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.
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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.
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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
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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.
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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.
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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.
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§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