HomeMy WebLinkAbout05/05/2009 12 Mutual Aid and Assitance Interstate Agreement with the Water/Wastewater Agency Response Network BUSINESS OF THE CITY COUNCIL
4110 YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *17--
For Meeting of May 5, 2009
ITEM TITLE: Mutual Aid and Assistance Agreement for Washington State for Intrastate
Water/Wastewater Agency Response Network (WARN)
SUBMITTED BY: Dave Zabell, Assistant City Manager
Dave Brown, Water /Irrigation Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575 -6204
SUMMARY EXPLANATION: Recognizing that emergencies may require aid or assistance in the form
of personnel, equipment, and supplies from outside the area of impact from natural or manmade
disasters. Water and wastewater utilities from around the United States, through affiliation with the
American Water Works Association have developed a process for Mutual Aid and Assistance. This
network is very similar to the Mutual Aid Agreements Fire Departments currently use. This network is
also in response to several mandates from the Department of Homeland Security and the Federal
Emergency Management Agency.
s laws can be significantly different in each state the Mutual Aid and Assistance programs have been
developed for each state. The City of Yakima, through the Water /Irrigation Division, has been at the
forefront of developing the Network for Washington State.
Signatories on this agreement establish an Intrastate Network for Mutual Aid and Assistance called
Mutual Aid and Assistance for Washington State for Intrastate Water/Wastewater Agency Response
Network (WARN). Through the WARN, members may coordinate response activities and share
resources during emergencies.
As this network of Water and Wastewater Utilities grows, it will be administered through Regional
Committees and a Statewide Committee.
Resolution X Ordinance Other (Specify) Agreement Contract
Mail to (name and address): Copy only; Jim Harksen, DOH Security Coordinator PO Box 47822, Olympia, WA 985047822
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying Mutual Aid and Assistance Agreement for Washington State for Intrastate
Water/Wastewater Agency Response Network (WARN).
*BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R -2009-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Agreement with the numerous Water and Wastewater Utilities in
Washington State to cooperate in a network of water and wastewater
mutual aid known as the Mutual Aid and Assistance Agreement for
Washington State for Intrastate Water/Wastewater Agency Response
Network (WARN).
WHEREAS; emergencies may require aid or assistance in the form of personnel,
equipment and supplies from outside an area impacted by natural or manmade disasters;
through the Network, Members may coordinate response activities and share resources during
these emergencies; and
WHEREAS, the signatories (WARN Members) recognize the need to have a way of
rendering assistance during or after emergencies; and
WHEREAS, the signatories (WARN Members) recognize the need to have a way to
obtain reimbursement for assistance rendered; and
WHEREAS, the signatories (WARN Members) hereby establish an Intrastate Network for
Mutual Aid and Assistance; and
WHEREAS, through the WARN, Members (as further defined in the attached
Agreement) may coordinate response activities and share resources during emergencies; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
execution of the attached Agreement for the implementation of the Mutual Aid and Assistance
Agreement for Washington State for Intrastate WaterlWastewater Agency Response Network
(WARN), now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "Agreement for the implementation of the Mutual Aid and Assistance
Agreement for Washington State for Intrastate Water)Wastewater Agency Response Network
(WARN)" with numerous Water and Wastewater Utilities in Washington State.
ADOPTED BY THE CITY COUNCIL this 5th day of May, 2009.
ATTEST: Dave Edler, Mayor
City Clerk
1 Mutual Aid and Assistance Washington for Agreement on State for Intrastate •
g 9t
2 Water/Wastewater Agency Response Network (WARN)
3 As of 04/13 /09
4
5 This Agreement ( "Agreement") is made and entered into by public water and
6 wastewater utilities that have executed this Agreement
7
8 -
9 ARTICLE I
10 PURPOSE
11 - -
12 Recognizing that emergencies may require aid or assistance in the form of
13 personnel equipment, and supplies from outside the area of impact, the
14 signatories hereby establish an Intrastate Network for Mutual Aid and Assistance
15 (the "Network "). Through the Network, Members (as further defined in this
16 Agreement) may coordinate response activities and share resources during
17 emergencies.
