HomeMy WebLinkAbout2009-06-01-Resolutions 09-122_Mutual Aid - IOWARNTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-122
APPROVING THE MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IOWA
WATERIW ASTEWATER AGENCY RESPONSE NETWORK (IOWARN)
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,recognizing that emergencies may require aid or assistance in the form of
personnel,equipment and supplies from outside the area of impact,the purpose of the Mutual
Aid and Assistance Agreement for the Iowa WaterlWastewater Agency Response Network
(lOW ARN)is so that members may coordinate response activities and share resources during
emergencies,with the support and assistance of associated agencies;AND,
WHEREAS,the proposed Agreement is authorized under Chapter 29C,Code ofIowa,which
authorizes mutual aid arrangements for reciprocal disaster services and recovery;AND,
WHEREAS,the City Attomey has reviewed the Agreement and approves it as to form and
legality.
NOW BE IT THEREFORE RESOLVED by the City Council of the City of Waukee,Iowa,
that the Mutual Aid and Assistance Agreement for the Iowa Water/Wastewater Agency
Response Network (lOW ARN),attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved this e 1st day of June,
2009.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
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X
NAY ABSENT ABSTAIN
EXHIBIT A
Mutual Aid and Assistance Agreement for the Iowa
WaterlWastewater Agency Response Network (lOW ARN)
AGREEMENT
This Agreement is made and entered into by public and private water and wastewater utiiities
and emergency management commissions and agencies that have,by executing this
Agreement,manifested their intent to participate in an intrastate program for Mutual Aid and
Assistance among Iowa Water and Wastewater Utiiilies known as the IOWARN Mutual Aid and
Assistance Program.
This Agreement is authorized under Chapter 29C,Iowa Code,which authorizes mutual aid
arrangements for reciprocal disaster services and recovery.This Agreement is further
authorized as to the public agencies'utility parties hereto by the respective authority of 357,
357A,358,364,384,386,388,389 and 504A Iowa Code,which authorize Water and
Wastewater Utilities that are public agencies to contract to provide services.This Agreement is
further authorized by Section 28E.12 Iowa Code,but this Agreement is not otherwise adopted
pursuant to Chapter 28E,Iowa Code,and is not intended to be a 28E Ag reement.
ARTICLE I.
PURPOSE
Recognizing that emergencies may require aid or assistance in the form of personnel,
equipment,and supplies from outside the area of impact,the signatory utiiilies hereby establish
a program for Mutual Aid and Assistance for Iowa Water and Wastewater Utilities known as the
"IOWARN Mutual Aid and Assistance Program".Through the IOWARN Mutual Aid and
Assistance Program,Members coordinate response activities and share resources during
emergencies,with the support and assistance of the Associated Agencies.This Agreement
sets forth the procedures and standards for the administration of the IOWARN Mutual Aid and
Assistance Program.
ARTICLE II.
DEFINITIONS
A.Authorized Official -An employee or officer of a Member that is authorized to:
1.Request assistance;
2.Offer assistance;
3.Refuse to offer assistance;or
4.Withdraw assistance under this Agreement.
B.Emergency -A natural or human caused event or circumstance causing,or imminently
threatening to cause,loss of life,injury to person or property,human suffering or financial
loss,and includes,but is not limited to,fire,explosion,flood,severe weather,drought,
earthquake,volcanic activity,spills or releases of oil or hazardous material,contamination,
utility or transportation emergencies,disease,blight,infestation,civil disturbance,riot,war
and terrorism,sabotage or other intentional acts,that are,or could reasonably be,beyond
the capability of the services,personnel,equipment,andfaciiities of a IOWARN Mutual Aid
and Assistance Program Member to fully manage and mitigate internally.
WARN_lowB_Agreement-090608.doc
C.Members -Any public or private Water or Wastewater Utility that manifests intent to
participate in the iOWARN Mutual Aid and Assistance Program by executing this
Agreement.Members are primarily Iowa Water or Wastewater Utilities,but membership is
open to water and wastewater utilities outside the State of Iowa that operate in areas
contiguous to an Iowa utility Member.
1.Requesting Member -A Member who makes a Requestfor Assistance under the
IOWARN Mutual Aid and Assistance Program.
2.Responding Member -A Member that responds to a Request for Assistance under the
IOWARN Mutual Aid and Assistance Program.
3.Non-Responding Member -A Member that does not provide aid or assistance during a
Period of Assistance under the IOWARN Mutual Aid and Assistance Program.
D.Associated Agencies -The Iowa Emergency Management Commissions and Agencies and
other non utility participants that agree to provide a support role for the iOWARN Mutual Aid and
Assistance Program by separate agreement or other undertaking approved by the Statewide
Steering Committee.Associated Agencies are not parties to this Agreement and do not
provide or receive emergency services under this Agreement.To the extent Associated
Agencies do provide any emergency services to any Member the terms under which such
services are provided shall be as the provider and recipient shall separately agree.The initial
Associated Agencies include:(1)the Iowa Section of the American Water Works Association;
(2)the Iowa Rural Water Association;(3)the Iowa Department of Natural Resources,and (4)
the Homeland Security and Emergency Management Division of the Iowa Department of Public
Defense.Additional Associated Agencies may be added by vote of the Statewide Committee.
E.Confidential Information-Any document shared with any signatory of this Agreement that is
marked confidential and that is confidential under Section 22.7 Iowa Code or other exemption
from disclosure under Ch.22,Code of Iowa.
F.Request for Assistance.A request by a Requesting Member to anyone 'or more other
Members for mutual aid or assistance in the event of an Emergency under the IOWARN Mutual
Aid and Assistance Program.
F.Period of Assistance -A specified period of 1ime when a Responding Member assists a
Requesting Member.The period commences when personnel,equipment,or supplies depart
from Responding Member's facility and ends when the resources return to their facility (portal to
portal).All protections identified in this Agreement apply during this period.The specified
Period of Assistance may occur during response to or recovery from an emergency,as
previously defined.
G.Statewide Committee -The Statewide Committee established under Article III.
H.Statewide Chair -The chair of the Statewide Committee selected under Article III.
I.Statewide Coordinator -The person appointed to such position by the Statewide
Committee as provided under Article III.
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J.National Incident Management System (NIMS):A national,standardized approach to
incident management and response that sets uniform processes and procedures for emergency
response operations.
ARTICLE III.
ADMINISTRATION
The IOWARN Mutual Aid and Assistance Program shali be administered through a Statewide
Committee,a Statewide Chair and a Statewide Coordinator.The Statewide Committee shali
provide coordination of the IOWARN Mutual Aid and Assistance Program before,during,and
after an emergency and shali include regional representatives from across the state.The
designated regions shali be consistent with the regions established by the Iowa Department of
Natural Resources.The Statewide Committee shall consist of one Member representative from
each region selected by the Members in such region by written ballot and a Statewide Chair
selected by the Members annualiy by written ballot,plus one non-voting representative of each
Associate Agency.The Statewide Committee shall meet at ieast annually and shall plan and
coordinate emergency pianning and response activities for the IOWARN Mutual Aid and
Assistance Program under the ieadershlp of the Statewide Chair.The Statewide Committee
shali appoint a Statewide Coordinator from among the employees of the Members or
Associated Agencies who shall facilitate,coordinate,and administer the activities of the
IOWARN Mutual Aid and Assistance Program under the direction of the Statewide Committee.
The Statewide Committee shall establish rules of procedure for the conduct of committee
business.
Meetings of the Statewide Committee shall be conducted in accordance with the Iowa Open
Meetings Law,Chapter 21 ,Iowa Code.
ARTICLE IV.
PROCEDURES
In coordination with the emergency management and public health system of the state,the
Statewide Committee shall develop operational and planning procedures for the IOWARN
Mutual Aid and Assistance Program.These procedures shall be reviewed at least annually and
updated as needed by the Statewide Committee and shall be set forth in an IOWARN Mutual
Aid and Assistance Program Manual.and an IOWARN Mutual Aid and Assistance Handbook.
ARTICLE V.
REQUESTS FOR ASSISTANCE
A.Member Responsibility:Members shall:(1)identify an Authorized Official.and alternates;(2)
provide contact information,including 24-hour access;and (3)provide information on
resources that may be available from the utility 10r mutual aid and assistance response.
Such contact information shall be updated annually or when changes occur,shall be
provided to the State Committee for inclusion in the IOWARN Mutual Aid and Assistance
Program Manual and the IOWARN Mutual Aid and Assistance Handbook.
In the event of an Emergency,a Member's Authorized Official may request mutual aid and
assistance directly from a specific Member by making a Request for Assistance to such
Member or may make a general Request for Assistance to the Statewide Coordinator.
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Requests lor Assistance can be made orally or in writing.When made orally,the specilic
request lor personnel,equipment,and supplies shall be subsequently conlirmed in writing
as soon as practicable.Requests lor Assistance to a Member shall be directed to the
Authorized Officiai 01 any Member.II a Request lor Assistance is made to the Statewide
Coordinator,the Statewide Coordinator shall lorward the Request lor Assistance to one or
more Authorized Olliciais 01 Members for direct response to the Requesting Member.
Specilic detailed protocols lor making and responding to Requests for Assistance shall be
set forth in the IOWARN Mutual Aid and Assistance Program Manuai and the IOWARN
Mutual Aid and Assistance Handbook.
B.Response to a Request for Assistance -Members are not obligated to respond to a request.
After a Member receives a Request lor Assistance,the Authorized Official shall evaluate
whether or not to respond,whether resources are available to respond,or il other
circumstances would hinder response.Following the evaluation,the Authorized Officiai
shall,as soon as possible,inlorm the Requesting Member whether it will respond.II the
Member is willing and abie to provide assistance,the Member shali inform the Requesting
Member about the type 01 available resources and the approximate arrival time of such
assistance.
C.Discretion 01 Responding Member's Authorized Ollicial -Execution 01 this Agreement does
not create any duty to respond to a Request for Assistance.When a Member receives a
Request lor Assistance,the Authorized Official shall have sole and absolute discretion as to
whether or not to respond,or the availability 01 resources to be used in such response.An
Authorized Member's decisions on the availability 01resources shall be final.
ARTICLE VI.
RESPONDING MEMBER PERSONNEL
A.Nationai Incident Management System -When providing assistance under this Agreement,
the Requesting Member and Responding Member shall be organized and shall function
under the National Incident Management System.
B.Control -While employees so provided may be under the supervision 01 the Responding
Member,the Responding Member's employees come under the .direction and control olthe
Requesting Member,consistent with the NIMS Incident Command System to address the
needs identilied by the Requesting Member.The Requesting Member's Authorized Official
shall coordinate response activities with the designated supervisors of the Responding
Member.The Responding Member's designated supervisors must keep accurate records of
work performed by personnel during the specilied Period of Assistance.
C.Food and Shelter -Whenever practical,Responding Member personnel must be self
sufficient for up to 72 hours.When possible,the Requesting Member shall supply
reasonable food and shelter lor Responding Member personnel.II the Requesting Member
is unable to provide lood and shelter lor Responding Member personnel,the Responding
Member's designated supervisor is authorized to secure the resources necessary to meet
the needs 01 its personnel.Except as provided below,the cost ior such resources must not
exceed the normal cost lor such resources for that area.To the extent Food and Shelter
costs exceed the normal costs lor the area,the Responding Member must demonstrate that
the additional costs were reasonable and necessary under the circumstances.Unless
otherwise agreed to In writing,the Requesting Member remains responsible lor reimbursing
4 WARN_lowa_Agreement-09060B.doc
the Responding Member for all reasonable and necessary costs associated with providing
food and shelter,if such resources are not otherwise provided by the Requesting Member.
D.Communication -The Requesting Member shall provide Responding Member personnel
with radio equipment as available,or radio frequency information to program existing radio
equipment,in order to facilitate communications with local responders and utility personnel.
E.Status -Unless otherwise provided by 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 that
hold licenses,certificates,or permits evidencing professional,mechanical,or other skills
shall be allowed to carry out activities and tasks relevant and reiated to their respective
credentials during the specified Period of Assistance.
G.Right to Withdraw -The Responding Member's Authorized Official retains the right to
withdraw some or all of its resources at any time for any reason in the Responding
Member's sole and absoiute discretion.Notice of intention to withdraw must be
communicated to the Requesting Member's Authorized Official as soon as is practicable
under the circumstances.
ARTICLE VII.
COST·REIMBURSEMENT
The Requesting Member shall reimburse the Responding Member for each of the following
categories of costs incurred during the specified Period of Assistance as agreed in whole or in
part by both parties;provided,that any Responding Member may,if it so elects,assume in
whole or in part such loss,damage,expense,or other cost,or may ioan such equipment or
donate such services to the Requesting Member without charge or cost.
A.Personnel-The Responding Member shall be reimbursed by the Requesting Member for
personnel costs incurred for work performed during the specified Period of Assistance.
Responding Member personnei costs shall be calculated according to the terms provided in
their employment contracts or other conditions of employment.The Responding Member's
designated supervisors must keep accurate records of work performed by personnel during
the specified Period of Assistance.Requesting Member reimbursement to the Responding
Member may consider all personnel costs,including salaries or hourly wages,costs for
fringe benefits,and indirect costs.
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B.Equipment -The Requesting Member shall reimburse the Responding Member for the use
of equipment during the specified Period of Assistance,including,but not limited to,
reasonable rental rates,all fuel,lubrication,maintenance,transportation,and
loading/unloading of loaned equipment.All equipment shall be returned to the Responding
Member in substantially the same condition the equipment was in at the time it was supplied
to the Requesting Member as soon as is practicable and reasonable under the
circumstances.At a minimum,rates for equipment use must be based on the Federal
Emergency Management Agency's (FEMA)Schedule of Equipment Rates.If a Responding
Member uses rates different from those in the FEMA Schedule of Equipment Rates,the
Responding Member must provide such rates orally or In writing to the Requesting Member
prior to supplying the equipment.Mutual agreement on which rates are used must be
reached in writing prior to dispatch of the equipment.Reimbursernent for equipment not
referenced on the FEMA Schedule of Equipment Rates must be developed based on actual
recovery of costs.If Responding Member must lease a piece of equipment whfle Its
equipment is being repaired,Requesting Member shall reimburse Responding Member for
such rental costs.
C.Materials and Supplies -The Requesting Member must reimburse the Responding Member
in kind or at actual replacement cost,plus handling charges,for use of expendable or non-
returnable supplies.The Responding Member must not charge direct fees or rental charges
to the Requesting Member for other supplies and reusable items that are returned to the
Responding Member In a clean,damage-free condition.Reusable supplies that are
returned to the Responding Member with damage that renders them unusable 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 incurred by the Responding Member while providing assistance
under this Agreement.The Requesting Member must send the itemized bill not later than
(90)ninety days tollowinq the end of the Period of Assistance.The Responding Member
may request additional periods of time within which to submit the itemized bill,and
Requesting Member shall not unreasonably withhold consent to such request.The
Requesting Member must pay the bill in full on or before the torty-flfth (45th)day following
the billing date.The Requesting Member may request additional periods of time within
which to pay the itemized bill,and Responding Member shall not unreasonably withhold
consent to such request,provided,however,that all payment shall occur not later than one-
year after the date a final itemized bill is submitted to the Requesting Member.
E.Records-Each Responding Member and their duly authorized representatives shall have
access to a Hequesting Member's books,documents,notes,reports,papers and records
which are directiy pertinent 'to the Request for Assistance made pursuant to this Agreement
for the purposes of reviewing the accuracy of a cost bill or making a financial,maintenance
or regulatory audit.Each Requesting Member and their duly authorized representatives
shall have access to a Responding Member's books,documents,notes,reports,papers and
records which are directly pertinent to a Response to a Request for Assistance made
pursuant to 'this Agreement for the purposes of reviewing the accuracy of a cost bill or
making a financial,maintenance or regulatory audit.Such records shall be maintained for at
least three (3)years or longer where required by law.
6 WARN~lowa~Agreement-Og0608.doc
ARTICLE VIII.
DISPUTES
If any controversy or claim arises out of,or relates to,the execution of the Agreement,including,
but not limited to,alleged breach of the Agreement,the disputing Members shall first attempt to
resolve the dispute by negotiation,followed by mediation and finally shall be settled by
arbitration in accordance with the Rules of the American Arbitration Association.Any court of
competent jurisdiction may enter the judgment rendered by the arbitrators as finai judgment that
is binding on the parties.
ARTICLE IX.
REQUESTING MEMBER'S DUTY TO INDEMNIFY
Except as provided in Article XIII pertaining to Insurance,the Requesting Member shall assume
the defense of,fully indemnify and hold harmless,the Responding Member,its officers and
employees,from all ciaims,loss,damage,injury and liability of every kind,nature and
description,directly or indirectly arising from Responding Member's work during a specified
Period of Assistance.The scope of the Requesting Member's duty to indemnify includes,but is
not limited to,suits arising from,or related to,negligent or wrongful use of equipment or
supplies on loan to the Requesting Member,or faulty workmanship or other negligent acts,
errors or omissions by Requesting Member or the Responding Member personnel.
The Requesting Member's duty to indemnify is subject to,and shall be applied consistent with,
the conditions set forth in Article X.
ARTICLE X.
SIGNATORY INDEMNIFICATION
In the event of a liability,claim,demand,action,or proceeding of whatever kind or nature arising
out of a specified Period of Assistance,the Requesting Member shall have a duty to defend,
indemnify,save and hold harmless all Non-Responding Members,their officers,agents and
employees from any liability,claim,demand,action,or proceeding of whatever kind or nature
arising out of a Period of Assistance.
ARTICLE XI.
WORKER'S COMPENSATION CLAIMS
The Responding Member is responsible for providing worker's compensation and other injury
and death benefits for its employees and for administering worker's compensation for its
employees.The Requesting Member is responsible for providing worker's compensation and
other injury and death benefits for its employees and for administering worker's compensation
for its employees.
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ARTICLE XII.
NOTICE
A Member who becomes aware of a claim or suit that in anyway,directly or indlrectiy,
contingently or otherwise,affects or might affect other Members of this Agreement shall provide
prompt and timely notice to the Members who 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 own interests.
ARTICLE XIII.
INSURANCE
Members of this Agreement shall maintain an insurance policy or maintain a self insurance
program that covers activities that it may undertake by virtue of membership in the IOWARN
Mutual Aid and Assistance Program.Each Member waives subrogation for any injury or
damage covered by its own insurance against any other member.
ARTICLE XIV.
CONFIDENTIAL INFORMATION
To the fullest extent allowed by Chapter 22,Iowa Code or other applicable law,each Member
and Associated Agency shall maintain in the strictest confidence and shall take all reasonable
steps necessary to prevent the disclosure of any Confidential Information disclosed under this
Agreement.If any Member,Associated Participant,third party or other entity requests or
demands,by subpoena or otherwise,that a Member or Associated Participant disclose any
Confidential Information disclosed under this Agreement,the Member or Associated Participant
shall immediately notify the owner of the Confidential Information and shall take all reasonable
steps necessary to prevent the disclosure of any Confidential Information by asserting all
applicable rights and privileges with respect to such information and shall cooperate fully in any
judicial or administrative proceeding relating thereto.
ARTICLE XV.
EFFECTIVE DATE
This Agreement shall be effective after the Water and Wastewater Utility's authorized
representative executes the Agreement and the Statewide Committee Chair receives the
Agreement.The Statewide Committee Chair shall maintain a master list of all Members and
Associated Agencies in the IOWARN Mutual Aid and Assistance Program.
ARTICLE XVI.
WITHDRAWAL
A Member may withdraw from this Agreement by providing written notice of its intent to
withdraw to the Statewide Chair.Withdrawal takes effect 60 days after the appropriate officials
receive notice.Withdrawal from this Agreement shall in no way affect a Requesting Member's
duty to reimburse a Responding Member for cost incurred during a Period of Assistance,which
duty shall survive such withdrawal.
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ARTICLE XVII.
MODIFICATION
No provision of this Agreement may be modified,altered or rescinded by individual parties to the
Agreement.Modifications to this Agreement may be due to programmatic operational changes
to support the agreement,legislative action,creation of an interstate aid and assistance
agreement,or other developments.Modifications to this Agreement may be proposed by the
Statewide Committee.The Statewide Committee Chair shall provide written notice to all
Members of proposed modifications to this Agreement together with a written ballot allowing
Members to vote for or against the proposed modification.A proposed modification shall
become effective only if it is approved by written vote of at least a majority of the Members.
Approved modifications shall take effect 60 days after the date upon which notice of the
approved modification is sent to the Members.
ARTICLE XVIII.
SEVERABILITY
The parties agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms
and provisions shall not be affected,and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular term or provision held
to be invalid.
ARTICLE XIX.
PRIOR AGREEMENTS
This Agreement supersedes all prior Agreements between Members to the extent that such
prior Agreements are inconsistent with this Agreement.
ARTICLE 'XX.
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
This Agreement is for the soie benefit of the Members and no person or entity shall have any
rights under this Agreement as a third party beneficiary.Assignments of benefits and
delegations of duties created by this Agreement are prohibited and shall be without effect.
ARTICL:E XXI.
INTRASTATE AND INTERSTATE IOWARN MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable,Members shall participate in Mutual Aid and Assistance activities
conducted under the State of Iowa Mutual Aid and Assistance Program and the Interstate
Emergency Management Assistance Compact (EMAC)as set torthin Chapter 29C,Iowa Code.
Members may voluntarily agree to participate in an interstate mutual aid and assistance
program for water and wastewater utilities through this Agreement if such a program is
established.
9 WARN_lowa_Agrsement-090608.doc
Now,therefore,in consideration of the covenants and obligations set forth in this Agreement,
the Water and Wastewater Utility or other Agency listed here manifests its intent to be a
Member of the IOWARN Mutual Aid and Assistance Program by executing this Agreement on
this 1st day of June 2009.
WaterlWastewater Utility or Aqency:__C:":i:..:t~Y---=.O::'f_w~a:::U::'k:::e:..:e:..:.,_~.:::.::ow:..:a=-~
Tit:Administrator nor
Jeffrey L.Kooistra
Please Print Name
William F.Peard
Please Print Name
Steven P.Brick
Piease Print Name
10 WARN_lowB_Agreement·09060B,doc