HomeMy Public PortalAbout2022.09.22 IdWARN MAA AgreementMUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE
WATER/WASTEWATER AGENCY RESPONSE NETWORK - 1
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MUTUAL AID AND ASSISTANCE AGREEMENT
FOR
THE IDAHO INTRASTATE WATER/WASTEWATER AGENCY RESPONSE
NETWORK (IdWARN)
This Mutual Aid and Assistance Agreement for the Idaho Intrastate Water/Wastewater
Agency Response Network (henceforth referred to as “IdWARN”) is made and entered into by
public and private water and wastewater utilities and other interested parties that have, by
executing this Agreement, manifested their intent to participate in the Idaho WARN.
RECITALS
A. Idaho Code section 67-2332 [previously 67-2335] authorizes one or more public
agencies to contract to perform any governmental service, activity or undertaking which each
public agency entering into the contract is authorized by law to perform.
B. Insuring that water and wastewater systems provide and maintain water and
wastewater services that promote the safety, health, comfort and convenience of the residents
and visitors of Idaho communities is a fundamental function of government.
C. Utilities in Idaho have a duty to provide and maintain their service to promote the
safety, health, comfort and convenience of patrons, employees, and the public.
D. The private and public entities executing this Agreement receive a reciprocal
benefit by establishing processes to provide and receive assistance in advance of an emergency.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and obligations set forth in this
Agreement, and the recitals set forth above, which are incorporated herein as if set forth in full,
the parties agree as follows.
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 utilities hereby establish
this Program. Through the IdWARN program, Members coordinate response activities and share
resources during emergencies. This Agreement sets forth the procedures and standards for the
administration of IdWARN for participating members.
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ARTICLE II.
DEFINITIONS
A. Authorized Official: An employee or officer of an IdWARN 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, international acts,
sabotage and war that is, or could reasonably be beyond the capability of the services, personnel,
equipment and facilities of a IdWARN member to fully manage and mitigate internally.
C.Members:
1.Member. Any public or private water or wastewater utility that manifests intent
to participate in the IdWARN program by executing this Agreement.
2. Associate Member: Any non-utility participant approved by the Statewide
Committee that provides a support role for the Program is a member of the Statewide
Committee established under Article III, and that has executed this Agreement as an
Associate Member.
3. Requesting Member: A Member who requests aid or assistance through the
IdWARN program.
4. Responding Member: A Member who offers aid or assistance under the IdWARN
program.
5. Non-responding Member: A Member or Associate Member that does not provide
aid or assistance during a Period of Assistance under the IdWARN program.
D. Confidential Information: Any document shared with any signatory of this Agreement
that is marked confidential, including but not limited to any map, report, notes, papers, opinion,
or e-mail which relates to the system vulnerabilities of a Member or Associate Member.
E.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 Responding Member’s facility and ends when the personnel, equipment, or supplies return
to such facility (portal to portal). All protections identified in the Agreement apply during this
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period. The Period of Assistance may occur during response to or recovery from an Emergency.
F. Program. The interstate program for mutual aid and assistance established by this
Agreement, also referred to as IdWARN.
G. National Incident Management System (NIMS): A national, standardized approach to
incident management and response that sets forth uniform processes and procedures for emergency
response operations.
ARTICLE III.
ADMINISTRATION
This Program shall be administered through a Statewide Committee. The Statewide Committee,
under the leadership of an elected chairperson, shall meet at least annually to address Program
issues. The Statewide Committee shall also meet at least annually to review emergency
preparedness and response procedures. The Statewide Committee shall represent the interests of
the Members and Associate Members. In addition, the Statewide Committee includes
representatives from the following:
United States Environmental Protection Agency (USEPA); American Water Works
Association (AWWA); Federal Bureau of Investigation (FBI); Idaho Department of
Environmental Quality (IDEQ); Idaho Air National Guard; Bureau of Homeland Security
(BHS); Idaho Rural Water Association (IRWA); Idaho Emergency Management
Association (IEMA).