18
19
20 ARTICLE II
21 . DEFINITIONS
22
23 A. Authorized Official — An employee or officer of a Member agency that is
•
24 authorized to:
25 1. Request assistance;
26 2. Offer assistance;
27 3. Decline to offer assistance;
28 4. Decline_to accept offers of assistance, and
29 5. Withdraw assistance under this Agreement
30 "
31 B. Emergency = A natural or human - caused event or circumstance causing, or
32 imminently threatening to cause; loss of life, injury.to person or property,
33 human suffering, financial loss, or damage to environment For
34 example, Emergencies may include fire, explosion, flood, severe weather,
35 drought, earthquake, volcanic activity, spills or releases of oil or hazardous
36 material, contamination, utility or transportation emergencies, disease, blight,
37 infestation, civil disturbance, riot, intentional acts, sabotage and war that are,
38 or could reasonably be beyond the capability of the services, personnel,
39 equipment 'and facilities of a Member to fully manage and mitigate by itself.
40
41 C. Member — Any public agency which provides . supply, transmission or
42 distribution of water; or collection, conveyance or treatment services of storm
43 water or waste water that executes this Agreement (individually a "Member"
Mutual Ald and Assistance Agreement for Washington State WARN
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® collectively the "Members"). The Members are further. classified as
y }
2 follows:
3 -
4 1. Requesting Member - A Member who requests aid or assistance under
s the Network.
6
7 2. Responding Member — A Member that responds to a request for aid or
8 assistance under the Network.
9
10 D. Period of Assistance — The period :of time when a Responding Member assists
11 a Requesting Member in response to a Request for Assistance. The Period of
12 Assistance commences when personnel, equipment, or supplies depart from
13 Responding Members facility and ends when all of theTesources returnto the
14 - - Responding Member's facilityij.e., portal to portal):
15
16 E. National Incident Management System (NIMS): The national, standardized
17 system for incident management and response that sets uniform processes
18 and procedures for emergency response operations.
19
20 F. Associate — Any non - utility participant approved by the Statewide Committee
21 that provides a support role for the Network (such as the State Department of
22 Health). An. Associate does not execute this Agreement
23
24
25 ARTICLE III
26 ADMINISTRATION
27
28 The Network is administered through Regional Committees, :and aStatewide
29 Committee.
30
31 A. Regional Committees: The State is divided into regions that are : :
32 , . geographicallythe same as-the existing Department ..of :Health Office of
33 Drinking Water regions `of the-state; with the 'exception thatthe eastern region
34 is :dividedto, create a central region: = ,Each, region has a-Regional.Committee.
35 - Each MemberW thin a region may appoint one person to be :a member of its
36 Regional -Comrnittee - Only-those Regional:Committee membersappointed by
37 - Members are entitled to vote on matters before the- .Regional-Committee. An
38 • Associate may be a non -voting member of a Regional Committee... Each
39 Regional!Committee shall elect a :Chair by majority vote of the voting
40 members of that Regional Committee and shall meet annually to review the.
41 , operations and procedures of the Network:-'
42
43 B. Statewide Committee. The Chaireof the Regional' Committees are the voting
44 members of the Statewide Committee. An Associate may be a non - voting
Mutual Aid and Assistance Agreement for Washington State WARN
242
1 member of the Statewide Committee. Further, the Statewide Committee also
•
2 may include as non - voting members representatives from the Washington
3 State Department of Health Office of Drinking Water, Washington State
4 Department of Ecology, Washington State Emergency Management Division,
5 Rural Community Assistance Corporation, Evergreen Rural Water of
6 Washington, Washington State Public Health Laboratory, EPA Region 10,
7 Washington Association of Sewer and Water Districts,, and the Washington
8 PUD Association. Under the leadership of a Statewide Committee Chair
9 elected by majority vote of the voting members of the Statewide Committee,
to the Statewide Committee shall plan and coordinate emergency-planning and
11 response activities for the Network :
12
13 C. Members' administrative activities shall bevoluntary and members shall not
14 be required to finance the administration of the Network, nor shall the Network
15 hold real or personal property.
16
17
18 ARTICLE IV
19 PROCEDURES
20
21 In coordination with the Regional. Committees, and emergency management and
22 public health systems of the State, the Statewide Committee shall develop and
23 adopt operational and planning procedures for the Network that are consistent •
24 with this Agreement. The Statewide Committee shall review these procedures at
25 least annually and shall update them as. needed.
26
27
28 ARTICLE V
29 REQUESTS FOR ASSISTANCE
30
31 A. Memberinformation: Promptly' after executing this Agreement thesignatory
32 Member shall deliver the following to the Statewide Committee: (1) a certified
33 copy of the action of Member's governing body that authorized the signing of
34 this'Agreement and (2) an original signed Agreement Each Member shall
35 identify an Authorized Official and one altemate•AuthorizedsOfficial.: Each
36 Member shall provide current 24 -hour contact information for its Authorized .:
37 . Officials to the Statewide Committee, which shall maintain a current list of all
38 Members and the contact information for their Authorized Officials. The
39 Statewide Committee shall' provide to all Members an updated version of this
40 list annually and Whenever there is an addition or withdrawal of a Member.
41 and whenever there is a change'of Authorized Officials' contact information.
42
43 B. Request for Assistance.. In the event of an Emergency, a Member's
44 Authorized Official may request mutual aid and assistance from Members
Mutual Aid and Assistance Agreement-for Washington State WARN
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«
1 (Request for Assistance"). Requests for Assistance may, be made orally or in
2 writing;•provided that when a_RequestforAssistance ismade orally, :the •
3 Requesting Memberishall, as:soonas practicable, identify and transmit in
4 writing the personnel; equipment and supplies requested. :Requesting •
5 Members °shall° direct Requests for Assislance.to.Authorized Officials : The
6 Statewide:Committee shall provide. specific protocols •. for. Requests. for
7 Assistance 'as part the procedures created pursuant to Article IV. of this
8 Agreement ,
9
10 C. Response to a Request for Assistance — Members•are not obligated to
11 respond to a Request for Assistance. 'Aftera Member receives a. Request for
12 Assistance; the receiving Member's. Authorized Official shall evaluate whether
13 to respond too -the Request for.Assistancelwhether resources are available to
14 respond, or if other circumstanceswould= hinder response: Following the
15 evaluation, the Authorized Official shall inform, as soon as possible the
16 Requesting Member whether the Member will respond to the Request for
17 Assistance. If the Member is willing and able to provide assistance, the
18 Member shall inform the Requesting Member of the type of available
19 resources and the approxirnate.arrival time of such assistance.
20
21 D. Discretion of Responding Member's Authorized .Official'— No Mernber has any
-22' duty respond to a Request :for -:Assistance. When a Member: receives a
23 Request for Assistance; the :Official' shall.-have sole and absolute •
24 discretionasto whether or.not:to respond -to the Requestfor,Assistance, and ::
25 if responding in the affirmative, to .determine the availability of resources to be
26 made available to the Requesting Member. The response of a Member's
27 Authorized Official regarding the availability of resources to a Requesting •
28 Member shall be final.
29
30 E. No Liability for Failure to Respond - No Member will be liable to any other
31 • Member for deciding not to respond to a- Request for Assistance. or,otherwise
32- failing to 'respond to a Requestfor Assistance. -All Members hereby :waive all
33 claims against all other Members arising from or relating:to :.any: Member's
34 • : ` decision to'not respond to • a- Request for Assistance or any Member's failure
35 to respond- to-a:Request for Assistance.
36
37
38 ARTICLE VI
39 RESPONDING MEMBER PERSONNEL
40
41 A. National Incident Management System When providing . assistance under
42 this Agreement, the Requesting Member and Responding Member are
43 encouraged (but are not obligated) to be organized• and- function under NIMS.
44
Mutual Ald and Assistance Agreement- for - Washington State WARN
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1 B. Coordination and Records — Employees of the Responding Member will
po g
2 remain under the and control of the. Responding Member to the
3 fullest extent possible. The Responding Member: is an independent
4 contractorat all- times. .The Member's.AuthorizedOfficial shall
5 coordinate response activities with:the- designated supervisor(s) the
6 Responding Member(s). The Responding Members designated supervisor(s)
7 shall keep accurate .records of work performed by personnel during the Period
8 of Assistance and for the equipment and supplies provided during work.
9
10 C. , Food and Shelter — Whenever practical, Responding Member personnel must
11 be self sufficient for up to seventy -two (72) hours. Whenever practical, the
12 Requesting .Member shall supply, adequate. food and shelter for Responding
13 Member personnel. If the. Requesting Member is unable to provide food and
14 shelter for Responding Member personnel,'the,Responding Member's
15 designated supervisor is authorized to secure the food and shelter:. necessary
16 to meet the needs of its personnel.
17
18 D. Communication — Thee: Requesting Member shall provide Responding
19 Member personnel with ...communications _ equipment as available, radio
20 frequency information to program existing radios if appropriate, or telephone
21 contact numbers, in order to facilitate communications with local. responders
22 ;and utility; personnel. Each: Requesting Member :-shall provide: contact
23 information for an individual with whom Responding Member's personnel may
•
24 coordinate while en -route for access, staging instructions and other logistical
25 requirements :
26
27 E. Status Unless otherwise provided by law, the Responding Members officers
28 :and : employees shall have the same powers, duties, rights, privileges, and
29 immunities as if they were performing their duties in the jurisdiction in which::
30 they are normally employed.
31 .. ..., . . ..
32 F. Licenses and .Permits —To the extent permitted by law Responding Member
33 personnel that hold licenses, certificates, or permits evidencing professional,
34 mechanical, or other skills shall be allowed to carry out activities and tasks
35 relevant-and related to their respective credentials during a Period of
36 Assistance.
37
38
39 ARTICLE 1111
40 RIGHT TO WITHDRAW RESOURCES
41
42 A. Right to Withdraw - A :Responding Member may -withdraw some or all of its .:
. 43 resources at any time for any reason, as determined in the Responding
44 Member's sole and absolute discretion. The Responding Member shall
Mutual Aid and Assistance Agreement for Washington State WARN
5-12
1
communicate written or oral notice of intention.to withdraw allor some of a
z Responding Members resources to the RequestingMembefs Authorized
3 Official as soon as practicable under the circumstances. To the greatest
4 • extent possible; but without limiting in °any way a Responding Member's sole
s and absolute discretion; a Responding Member's determination to withdraw
6 some oral) of resources provided to a Requesting Member-
should
7 consider the status of the incident and incident stability, to minimize any
8 adverse impacts from the withdrawal of resources by a Responding Member.
9
10 B: No Liability for Wrthdrawal - No Memberwill be liable toany.other Member
11 for first responding to' a Request for Assistance by providing resources (such
12 as °personnel; materials, and equipment) and laterwithdrawing.or refusing to
13 continue to provide some or all of those resources. All Members hereby
14 waive all claims'against all Members arising from or relating to such a
15 withdrawal or refusal. •
16 .
17
18 ARTICLE VIII .
19 COST- REIMBURSEMENT .
20 . .
21 The Requesting Member shall reimburse theResponding Member for all costs
22 ' incurred'by the"Responding Memberduring a:Period of Assistance, unless
S 23 otherwise agreed in writing, by both ' Members:
24
25 A. Personnel — The Requesting Member shall reimburse the Responding
26 Member for personnel costs incurred for work performed during a Period of
27 Assistance:• Responding "Member personnel:costs.will be calculated according
28 to the terms provided in their employment contracts; hourly rate schedules or:,
29 "' other conditions "of employment The Responding Member's:designated
30 , supervisor(s) shall keep accurate records of work performed bypersonnel
31 during a Period of Assistance. The Requesting Member shall include in its
32 reimbursement.of the' Responding Member all personnel costs; including
33. - salaries or hourly wages, costs for fringe benefits, and indirect costs.
