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6 - Final recommendations on the Colorado's WaterWaste Water Agency Response Network (CoWARN), a mutual aid agreementCITY OF BOULDER WATER RESOURCES ~DVISORY B4ARD aGENDaITEM 11'IEETING DATE: December 17, 2007 AGENDA TITLE: Final Recommendation on the Colorado's ~~4'ater/t~~aste Water Agency Response Network (Cot?VARN}, a mutual aid agreement. PRESENTERiS: Felix Gallo, Transportation & Utilities Maintenance Coordinator E~ECL?TIVE SL?MMARY: ~1 inutual aid agreement and process for sharing ernergency resources arnong water and t~vastet~~ater agencies statewide is extremely beneficial. The possibility of a disaster, either natural or man-made, that would stretch the resources of the t~'ater and,~or ~uaste Water utility is very real. Without the assistance of outside resources during an emergency, the goal of protecting and providing services for our customers and residents may be unreachable. During these types of events, another local municipal utility u~ould be the Uest equipped and responsive to assist if requested. In turn, the city of Boulder Lltilities Division «~ould also make itself available to assist other municipalities in time of need. Colorado's Water/t~Vaste ti~Vater ~gency Response Network (CoWARN} is a network of utilities helping one another to prepare for natui•al or man-made disasters, oi•ganize response according to requirements and share personnel and other resources state~~~ide by agreement. There is no cost to participate, the a~-eement is consistent with the National Incident Managernent System (NIMS) and contains indeinnification and woi•ker's compensation provisions to protect the city and provide for reimbursement of costs as needed. STAFF REC011-711-7ENDATION: Staff reconunends approval of the proposed ordinance and mutual aid assistance agreement ( ~lttachment A}. COMh1UNITY SUSTAIN~BILITY ASSESSl~iENTS AND Il~IP~CTS: • Economic: A mutual aid agreement will help keep businesses and commerce functioning after an emei•gency event. Thei•e is no cost to participate. Participation will provide access to resources during an emergency without pre-contractual limitations and, thus, helps with the timely restoration of services to the customers and residents of the city. AGEND~ ITEAZ # P~GE 1 * Environmental: Reduces any possible utility-related environmental impact by virtue of having access to specialized resources and expedited arrival of aid. • Social: The ability to quickly respond to and restore utility-related services has a direct impact on the health of all of the customers and residents of the city. OTHER INIPACTS: • Fiscal: There is no cost to participate and responding to another utility's call for assistance is totally voluntary. If a response is approved, the agreement stipulates for cost recovery to the responding utility. * Staff time: No additional staff is required; this agreement would be managed via existing managers and approved by the city manager on a case-by-case basis. PUBLIC FEEDBACK: No public feedback has been received on this matter. ANALYSIS: A mutual aid agreement and process for sharing emergency resources among water and wastewater agencies statewide is extremely beneficial. This agreement would be consistent with other statewide mutual aid assistance programs and the National Incident Management System (NIMS). This agreement expedites the arY•ival of aid, increases planning and coordination, reduces administrative conflict and has the support of numerous national and state associations. Current members of CoWARN: Ara Tahoe Count Water & Wastewater Authori Metro Wastewater Reclamation District Aurora Water Monument Sanitation District City and County of Broomfield North Table Mountain Water & Sanitation District Cit of Brush Pros ect Mountain Water Co. City of Glendale Rural Community Assistance Partnership City of Louisville Silverthome/Dillon 7SA Clifton Sanitation District #2 South Adams Coun Water & Sanitation District Colorado Department of Public Health and South Dakota Environment Colorado Rural Water Association Town of Carbondale Denver Water Town of Monument Ea le River Water & Sanitation District Tri-Count Health De artment Greeley Water Pollution Control Water Solutions Inc. McClave Water Association, Inc. ATTACHMENT: A: Proposed ordinance and CoWARN Mutual Aid and Assistance Agreement AGENDA ITEM # PAGE 2 ATTACHMENTA - V`~ ORDINANCE NO. AN ORDINANCE ADOPTING AN INTERGOVERNMENTAL AGREEMENT ENTITLED COLORADO'S WATBR/WASTEWATER AGENCY RESPONSE NETWORK (COWARN) MUTUAL AID AND ASSISTANCE'AGREEMENT AND SETTING FORTH RELATED DETAILS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Secton 1. This Intergovernmental Agreement ("IGA") is made and entered into by municipalities and other public and private water and wastewater utilities that have, by executing this IGA, manifested their intent to participate in Colorado's Water/Wastewater AgencyResponse..Network_(CoWARN). Section 2. The city council adopts and approves the IGA, entitled Colorado's- Water/Wastewater Agency Response Network (Cowam) .Mutual Aid and Assistance Agreement attached and incorporated by this reference, and authorizes the City Manager and _ the Director of Public Works/iJtilities to.execute the same on behalf of the city., Section 3: Tlus IGA is authorized under Secflons 24-32-2113 and 24.110-101, et seq., of the Colorado Revised Statutes. Secfion 4. This ordinance is necessary to protect the public health, safety azid welfare of the residents of the city, and covers matters'of local concern. Section 5: The city cowicil deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of tlre.city clerk for public inspection azid.acgvisition. K:\WWAD\o-re CoWARN IGA-302.doe AGENDA ITEM No._ Page_ l ~ ~ - ,l INTRODUC\E(D, READ ON FIlZST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 4C' day of D ber, 2~7. Z~~ . Mayor ATTEST: City Clerk on behalf of the Director ofFinance and Record READ ON SECOND READING, PASSED, ADOPTE/D, AND ORDERED .PUBLISHED BT' TITLE ONLY this _ day of._,~0t'17. 2008 Mayor . .ATTEST: -City Clerkon behalf of the Director of Finance and Record K:\WWAD\o-re CoWARN IGA-302.doc AGENDA ITEM No._ Pege_ _ Colorado's 1Nater/Wastewater Agency Response Network (Co1NARN) Mutual Aid a.nd Assistance Agreement This,A9I`eement is made and. entered into by .public and private Water aril Wastewater Utilities that. have, by executing `this Agreement, manifested..their, intent to participate in Colorado's Water/Wastewater Agency Resporise Network:(CgWARN). This Agreement. is authorized' under Sections .24-32-213 and 24]ip-101, et seq:, of the Golnrado Revised Statutes. ARTICLE S. PURPOSE Recognizing that, emergencies rpay require assistance in`the form of personnel,, equipment, and supplies from outsitle=fhe area. of impact,. the'signatory. utilities established CoWARN. Through CoWARN; Members coordinate . . response. activiEies and share resources' during emergencies, This Agreement sets forth 'the procedures and standards for the.administration of CoWARN. . ARTICLE II: DEPINTfSONS A. Emergency=A natural or.manmade event that is, oY is likely to.be, beyond the control of the services, personnel, :equipment; and facrlities of a Member Aahorlage of untreated (ra,iv) water, a decline in.well yields, or inadequate capacity for treatmentor delivery of treated water i5 not an Emergehcy. . B, Member=Any public or private Water or Wastewater. Utility that manifests intent to participate in CoWARN . by executing this Agreement. C. Authorized OfFcial-An employee of a• Mernb'er that is authorized by the Member's. governing board, or management to request assistance or offer assistance under.this Agreement. D. Requesting:Member-.A Member who requests assistance under CoWARN. E. R'espon'dih'g Member=A. Memberthat responds to a.'request•for assistance under.Co1NAR!N_ F. 'Period oftissi'stanae-p:;speeified period of time when a.Responding Member assists;a Requeseing Member. The period comrnehces when personnel, equipment; or supplies depart from ~a Responding Member's facility afid ends when the resources .return to then`facility' ('portal to portal):. All..protections' identified ip the ,4gr~ement apply during; thus period.. The specified Period 'of Assistance m8y occur during response to or recovery from an :Emergency, as previously defined. G. National Iricideht .Management System (NIMS)-A national, standardized approach to incident' management and response that sets uniform processes and procedures for emergency response operations. http•//www fema gov/emergency/nims/indexshtm ARTICLE III. ADMINISTRATION GoWARN shall .be administered through Regional Committees and a Statewide Co'mmitte'e. The purpose of :a Regional .Committee is to provide local coordination of CoWARN before; during, 'and after an Emergency. The. Statewide Comrn;ittee~will esta'b(ish th'e regions pursuant to its Bylaws: EacYi,Reg'onal'Committee, under the Revised 11/26/0T ~ ~~'ti~.