HomeMy WebLinkAbout2008 Ordinance No. 006•
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ORDINANCE 0 . k__
SERIES OF 2008
CONTRACT NO, 7 -.:J. ct~ b i
BY AUTHORITY
COUNC IL BILL NO . 5
INTRODUCED BY COUNCIL
MEMBER OAKL EY
I ORDI NANCE APPROV ING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENT ITLED "COLORADO 'S WATER/WAS TEWATER AGENCY RES PONSE ~ETWf\~ K
(Co WARN) MUTU AL AID AND ASSISTANCE AG REEME NT" BETWEE N Ml "1C \L
UTILITIES DEPARTM ENTS TO HELP MEMBER UTil..ITIES DEPARTM ENT., u l.:P ,,(l
EMERGENCIES .
WHEREAS, the Co lorado Water and Wastewater Agency Re spo nse Netwo rk (C oW ARN) is a
network fo r m1Jnicipa l utiliti es depanm eni s and private Water and \V astewater Ut ilit ies fa nned to
help member utility depnnment s before , during and afte r an eme rgency: nnd
WHEREAS. Co WARN wou ld pro vide a method for water and wa ste wa ter utiliti es that have
sus tained or antic ipate dama ge s 10 receive intra state assistance in a timel y manner; an d
WHEREAS , Co W ARN was establi shed beca use in past di sas ters, it wn s discovered that
municipal utilities operations are a spec iali 1ed fi eld with spt.,·ia l requirements and the entit y in
need mu st be self-sufficient until the arriva; c other government ni d; and
WHEREAS , CoW ARN enables quick response time at local and state levels of gove nune nt
during natu ra l and human ca used events; and
WHEREAS, CoW ARN recogn izes that emergencie s mny require assista nce in the fonn of
personne l, equipment anJ suppli es from outside the area of imp act, the signatory utilitie s
estab lished Co WARN : and
\VH EREA S, thro ugh Co\VARN, members coo rdinate respon se ac ti viti c.s and share reso urce s
during emergenc ies; and
WHEREAS , the passage of ti.·-Ordinance all ows th e Cit y of Englewood. Co lora do to joi n thi s
net wo rk of municipa l util ities department s and oth er uti lit y department s during emergencies
enablin g quick re sponse time at loca l and state level s of govern ment durin g natura l and hum an
ca used emergencies:
NO W, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF TH E Cl rY OF
EN GLEWOOD , COLO RAD O, AS FOLLOWS :
Section I. The City Cou nci l of Englewood, Co lora do, hereby approves th e
lnt ergovcmmenta l Agreemen t entitled ''Co lorad o's \Vntcr/Wn stewnter Agency Re sponse
Network (C o WARN) Mutual Aid nr.d Assistance Agreeme nt" fo r mutu al aid and assis tanc e
during eme rgencies, a copy of whic h is att ac hed hereto as Exhibit A.
Section 2. The Ma yo r is hereby authori zed 10 sign and the Cit y Clerk to attest sai d Co WARN
Mutual Aid and Assistan ce Ab>reement for and 0 11 be half of th e Ci ty of Enplewood .
Int roduced , read in fu ll , and pa ssed on first readi ng on the 22 "" day of Janu ary. 200 8.
Publi shed as a Bill for an Ordi nance on the 25"' da y of January, 2008.
Rea d by title and passed on final reading on the 4th day of February, 2008.
Publishi:d by title as Ordin ance No.~, Seri es of 2007 , on the 8th da y ofFebru ary, 200 ~ :,
-~-"'=<==::....1=...L<l.Lr=:-~--L
ATI~ JamesK. Woodward ,Mayor
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Loucrishia A. Ellis, Cit y Clerk
I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Co lorado, hereby certify that the
above and foregoing is/etrue co py of the Ordinance pas sed on final re ing and publi shed by
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title as Ordinan ce No . . Scnes of 2008 . • h~
d!JI~~«-•
ucrishia A. Elli s
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• Colorado's Water/Wastewater Agenq, Response l{etwork (Co WARN)
Mutual Aid a nd Assistance Agreement
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This Agreement is made an d entered in to by public and private Wa er and Wastewater Utilities that have, by
executi ng this Agreement, manifested their intent to participate in Colorado's Water/Wastewater Agency Response Network (CoWAR N).
This Agreem ent Is authorized under Sections 24·32·2 113 and 24-l 10· 101, et seq., of the Co lorado Revised Statutes .
ARTICLE I.
PURPOSE
Recognizing that emergencies may require assistance in the fo rm of personne l, equipment, and supplies fro m
outside the area of Impact, the signatory utilities established CoWARN. Through CoWARN, Members coordinate
response activities and share resources during emerge ncies. This Agreement sets forth the procedures and
stan dards for the administration of CoWA RN.
ARTICLE II,
DEFINITIONS
A. Emerg ency-A natural or manmade event th at Is, or is likely to be, beyond th e co ntrol o f the services,
perso nne', equi pm ent, and facilities of a Member. A shortage of untreated (raw) wa ter, a decline in well
yields, or lnadec;ua te ca pacity fo r treatment or del ivery of treated water is not an Eme rge ncy.
8 . Mem be r-Any public or private Water or Wastewater Utility that manifests in t ent to partic ipate in CoWAR N by executing this Agreement.
C. Aut hori zed Officia l-An em ployee of a Member that is authorized by the Member·, governing board or
managemen t to reouest assistan ce or offer assistance under this Agreement.
D. Req uesting Member-A Member who requests assistan ce unde r CoW ARN .
E. Respond ing Mem ber-A Member that res ponds to a re quest for assis tance under CoWARN.
F. Period of AsslstancE.-A specified period of time when a Responding Member ass ists a Requesting Member.
n,e pe ri od commences wh en personnel, equipmen t, or supplies depa rt from a Responding Member's
fac ility and ends whe n the reso urces return to their facility (porta l to porta l). All protections identified in
the Ag reement app ly during this period. The spec,fied Penod of Assista nce may occu r during respo nse to
or re covery from an Eme rgency , as previously defined.
G. Nationa l I ncide nt Mana geme nt System (N IMS)-A national, standardize d approach t o incide nt
ma nageme nt and res ponse tha t se ts un iform processes and procedures fc, emerg ency response
operations. http://www.fe ma.gov/cmergency/nims/inde>.s htm
ARTICLE III.
ADMINISTRATION
Co WARN shall be administered through Reg io nal Co mmittees and a Statewide Comm ittee. n,e purpose of a
Reg iona l Committee is to provide local coordination of CoWAPri befo re, during , and a~er an Emergency. The
Statew id e Committee wi ll establish the regions pursuant to its Bylaws. Eac h Reg iona l Comm ittee, •Jnder the
Revised 11 /26/07
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leadership of an elected Chai rperso n, shal l m~et al least ar inually to address CoW ARN Issues and lo revie.
Emergency preparedness and re sponse pro cedures. The Cha irperson of each Regional Committee represen ts
his/r.er Regional Co mmittee's interests on the Statewide Com mittee. In addition to representing the Interests
of th e Memb ers, the Statewide Committee includ es representatives from the Colorado Department of Publ ic
Health and Environment, the Rocky Mountain Section of the American Wa cer Works Association, the Rock'Y
Mountain Water Environm ent Association, the Co lorado Ru ral \Vaier .Asso ciation, the Rural Commur.ity
Assistahce Partn e,:shi p, and the Colora do Department of Local Affairs Di vision of E'mergency Mana gement.
Pursuant to its Byl aws, the Statewide Committee may vote to include representatives from adaltional
organ izations. Und er tl1e leadersh ip of the Chairperso n, the Statewide Cpmmlttee members shall plan and
coordinate Emergency planning and respon se actlvities for CoWARN. ·
/,RTICLE IV,,
REQUESTS FOR ASSISTANCE
A. Member Cortar;ts: Upon execu tion of this . Agre~'Tient, Men1b~rs shall ident,ify .an Authorized Of{klal and
alternates, provide contact information lhc1udih9 2~-hour ai:tess, and maintain re~ource informatlon m~4e
available by the Member fo r mutual aid and' assisiance response. The 'Re g/pna l Committee Chairperson
sha ll maintain a list of all Me mbers in the respective region and their contact information . The Statewide
Commrttee Chairperson shall maintain a ma ste r list of 'ail Members of CoWARN and their contatt
information, which shal' be available to 1'1embers 2t www cowarn.org.
B. Requ~sJs fo,r /,,ssisli)nce: m tl1e ev~nt of an Er.,~\Qenty, a Member"s Authorized Officia l may request
m~t ua/ ai~ ~nd assistance frum part)d pating Me11J!ieri;. Requests fo r asi;i~tj,nce tj,n be made orally or in
writi ng. Whe n made orally, the request for per5ono1el, equipment, and supplies shall be prepared ,~ \vriti ng,
as so9_n as practicable. Requests for ass istance sha ll be cjirected to !he Authorize d Official~ of th,e.
partltlp'atlng Members. The Requesting 'Member shall provid e tl1e participating· Members with the foll owing • inforn 1atioh:
1. a genera l description of the da mage swstalned;
2. the' part of the water/wa!ifewa\er system fo r which assistance is needed;
3. the amount and type of)lersonnel, equipment, rnaterials, and supplies needed and a reasonable estimate of the length of 'time lhey Will be needed;
4. ti)e pr~sent weather cqnc(ilions ang th~ fo reciJst for the next twenty{our (24) hours;
5, a sp~cifit lim e an d place for a represe ntative of th e Requesting Me mbe r to m~et the personn el
.ancf equipment of the ~espondin ~ Mem ber(sli an d ,
'6·. 'the ldentl fi ca'tlori of war~ i:ondlttiln~ ati d ·special constraints, such a~ ~vallablllty of fuel supplies,
lodg •:·'!)/meal support, medica l facilities, security, comlnunicatfons, etc.
C. Response to i! Request for Assistance: Alter a Member receives a request for assistance, the Authori zed
Officia l eval uates whether reso urces are available to respond to the request for assistance. Fo ll owing the
eva lu ation, the Autl,o rized Official shall info rm, as soon as possib le, the Requ~sting Member whether it has.
the resources to res pond . If a Me 111ber is willin g an d aole to provide assistance, the Member shall Prov;de
the Requesting Memb er with the following /~formation: ·
·l. a· comp lete description o( the personnel, eq uipment and materlalS' to be f~rnished to lhe Reque#ing Member; . ·
2. the estimated length of time th~ pe rsnlinel, equipment an·d mareHals wli l be availab le;
l fh~ wo,k e~perience and <1bil!ly of the r ersg nne/ and the capa biii ly · of the· e~ulpment to be f urn is hed;
Revised 11/26/07 •
• 4. the nam e of the person or pcrso n5 to be desi gnated as supervisory personn el; and
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5. he estimat c, time whe n he assistan ce provided viii/ arr ive at the location design at ed by tir e AuU1 orized Offi cial of the Re ques ting Mem ber.
D. D,scretion of Responding Member's Authon'zed Official: Ex ecu tion of thi Agreement does not crea te ~
~'iPJlnd to a reques t for assistance. Wh en a Member receives a request for assistance, the
Authori,ed Offici al shall have absolu te discretion as o the ava ila bili ty of resources. l\n Authorized Official's dec lsr on s on the cvailab ili ty of resources shall be final.
ARTICLE V,
RES BER ERSONNEL AND E UIPMENT
A f '· tiond fnodent Management System (NIMS): Wh en providing assistd nce under this Agreement, tl1e
Requesting Member and Responding Member shall be organi zed and shall function under NIMS.
b . Control: 1l1e perso nn el and eq uipmen t of the Responding Member shall remain, at all limes, under the
direct supervision and control of the designated supervisory personn el of the Resp onding Mem ber. In
instance~ where onl y equipment is provided by the Respor/ding M€mber, the ownership of said equipm ent
shall remain with the Respondi ng Memb er, and sai d equipment shall be returned to the Responding
Member immediately upon request. ReP'esentatlves of th e Requesting Member shall sug gest work
assign ments and schedules for th e personnel of the Respondi ng Mem ber; however, the desig nated
supervisory personnel of the Responding Member shall have th e excl usive responsibility and ,utho, ,. , for
assign in9 work and establishi ng work sc hedules for the personne l of the Respondin g M ,mber n,e
desig nated superviso ry perso nnel shall maintain dally personnel ti mQ rec ords and a :C,g r ,..,.,,, ""'' nt
hours, be responsibl e for the operation and maintenance of the equipm ent furnish ed by .11 ~ Rt _ JO"C!in g Member, and report Work progress to th e Requ esting Member .
C. FOOd and Shelter: The Requ esting Member sha ll supply reasonable foo d and shelter for Responding
Member personnel durin g the Peri od of Assistance. If the Requ esting Mem ber fails to provide food and
she lter for Responding Membe r personnel, the Responding Member's designated supervisor is authorized
to secure the resources necessa ry to meet the needs of its perso nnel. The cos t fo r such reso urces mus t
not exceed the state per diem rates for that area . TI1e Requestin g Member remains responsible for
reimbursing th e Re~ponding Member for all costs assocrated wi th provi ding food and sh elter, if the Re questing Membe r does not provide such re ,ources.
D. Communication: The Requ esti ng Member shall provide Responding Member p erso nn el with ra dio
equipm ent as available, or ra dio freq uency information, in order to facilitate communications with loca l responders an d utility personnel.
E. Status: Un l ess otherwise provided by la w, the Responding Member's orficers and employees retain the
same privileges, Imm unities, rights, duties, and benefits as provid ed In their respective jurisdictions.
F. Licenses and Permits: To the extent permitted by law, Respond ing Mem ber personnel who hold lic enses,
certificates, or permlls ev idencing profess ional, n ,echanlcai, or othe r skiils shall be allowed to carry ou t
activities and tas ks relevant an d related to th eir respective credentials du ring tl1e sp eci fied Period of Assistance .
Revised ll/26/07
G. Right co 11 1hrlra1v: TI1e Responding Member's Authorized Official retains the right to withd raw some or a,.
of its resou rces at any lime. Notice of intention to withdraw must be co mmun icated to the Requestin g
Member's Auth oriz ed Officia l as soo n as pos sible.
ARTICL I; VI .
CO ST REIM BURSEM ENT
Unless otherwise mu tu ally ag ree d in whole or in part; the Requ esti ng Memb er shall reimburse tl1 e Res ponding
Member fo r each of the fo ll owin g catego,ies of costs in curred whi le providing aid an d ass istan ce duri ng the
spe cified Period of Assista nce,
A, Personnel: R ?spend ing Membe r personne l are to be paid for work .compl eted durin g a speci fi ed Pe riod of
Assistance accordi ng to the term s provid ed in th eir employment co ntracts or oth er con ditions of
employm ~nt. l he Respond ing Mem.ber designated sup erviso r(s) must kee p dCCurare, records of work
performed by pe rsonne l during the spec ified Period of Assista r,ce. Requ es ting Mem ber reimburse ment to
th e Respond ing Member must co nsider all personne l tests, indudi~g sa lari es or h0•,rly wages, costs for
fr inge b~nefits, and indirect costs.
B. Equip[11en t : Tl1e Res ponding Memb ~r sh all be re imbu ~sed for ihe us11 of ,ts equipm ent du ri ng the Period of
Assistan ce accordin g to the ?Chedule of Equipment Ra te~ qst'lplishecj and publi shec/ by th e, Federal
Em~rgency Ma na ge ment Ag ency (FEMA), http://www.fe)na_.gov/xls/ffov erlime nt/orant/pa/egs ch.xl~. Rates
for ~quipment not referenced on the FEMA SchetJu le of Equ ipment R.ates slia ll be de\lelopetl based on
actual recovery of costs,
C. Materials and Supplies: The Re qu estin g Member must relmbwse. ~1e Resppnd ing Membe , i~ ~in d or at •
actual replacem ent cost, plus hahdllhg charg es, for use o.f expendable or npn-retufnali le supplies. The
Responding Member mu st not ctiarge di r~ct fees or rental cha rges to J:he Request ing Mem ber for other
suppli es 1,,1d reusable Items that are return ed to the Responding Mem ber In a "Clean, d~mag e-free
co ndi tio n. Reusable supplies that are. returned to the Res pondin9 Member with damage must be tteated ·as
ex pendab le supplies for RUrp,p~es of ,ost rel mbursel]lef\t
D. Payment Period: The Respo nding Membe r must provide an itemized bi ll to the Requesting Mem ber for all
expenses It incu, red as a res ult of providing assistance und er \tlis Ag ree 111ent. The Respq nding 1'1,emb er
must se nd th e Itemized bill not later th an nin ety (90) days foll oi,ing, th e encl' of th e Period of Assistance .
The P,equ~ting Memb er mu s,t pay th~ bill in full on or before the fosty-nft/1 (45\h) day follo,.,ing lhe □ill ing
daft!. Unpai d bills becom e dellnqueht .on the fort)l-slxtli (46th) day followlhg th e billing date, ahd, once
delinquent, tne bill accrues In terest at the bank prime loa n rate, as repoIted In th e f ederal Reserve
Sta tl stit al Release H.15, http ://www.federa lreseive.oQ\'/releases lHl5/update/. for the date th e requ est Is
made, plus tw o percent {2 %) pe r annum, ccmputed '" an actual days/actua l day~ ba~is.
ARTICLE VU .
LIABILITY , INSURANCE , AND IMM UN ITY
Notwith standing Alt!cles V apd VI, ea cti Memb ~r shall bcaJ the ri~k qf'il,s ov,n actiqn s, as it does witil It:; day-
to-day operations, and determin e for i tself what ki nds of insurance, ana In what amounts, If sh ould cany,
Nothin g co nta ined herei n Will corsti tute a waiver by aI1y Membe r ol the provisio ns of tlle Coltlrado
Governmen,.,I Im mun ity Ac,, C.R.S. § 24·10-101 , et seq,
Revis ed l 1126107 •
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AR TI CLE VIII ,
SIGNATORIES
In the even t of a claim, demand, action, or proceeding of whatever ,ind 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
iimited to e>:ecuaon of this Agreement shall have no hab1hty or responsibility whatsoever for any such clai m, action, demand, or other proceeding .
ARTICLE IX .
NOTIC E
A Member that becomes awa re of a claim or sui t that in any way, directly or indirectly, contingentl y or
ot herwis e, affects or might affect other Members of this Agreement shall provide prompt and timely notice to .
the Members tha t m ay be affecced by the su it or claim. Each Mem ber reserves the right to participate in the
defense of such claims or suits as necessary to protect its own· interests.
ARTICLE X,
EFFECTIVE DATE AN D TERM
This Agreement shall be effective a~er the Member e,ecutes the Agreement and the applicable Regional
Committee Chairperson receives the Agreem ~nt. This Agreement shall continue in force and remain binding on
each and every Member until Decembe r 31st of 2027. This Agreement may be re newed for a period of twenty
years upon the signa ture of those Mem bers who wish t o participa te. Any Member may termina te its participa ti on in this Agreement pursuant to Article XI.
ARTICLE XI .
WITH DRAWAL
A Member may withdraw from CoWARN by providing written notice of Its intent to withdraw to th e applicabl<
Regional Committee Cha irperson. Withdrawal takes effect sixty (60) days after the Regional Committee
Cha irperso n receives notice. A withdrawing Member al so shall provide cop;c, uf the notice of withdrawal to th~
Statewide Chairperson and all Reg io nal Members. Withdrawal of pa I1icipation in CoWARN by a Member shall
not affect the continued operauon of :his Agreemem between and among the r~maining Members.
ARTICLE XII.
MODIFICATION
No provis ion of this Agreement may be modified, altered, or resci nded by individual Members. Modifications to
this Agree men t may be due to programmatic operationa l changes to suppo rt the Agreement. Modifica tions
req ui re a si mple majority vote of Members within each region and a unanimous agreement am0ng the rcginns.
The State wid e Cornm1nee C11airperso n must provide writt n nouce lo all Members of approved modificabo11s
to this Agreement. App1oved modifications take effect sixty (60) days after the date upon wh ich notice is se nt to the Members.
ARTICLE XIII.
PRIOR AGREEM~
This Agreement su persedes all pr ior agreeme nts between M mbers lo the exten t that suc h prior agreeme nts are inconsistent with this Agreement.
ARTICLE XIV.
PROHIBffiON ON THIR PARTIES AND ASSIGNMEN T OF RIGHTS /DI TI§
Revised J l /26/07
This Agreement is for the sole be nefi t of the Members, and no person or entity mu st have any rig hts under.
this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this
Agreel)'le nt are ~rohi bited and must be withollt. effect.
Now, therefore, in oonsideratiori of the covenants and obligations set•f6rtH in this Agreement, the
Water or Wastewater Utility listed her.e manifests its intent to be a Member of toWARN by
e"><ecuting this Agreement on t h is ___ d~y of _________ 20_ ..
Water/Waste \"later Utility:-------------------------~
By:--------------------
Title : ______________________ _
Authorized Officia ls:
Na me: ________________ Pho ne: _________ _
Name: _____ -----~~~-'-----Ph one :~-_________ _
Name , _________________ Ph cfne: _________ _
Name: _________________ Pho ne: _________ _
24-hour contact: _______________ _ Phone, _________ _
Revised 11/26/0 7 6.
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COUNCIL COMMUNICATION
Date :
Janu ary 22 , 20 0i
Agenda Item:
I I a d
Subject: ---1
I CoWARN M utua l A id and As sistan ce Ag ree m~n1 ___ ]
Initiated By: Staff Source: I
U tili tie s D epartm ent St ewart H . Fo nda , Direc tor of U t ili ties
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
RECOMMENDED ACTIO
Th e Water an d Sewer Boa rd, at their Jan uary 8, 20 07 mee t ing, reco mmended Ci ty Cou nci l ad opt a
Bill fo r an Ordinance approv ing th e Colo rado 's Wa ter/Wastewater A ge ncy Response Network
(CoWARN ) M utual Ai d and Assis tance Agree men t.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Colo rado Water and W as tewa ter Age ncy Resp o ns e N etwork (CoWARN) is a network fo r
municipal u til itie s dep artm ents to help oth er utiliti~s dep artm ents during emerge nci es. CoWARN
would provide a meth o d fo r water and was tewa ter utilities th at have su stain ed o r anticipa te
da mages to re ce ive in tra state ass istance in a tim ely mann er. Part ici pants can then rece ive or
prov id e support in the fo rm of perso nnel, eq uipm ent, ma terials and ot her se rvices.
CoWARN w as es tab li shed beca use in pas t disas ters, it was discovered th at municipa l utilities
operati ons are a sp ec ia lized fi eld w ith spec ial requ irem ents and th e en tity in nee d mu st be sel f-
sufficient until th e arr ival of oth er gove rnm ent aid . CoWARN enables qu ick respo nse tim e at local
and state levels of governm ent duri ng natu ral and huma n ca use d even ts.
FINANCIAL IMPACT
Th e res po nding p arty would provide an i tem ized bill within 90 da ys to the requ estin g mem ber for
exp enses i nc urred fo r p rovid ing assis tan c e. The req uestin g m ember must pa y th e bi ll in full with in
45 da ys foll owing th e b illi ng. A ny un paid b ill s will acc rue in teres t at the bank prim e loa n rate.
LIST OF ATTACHMENTS
Bill for an O rd inance