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HomeMy WebLinkAboutR-2009-068 Mutual Aid and Assistance Interstate Agreement with the Water/Wastewater Agency Response NetworkRESOLUTION NO. R-2009-68 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 Water/Wastewater Agency Response Network (WARN), now, therefore, BE IT RESOLVED BY THE CITY COLINCIL 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 M- . 2009.. , / ,/ /dr / /1- , David Edler, Mayor City Clerk R -400q -(a8 1 Mutual Aid and Assistance Agreement for Washington State for Intrastate 2 Water/Wastewater Agency Response Network (WARN) 3 As of. 04/1309 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! 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, significant financial Toss, 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 Aid and Assistance Agreement for Washington State WARN 1-12 1 and collectively the "Members") The Members are further classified as 2 follows: 3 4 1. Requesting Member — A Member who requests aid or assistance under 5 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 Member's facility and ends when all of the resources return to the 14 Responding Member's facility (i.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 Slate 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 a Statewide 29 Committee. 30 31 A Regional Committees. The State is divided into regions that are 32 geographically the same as the existing Department of Health Office of 33 Drinking Water regions of the state, with the exception that the eastern region 34 is divided to create a central region. Each region has a Regional Committee. 35 Each Member within a region may appoint one person to be a member of its 36 Regional Committee. Only those Regional Committee members appointed 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 Chairs of 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 2-12 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 be voluntary 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. Member Information: Promptly after executing this Agreement, the signatory 32 Member shall deliver the following to the Statewide Committee: (1) a certified 33 copy of the action of Members 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 alternate Authorized Official. 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 3-12 1 ("Request for Assistance"). Requests for Assistance may be made orally or in 2 writing, provided that when a Request for Assistance is made orally, the 3 Requesting Member shall, as soon as practicable, identify and transmit in 4 writing the personnel, equipment and supplies requested. Requesting 5 Members shall direct Requests for Assistance to Authorized Officials. The 6 Statewide Committee shall provide specific protocols for Requests for 7 Assistance as part of the procedures created pursuant to Article IV of this 8 Agreement 9 10 0 Response to a Request for Assistance — Members are not obligated to 11 respond to a Request for Assistance After'a Member receives a Request for 12 Assistance, the receiving Members Authorized Official shall evaluate whether 13 to respond to the Request for Assistance, whether resources are available to 14 respond, or if other circumstances would 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 approximate arrival time of such assistance. 20 21 D. Discretion of Responding Member's Authorized Official — No Member has any 22 duty to respond to a Request for Assistance. When a Member receives a 23 Request for Assistance, the Authorized Official shall have sole and absolute 24 discretion as to whether or not to respond to the Request for 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 Request for 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 to 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 Aid and Assistance Agreement for Washington State WARN 4-12 1 B Coordination and Records — Employees of the Responding Member will 2 remain under the direction and control of the Responding Member to the 3 fullest extent possible. The Responding Member is an independent 4 contractor at all times. The Requesting Member's Authorized Official shall 5 coordinate response activities with the designated supervisor(s) of the 6 Responding Member(s). The Responding Member's 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 — The 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 Member's 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 VII 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 all or some of a 2 Responding Member's resources to the Requesting Member's 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 5 and absolute discretion, a Responding Member's determination to withdraw 6 some or all of its 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 Withdrawal - No Member will be liable to any other Member 11 for first responding to a Request for Assistance by providing resources (such 12 as personnel, materials, and equipment) and later withdrawing 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 the Responding Member for all costs 22 incurred by the Responding Member during a Period of Assistance, unless 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 by personnel 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 shelter costs in excess of State per diem rates unless the 41 Responding Member demonstrates in writing that the excess costs were 42 reasonable and necessary under the circumstances. 43 Mutual Aid and Assistance Agreement for Washington State WARN 6-12 1 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 fuel, lubrication, maintenance, 4 transportation, and loading/unloading of loaned equipment The Requesting 5 Member shall return all equipment to the Responding Member in good 6 working order 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 pay to Responding 10 Member the actual replacement cost of the equipment. Reimbursement rates 11 for equipment use will be no less than the Federal Emergency Management 12 Agency's (FEMA) Schedule of Equipment Rates. If a Responding Member 13 uses rates different from those in the FEMA Schedule of Equipment Rates, 14 the Responding Member shall provide such rates orally or 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 its 22 equipment is being repaired because of damage due to use during a Period of 23 Assistance, Requesting Member shall reimburse Responding Member for 24 such rental costs. 25 26 C. Materials and Supplies —The Requesting Member shall reimburse the 27 Responding Member in kind or at actual replacement cost plus handling 28 charges, for use of expendable or non -returnable supplies by the Responding 29 Member during a Period of Assistance. The Responding Member shall not 30 charge direct fees or rental charges to the Requesting Member for other 31 supplies and reusable items that are returned to the Responding 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 35 36 D Payment Period — In order to 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 Responding Member while providing assistance to a Requesting 40 Member under this Agreement. The Responding Member may request 41 additional time to submit the itemized bill, and Requesting Member shall not 42 unreasonably withhold consent to such a request. The Requesting Member 43 shall pay the ;itemized bill in full on or before the forty-fifth (45th) day following 44 the billing date. The Requesting Member may request additional time to pay Mutual Aid and Assistance Agreement for Washington State WARN 7-12 the itemized bill, and Responding Member shall not unreasonably withhold 2 consent to such a request, but in no event will payment in full occur Tater 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 pay those 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 a Requesting to Member under this Agreement, both Members shall provide the other 11 Member access to the books, documents, notes, reports, papers and 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 or 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 23 arising out of 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 relating to this Agreement. 28 Mediation is a condition precedent to arbitration. Unless the disputing Members 29 agree otherwise, the mediation will be administered by the American Arbitration 30 Association (AAA) under its Construction Industry Mediation Procedures The 31 disputing Members shall pay in equal shares the mediator's fee and any filing 32 fees. Unless otherwise agreed by the disputing Members, the disputing 33 Members shall (1) hold the mediation no later than thirty (30) days after 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. 37 38 ARBITRATION 39 To the extent not resolved by mediation, Members shall arbitrate all 40 controversies, claims and other disputes arising out of or relating to this 41 Agreement. Unless the disputing Members agree otherwise, 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 as arbitration. Mutual Aid and Assistance Agreement for Washington State WARN 8-12 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 9-12 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 list of all Members. 13 14 15 ARTICLE XIV 16 WITHDRAWAL 17 18 A Member may withdraw from this Agreement at 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 Committee Chair, the withdrawing Member shall provide 24 written notice to each Member in its region, and the withdrawal will be effective 25 upon delivery of those notices. Once withdrawal from this Agreement is 26 effective, the withdrawing Member will have no further obligations under this 27 Agreement, except that withdrawal from this Agreement will not affect any 28 indemnification or reimbursement obligation under 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 Ald and Assistance Agreement for Washington State WARN 10-12 1 ARTICLE 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 SEVERABILITY 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 provision 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. Assignments of benefits and 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 Mutual Aid and Assistance Agreement for Washington State WARN 11-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ARTICLE XX EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts and by different parties in separate counterparts Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same Agreement The water and wastewater utility listed below executed this Agreement on this 5 day of May 2 rcy WateNVVastewater Utility' Title: City Manager City of Yakima R.A. Zais, Jr. Please Print Name CITY CONTRAC f NO: ;',o 9-.57 RESOLUTION NO. iP7,Q-6f/ ByeA i1.. Title' 7 at Clerk 2.//1L�GC-ZU L/Z-4 Please Print Name Approved as to form By: Jeff Cutter Please Print Name Mutual Aid and Assistance Agreement for Washington State WARN 12-12 i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * I7 - 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: