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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 S-4-00 Sa2c. 4.)!-. 60 SXACrei 7 1)4 " (lt7--2C4,1) Asis-_An-j 41-ao f40.4, A- AiWA SP,neS 44. -Sia 1-4-67) /4,nto A- 02ordy,A 16,-,ezt,W4 7,,d Ntha Si/bolo lZ,27) Lig L51-kato 7,,i,y if Sega,t-- -‘716t1r719-) 51-22 -CO 7 1221 4 ,,It 51)(•/00 / Okkoat& tta ki3C. 050 -Sec • Tc\ -4 -T1/4 -7a -SL ei- sa. riy.elattioAa- i 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& 4 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: Ezo efeea-61,0.42) ,D,v(efitm) TS -J-1"7- bat % fb2e • eo 10° ifiek, 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: