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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2008 - RESOLUTION 2008-041 AUTHORIZING THE CITY MANAGER T ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: May 6, 2006 FORT COLLINS CITY COUNCIL STAFF: Carol Webb SUBJECT Resolution 2008-041 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Colorado Water/Wastewater Agency Response Network(CoWARN). RECOMMENDATION Staff recommends adoption of this Resolution. At its April 24, 2008 meeting,the Water Board voted to recommend this item for adoption. EXECUTIVE SUMMARY The Resolution authorizes the City Manager to enter into an intergovernmental agreement provided by the Colorado Water/Wastewater Agency Response Network (CoWARN) with CoWARN members to provide and/or receive assistance during an emergency situation. CoWARN members are other Colorado public and private utilities providing water and wastewater service. This agreement will not interfere or adversely affect the water/wastewater operations within the City of Fort Collins. BACKGROUND Colorado's Water/Wastewater Agency Response Network (CoWARN) is a formalized system of "utilities helping utilities," designed to facilitate mutual aid during emergency situations. CoWARN's infrastructure consists of a secure web-based event tracking system and a practical mutual aid agreement designed to ease the flow of paperwork and other formalities during times of emergency. The benefits of belonging to CoWARN are numerous and include: increased planning and coordination,enhanced access to specialized resources,organized response according to established requirements and an agreement that contains an indemnification provision to protect participating utilities and provides for reimbursement of costs as needed. Furthermore, in order to be eligible for federal grants and reimbursements before,during,and after an emergency, local government must meet certain requirements. These include adopting the National Incident Management System (NIMS), supporting the development of interstate mutual aid agreements, and the integration of response at the field, local, and state levels of government. CoWARN will help the City of Fort Collins achieve the fulfillment of these requirements. May 6, 2008 -2- Item No. 15 Recently, the City of Fort Collins entered into an emergency assistant agreement similar to the CoWARN mutual aid agreement with Alamosa, Colorado, that allowed the City of Fort Collins to assist Alamosa during its salmonella outbreak by providing a tanker truck and a portable chlorinator system. ATTACHMENTS 1. CoWARN Mutual Aid Agreement. 2. Excerpt from minutes of April 24, 2008, Water Board meeting. ATTACHMENT 1 Colorado's Water/Wastewater Agency Response Network (CoWARN) Mutual Aid and Assistance Agreement This Agreement is made and entered into by public and private Water and Wastewater Utilities that have, by executing this Agreement, manifested their intent to participate in Colorado's Water/Wastewater Agency Response Network(CoWARN). This Agreement is authorized under Sections 24-32-2113 and 24-110-101, et seq., of the Colorado Revised Statutes. ARTICLE I. PURPOSE Recognizing that emergencies may require assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities established CoWARN. Through CoWARN, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of CoWARN. ARTICLE II. DEFINITIONS A. Emergency—A natural or manmade event that is, or is likely to be, beyond the control of the services, personnel, equipment, and facilities of a Member. A shortage of untreated (raw) water, a decline in well yields, or inadequate capacity for treatment or delivery of treated water is not an Emergency. B. Member—Any public or private Water or Wastewater Utility that manifests intent to participate in CoWARN by executing this Agreement. C. Authorized Official—An employee of a Member 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. Responding Member—A Member that responds to a request for assistance under CoWARN. F. Period of Assistance—A specified period of time when a Responding Member assists a Requesting Member. The period commences when personnel, equipment, or supplies depart from a Responding Member's facility and ends when the resources return to their facility (portal to portal). All protections identified in the Agreement apply during this period. The specified Period of Assistance may occur during response to or recovery from an Emergency, as previously defined. G. National Incident Management System (NIMS)—A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. htto://www.fema.gov/emergency/nims/index.shtm ARTICLE III. ADMINISTRATION CoWARN shall be administered through Regional Committees and a Statewide Committee. The purpose of a Regional Committee is to provide local coordination of CoWARN before, during, and after an Emergency. The Statewide Committee will establish the regions pursuant to its Bylaws. Each Regional Committee, under the Revised 11/26/07 1 leadership of an elected Chairperson, shall meet at least annually to address CoWARN issues and to review Emergency preparedness and response procedures. The Chairperson of each Regional Committee represents his/her Regional Committee's interests on the Statewide Committee. In addition to representing the interests of the Members, 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 Association, the Rural Community Assistance Partnership, and the 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. QUESTS FOR ASSISTANCE A. Member Contacts: Upon execution of this Agreement, Members shall identify an Authorized Official and alternates, provide contact information including 24-hour access, and maintain resource information made available by the Member for mutual aid and assistance response. The Regional Committee Chairperson shall maintain a list of all Members in the respective region and their contact information. The Statewide Committee Chairperson shall maintain a master list of all Members of CoWARN and their contact information, which shall be available to Members at www.cowam.org. B. Requests for Assistance; In the event of an Emergency, a Member's Authorized Official may request mutual aid and assistance from participating Members. Requests for assistance can be made orally or in writing. When made orally, the request for personnel, equipment, and supplies shall be prepared in writing• as soon as practicable. Requests for assistance shall be directed to the Authorized Officials of the participating Members. The Requesting Member shall provide the participating Members with the following information: 1. a general description of the damage sustained; 2. the part of the water/wastewater system for which assistance is needed; 3. the amount and type of personnel, equipment, materials, and supplies needed and a reasonable 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 specific time and place for a representative of the Requesting Member to meet the personnel and equipment of the Responding Member(s); and 6. the identification of work conditions and special constraints, such as availability of fuel supplies, lodging/meal support, medical facilities, security, communications, etc. C. Response to a Request for Assistance: After a Member receives a request for assistance, the Authorized Official evaluates whether resources are available to respond to the request for assistance. Following the evaluation, the Authorized Official shall inform, as soon as possible, the Requesting Member whether it has the resources to respond. If a Member is willing and able to provide assistance, the Member shall provide the Requesting Member with the following information: 1. a complete description of the personnel, equipment and materials to be furnished to the Requesting Member; 2. the estimated length of time the personnel, equipment and materials will be available; 3. the work experience and ability of the personnel and the capability of the equipment to be furnished; Revised 11/26/07 2 4. the name of the person or persons to be designated as supervisory personnel; and S. the estimated time when the assistance provided will arrive at the location designated by the Authorized Official of the Requesting Member. D. Discretion of Responding Member's Authorized Official. Execution of this Agreement does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the availability of resources. An Authorized Official's decisions on the availability of resources shall be final. ARTICLE V. RESPONDING MEMBER PERSONNEL AND EQUIPMENT A. National 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 the direct supervision and control of the designated supervisory personnel of the Responding Member. In instances where only equipment is provided by the Responding 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 the personnel of the Responding Member; however, the designated supervisory personnel of the Responding Member shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the Responding Member. The designated supervisory personnel shall maintain daily personnel time records and a log of equipment hours, be responsible for the operation and maintenance of the equipment furnished by the Responding Member, and report work progress to the Requesting Member. C. Food and Shelter: 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 not exceed the state per diem rates for that area. The Requesting Member remains responsible for reimbursing the Responding Member for all costs associated with providing food and shelter, if the Requesting Member does not provide such resources. D. Communication: The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information, 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 who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. Revised 11/26/07 3 G. Right to KrIthdraw.The Responding Member's Authorized Official 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 as soon 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. Personnel: Responding Member personnel are to be paid for work completed during a specified Period of Assistance according to the terms provided in their employment contracts or other conditions of employment. The Responding Member designated supervisor(s) must keep accurate records of work 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, costs 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 according to the Schedule of Equipment Rates established and published by the Federal Emergency Management Agency (FEMA), http://www.fema.gov/xis/govemment/grant/oa/easch.xis. Rates for equipment not referenced on the FEMA Schedule of Equipment Rates shall be developed based on actual recovery of 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 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 not later than ninety (90) days following the end of the Period of Assistance. The Requesting Member must pay the bill in full on or before the forty-fifth (45th) day following the billing 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, htto://www.federalreserve.gov/releases/H15/update/, for the date the request is made, plus two percent(2%) per annum, computed on an actual days/actual days basis. ARTICLE VII. LIABILITY, INSURANCE, AND 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 determine for itself what kinds 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. § 24-10-101, et seq. Revised 11/26/07 4 ARTICLE VIII. SIGNATORIES In the event of a claim, demand, action, or proceeding of whatever kind or nature arising out of a specified Period of Assistance, those Members who receive and provide assistance shall be totally responsible for any liability, damages, or costs. Those Members whose involvement in the subject transaction or occurrence is limited to execution of this Agreement shall have no liability or responsibility whatsoever for any such claim, action, demand, or other proceeding. 