alternate
may assume his duties with respect to the Mutual Aid Agreement Requirements.
The name of the Authorized Representative and his Alternate shall be furnished to
the Arkansas Rural Water Association's main office.
ARTICLE IV. REIMBURSABLE EXPENSE
The terms and conditions governing reimbursement for any assistance provided under
this Agreement shall be agreed to prior to the providing of such assistance and shall be
in accordance with the following provisions:
A. PERSONNEL - During the period of assistance, the assisting utility shall continue to
pay its employees according to the prevailing rules and regulations of its utility. The
damaged utility shall reimburse the assisting utility for all direct or indirect payroll
costs and expenses incurred during the period of assistance, including, but not
limited to, employee pensions and benefits. In the event of a utility's inability to pay,
the assisting utility will agree to accept payment based on Federal Assistance
granted to the area through a Federal Disaster Area Declaration.
B. EQUIPMENT - The assisting utility shall be reimbursed for the use of its equipment
during the period of assistance according to either a preestablished hourly rate or
according to the actual operation and maintenance expenses incurred. In the event
of a utility's inability to pay, the assisting utility will agree to accept payment based
on Federal Assistance granted to the area through a Federal Disaster Area
Declaration.
C. MATERIALS AND SUPPLIES - The assisting utility shall be reimbursed for all
materials and supplies furnished by it and or damaged during the period of
assistance, unless such damage is caused by negligence of the assisting utility's
personnel. The measure of reimbursement shall be the replacement cost of the
equipment and supplies used or damaged. In the alternative, the parties may agree that
the damaged utility will replace, with a like kind and quality as determined by the
•
assisting utility, the materials and supplies used or damaged.
D. PAYMENT- Invoices for supplies and equipment utilized by an existing utility should be
provided to the damaged utility within 60 days from date of service.
In the event of a utility's inability to pay, the assisting utility will agree to accept
payment based on Federal Assistance granted to the area through a Reduced Disaster
Area Declaration.
ARTICLE V. LIABILITY
Each participating utility shall bear the risk of its own actions, as it does with its day to day
operations, and determine for itself what kinds of insurance, and in what amounts, it should
carry. Each utility shall have in its file, a letter from their own insurance carrier authorizing
-if to wirkiiideithe-juidelines of the agreement and certifying that there will be no lapse in
their insurance coverage either employees, vehicles or liability.
ARTICLE VI: TERMINATION
•
This Agreement shall remain in effect until terminated by the participating utility providing•
ARWA with written notice of such termination.
NOW, THEREFORE, in consideration of the covenants and obligations contained
herein, the duly executes this Arkansas Rural Water
Association Mutual Aid Agreement this /r day of,friar c)
Participating Utility: Sign: ildArne
Attest:
AtknthvIedgtdidijted ARWA - -
By:
Title:
Date: