HomeMy WebLinkAbout2015 Ordinance No. 050•
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ORDINANCE NO. t(J}
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "COLORADO'S WATERJW ASTEWATER AGENCY RESPONSE NETWORK
(Cow ARN) MUTUAL AID AND ASSISTANCE AGREEMENT'' BETWEEN MUNICIPAL
UTILITIES DEPARTMENTS TO HELP MEMBER UTILITIES DEPARTMENTS DURlNG
EMERGENCIES .
WHEREAS, the Colorado Water and Wastewater Agency Response Network (CoWARN) is a
network for municipal utilities departments and private Water and Wastewater Utilities fonned to
help member utility departments before, during and after an emergency; and
WHEREAS, Co WARN would provide a method for water and wastewater utilities that have
sustained or anticipate damages to receive intrastate assistance in a timely manner; and
WHEREAS, Co WARN was established because in past disasters, it was discovered that
municipal utilities operations are a specialized field with special requirements and the entity in
need must be self-sufficient until the arrival of other government aid; and
WHEREAS, Co WARN enables quick response time at local and state levels of government
during natural and human caused events; and
WHEREAS, Co WARN recognizes that emergencies may require assistance in the fonn of
personnel, equipment and supplies from outside the area of impact, the signatory utilities
established CoW ARN; and
WHEREAS, through Co WARN, members coordinate response activities and share resources
during emergencies; and
WHEREAS, the passage of this Ordinance allows the City of Englewood, Colorado to join this
network of municipal utilities departments and other utility departments during emergencies
enabling quick response time at local and state levels of government during natural and human
caused emergencies;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby approves the
Intergovernmental Agreement entitled "Colorado's Water/Wastewater Agency Response
Network (Co WARN) Mutual Aid and Assistance Agreement" for mutual aid and assistance
during emergencies, a copy of which is attached hereto as Exhibit A.
Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Co WARN
Mutual Aid and Assistance Agreement for and on behalf of the City of Englewood. -
Introduced, read in full, and passed on first reading on the 19th day of October, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of
October, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 21st day of
October, 2015 for thirty (30) days.
Read by title and passed on final reading on the 2nd day of November, 2015.
Published by title in the City's official newspaper as Ordinance No. :ZZ, Series of 2015 , on
the 5111 day of November, 2015.
Published by title on the City's official website beginning on the 4 th day of
November, 2015 for thirty (30) days.
l, Loucrishia A. Ellis, City Clerk of the C ity of Englewood, Colorado, hereby c ertify that the
above and foregoing isWe copy of the Ordinance passed on final reading and published by
title as Ordinance No.'g'l, Series of 2015.
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Colorado's Water/ Wastewater Agency Response Network
(CoWARN) Mutual Aid and Assistance Agreement
This CoWARN Mutual Aid and Assistance Agreement (Agreement) is made and entered into t:,y, public
and private water and wastewater u tillies 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 Section 24-33.5-713 of the Colorado Revised Statutes.
ARTICLE(.
PURPOSE
Recognizing that emergencies affecting water and wastewater utilities may require assistance in the form of
resources from other water anc:1 wastewater utilities located outside the area of impact, CoWARN was
established by utilities. Through execution of this agreement, members coordinate response activities and
share resources during _emergencies. This agreement outlines the mutual aid and assistal"!ce requirements
between requesting and responding members.
ARTICLE II.
DEFINITIONS
A. Emergency-A natural or manmade event placing a member's ability to provide water and/or wastewater
service that is, or Is likely to be, beyond the control of the resources of the affected Member and
requires immediate action.
B. Member-Any public or private water or wastewater u lilly that manifests intent to participate in CoWARN
• by executing this Agreement.
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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 underCoWARN pursuant to this Agreement.
E. Responding Member-A member that responds to a request for assstance under CoWARN pursuant to this
Agreement: ·
F. Resources-The personnel, equipment, materials and supplies of a responding member that are or may be
the subject of a request for assistance by a requesting member.
G. Period of Assistance-A specified period of time when a responding member assists a requesting member.
The period commences when resources depart from a responding member's facility and ends when the
resources return to the responding member's facility (portal to portal). All protections identified in the
Agreement apply during this ·period. The specified period of assistance may occur during response ta or
recovery from an emergency.
H. National Incident Management System (NIMS)-A national, standardized approach to incident
management and response that sets uniform processes and procedures far emergency response
operations .
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ARTICLE Ill. •
ADMINISTRATION
This Agreement shall be administered pursuant to the terms and conditions of this Agreement and any bylaws
that have been duly adopted by the members.
ARTICLE IV.
REQUESTS 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.
B. Requests for Assistance:ln the event of an emergency, a member's authorized official may
request assistance from other participating members by submitting the request using the
procedures set forth in the most current version of the CoWARN Operational Plan (Plan).
C. Response to a Request for Assistance: After a member receives a request for assistance, the
authorized official of the responding member will evaluate whether resources are available to
respond to the request for assistance. If a responding member is willing and able to provide
assistance, the response shall be conducted in accordance with the Plan.
ARTICLE V.
RESPONDING TO REQUESTS FOR ASSISTANCE
A. Discretion of Responding Member's Authorized Official: Execution of this Agreement doe~ not create
any duty to respond to a request for assistance. When a member receives a request for assistance,
the authorized official of a member shall have absolute discretion for the purposes of this Agreement
as to the availability and use of its organization's resources. •
B. Right to Withdraw: 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 practicable.
C. National Incident Management System (f'JMS): When providing assistance under this Agreement, the
requesting member and responding member shall be organized and shall functbn under NIMS.
D. Control: The resources of the responding member shall remain, at all times, under the direct supervision
and control of the designated supervisory personnel of the responding member and 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 far assigning work and establishing work schedules for the personnel of the responding member.
The designated supervisory personnel of the responding member 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.
E. Food and Shelter. The requesting m ember 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 requesting member remains
responsible for reimbursing the responding member for all costs associated with providing food and
shelter. The rates of reimbursement to the responding member for such resources shall not exceed -
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the state per diem rates for that area.
Safety: All personnel shall comply with established rules of their own member and all Federal, State and
Local regulations. Additional safety rules may be established by mutual agreement of the requesting
member and responding member as conditions require as long as they do not decrease the margin of
safety. Any special safety requirements will be communicated to all personnel by the requesting member.
This includes, but is not limited to, potential exposures due to the presence of chemicals, or other
hazardous elements in the work environment Members will establish minimum safety rules for all
personnel performing work and will be responsible for ensuring compliance of these rules by their
respective personnel.
G. OJmmunication: The requesting member shall provide responding member personnel with
a pp Ii cab I e comm uni cation equipment and contact information as available, in order to facilitate
communications with local responders and utility personnel.
H. Status: Unless otherwise provided by law, the responding member's officers and empbyees retain the
same privileges, inmunities, rights, duties, and benefits as provided ii their respective jurisdictions.
I. Lioonses, Certifications and Pennits: To the extent permitted by law, responding member personnel who
hold licenses, certificates, or permtts evidencing professional, mechanical, or other skills shall be
alowed to carry out activities and tasks relevant and related to their respective credentials during the
specified period of assistance.
J. Laws and Regulations: Members shall be responsible for compliance with all Federal, State and Local laws
and regulations related to the work they perform for the emergency and work associated therewith under
-this Agreement.
ARTICLE VI.
COST REIMBURSEMENT
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. This does not preclude
members from mutually agreeing, in writing, to an alternative reimbursement.
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
empbyment. 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.
8. 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). Rates for equipment not referenced on the FEMA Schedule of
Equipment Rates shall be developed based on recovery of ailalcosts incurred.
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
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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 no 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 sixtieth {60th) day following the billing
date. Unpaid bills become delinquent on the sixty.first (61st) day following the bllllng date, and once
delilquent, the bill accrues Interest at ·the bank prime ban rate, as reported i1 the Federal Reserve
Statistical Release H.15, for the date the request ls made, plus two percent (2%) per annum, computed on
an actual days/actual days basis.
ARTICLE VII.
INDEPENDENT CONTRACTOR, LIABILITY, INSURANCE, AND IMMUNITY
The responding member shall be an independent contractor of the requesting member and wages, hours and
other terms and conditions of employment of the responding member shall be applicable . The responding
member shall procure and maintain in full force and effect at an times, unemployment insurance and workers'
compensation Insurance In accordance with the statutes of its respective home state, and wherever such
benefits can be claimed. Notwithstanding Articles V, VI, and VII, each member shall bear the risk of its own
actions, as it does with its day to-day operations.
If the responding member is a "Public Entitt within the meaning of the Colorado Governmental Immunity Act
CRS 24· 10· 101, et seq., as amended (" Act'), the responding member shall at all times during the term of this
agreement maintain only such liability insurance, by commercial policy or self•lnsurance, as is necessary to
meet its liabilities under the Act. Upon request by the requesting member, the responding member shall show
proof of such insurance satisfactory to requesting member.
If the responding member is not a Public Entity, such responding member shall be subject to the minimum
required insurance amounts in Exhibit A. Nothing contained herein will constitute a waiver by any member of
the provisions of the Colorado Governmental Immunity Act, C.R.S. § 2~10.101, et seq.
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 requesting and responding 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 and the receipt of a request for assistance
shall have no liability or responsibility whatsoever for any such claim, action, demand, or other proceeding.
ARTICLE IX.
EFFECTIVE DATE AND TERM
This Agreement shall be effective after the member executes the Agreement and the applicable Regional
Committee Chairperson, Steering Committee member, or Statewide Committee member receives the
Agreement. This Agreement shall continue in force and remain binding on each and every member until
December 31st of 2035. 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 X.
ARTICLE X.
WITHDRAWAL
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A member may withdraw from CoWARN by providing written notice of ils intent to withdraw to the Regional •
Committee Chairperson, Steering Committee member, or Statewide Committee member. Withdrawal takes
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effect upon receipt of the notice. Withdrawal of participation in CoWARN by a member shall not affect the
continued operation of this Agreement between and among the remaining members.
ARTICLE XI.
MODlFICATION
No provision of this Agreement may be modified , altered, or rescinded by individual members. Modifications
to th is 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. All members will be notified of approved modifications to this Agreement. Approved modifications
take effect sixty (60) days after the date upon which members are notified.
ARTICLE XII.
PRIOR AGREEMENTS
This Agreement supersedes all prior agreements between members regarding mutual aid and assistance
under CoWARN to the extent that such prior agreements are Inconsistent with this Agreement.
ARTICLE XIII.
PROHIBITON ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/ DUTIES
Thfs 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
and/or Wastewater Utility listed here manifests its intent to be a member of CoWARN by executing this
Agreement on th ls. ___ day of, _______ 20 __ .
Water/Wastewater Utility: _______________ _
By:. _____________ _
Title:. _______________ _
Authorized Officials:
Name: _____________ _ Phone: _________ _
Name:. _____________ _ Phone: _________ _
Name: _____________ _ Phone: _________ _
Name: _____________ _ Phone: _________ _
24-hour Contact:. ____________ _ Phone :. _________ _
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Colorado's Water/ Wastewater Agency Response Network
(CoWARN) Mutual Aid and Assistance Agreement
Exhibit A
MINIMUM INSURANCE REQUIREMENTS FOR NON PUBLIC ENTITY MEMBERS
Non Public Entity Responding and Requesting Members shall procure and maintain in full force and
effect at all times (during the" Period of Assistance" or uEmergency") the following Insurance
coverage's, with insurance companies qualified to do business in the State of Colorado:
1. Unemployment insurance and workers' compensation insurance in accordance with the
statutes of its respective home state,
2. Commercial general liability insurance, and automobile liability insurance for owned, hired
and non-owned vehicles. Each policy shall Insure against claims for bodily Injury (including
death) and property damage. Each policy shall have a limit of not less than $1,000,000 per
occurrence. Non Public Entity Member shall have the right to meet the primary insurance
requirements of section (2), through its own self •insurance, provided the Non Public Entity
Member is authorized to provide such self•lnsurance in its home state.
3. In addition, each Non Public Entity Member shall carry umbrella coverage that "follows form"
and extends over the insurance policies within (2) above, of not less than $1 million.
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
November 2, 2015 9bi CoWARN Mutual Aid and
Assistance Agreement -
2nd Reading
Initiated By: Staff Source:
Littleton/Englewood Wastewater Dennis W. Stowe, Littleton/Englewood
Treatment Plant Wastewater Treatment Plant Manager
PREVIOUS COUNCIL ACTION
On January 22, 2007, Englewood City Council adopted a Bill for Ordinance approving
the Colorado's Water/Wastewater Agency Response Network (CoWARN) Mutual Aid
and Assistance Agreement.
RECOMMENDED ACTION
The Littleton / Englewood Supervisory Committee recommends City Council adopt, on
second reading, a Bill for Ordinance Approving the Colorado's Water/Wastewater
Agency Response Network (CoWARN) Mutual Aid and Assistance Agreement.
-BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Water and Wastewater Agency Response Network (CoWARN) is a
network for municipal utilities departments to help other utilities departments during
emergencies. CoWARN provides a method for water and wastewater utilities that have
sustained or anticipate damages to receive intrastate assistance in a timely manner.
Participants can then receive or provide support in the form of personnel, equipment,
materials and other services.
CoWARN was established because in past disasters, it was discovered that municipal
utilities operations are a specialized field with special requirements and the entity in
need must be self-sufficient until the arrival of other government aid. CoWARN enables
quick response time at local and state levels of government during natural and human
caused events.
Littleton/Englewood Wastewater Treatment Plant (UE WWTP) had provided emergency
services under CoWARN. During and after the floods in 2013, an engine driven pump
was loaned to Estes Park. The pump maintained sewer service to the high school and
surrounding sub-divisions after a sewer line crossing in Fish Creek was washed out.
FINANCIAL IMPACT
There is no financial impact associated with the agreement itself. Financial impact
would only occur when emergency services are rendered and the agreement sets forth
the conditions for a payment of services.
LIST OF ATTACHMENTS
• Ordinance No. 6 Series of 2008
• Revised Intergovernmental Agreement: Colorado's Water I Wastewater Agency
Response Network (CoWARN) Mutual Aid and Assistance Agreement
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
October 19, 2015 11ai CoWARN Mutual Aid and
Assistance Agreement
Initiated By: Staff Source:
Littleton/Englewood Wastewater Dennis W . Stowe, Littleton/Englewood
Treatment Plant Wastewater Treatment Plant Manager
PREVIOUS COUNCIL ACTION
On January 22, 2007, Englewood City Council adopted a Bill for Ordinance approving
the Colorado's Water/Wastewater Agency Response Network (CoWARN) Mutual Aid
and Assistance Agreement.
RECOMMENDED ACTION
The Littleton/ Englewood Supervisory Committee recommends City Council adopt a Bill
for Ordinance Approving the Colorado's Water/Wastewater Agency Response Network
(CoWARN) Mutual Aid and Assistance Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Water and Wastewater Agency Response Network (CoWARN) is a
network for municipal utilities departments to help other utilities departments during
emergencies . CoWARN provides a method for water and wastewater utilities that have
sustained or anticipate damages to receive intrastate assistance in a timely manner.
Participants can then receive or provide support in the form of personnel, equipment,
materials and other services.
CoWARN was established because in past disasters, it was discovered that municipal
utilities operations are a specialized field with special requirements and the entity in
need must be self-sufficient until the arrival of other government aid. CoWARN enables
quick response time at local and state levels of government during natural and human
caused events.
Littleton/Englewood Wastewater Treatment Plant (UE WWTP) had provided emergency
services under CoWARN. During and after the floods in 2013, an engine driven pump
was loaned to Estes Park. The pump maintained sewer service to the high school and
surrounding sub-divisions after a sewer line crossing in Fish Creek was washed out.
FINANCIAL IMPACT
There is no financial impact associated with the agreement itself. Financial impact
would only occur when emergency services are rendered and the agreement sets forth
the conditions for a payment of services.
LIST OF ATTACHMENTS
• Ordinance No. 6 Series of 2008
• Revised Intergovernmental Agreement: Colorado's Water/ Wastewater Agency
Response Network (CoWARN) Mutual Aid and Assistance Agreement