~~+TD~, 1,'z'7jillL{ ~ls~'4+' ',i feadership..o`F an.elected Chairperson, shall rneet.at'least annually°ta addr..ess CoWARN issues.artd tq xevfew Emergecy preparedness a:pd response procedures. TFre .Eharrpersbn of each::Regioriat Committee represents hrs/her Regiorra..l Gomf!'~it#ee's mterestg on the Statewide Committee'. ~n addition. to representing the .interdsts. ofi the:M.embers, the Statewide Committee includes representatives from the Colorado Department of Public Health and Environment, the Rocky Mountain Section of the American Water Works Association, the Rocky Mountain Water Environment Association,. -the .Colorado Rural Water Rssociatfon; the Rural Community ' Assistance Partnership, and tfie Colorado Department of Local Affairs Division of Emergency Management. Pursuant to its. Bylaws, the Statewide Committee may vote to include representatives from additional organizations: Under the leadership of the Chairperson; the .Statewide Committee members shall plan 'and coordinate Emergency planning and response activities for CoWARN. ARTICLE IV. REOUEST9 FOR ASSISTANCE A. Member Ggntactss Upgn execution of this Agreement; Members sliafl'ldentify an Authorized Official and alternates, provide-corita'ct information: Indluding 24-hour access, and maintain resource fnformatfon made available by-the Member for mutual aid and assfstance response. The Reg9onal Cornmfttee Chairperson: shall maintain a list of all Members in the' respective region .and their contact information: The Statewide Gorrrmittee Chairperson. shall maintain a '.master"ifst oi^ .all''Members` of CoUVARN .and their contact 'information; whicFr shalt b'e available to.Mem_bers at:wwvv:cowarn.ora, B Regtl~s(s for.~lssrstancez In'tle' event of>an Emergency, .a Member$ Authorized Offiaa[ nay request mutual ,aid' and- assistance from participating Members. fequests fbr assfstance can tie made orally. qr iin writing. When~made'aralty, the request for•personnel;:equipmertt; and sup'piies shall'.be prepared fn vdrit'tng- as soon as practicable. Requests ;fo.r. •assfstance Shall be directed to the Attthorizetl Officials of the participating Members. The Requesting Member shall provide the participating Members with the following rnformatran: 1.. a ,general tlescrfpeion-of the:dacnage'sustained; Z. t(~e_ part of the water/wastewater system for which assistance is needed 3. the amount and type ofpersonnel;. equipment, materials; and supplies needed and, a reason. able estimate of`the length of`time-they will be needed; 4. the present weather conditions and the forecast for the next twenty-four (24) hours; 5: a specifc time antl place fora representative of the: Requesting Member to meet the personnel and equipment of the: Responding [vc'ember(5); and' b. the identification of work conditions and .special constraints, such as. availability of fuel supplies; lodgingjmeal suppoit, medical.facilities, security; communications, etc. C. Response.to a RequestforASSistance:.Afte~ a Member receives a request for assistance, the Authorized Official evacuates whether resources. are available to respond to the request for assistance. Following the evaluation, the Autho€ized Official shalt inforn!i;. as soon as possibce, the Requesting:Memberwhcther it has: the resources to respond., If a Member'fs willing and able to provide• assi5tance,:.ttie. Member shalt provide the Requesting Member with the following iriformatan:. i. a .complete description of the personne(;: equiprrment and materials- ao be furnished to th.e Requesting Member; 2: the estimated length of time the personnel; equipment and materialswill be auaifable; 3: the work experience and ability of tfre personnel and the capali.lity of the. equipment to be `furnished; Revised 11/26/07 4. the name of the person or persons to be designated as supervisory personneb; and 5: the estimated time when the'. assistance. provided will arrive at the. location designated by the Authorized Official of the Requesting Member. D. Discret(on pfResponding MernbersAuthorized Officiak Execution of "thisAgreement does not create anX~ duty to respond to a request 'for assistance When a Member receives :a request f,.or assistance, the Authorized Official shall have absolute d'ISCretio.n as to the 9vailability of resources. An Authorized OfFicial's .decisions ari the availability of resources shall be fnal. ARTICLE V. RESPONDING MEMBER PERSONNEL AND EQUIPMENT A. Nafional Incident Management System (NIMS): When providing assistance under this Agreement; the Requesting Member and Responding Member shall be organized and shall function under NIMS, B. Control: The personnel and equipment of the Responding Member shall remain, at all times, under tile. direct supervision and control of the designated :supervisory personnel of the Responding Member. In instances where only equipment is provided by the Res:poriding Member, the ownership of said equipment shall remain with the Responding Member; and- said equipment shall be returned to the Responding .Member immediately upon request. Representatives of the Requesting: Member shall suggest work assignments and schedules for fihe personnel of the Responding Member; however, :the designated supervisory ;personnel. of the Responding Member shall have the exclusive responsibiUty and' authority for assigning 'wbrk and -establishing` work schedules for the personnel .of 'the Respohding Member;. 'The designated supervisory` personnel'. shall maintain daily personnel time. records rand a log :of equipment hours, be responsible.for the operationand maintenance of the equipment furnished by the Responding T~1ember, and report work progress to the.:Requestng Member. C.: Food and She/ter,• The Requesting Member shall supply reasonable" food. and shelter for Responding 'Member personnel during the Period of Assistance. If the Requesting Member fails to provide food and shelter for Responding Member personnel; the Responding Member's designated supervisor is authorized to secure the resources necessary to meet the needs of its personnel: The cost for such resources must nqt exceed the state per diem rates for-that a. rea. The. Requesting Member. remains responsible- for reimbursing the .Respohding Member for all costs associated with providing food and shelter, :if the Requesting Member does _not provide such resources,. D. Communication: llie Requesting. Member shall provideResponding Member personnel with radio equipment as.ayailable; qr radio frequency information,. in order to facilitate :eommuriications with-local responders and utility personnel. ii E. Status: Uniess otherwise provided- 6y law, the Responding Member's officers and. employees retain the same privileges,, immunities, rights; duties,.and benefits as provided in their respective jurisdictions. F. Licenses and Permits; To the' extent permitted by law, Responding Member personnel who hold licenses, certificates, or permits evidencing professional, mechanical, br other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials tluring the specified Period of Assistance. Revised 11/Z6/07 G. Right to Withdraw: The Responding Member's Authorized OfFtcial 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 assoorr as possible, ARTICLE VI, 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. A. Personne% Responding Member personne! are to be paid for work completed during a specified Period of Assistance according fo the terms provided in their employment .cdntiaets or other conditions 'of _ employment; The Responding Member designated supeniisor(s} must keep accurate records of yuork 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; cdsts for fringe benefits;. and indirect costs. B. Equipment.• The Responding Member shall be reimbursed for the use of its equipment during the Period of Assistance actording to the Schedule of Equiprrient Rates established. and published by the: Federal Emergency Management Agency (FEMA}, http //w+niw fema gavlxls/aoyernmeht%aranffpa/eosch zls. Rates _ for equipment-not referenced on the FEMA. Schedule of Equipment Rates shall be developed based on acti3a( recovery of costs, C. Nfateria/s and Supplies: The Requesting Member must reimburse fhe Responding. `Member. in kind -or at °actuat replacement cost; plus handling .charges, far use of ezpendable.'or non-re'turhable supplies.'The' R'e'spgnding Member must ndt'charge direct fees or rentaP icha'rges to the: Requesting M'emb~r forother supplies and reusable items. fhat" ar'e returned fo> the Responding Member in aclean,.-damage-free ' condtion. Reusablesupphes that ace return2d to the.Respond~ng Member wifki damage must be treated as expendable supplies'for purposes of cost reimbursement. D. 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 hot later than ninety (90) -days following the end of the Period of Assistance. Thee Requesting Member must pay the bill in full on or before the forty-fifth .(45th) day following the' bill"ing date. Unpaid bills become delinquent on the forty-sixth (46th) day following the billing date; and, once delinquent, the bill accrues interest at the bank prime loan rate; as reported in.the Federal Reserve Statistical Release H.15; http:!/www:federaireserve:gov/releases/H15/uodatef for the date he request is .made, plus two percent (2%) per annum, coinputed.on an actual days/acfuaf days basis. A`RTIClE'VII. tIABILI`f'(,.INSURANCE. ANU'IMMUNITY Notwithstanding Articles V and VI; each Member shall bear the risk of its own actions,. as it does with its day- to-day operations; and. deterrriine for itself what kihds of insurance; and in what amounts, it should carry. Nothing contained herein will. constitute a waiver by any Member of the provisions of the Colorado Governmental Immunity Act, C.R.S. § 2410-101, et seq. Revised ]:1/Z6(07 3~.a_~-_ - ARTICLE VIII. SIGNATORIES Ih the event of a claimm; demand, :action,. 'or proceeding of whetever kind or nature arising out of a specified Period of Assistance, those Merribers who receive and provide.assistance shall be fatally responsible for.apy. liability; damages; or casks:, Those. Membe, cs whose involvement in the. subject transaction or occurrence is limited 'tq executioh of this Agreement shall. have no liability or re§ponsiliility whatsoever for any such claim; action, demand;; or ofherproceeding. ARTICLE IX. NOTICE A Member that becomes aware of .a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affecf other Members of this Agreement shall provide prompt and, timely notice'to the Members that may be affected by the. suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its owh interests. ARTICLE X. EFFECTIVE DATE AND TERM This Agreement shall be effective after'the Member executes- the Agreement and the. applicable ,Regional Committee Ghairpersori receives. the Agreement. This Agreement shall continue in force. and remain binding op each .and. every Member until December 31st of 2027. This Agreement may be renewed for a period of`twe'nty years upon the signature of those Members who wish to participate:. Any Member may terminate its. participation in this AgreemeriYpursuant to: Artide~XS. AR73'CCE Xh WITHDRAWAL A Member may withdraw from CoWARN by providing :written notice of its intent fo withdraw to the applicable Regional Committee Chairperson. Withdrawal fakes effect 'sixty '(.60) days after 'the Regional Committee Ghaicperson.receives notice, A withdrawing Member also shal} proVide:copies of the notice of withdrawal to the Statewide Chairperson and all Regional Members. Withdrawal pfi participation :in CoWARiV by a Member Shall not affect the continued: operation of this•.Agreement:between and among fhe'remainm:g Members;. ARTICLE XII:.. MODIFICATION IVo provision offhis Agreement maybe modified; alfered, or rescinded by individual Members. Modifications to this Agreement may .be due- to ,programmatic operational diariges to support the Agreement. Modifications. require. a simple majority vote of Members within each region and .a unanimous agreement among the regions, The Statewide Committee Chairperson must provide written notice to all Members of approved modifications to this Agreement. Approved modifications take effect Sixty (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 Revised 11/26/07 .,.-.-.a_.,,R~H. ~ l T(iis Agreement is for fhe sole benefit of':the Members; :and no persori or entity must; have :any rights under this Agreement as a third-party benefic{ary.: Assignrnerifs of.t;enefits and delegations of dirties created 6y this ~Agr;eement are prohibited and must be without e~Fect:, Now, therefore, in consideration of the covenants and obligations set forth in this Agreement, the Water or Wastewater Utility listed here manifests its intent to be a Member of CoWARN by executing this Agreement an this day of 20_. vVaterJWastewater lJtility: By: titled Authorized Officials: Name:.. Rhone:. Name: Rhone: Name: PPianer ' I~airie: ~ Plidne: 24'-hnur.contact: Phone: Revised 11/26/07 n.-- r-, 1 CITY OF BOULDER, COLORADO By: Frank W. Bruno, City Manager 1777 Broadway Boulder, CO 80302 Telephone (303) 441-3090 Fax (303) 441-4478 Attest: City Clerk on behalf of the Director of Finance and Record Approved as to form: City Attorney