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HomeMy WebLinkAbout97-11 RESOLUTIONRESOLUTION NO. 97-11 A RESOLUTION APPROVING A WATER AND WASTEWATER MUTUAL AID AGREEMENT THROUGH THE ARKANSAS WATER AND WASTEWATER AGENCY RESPONSE NETWORK, AND ASSIGNING THE UTILITIES DIRECTOR AS THE AUTHORIZED OFFICIAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a water and wastewater mutual aid agreement through the Arkansas Water and Wastewater Agency Response Network, a copy of which is attached as Exhibit "A", and assigns the Utilities Director as the authorized official for the City of Fayetteville. PASSED and APPROVED this 21st day of June, 2011. APPROVED: ATTEST: /By: r C; O — (- e :ON LD JO 'i AN ayor SONDRA E. SMITH, City Clerk/Treasurer erg er /Agency ,Response Network Arkansas Mutual Aid and Assistance Agreement For Water and Wastewater Utilities AGREEMENT This Agreement is made and entered into by public and private non-profit Water and Wastewater Utilities that have, by executing this Agreement, manifested their intent to participate in an Intrastate Program for Mutual Aid and Assistance. This Agreement is authorized under A.C.A. § 19-11-201, which provides that Water and Wastewater Utilities may contract with each other to provide services. ARTICLE I PURPOSE Recognizing that emergencies may require assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities established an Intrastate Pro- gram for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the Intrastate Mutual Aid and Assistance Program. ARTICLE II DEFINITIONS A. Emergency - A natural or manmade event that is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of a Mutual Aid and Assistance Program Member. B. Member - Any public or private non-profit Water or Wastewater Utility that manifests intent to participate in the Mutual Aid and Assistance Program by executing this Agreement. C. Authorized Official - An employee of a Member that is authorized by the Member's governing board or management to request assistance or offer assistance under this Agreement. Page 1 of 7 ARWARN Mutual Aid Agreement Mayl 1 .doc 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 commences 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 State Committee. The purpose of the State Committee is to provide coordination of the Mutual Aid and Assistance program before, during, and after an emergency. The State Committee, 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 State 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 Chair, the State Committee members shall plan and coordinate emergency planning and response activities for the Mutual Aid and Assistance Program. ARTICLE IV PROCEDURES The State Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be updated at least annually. The Committee shall coordinate as appropriate with other applicable agencies. Page 2 of 7 ARWARN Mutual Aid Agreement Mayl l.doc ARTICLE V REQUESTS FOR ASSISTANCE Member Responsibility: Members shall identify an Authorized Official and alternates; provide contact information including 24-hour access; and maintain resource information made available by the utility for mutual aid and assistance response. In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from a participating Member. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, and supplies shall be prepared in writing as soon as practicable. Requests for assistance shall be directed to the Authorized Official of the participating Member. Specific protocols for requesting aid shall be provided in the required procedures (Article IV). 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, the Authorized Representative shall inform, as soon as possible, the Requesting Member whether it has the resources to respond. If the Member is willing and able to provide assistance, the Member shall inform the Requesting Member about the type of available resources and the approximate arrival time of such assistance. Discretion of Responding Member's Authorized Official: Execution of this Agreement does not create any duty to furnish assistance when requested. When a Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the availability of resources. An Authorized Member's decisions on the availability of resources shall be final. ARTICLE VI RESPONDING MEMBER PERSONNEL National Incident Management System: When providing assistance under this Agreement, the Requesting Utility and Responding Utility shall be organized and shall function under the National Incident Management System. Control: Responding Member personnel shall remain under the direction and control of the Responding Member. The Requesting Member's Authorized Official shall coordinate response activities with the designated supervisor(s) of the Responding Member(s). Whenever practical, Responding Member personnel must be self sufficient for up to 72 hours. Food and Shelter: The Requesting Member shall supply reasonable food and shelter for Responding Member personnel. If the Page 3 of 7 ARWARN Mutual Aid Agreement Mayl I.doc Requesting Member fails to provide food and shelter for Responding 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 reimbursing the Responding Member for all costs associated with providing food and shelter, if such resources are not provided. Communication: The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information to program existing radio, in order to facilitate communications with local responders and utility personnel. Status: Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Licenses and Permits: To the extent permitted by law, Responding Member personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. Right to Withdraw: The Responding Member's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Official as soon as possible, and will be effective when made or sent by the responding member, who shall have no further obligations or responsibilities thereafter. ARTICLE VII COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Requesting Member shall reimburse the Responding Member for each of the following categories of costs incurred while providing aid and assistance during the specified Period of Assistance. Personnel: Responding Member personnel are to be paid for work completed during a specified Period of Assistance according to the terms provided in their employment. The Responding Member designated supervisor(s) must keep accurate records of work performed by personnel during the specified Period of Assistance. Requesting Member reimbursement to the Responding Member must consider all personnel costs, including salaries or hourly wages, costs for fringe benefits, and indirect costs. Page4of7 ARWARN Mutual Aid Agreement Mayl 1 .doc 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 must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Member must provide such rates in writing to the Requesting Member prior to supplying resources, Reimbursement for equipment not referenced on the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. Materials and Supplies: The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost for use of expendable or non -returnable supplies. The Responding Member must not charge 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 supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. Payment Period: The Responding Member must provide an itemized bill to the Requesting Member for all expenses it incurred as a result of providing assistance under this Agreement. The Responding Member must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Requesting Member should pay the bill in full on or before the ninetieth (90th) day following the billing date. In 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 Declaration. ARTICLE VIII WORKER'S COMPENSATION CLAIMS The Responding Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. ARTICLE IX INSURANCE Each Participating Utility shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself if and what kinds of insurance, and in what amounts, it should carry. Page5of7 ARWARN Mutual Aid Agreement Mayl 1.doc ARTICLE X EFFECTIVE DATE This Agreement shall be effective after the City of Fayetteville's authorized representative executes the Agreement and the State Committee Chair receives the Agreement. The State Committee Chair shall maintain a master list of all members of the Mutual Aid and Assistance Program. ARTICLE XI WITHDRAWAL A Member may withdraw at any time from this Agreement by providing written notice of its intent to withdraw to the State Chair and the member shall have no further responsibilities, obligations, or liability of any nature in connection with this agreement. ARTICLE XII MODIFICATION No provision of this Agreement may be modified, altered, or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the agreement. Modifications require a simple majority vote of Members. The State Committee Chair must provide written notice to all Members of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Members. ARTICLE XIII PRIOR AGREEMENTS This Agreement supersedes all prior Agreements between Members to the extent that such prior Agreements are inconsistent with this Agreement. ARTICLE XIV PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES This Agreement is for the sole benefit of the Members and no person or entity must have any rights under this Agreement as a third -party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and must be without effect. ARTICLE XV TORT IMMUNITY This agreement shall be governed by the law of the State of Arkansas, including, but not limited to, the provisions of A.C.A. Page 6 of 7 ARWARN Mutual Aid Agreement Mayl 1.doc §21-9-301 regarding immunity from tort liability, 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, and, 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 set forth in this Agreement, the its intent to be a Member of the Assistance Program for Water and executing this Agreement on this 2011. of the covenants and obligations City of Fayetteville manifests Arkansas Mutual Aid and Wastewater Utilities by Z I SF day of juAre .tom Water/Wastewater Utility: City of Fayetteki By: i�`��,., �- By: 1 ► 1/ Title: itilities Director Title: Mayor Lioneld Jordan Please Print Name Page7of7 David Jurgens Please Print Name ARWARN Mutual Aid Agreement Mayl 1.doc David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 21 -Jun -11 City Council Meeting Date Agenda Items Only Utilities Director Division Action Required: Utilities Department Approval of 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. Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Water and Sewer Funds Used to Date Program / Project Category Name Water/Sewer Remaining Balance Fund Name Budget Adjustment Attached 4.J...,,_ Finance and Internal Services Director 2ZJ,,1) Date -3.2011 Date Date 4'44i D e D to Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 60-00 5/16/2000 Received in City Clerk's Office 06-02-1 1 P02:55 Comments: Revised January 15, 2009 a'F�eville CITY COUNCIL AGENDA MEMO MEETING DATE OF JUNE 21, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Co 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 CCMemo Junl 1 .doc RESOLUTION NO. A RESOLUTION APPROVING A WATER AND WASTEWATER MUTUAL AID AGREEMENT THROUGH THE ARKANSAS WATER AND WASTEWATER AGENCY RESPONSE NETWORK, AND ASSIGNING THE UTILITIES DIRECTOR AS THE AUTHORIZED OFFICIAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a water and wastewater mutual aid agreement through the Arkansas Water and Wastewater Agency Response Network, a copy of which is attached as Exhibit "A", and assigns the Utilities Director as the authorized official for the City of Fayetteville. PASSED and APPROVED this 21st day of June, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer • RESOLUTION NO. 60-00 • rte. n, 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. NT ; e' t APPROVED: 4 ATTES By: ‘71). *o~eet<7 Heather WoodruffCityC By: I T • • EXHIBIT A ARKANSAS RURAL WATER ASSOCIATION MUTUAL ASD 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 II. 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 aII personnel to the assisting utility, after providing the assistance requested, to their residence or place of work, whichever is first to occur. ARTICLE III. 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: m x 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 IV. 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 Decla ration. 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 VL 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 C ("CY OF FA Ye iri u, Lc,c duly executes this Arkansas Rural Water Association Mutual Aid Agreement this it.. day of/0,7.1yj v Participating Utility: Sign: Attest: ...416,4110 r,.. Acknowledged and Accepted: ARCA r By: Date: UIL& /g, BOO