HomeMy WebLinkAbout02/20/2001, C3 - WATER AGENCY RESPONSE NETWORK MUTUAL AID AGREEMENT V I V
council MwiftD�
Feb. 20 2001
2A
acenaa RepoRt 1�N.Av C3
CITY OF SAN .LUIS OBISPO
FROM: John Moss, Utilities Directod
Prepared By: Gary Henders Water Division Manager es-ii 1
SUBJECT: WATER AGENCY RESPONSE NETWORK MUTUAL AID
AGREEMENT
CAO RECOMMENDATION
Support Proposed Revisions to the Water Agency Response Network 1996 Omnibus Mutual Aid
Agreement to Include Wastewater Agencies.
DISCUSSION
On November 18, 1997, the City Council authorized the Utilities Director to execute the Water
Agency Response Network 1996 Omnibus Mutual Aid Agreement. The Water Agency Response
Network (WARN) is an emergency response mutual aid agreement for public and private water
utilities. The WARN program provides the contractual relationship which allows agencies to the
agreement to share resources during emergency situations. Requests for assistance, both personnel
and equipment, are at the discretion of the participating agencies.
The State Steering Committee has recommended to the WARN signatories the merger of the
WARN and WWARN (for wastewater agencies) programs. The merger of the two programs will
include more agencies under one agreement and will provide mutual aid to the City of San Luis
Obispo for emergencies related to both the water and wastewater systems. The City of San Luis
Obispo is not currently covered by the agreement for issues relative to wastewater operations.
Attachment 1 is a legislative draft which outlines the revisions to the agreement to provide for
the merger of these two programs and provide clarification of other minor issues. The intent of
the agreement remains the same as the original agreement which was executed by the City.
Signatories to the agreement are being asked to inform the committee of whether they support the
proposed changes to the agreement. If the proposed changes are supported by majority of the
agencies, the agreement will be amended and there will not be a need to re-execute the
agreement.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action..
ALTERNATIVES
The Council can direct staff inform the committee that the City does not support the revisions. If
the majority of the agencies support the revisions, the City has the option to terminate our
CM
Council Agenda Report- Water Agency Response Network Mutual Aid Agreement
Page 2
participation in the program. This alternative is not recommended since the City may need
assistance in the future from outside resources and the City is not required to.provide other
agencies assistance unless the City has adequate resources available at the time of the request.
ATTACHMENTS
1. Legislative Draft of Revisions to the Water Agency Response Network 1996 Omnibus
Mutual Aid Agreement
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Water/Wastewater Agency Response Network (W3ARN)
3896 2001, Omnibus Mutual Aid Assistance Agreement
WHEREAS,the California Office of Emergency Services (OES), the Department of Water Resources (DWR),
the Department of Health Services (DHS) 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
assistance aid agreements between water agencies; and
WHEREAS,the Water Agency Response Network (4-WARN)was originally created to provide a forum for the
development of mutual assistance aid agreements between water agencies in OES Coastal Region 449e4
, ,
SaR
_, __ , S _, SantaS� _,� of California; and later expanded
to all water agencies in the State of Califomia, and
WHEREAS,the Wastewater Agency Response Network (WWARN) was created to provide-a-sim_ilar plan for all
wastewater agencies in-the State of Califomia,,and
WHEREAS, the.WARN 4896 2001 OMNIBUS MUTUAL A49 ASSISTANCE AGREEMENT is a continuation of the
{I-WARN 49941996 OMNIBUS MUTUAL AID A^OCCAACAIT- Rev. , dated 1„1„ , ,994 and the WWARN 1997
OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements_for water agenciestc
provide mutual assistance to one another in times of emergency; and _
WHEREAS,
_. _
it is necessary to have a mutual
assistance agreement in place to support requests to FEMA for costs of using_assistance during an
emergency, and _
WHEREAS,the water or wastewater 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 wateF
agency whenever emergency personnel, equipment and facility assistance are provided from one watef agency
to the other; and
--_94i _-. .
ISTANGE AGREEMENT is a eeFitinkiatieR of the
• I dated july 1, 1994, and the W
WHEREAS,no water or wastewater agency should be in a position of unreasonably using its own resources,
facilities, or services providing such mutual aid assistance;and
WHEREAS,it is the intent of WARN to revise this._agreement it as necessary and to
annually publish a list of all water and wastewater 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 Act.
NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the
(Agency)
agrees to become a party to the WARN 4896__.Omnibus Mutual Aid Assistance:Agreement.
Date: By:
Title: C10-3
- A't"C�GI�M rcT+T
W3ARN 48M 2001'OMNIBUS MUTUAL AIB ASSISTANCE AGREEMENT
Emergency Contact List
WARN Region:
❑ Water ❑ Wastewater
Agency Name:
Address:
City: Zip Code:
County: Website::
24-Hr.Telephone No.:
Primary Emergency Contact.
Name: Telephone: ( )
Cell Phone: ( )
E-Mail:
Secondary Emergency Contact:
Name: Telephone: ( )
Cell Phone: ( )
E-Mail:
Emergency Operation Center.
Name: Telephone: ( )
Cell Phone: ( )
E-Mail:
Radio Frequency: Call Signs:
No. of Services:
The information provided on this page will be included in the WARN web site n......ow ARN�...a a-.e_ ..-
www.calwarn.org) . anyone VkjMV th-a 4FD--b to 4-0.
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WARN 1996 20011 OMNIBUS MUTUAL Ate'ASSISTANGE AGREEMENT
THis AGREEMENT is made and entered into by those water and_wastew-ter 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 and wastewater 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 - APPucAeaiTy. .This agreement is available to all water and wastewater agencies, public and private, in the
State of California.
Article II - ADmwtsTRATiom The administration of the Waterma_stewater Agency Response Network (W3ARN)will be
through RegieFFal WARN Regional Steering Committees (RSC) and a the State W3ARN State Steering Committee
The Regional WARN RSCs' )will be established by representatives from the signatory agencies in
that region. A chair and co-chair will be elected and act as administrators for that region. The chair will aPA represent
the region on the State W3ARN SSC SteeFiRg Gommi Each RegieRal W3ARN RSC SteeFing GeFnFnittee will sponsor
an annual meeting for signatory agencies, maintain a data base of all water and wastewater agencies who have signed
this agreement, and meet as a committee to address concerns and procedures for requesting mutual assistance aid in
that region. The regions will be comprised of one or more of the six OES mutual aid regions.
The State WARN SSC SteeFiRg Gemmiteo will include the chairs of the regional steering committees, and a
representative from the Department of Health Services (DHS), California Utilities Emergency Association (CUEA),
Department of Water Resources (DWR),andthe American Water Works Association (AWWA) Emergency Planning
Committee, and California Rural Water Association (CR_WA). At a minimum,the State WARN SSC SteeF+RgGemmi#ee
will meet annually and issue a list of pparticipating agencies' Th Emergency Equipment Data Base
-- --- _ Y._ ___ -- _. _
aaaaa4ly will be maintained on the W ARN website, managed by a volunteer agency,as appointed by the SSC:
Article III - DEFINITION oFEMERGENCY. "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 eithe-F a parry hereto and requires mutual
assistance.
Article IV - REouEsrs FoR ASSISTANCE: Requests for emergency assistance under this Agreement shall be directed to the
appropriate designated official(s)from the attarhed list of participating water and wastewater agencies.
When more than one County is�impacted by_a disaster, requests for mutual aid assistance under this Agreement,when meFe
,the Fequest should be channeled through the appmpFiWe RegieRal State Offine of
CUEA.000 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 NATuREoFAssisTANcE. 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.
Page 3 of 5
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W3ARN 4896 2001 Omnibus Mutual Aid Assistance Agreement
Article VI - LOANS of EoutpmENT. Use of equipment, such as construction equipment,vehicles, tools, pumps and
rRetefs generators, 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 equipment. 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 - ExcHANGEoFSuaaLiEs. 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 clean, 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 GuFFeRt applicable:salary or hourly wage
plus fringe benefits and overhead,and consistent with LENDER'S personnel union contracts or other conditions of
employment: Employees so loaned will be under the supervision and control of the BORROWER., BORROWER shall be
responsible for'iRGluding 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 responsible
for cessation or slowdown of work if LENDER's employees decline or are reluctant to perform any assigned tasks 4said
employees judge SUGh task to be unsafe.
Article IX - REIMBURSEMENT. The BORROWER agrees to reimburse the LENDER within 60 days_from receipt of an invoice
for assistance provided under this Agreement:
Article tX X - L/AB&ITrAND HOLD HARMLEss. Pursuant to Government Code Section 895.4, and subject to the
conditions set forth in Article XI, BORROWER shall assume the defense of,fully indemnify and hold harmless LENDER, its
Directors, Council laembers 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.
Page 4 of 5
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W3ARN 49N 2001;Omnibus Mutual Aid'Assistance Agreement
Article X XI $/GNATORY/NDEMNIIFICATION. 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 Ramal aid Agfeeeaer#
Agreement,the parties involved in rendering or receiving assistance agree to indemnify and hold harmless,to the Wiles%
--
each signatory to this mutual aid assistance agreement, whose only involvement is the execution and
approval of this Agreement, in the transaction or occurrence which is the subject of such claim, action, demand or other
proceeding. ' . Such indemnification shall include indemnity for all claims,
demands, liability, damages and costs, including reasonable attomeys'fees and other costs of defense,for peFseRal
injury,and property damage and workers compensation.
Article Xt XII, - WORKER'S COMPENSATION AND 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, he neRsidered te 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 this Agreement. BORROWER will reimburse LENDER
for all costs, benefits, and expenses associated with workers compensation and other claims. LENDER is responsible for
providing workers compensation benefits and administering workers compensation claims subject to the reimbursement
terms of this agreement. BORROWER will reimburse LENDER for workers compensation costs, benefits_and expenses on a
quarte0y_basis or on other t_e_rmsmutually_agreed_upon by LENDER and BORROWER-.
negligenGe).
Article X8 XIII - MODIFICATIONS. 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 signatory 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.
aGG*6taRGe pFevided uRdeF this AgFeement,the BORROWER may be F89WiFed to have aGGeptable FEMA aGe9un4ing PFaGtwG8S iR
plaee at the time ef the Reed, and te t-he AWeAt t-hat Vh8 -RG-RRQ-M.fER seeks Slate fUl;diA@$OF any Gest assa6ated with assistance
(SEMS).
Article XIV - TERMINATION. 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 chairR�or_to W3ARN SSC Chair.
Article XV EFFECT. Agreement shall take effect for anew party immediately upon its execution by said party.
Article XVI - PmoR AGREEMENTS. To the extent that prior agreements between signatories to this Agreement are
inconsistent with this Agreement, all prior agreements for mutual assistance aid between the parties hereto are hereby
superseded. This Agreement supersedes _the_ WARN 1.99.6 Omnibus Mutual Aid Agreement and the
W WARN 1997 Omnibus Mutual_Aid_Agreement.
Article XVII - AR&TRAnom 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 - ToRTCLA/Ms. This Agreement in noway acts to abrogate or waive any immunity or defense available
under Califomia L--
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