HomeMy WebLinkAbout11/18/1997, C-6 - WATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT council MNov.�e
Nov. 18, 1997
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CITY OF SAN LU IS O B 1 S P 0
FROM: John Moss, Utilities Director i/ilk
Prepared By: Gary W. Henderson,Water Division Manager 4-.ru
SUBJECT: Water Agency Response Network Mutual Aid Agreement
CAO RECOMMENDATION
Authorize the Utilities Director to execute the'Water Agency Response Network(WARN) 1996
Omnibus Mutual Aid Agreement.
DISCUSSION
Utilities staff recently became aware of a statewide mutual aid program for water utilities. The
Water Agency Response Network (WARN) is an emergency response mutual aid agreement for
public and private water utilities. The WARN program was developed in 1992 by East Bay
Municipal Utility District (EBMUD) and a group of water agencies in northern California to
improve coordination of mutual aid among water utilities in their region. In March of 1996, the
WARN program was expanded to make it available to all public and private water utilities
throughout the state.
Becoming part of the statewide WARN program will enable the City to establish a contractual
relationship which will allow the agencies to the agreement to share resources during
emergencies. Requests for assistance, both personnel and equipment, are at the discretion of the
participating agencies. The agreement contains indemnification and workers compensation
provisions to protect participating utilities, and it provides for reimbursement of costs between
utilities sharing resources. It also meets the Federal Emergency Management Agency (FEMA)
mandates requiring utilities to have mutual aid programs in place before FEMA will consider
reimbursing for expenses incurred while assisting another utility in their recovery efforts.
If the City is faced with a serious countywide emergency, local agencies will likely be faced with
more problems than area resources can handle. As a part of a statewide response network,
resources from outside the area can be quickly assembled to respond to the City's request for
assistance.
The program is currently supported by staff from several large agencies throughout the state
(EBMUD, Metropolitan Water District, Sacramento, etc.). There are currently no costs to
agencies for participation in this mutual aid agreement.
C �G��
Council Agenda Repott• WARN,.Agreement.
Page;2
CONCURRENCES
The City Attorney and Fire Chief have 'both reviewed tiie document and concur with .the
recommendation.
FISCAL IMPACT
There is no fiscal impact associated'with the recommended action.
Attachment: .A. Water Agency_Response Network 1996Omnibus Mutual Aid Agreement
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W, ,r Agency Response Networ` WARN)
1996 Omnibus Mutual Aid Agreement
WHEREAS,the California Office of Emergency Services (OES), the Department of Water
Resources (DWR), the Department of Health Services (DOHS) and the California Utilities
Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to
facilitate and encourage water agency mutual aid agreements between water agencies; and
WHEREAS, the Water Agency Response Network ll-WARN was originally created to provide a forum
for the development of mutual aid agreements between water agencies in OES Region II (Del Norte,
Humboldt, Lake Marin, Mendocino, Napa, Solano, Sonoma, Aalmeda, Contra Costa, San Francisco,
San Mateo, Monterey, San Benito, Sanata Clara, and Santa Cruz Counties) of California; and
WHEREAS, the success of II-WARN has provided the basis to expand the program to all water
agencies in the State of California in the other OES regions, and
WHEREAS, the water agency hereto has determined that it would be in its best interests to enter
into an agreement that implements that plan and sets forth procedures and the responsibilities of
the water agency whenever emergency personnel, equipment and facility assistance are provided
from one water agency to the other, and
WHEREAS, the WARN 1996 OMNIBUS MUTUAL AID AGREEMENT is a continuation of the
II-WARN 1994 OMNIBUS MUTUAL AID AGREEMENT Rev. 1 dated July 1, 1994, and sets forth
the mutual covenants and agreements for water agencies to provide mutual assistance to one
another in times of emergency; and
WHEREAS, no water agency should be in a position of unreasonably using its own resources,
facilities, or services providing such mutual aid; and
WHEREAS, it is the intent of WARN to renew this agreement and revise it as necessary and to
annually publish a list of all water agencies participating in this agreement; and
WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in
Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with
Articles 14 and 17 (Section 8630 et seq.) of the Ad
NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the
(AGENCY)
agrees to become a party to the WARN 1996 Omnibus Mutual Aid Agreement.
AUTHORIZED by:
fwd
*GeneralPounsell
s form General Manager Utilities Director
Date: Date:
Date: /e•so• f l
Please return a signed copy of this pa_oe, plus the information requested on Pave 2 to:
Terrell J. Rankin, WARN Chair, Southern Region
c/o Metropolitan Water District
P. O. Box 54153
Los Angeles, California 90054
Telephone No. 213 217-6275 C�4�3
Page 1 of 5
WARN 1996 OMNIBUS MUTUAL AID AGREEMENT
Emergency Contact List
Agency Name:
Address:
City: Zip Code:
County:
Primary Emergency Contact: _
Name: Telephone: ( )
Cell Phone: ( )
Pager. ( )
Secondary Emergency Contact:
Name: Telephone: ( )
Cell Phone: ( )
Pager. ( )
Emergency Operation Center.
Name: Telephone: ( )
Cell Phone: ( )
Pager. ( )
Radio Frequency: Call Signs:
No. of Services:
Other Information:
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WARN 1996 OMNIBUS MUTUAL AID AGREEMENT
THis AGREEMENT is made and entered into by those water agencies who have adopted and
signed this agreement to provide mutual assistance in times of emergency in accordance with
the California Emergency Services Act and the California Disaster and Civil Defense Master
Mutual Aid Agreement; and to provide reimbursement for equipment,supplies and personnel
made available on an emergency basis.
All of said water agencies being herein referred to collectively as"the parties."
In consideration of the mutual covenants and agreements hereinafter set forth,the parties agree
to provide mutual assistance to one another in times of emergency as follows:
Article I - APaucAerurr. This agreement is available to all water agencies, public and private,
in the State of California.
Article II - ADmimsTRAnom The administration of the Water Agency Response Network
(WARN)will be through Regional WARN Steering Committees and a State WARN Steering
Committee.
The Regional WARN Steering Committee(s)will be established by representatives from the
signator agencies in that region. A chair will be elected and act as administrator for that region
and represent the region on the State WARN Steering Committee. Each Regional WARN
Steering Committee will sponsor an annual meeting for signator agencies, maintain a data base
of all water agencies who have signed this agreement, and meet as a committee to address
concerns and procedures for requesting mutual aid in that region. The regions will be comprised
of one or more of the six OES regions.
The State WARN Steering Committee will include the chairs of the regional steering committees,
and a representative from the Department of Health Services(DOHS), California Utilities
Emergency Association (CUEA), and the American Water Works Association (AWWA)
Emergency Planning Committee. At a minimum,the State WARN Steering Committee will issue
a list of participating agencies and an update of the Emergency Equipment Data Base annually.
Article III - DEFmnoN OF EMERGENCY. "Emergency"means a condition of disaster or calamity
arising within the area of operation of the parties, caused by fire, flood,storm, earthquake, civil
disturbance, or other condition which is or is likely to be beyond the control of the services,
personnel, equipment, and facilities of either party hereto and requires mutual assistance.
Article IV - REouEsTs FORAssrsraNcE. Requests for emergency assistance under this
Agreement shall be directed to the appropriate designated official(s)from the attached list of
participating water agencies.
Requests for mutual aid assistance under this Agreement,when more than one County is
impacted by a disaster, should be channelled through the appropriate Regional State Office of
Emergency Services or State Utility Operation Center to ensure maximum effectiveness in
allocating resources to the highest priority needs.
The party rendering assistance under this Agreement is referred to as LENDER;the party
receiving assistance is referred to as BORROWER.
Article V - GENERAL NATURE oFAssis7ANCE. Assistance will generally be in the form of
resources, such as equipment,supplies, and personnel. Assistance shall be given only when
LENDER determines that its own needs can be met while rendering assistance. The execution of
this Agreement shall not create any duty to respond on the part of any party hereto. A potential
LENDER shall not be held liable for failing to provide assistance. A potential LENDER has the
absolute discretion to decline to provide any requested assistance. Resources are to be made
available on a loan basis with reimbursement terms varying with the type of resource.
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WARN 1996 Omnibus Mutual Aid Agreement
Article VI - LoANS OF EQUIPMENT. Use of equipment, such as construction equipment,
vehicles,tools, pumps and motors, shall be at LENDER's current equipment rate and subject to
the following conditions:
(a) At the option of LENDER, loaned equipment may be loaned with an operator.
(b) Loaned equipment shall be returned to LENDER within 24 hours after receipt of an
oral or written request.
(c) BORROWER shall, at its own expense, supply all fuel, lubrication and maintenance
for loaned equipment.
(d) LENDER's cost related to the transportation, handling and loading/unloading of
equipment shall be chargeable to BORROWER.
(e) In the event loaned equipment is damaged while being dispatched to BORROWER, or
while in the custody and use of BORROWER, BORROWER shall reimburse LENDER for
the reasonable cost of repairing said damaged quipment. If the equipment cannot
be repaired,then BORROWER shall reimburse LENDER for the cost of replacing such
equipment with equipment which is of at least equal capability. If LENDER must
lease a piece of equipment while LENDER's equipment is being repaired or replaced,
BORROWER shall reimburse LENDER for such lease costs.
Article VII - EXCHANGE OF SUPPLIES. BORROWER shall reimburse LENDER in kind Or at actual
replacement cost, plus handling charges, for use of expendable or nonreturnable supplies. Other
supplies and reusable items which are returned to LENDER in a dean,damage-free condition
shall not be charged to the BORROWER and no rental fee will be charged; otherwise,they shall be
treated as expendable supplies.
