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HomeMy WebLinkAbout1998-04-13 City Council (15)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL ~ FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:APRIL 13, 1998 CMR:177:98 SUBJECT:ADOPTION OF RESOLUTION TO PARTICIPATE IN THE WASTEWATER AGENCY RESPONSE NETWORK AGREEMENT RECOMMENDATION Staff recommends that Council adopt and authorize the Mayor to execute the,attached resolution authorizing the City to participate in the Wastewater Agency Response Network agreement. BACKGROUND In the event of an emergency such as a major earthquake, the City’s resources to restore the utility systems could be overwhelmed, and would have to rely on assistance from other like agencies. This situation is common to all cites. The California Emergency Services Act requires all wastewater agencies to provide mutual aid assistance for each other in times of emergency. The City of Palo Alto is located in Mutual Aid Region II, as defined by the State Office of Emergency Services. The California Utilities Emergency Association (CUEA) operates the Utilities Branch of the State Office of Emergency Services, and supports planning, response, and recovery for utility-related emergencies. The CUEA has requested that the City of Palo Alto join its Wastewater Agency Response Network (WWARN). DISCUSSION The WWARN was formed by the CUEA to facilitate and coordinate access to available resources during an emergency. The WWARN Mutual Aid Agreement elicits the administration and use of the mutual aid resources. By signing the WWARN Mutual Aid Agreement, the City becomes a member of the Region II mutual aid pact that has ready access to emergency resources within the region. The mutual aid agreement provides for mutual assistance in times of emergency; and provides for reimbursement for equipment, supplies and personnel made available during the emergency. CMR177:98 Page 1 of 2 RESOURCE IMPACT Assistance to other .wastewater agencies ,within State Region II during disaster situations would generally be in the form of equipment, supplies, and personnel. Assistance would be given only if the City determines that its own needs can be met while rendering assistance. There will be expenses for the exchange of supplies and services during the emergencies. Such expenses include the use of expendable or nonreturnable supplies, salary and benefits costs for the loaned personnel, costs to feed and house loaned personnel, etc. The Mutual Aid Agreement spells out the terms of the reimbursements, and the regional WWARN committee administers the cost issues of the mutual assistance. There will also be some cost for maintaining and updating the resource list, but these costs are expected to be minimal. POLICY IMPLICATIONS The recommendation is consistent with existing City policies. ATTACHMENTS A - Resolution B - WWARN Omnibus Mutual Aid Agreement PREPARED BY: Bill Miks, Manager RWQCP DEPARTMENT REVIEW: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: EMI~=Y HARRISON Assistant City Manager CMR177:98 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING PARTICIPATION IN THE WWARN 1997 OMNIBUS MUTUAL AID AGREEMENT DEDICATING SERVICES~ AND EQUIPMENT TO OTHER AGENCIES IN STATE REGION 1 DURING DISASTER SITUATIONS ATTACHMENT WHEREAS, the California Office of Emergency Services (OES), the Department of Health ServiCes (DOHS), and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage wastewater treatment and collection agency mutual aid agreements between wastewater agencies; and WHEREAS, the Wastewater Agency Response Network (WWARN) is created to provide ~a forum for the development of mutual aid agreements between wastewater agencies in the State of California; and WHEREAS, the City of Palo Alto, a wastewater treatment and collection agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the wastewater agency whenever emergency personnel, equipment and facility assistance are provided from one wastewater agency tot he other; and WHEREAS, the WWARN 1997 OMNIBUS MUTUAL AID AGREEMENT ("Mutual Aid Agreement") sets forth the mutual covenants and agreements for wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, no wastewater agency should be in a position of- unreasonably using its own resources, facilities, or services providing such mutual aid; and WHEREAS, it is the intent of WWARN to renew this Mutual Aid Agreement and revise it as necessary and to annually publish a list of all wastewater agencies participating in this agreement; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division i, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION i. The Council hereby approves of, and authorizes the City of Palo Alto to become a party to, the WWARN 1997 OMNIBUS MUTUAL AID AGREEMENT. The City Manager is hereby authorized to execute the Mutual Aid Agreement and otherwise take appropriate action to effectuate its purposes, including furnishing or causing 930127 syn 0071361 1 to be furnished the information required to be provided under the Mutual Aid Agr@ement. SECTION 2. The approval of the Mutual Aid Agreement does not constitute a project under the California Environmental Quality Act, and no environmental assessment is necessary. SECTION 3. In accordance with Section 2.04.350(a)(6) of the Palo Alto Municipal Code, this Resolution shall take effect immediately upon its adoption. INTRODUCED AND PASSED: AYES: NOES: ABSENT° ABSTENTIONS: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager ~Director of Utilities Director of Public Works Acting Director of Administrative Services 980127 syn 0071361 2 WWARN 1997 OMNIBUS MUTUAL AID AGREEMENT ATTACHHEN THIS AGREEMENT is made and entered into by those wastewater agencies who have adopted and sigr~ed this agreement to provide mutual assistance in times of emergency in accordance with the California Emergency Services Act and the California Disaster and Civil Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies and personnel made available on an emergency basis. All of said wastewater agencies are herein referred to collectively as "the parties." In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree to provide mutual assistance to one another in times of emergency as follows: Article I - APPLICABILITY. This agreement is available to all wastewater agencies, public and private, in the State of California. Article II - ADMINISTRATION. The administration of the Wastewater Agency Response Network (WWARN) will be through Regional WWARN Steedng Committees and a State WWARN Steedng . Committee. Both wastewater treatment and collection agencies will be repres.ented on each Regional Steering Committees. The Regional VWVARN Steering Committee(s) will be established by representatives from the signator agencies in that region. A chair will be elected and act as administrator for that region and represent the region on the State WVVARN Steering Committee. Each Regional VWVARN Steering Committee wil! sponsor an annual meeting for signator agencies, maintain a data base of all wastewater agencies who have signed this agreement, and meet as a committee to address concerns and procedures for requesting mutual aid in that region. The regions will be comprised of one or more of the six OES regions. The State WWARN Steering Committee will include the chairs of the regional steering committees, and a representative from the Department of Health Services (DOHS), California Utilities Emergency Association (CUEA), and the State Water Quality Control Board (SWQCB). At a minimum, the State WWARN Steering Committee will issue a list of participating agencies and an update of the Emergency Equipment Data Base annually. , . Article ill - DEFINITIONS: : EMERGENCY. "Emergency" means a condition of disaster or calamity arising withi~ the area of operation of the parties, caused by fire, flood, storm, earthquake, civil disturbance, or other condition which is or is likely to be beyond the control of the services, personnel, equipment, and facilities of either party hereto ~nd require.s mutual ~ssistance. DISASTER’SERVICE WORKER. As defined in the Government Code, Chapter 8, Division 4 of Title 1, section 3101, "Disaster service worker" includes all public employees and all volunteers in any disaster council or emergency organization accredited by the California Emergency Council. The term "public employees" include all persons employed by the state or any county, city, city and county, state agency, or special district, excluding aliens legally employed. LENDER. "Lender" is a signatory agency(ies) rendering assistance under this Agreement. BORROWER. "Borrower~ is a signatory agency(ies) receiving assistance under this Agreement. Article IV - REQUESTS FOR ASSISTANCE. Requests for emergency assistance under this Agreement shall be directed to the appropriate designated contact(s) from the attached list of participating wastewater agencies. WWARN 1997 Omnibus Mutual Aid Agreement It is recommended that the Utilities Operation Center of the California Utilities Emergency Association (CUE.A) be notified of mutual aid assistance activation under this Agreement. CUEA operates the Utilities Branch of the State Office of Emergency Services. In this capacity, CUEA supports planning, response, andrecovery for utilities’ related emergencies. By notifying the Utilities Operation Center (UOC) of activation of this agreement during emergencies, CUEA can ensure maximum effectiveness in allocating resources to the highest priority needs as demanded in widespread emergencies. Additionally, CUEA will use the information received through the UOC to compile a historical database that can be used for pre- and post- emergency planning and training efforts in the future. The UOC can be reached at 916-262-1822. Article V - GENERAL NATURE OF ASSISTANCE. Assistance will g~nerally be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be given only when LENDER determines that its own needs can be met while rendering assistance. The execution of this-P, greement shall not create any duty to respond on the part of any party hereto. A potential LENDER shall not be held liable for failing to provide assistance. A potential LENDER has the absolute discretion to decline to provide any requested assistance. Resources are to be made available on a loan basis with reimbursement terms varying with the type of resource. "’" Article Vl - LOANS OF EQUIPMENT. Use of equipment, such as construction equipment, vehicles, tools, ¯ pumps and motors, shall be at LENDER’S current equipment rate and subject to the following conditions: (b) (c) .~.(d) (e) At the option of LENDER, loaned equipment may be loaned with an o~erator. Loaned equipment shall be returned to LENDER within 24 hours after receipt of an oral or written request. BORROWER. shall, at its own exper~se, supply all fuel, lubrication and maintenance for loaned equipment. LENDER’S cost related to. the transportation, handling and Ioadinglunloading of equipment shall be chargeable to BORROWER. In the event loaned equipment is damaged v~hile being dispatched to BORROWER, or while "" in the custody and use of BORROWER, BOFiI~OWER shall reimburse LENDER for the reasonable cost of repairing said damaged equipment. If the equipment cannot be :.repaired, then BORROWER sh’all reimburse LENDER fbr tlie cost of replacing such "’ "equipment with equipment which is of at least equal capability..if LENDER must lease a piece of equipment while LENDER’S equipment is being repaired or replaced, BORROWER shall reimburse LENDER for such lease costs. Article VII - EXCHANGE OF SUPPLIES. BORROWER shall reimburse LENDER in kind or at actual replacement cost, plus handling charges, for use of expendable or nonreturnable supplies. Other supplies and reusable items which are returned to LENDER in a clean, damage.free condition shall not be charged to the BORROWER and no rental fee will be charged; otherwise, they shall .be treated as expendable supplies. Article Vlll - PERSONNEL LENDER will make such employees as are willing to participate available to BORROWER at BORROWER’S expense equal to LENDER’S full cost, i.e., equal to the employee’s current salary or hourly wage plus fringe benefits and overhead, and consistent with LENDER’S personnel union contrac!s or other conditions of employment, including all direct and indirect costs associated with workers compen.sation claims. Costs to feed and house loaned personnel, if necessary, shall be chargeable to and paid by BORROWER. LENDER will not be liable for cessation or slowdown of work if LENDER’S employees decline or are reluctant to perform any assigned tasks if said employees judge such task to be unsafe.¯ Article IX - LIABILITY AND HOLD HARMLESS. Pursuant to Government Code Section 895.4, BORROWER shall assume the defense of, fully indemnify and hold harmless LENDER, its Directors, Council Members or Supervisors, its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the BORROWER’S WOrk hereunder, including, WWARN 1997 Omnibus Mutual Aid Agreement but not limited to, negligent or wrongful use of equipment, supplies or personnel on loan to BORROWER, or faulty workmanship or other negligent acts, errors or omissions by BORROWER or by personnel on loan to BORROWER from the time assistance is requested and rendered until the assistance is returned to LENDER’S control, portal to portal. Each party hereto shall give to the others prompt and timely written notice of any claim made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, contingently or otherwise, affects or might affect them, and each shall have the right to participate in the defense of the same to the extent of its own interest. Article X - LIABILITY FOR JOINING. In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature arising out of the r~ndering of assistance through this mutual aid Agreement, the parties involved in rendering or receiving assistance agree to indemnify and hold harmless, to the fullest extent of the law, each signator to this mutual aid Agreement, whose only involvement in the transaction or occurrence whichis the subject of such claim, action, demand or other proceeding, is the execution and approval of this Agreement. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, inclu.ding reasonable attorneys’ fees and other costs of defense, for personal injury and property damage. Article Xl - WORKER’S COMPENSATION AND EMPLOYEE CLAIMS. LENDER’S employees, officers or agents, made available to BORROWER shall, except as otherwise provided under Labor Code sections 3600.2 through 3600.6, be considered to be the special employees of BORROWE~R and the general employees of LENDER (as defined in Insurance Code 11663) while engaged in carrying out duties, functions, or activities pursuant to the Agreement. The special employer, if any, and general employer, shall indemnify and hold all other member agencies harmless from any and all, claims, liabilities or damages for personal injury incurred by such officers, employees or agents while engaged in carrying out their duties, functions or activities, despite any passive negligence of other member agencies (other than their sole and exclusive negligence). Article XII - MODIFICATIONS. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement require a simple majority vote of signator agencies to the Agreement within each region and unanimous agreement between the regions. The State Steering Committee will notify all parties of modifications to this Agreeme..nt in writing and those modifications shall be effective upon 60 days wdtten notice to.the parties. Article XlII - REIMBURSEMENT. The BORROWER agrees to reimburse the LENDER within 60 days from receipt of an invoice for assistance provided under this Agreement. To the extent that the BORROWER seeks FEMA funding for any cost associated with assistance provided under this Agreement, the BORROWER may be required to have acceptable FEMA accounting practices in place at the time of the need, and to the extent that the BORROWER Seeks state funding for any cost associated with assistance provided under this Agreement, the BORROWER will be required to use the Standardized Emergency Management System (SEMS). Article XlV - TERMINATION. This Agreement is not transferable or assignable, in whole or in part, and any party may terminate their participation in this Agreement at any time upon 60 days’ written notice delivered or mailed to the appropriate VWVARN regional chairman. Any outstanding obligations incurred by a party prior to the termination of the party’s participation in the agreement will survive the termination until satisfied. Article XV - EFFECT. Agreement shall take effect for a new party immediately upon its execution by said party. Article XVI - PRIOR AGREEMENTS. To the extent that prior agreements between signators to this Agreement are inconsistent with this Agreement, all prior agreements for mutual aid between the parties hereto are hereby superseded. WWARN 1997 Omnibus Mutual Aid Agreement Article XVII - ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the Rules of the Amedcan Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Article XVill - TORT CLAIMS. This Agreement in no way acts to abrogate or waive any immunity available under the Tort Claims AcL Agency Name: Address: City: County: W3/VARN 1997 OMNIBUS MUTUAL AID AGREEMENT Emergency Contact List Zip Code: Primary Emergency Contact: Name: Secondary Emergency Contact: Name: Emergency Operation Center: Name: Radio Freque’n~y: Telephone: () Cell Phone: () Pager:. "() Telephone:( Cell Phone:( Pagen ( Telephone:( Cell Phone:( P~ger:( Call Signs: ) ) ~) No. of Services: OES Region: Other Information: :\w13 flle~\w~rn(con ~¢t: ~ 0 o oo 1- 0 .I