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 affect 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 own interests. ARTICLE X. EFFECTIVE DATE AND TERM This Agreement shall be effective after the Member executes the Agreement and the applicable Regional Committee Chairperson receives the Agreement. This Agreement shall continue in force and remain binding on each and every Member until December 31st of 2027. This Agreement may be renewed for a period of twenty years upon the signature of those Members who wish to participate. Any Member may terminate its participation in this Agreement pursuant to Article XI. ARTICLE XI. WITHDRAWAL A Member may withdraw from CoWARN by providing written notice of its Intent to withdraw to the applicable Regional Committee Chairperson. Withdrawal takes effect sixty (60) days after the Regional Committee Chairperson receives notice. A withdrawing Member also shall provide copies of the notice of withdrawal to the Statewide Chairperson and all Regional Members. Withdrawal of participation in CoWARN by a Member shall not affect the continued operation of this Agreement between and among the remaining Members. ARTICLE XII. MODIFICATION No provision of this Agreement may be modified, altered, or rescinded by individual Members. Modifications to this Agreement may be due to programmatic operational changes 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 5 This Agreement is for the sole benefit of the Members, and no person or entity must 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 must be without effect. 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 on this day of 20_. Water/Wastewater Utility: By: Tide: Authorized Officials: Name: Phone: Name: Phone: Name: Phone: Name: Phone: 24-hour contact: Phone: Revised 11/26/07 6 Water Board ATTACHMENT 2 Regular Meeting April 24, 2008 EXERPT FROM MINUTES CoWARN Agreement Regulatory and Government Affairs Manager Carol Webb is asking the Board to recommend to Council the adoption of a resolution authorizing the City Manager to enter into an intergovernmental agreement with the Colorado Water/Wastewater Agency Response Network (CoWARN). CoWARN is a statewide agreement to formalize utilities providing mutual aid to other utilities during times of emergency and was activated for the first time during the salmonella outbreak in Alamosa. A steering committee was formed among various interested cities and the State Department of Health. Participation is strictly voluntary and based on each utility's capacity to assist. Participating utilities will be reimbursed per a FEMA rate schedule by the member requesting assistance. Fort Collins Utilities would like to formalize our participation with this agreement. Benefits are two-fold, soliciting donation of resources by the utility, as well as the opportunity to receive support and resources in an emergency. Board Member Pillard asked whether Fort Collins has had a prior need for aid that went unmet because we were not participating in this group. There haven't been any occurrences of issues specific to water/wastewater needs. However, other events, such as the 1997 flood, have prompted the need for a more organized support system. In the event of this flood, we received assistance, but it involved a lot of steps to pull it together. There also are day-to-day cooperative operations that take place between area utilities on a smaller scale. From the City Attorney's standpoint, this helps them stay out of the way of the utilities getting the necessary assistance. It also helps us respond more quickly and not have to pause for legalities. Within the City,there will be several designated officials who can authorize activation of the network, likely Carol Webb, Steve Comstock and Kevin Gertig. Board Member Balderson recommended we think through our process for activation. Vice Chairperson Janett motioned a recommendation for Council adoption of a resolution to authorize the City Manager to enter into the CoWARN Mutual Aid and Assistance Agreement. Motion was seconded by Board Member Wockner, and it passed unanimously. RESOLUTION 2008-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO WATER/WASTEWATER AGENCY RESPONSE NETWORK("CoWARN") WHEREAS,the Colorado Water/Wastewater Agency Response Network("CoWARN") is a system formalized by the Colorado Department of Public Health and Environment, Water Quality Control Division, so that utilities may assist other utilities in responding to emergencies; and WHEREAS,CoWARN has developed a mutual aid agreement("CoWARN agreement")that several other Colorado water and wastewater have entered into; and WHEREAS, there is no cost associated with entering into the CoWARN agreement; and WHEREAS,the City of Fort Collins,if it enters into the CoWARN agreement,may decide on a case-by-case basis whether to aid another Colorado water or wastewater utility in an emergency situation, whether to provide assistance in the form of personnel or equipment, or both, and may elect to withdraw from the CoWARN agreement entirely with 60 days notice; and WHEREAS, if the City enters into the CoWARN agreement and experiences a water or wastewater emergency, the City may immediately seek assistance from other Colorado water and wastewater utilities and the specialized resources they provide in responding to an emergency; and WHEREAS,in order to be eligible for federal grants and reimbursements before,during and after an emergency, the City must support the development of interstate mutual aid programs; and WHEREAS, the CoWARN agreement contains an indemnification provision to protect participating utilities and provides for reimbursement of costs as needed; and WHEREAS,the City is authorized to enter into intergovernmental agreement to provide any function,service or facility, such as mutual aid assistance in the event of an emergency,as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the CoWARN agreement on the terms and conditions described above and such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of May A.D. 2008. Mayor ATTEST: City Clerk