34
35 Unless otherwise agreed in- writing, the Requesting:Member.shall reimburse
36 the Responding Member for all reasonable and necessary costs associated
37 with providing food and shelter for the Responding Member's personnel, if the
38 food and shelter are not provided by the Requesting Member. The
39 Requesting Member is not required'to reimburse the Responding Member for
40 food and sh&ter.costs in excess of Staterper diem rates unless the .
41 Responding Member demonstrates in writing that the excess costs were
42. reasonable and necessary under the circumstances:
;Mutual Aid acid Asslstance °Agreement for Washington StateWARN
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i B. Equipment � The Requesting Member .shall . reimburse the Responding
2 Member for the use of equipment during a Period of Assistance,- including, but
3 not limited to, reasonable rental rates, all fueljubrication, maintenance,
4 transportation, andioading/unloading of'loaned equipment- The Requesting
5 Member shall return all equipment to'the Responding :Member in good
6 workingorder.as soon as is practicable and reasonable under the •
7 circumstances. If equipment cannot be returned in good working order, then
8 Requesting Member shall either provide in -kind replacement equipment to
9 Responding Member at no" cost to Responding Member or_payto Responding
10 Membertheactual replacement cost of the'equipment.' Reimbursement rates
11 for equipment - use will :be -no less than the Federal Management
12 'Agency's (FEMA) Schedule of Equipment Rates. IfaResponding Member
13 uses rates differentfrom those in theFEMA Schedule of Equipment Rates,
14 the Responding Member shall provide such - rates oorallyor :in writing to the ,
15 Requesting Member prior to supplying the equipment. If reimbursement rates
16 are to be different than those in the FEMA Schedule of Equipment rates,
- 17 Responding Member and Requesting Member shall agree in writing on which
18 rates will be used prior to dispatch'of the equipment to the Requesting
19 Member. Requesting Member shall reimburse for equipment not referenced
20 on the FEMA Schedule of Equipment Rates based on actual recovery of
21 costs. If a Responding Member is required to lease equipment while ..
22 equipment is being repaired because of damage°due to .during- a :Period of
23 Assistance, Requesting Member shall Responding Memberfor
24 such rental costs.
25
26 C: Materials and• Supplies —The Requesting Member shallreimburse :the •
27 Responding Member in kind or at actual replacement cost, .plus handling
28 `charges .for use =of expendable •ornon - returnable supplies bythe Responding
29 • Menibrduring'a Period•of Assistance: - The Responding:-Member: shall not
30 charg:directfees or rental charges to the Requesting Memberfor other
31 supplies and reusableitemsthatare returned.to.theResponding :Member in :a
32 clean; damage -free 'condition :Reusable supplies :that are returned to the
33 Responding Member with :damage will!be treated as expendable supplies for
34 purposes of cost reimbursement
36 ' D. Payment Period Inorderto be- reimbursed, the Responding Member shall
37 provide an itemized bill to the Requesting Member no later than ninety (90)
38 days following the end of the Period of Assistance for all expenses incurred
39 by the' RespondingMemberwhile providing assistance to a-Requesting
40 Member. under this Agreement: -The Responding'Member may request
41 additionaltime'to submitthe itemized bill; and Requesting Member shall not •
42 unreasonably- withholdconsent to such. a request- The Requesting Member
43 shall pay the' itemized bill - in full on or before the.forty -fifth (45 day following
44 the billing date. The Requesting Member may request additional time to pay
Mutual Aid and Asslstance•Agreement forWashington State WARN
0 the itemized bill and Responding Member shall not unreasonably withhold
1 th rt � 9 Y .
2 consent to such a'request; but in' no event will payment in full occur :later than
3 one, year after the date :a final. itemized .bill is submitted to the Requesting ,
4 Member. If a Responding Member disputes a portion of an. itemized bill, the
5 Requesting Member shall promptly paythose portions - of. the. bill not under
6 dispute, pending the resolution of the payment of the disputed.portion of the
7.. _. bill: .
8
9 E. Records - :Where a Responding Member provides assistance'to Requesting
to Member under this Agreement, both Members shall . provide the other
11 Member access the-books, documents, notes, reports papers other
12 records relevant to this Agreement.for the purposes of reviewing the accuracy
13 of a cost bill or making .or undergoing a financial, maintenance tx regulatory
14 audit Both - Members shall maintain these records for at least three (3) years
15 . or longer where required by law...,
16
17
18 ARTICLE Ix .
19 _ ..:.:: DISPUTES:
20 .
21 NEGOTIATION .
22 Members shall:first attempt.to resolve any controversy, claim or other dispute
S 23 arisingoutof or relating to this Agreement by direct negotiation.
24
25 MEDIATION
26 To. the .extent not resolved by .direct negotiation, Members shall ,mediate;any
27 controversy,' claim or other:dispute_arising. out 'of or relati ng;to:this,Agreement.
28- .rMediation isa condition: precedent to arbitration. •:Unless the disputing, Members
29 agree otherwise, the mediation will be1administered by the American Arbitration
30 Association (AAA) under its Construction Industry Mediation Procedures. The
31 disputing Members shall,pay.:in equaI' fee. and any filing
32 fees: 'Unless otherwise agreed by he:disputing Members, the disputing
33 - Members shall (1) hold the mediation no later.than thirty.(30) a
34 disputing Member delivers a request for mediation to the other disputing
35 Members and (2) hold the mediation at the location of the Requesting Member.
36 Agreements reached in mediation will be enforceable'as;settlement agreements..
38 ARBITRATION
39 To the extent-:not resolved :by mediation, Members arbitrate all.
40 controversies, claims and :otherdisputes arising out of :.or relating to this •
41' Agreement '. Unless {the :disputing Members agree- otherwise c the -arbitration will .
42 - be administered': by the_ AAA in accordance with its Construction: industry
43 Arbitration Rules in effect on the 'date a disputing-Member-makes a demand for
44 arbitration..:: .. .. . •
Mutual Aid and Assistance Agreement.for Washington State=WARN
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1 A disputing Member may make a demand for arbitration before negotiation or •
2 mediation if it appears that a claim might be barred by a statute of limitations if
3 the demand were made after the negotiation or mediation. However, in such a
4 case the arbitration will be stayed until the conclusion of negotiation and
5 mediation.
6
7 The decision and award rendered by the arbitrator(s) shall be final, and judgment
8 may be entered upon it in accordance with applicable law in any court having
9 jurisdiction thereof.
10
11
12 ARTICLE X
13 DUTY TO INDEMNIFY
14
15 To the extent of its fault, a Member shall defend, indemnify, and hold harmless all
16 other Members, their elected officials, Authorized Officials, officers, employees
17 and agents from any and all costs, claims, judgments, losses, awards of damage,
18 injury, death and liability of every kind, nature and description, including the
19 reasonable cost of defense and attorneys' fees, directly or indirectly arising from
20 or relating to this Agreement (collectively, "Indemnified Claims ").
21
22 This indemnity obligation extends to all Indemnified Claims against a Member by
23 an employee or former employee of another Member, and for this purpose, by
24 mutual negotiation, each Member hereby expressly waives, with respect to each
25 other Member only, all immunity and limitation under any applicable industrial
26 insurance act, including Title 51 of the Revised Code of Washington, other
27 worker compensation acts, disability benefit acts or other employee benefit act of
28 any jurisdiction which would otherwise be applicable in the case of Indemnified
29 Claims.
30
31
32 ARTICLE XI
33 WORKER'S COMPENSATION AND SITE CONDITIONS
34
35 The Responding Member is responsible for providing worker's compensation
36 benefits and administering worker's compensation for its employees. The
37 Requesting Member is responsible for providing workers compensation benefits
38 and administering worker's compensation for its employees.
39
40 Each Member shall promptly identify to the other Members concerns about site
41 safety, environmental concerns, and other working conditions. The Safety
42 Officer appointed within the Incident Command System during the Period of
43 Assistance shall address specific safety conditions and mitigations.
44
Mutual Aid and Assistance Agreement for Washington State WARN
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0 1 ARTICLE XII
2 NOTICE
3 Unless otherwise provided in this Agreement, all notices must be in writing.
4 Notice to a Member must be delivered to the Member's Authorized Official.
5
6
7 ARTICLE XIII
8 EFFECTIVE DATE - -
9
10 This Agreement shall be effective with respect to each Member when that
11 Member's authorized representative.executes the Agreement. The Statewide
12 Committee shall maintain a master all Members.
13
14
15 ARTICLE XIV
16 WITHDRAWAL
17
18 A Member Maywithdraw from this Agreementat any time by- providing to the
19 Statewide Committee' Chair written notice - of withdrawal signed by the
20 withdrawing Member's Authorized Official or other person authorized by the
21 withdrawing Member's goveming_body,. Any withdrawal will be effective upon
22 receipt by the Statewide Committee Chair,of the notice of intent to withdraw. If
23 there - is'no Statewide Co`mmittee Chair, - the withdrawing Member. shall "proiide
24 written notice to each Member in its region, and the withdrawal will be effective
25 'upon deliveriOf those notices. Once` withdrawal from this Agreementis
26 effective,'the`wiithdrawing Member will have no further obligations under this
27 Agreement, except that withdrawal from - this Agreement will not affect any
is indenification or reimbursement obligation under er this Agreement that'arises
29 prior to the effective date Of the withdrawal.
30
31 -
32 ARTICLE XV
33 TERMINATION
34
35 This Agreement shall terminate in its entirety when there are less than two
36 Members.-'Termination of this Agreement will not affect any indemnification or
37 reimbursement obligation under this Agreement arising prior to the termination.
38 The Statewide Committee Chair shall provide written notice of termination to all
39 remaining Members of the Agreement.
40
41
42
Mutual Aid and Assistance Agreement for Washington State WARN
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ARTICLE •
1 XVI
2 AMENDMENT
3
4 This Agreement may be amended if, after written notice of a proposed
5 amendment to all Members, the proposed amendment is approved by a majority
6 of Members in each region. The Statewide Committee Chair shall provide written
7 notice to all Members of approved amendments. Approved amendments will
8 take effect sixty (60) days after the date the notice is sent to the Members.
9
10
11 ARTICLE,XVII
12 SEVERASILITY
13
14 The parties agree that if any term or . provision of this Agreement is declared by a
15 court of competent jurisdiction to . be illegal or in conflict with any law, the validity
16 of the remaining terms and provisions shall not be affected, and the rights and
17 obligations of the parties shall be construed and enforced as if the Agreement did
18 not contain the particular term or.proyision held to be invalid,
19
20
21 ARTICLE XVIII
22 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF- RIGHTS/DUTIES
23
24 Notwithstanding . rights of subrogation asserted .by a: Member's insurance
25 provider, this Agreement is for the sole benefit of the Members and no other
26 person or entity .shall have any rights under this Agreement as a third party
27 beneficiary nor..shall any Member owe duty to a .third, party .not a signatory of this
28 Agreement by virtue of this Agreement , of benefrts a nd delegations
29 of duties created by this Agreement are prohibited and of no effect.
30
31
32 . ARTICLE XIX
33 GOVERNING LAW
34
35 This Agreement is governed - by the law of the State of Washington, specifically
36 RCW 39.34, Interlocal Cooperation Act
37
38
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0 ARTICLE XX
2 EXECUTION IN COUNTERPARTS
3
4 This Agreement may be executed in any number of counterparts and by different
5 parties in separate counterparts. Each counterpart when so executed shall be
6 deemed to be an original and all of which together shall constitute one and the
7 same Agreement
8
9
10 The water and wastewater utility listed below executed this Agreement on this
11 5 day of May i
12
13 WaterANastewater Utility: City of Yakima
14
15
16 By: By:
17
18 Title: City Manager Title City Clerk
19
20 R.A. Zais, Jr. Deborah Moore
21 Please Print Name Please Print Name
22
23
24 Approved as to form
25
26
27 By:
28 Attorney for Member
29
30 Jeff Cutter
31 Please Print Name
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