Article VIII - PERSONNEL LENDER will make such employees as are willing to participate
available to BORROWER at BORROWER'S expense equal to LENDER's full Cost, i.e., equal to the
employee's current salary or hourly wage plus fringe benefits and overhead, and consistent with
LENDER's personnel union contracts or other conditions of employment, including all direct and
indirect costs associated with workers compensation claims. Costs to feed and house loaned
personnel, if necessary, shall be chargeable to and paid by BORROWER. LENDER will not be liable
for cessation or slowdown of work if LENDER's employees decline or are reluctant to perform any
assigned tasks if said employees judge such task to be unsafe.
Article IX - Lb4BILRYANDHOLD HARMLEss. Pursuant to Government Code Section 895.4,
BORROWER shall assume the defense of,fully indemnify and hold harmless LENDER, its Directors,
Council Members or Supervisors, its officers and employees,from all claims loss, damage, injury
and liability of every kind, nature and description,directly or indirectly arising from the
BORROWER'S work hereunder, including, but not limited to, negligent or wrongful use of
equipment, supplies or personnel on loan to BORROWER, or faulty workmanship or other
negligent acts, errors or omissions by BORROWER or by personnel on loan to BORROWER from the
time assistance is requested and rendered until the assistance is returned to LENDER'S control,
portal to portal.
Each party hereto shall give to the others prompt and timely written notice of any claim made or
any suit instituted coming to its knowledge,which in any way, directly or indirectly, contingently
or otherwise, affects or might affect them, and each shall have the right to participate in the
defense of the same to the extent of its own interest.
Article X - LtmuTy FOR JOINING. In the event of a liability, claim, demand, action or
proceeding, or whatever kind or nature arising out of the rendering of assistance through this
mutual aid Agreement, the parties involved in rendering or receiving assistance agree to
indemnify and hold harmless,to the fullest extent of the law, each signator to this mutual aid
Agreement, whose only involvement in the transaction or occurrence which is the subject of such
claim, action, demand or other proceeding, is the execution and approval of this Agreement
Such indemnification shall include indemnity for all claims, demands, liability, damages and
costs, including reasonable attorneys'fees and other costs of defense, for personal injury and
property damage.
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WARN 1996 Omnibus Mutual Aid Agreement
Article XI - WORKER's COMPENSA77oNAND EMPLOYEE CLAIMS. LENDER'S employees, officers or
agents, made available to BORROWER shall, except as otherwise provided under Labor Code
sections 3600.2 through 3600.6, be considered to be the special employees of BORROWER and
the general employees of LENDER(as defined in Insurance Code 11663)while engaged in
carrying out duties,functions,or activities pursuant to the Agreement. The special employer, if
any, and general employer,shall indemnify and hold all other member agencies harmless from
any and all claims, liabilities or damages for personal injury incurred by such officers, employees
or agents while engaged in carrying out their duties, functions or activities,despite any passive
negligence of other member agencies(other than their sole and exclusive negligence).
Article XII - MoDircanoNs. No provision of this Agreement may be modified, altered or
rescinded by individual parties to the Agreement Modifications to this Agreement require a
simple majority vote of signator agencies to the Agreement within each region and unanimous
agreement between the regions. The State Steering Committee will notify all parties of
modifications to this Agreement in writing and those modifications shall be effective upon 60
days written notice to the parties.
Article XIII - RsuwRsEMENr. The BORROWER agrees to reimburse the LENDER within 60 days
from receipt of an invoice for assistance provided under this Agreement. To the extent that the
BORROWER seeks FEMA funding for any cost associated with assistance provided under this
Agreement,the BORROWER may be required to have acceptable FEMA accounting practices in
place at the time of the need, and to the extent that the BORROWER seeks state funding for any
cost associated with assistance provided under this Agreement,the BORROWER may be required
to use the Standardized Emergency Management System(SEMS).
Article XIV - TERMnvAnom This Agreement is not transferable or assignable, in whole or in
part, and any party may terminate their participation in this Agreement at any time upon 60 days'
written notice delivered or mailed to the appropriate WARN regional chairman.
Article XV - EFFEcT. Agreement shall take effect for a new party immediately upon its
execution by said party.
Article XVI - PRroR AGREEMENTS. To the extent that prior agreements between signators to
this Agreement are inconsistent with this Agreement, all prior agreements for mutual aid between
the parties hereto are hereby superseded. This Agreement supersedes the July 1, 1994 Rev. 1
II-WARN Omnibus Mutual Aid Agreement.
Article XVII - ARarrRArrON. Any controversy or claim arising out of or relating to this
Agreement or the breach thereof,shall be settled by arbitration in accordance with the Rules of
the American Arbitration Association and judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof.
Article XVIII - TORT CLAIMS. This Agreement in no way acts to abrogate or waive any
immunity available under the Tort Claims Act.
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