Under the leadership of the chairperson, the Statewide Committee members shall plan and
coordinate emergency planning and response activities for IdWARN. At its first meeting, the
Statewide Committee shall establish initial membership of the committee and procedures for
administration of the Statewide Committee, including meeting procedures and voting procedures.
ARTICLE IV.
PROCEDURES
In coordination with the standards set forth by the Idaho Office of Emergency
Management, the Statewide Committee shall develop operational and planning procedures for the
implementation of the IdWARN program. The procedures shall be reviewed at least annually and
updated as needed by the Statewide Committee.
ARTICLE V.
REQUESTS FOR ASSISTANCE
A. Member Responsibility. Members shall identify an Authorized Official and alternates;
provide contact information including twenty-four hour access; and, maintain resource information
that may be available from the Member for mutual aid and assistance response. Member contact
information shall be updated annually, or when changes occur, and provided to the
Statewide Committee.
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In the event of an Emergency, a Member’s Authorized Official may request mutual aid
and assistance from a participating Member. Requests for assistance can be made orally or in
writing. When made orally, the request for personnel, equipment or supplies shall be prepared in
writing as soon as practicable. Requests for assistance shall be directed to the Authorized
Official of the participating Member. Specific protocols for requesting aid shall be provided in
the procedures prepared under Article IV.
B.Response to a Request for Assistance. Members are not obligated to respond to a
request. After a Member receives a request for assistance, the Authorized Official will evaluate
whether or not to respond, whether resources are available to respond, or if other circumstances
would hinder response. Following the evaluation, the Authorized Official shall inform, as soon
as possible, the Requesting Member whether it will respond. If the Member is willing and able
to provide assistance, the Member shall inform the Requesting Member about the type of
available resources and the approximate arrival time of such assistance.
C. 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 sole and absolute discretion as to
whether or not to respond, or the availability of resources to be used in such response. An
Authorized Official’s decisions on the availability of resources shall be final.
ARTICLE VI.
RESPONDING MEMBER PERSONNEL
A. National Incident Management System. When providing assistance under this
Agreement, the Requesting Member and the 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 of the Responding
Member, the Responding Member’s employees come under the direction and control of the
Requesting Member, consistent with the NIMS Incident Command System response protocol to
address the needs identified by the Requesting Member. The Requesting Member’s Authorized
Official shall coordinate response activities with the designated supervisor(s) of the Responding
Member(s). The Responding Member’s designated supervisor(s) must keep accurate records of
work performed by personnel during the specified Period of Assistance.
C.Food and Shelter. Whenever practical, Responding Member personnel must be self
sufficient for up to seventy-two (72) hours. When possible, the Requesting Member shall supply
reasonable food and shelter for Responding Member personnel. If the Requesting Member is
unable 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. Except as provided below, the cost for such resources must not exceed
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the per diem reimbursement rates published by the State of Idaho Board of Examiners for the
applicable period and location. To the extent food and shelter costs exceed Board of Examiners’
per diem rates, 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 for reimbursing the Responding Member for all
reasonable and necessary costs associated with providing food and shelter, if such resources are
not 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 radios, in
order to facilitate communications with local responders and Member personnel.
E. Status. Unless otherwise provided by law, the Responding Member’s officers and
employees retain the same privileges, immunities, rights, duties and benefits 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 related 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 at the Responding Member’s
sole and absolute discretion. Notice of intention to withdraw must be communicated to the
Requesting Member’s Authorized Official as soon as is practical 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 assume in whole or
in part such loss, damage, expense, or other cost, or may loan such equipment or donate such
services to the Requesting Member without charge or cost when permitted by law to make such
donation.
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 personnel costs shall be calculated according to the terms provided in their
employment contracts or other conditions of employment. The Responding Member’s
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
should 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 and
unloading of loaned equipment. All equipment shall be returned to the Responding Member in
good working order as soon as is practicable and reasonable under the circumstances. As 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. Reimbursement 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 while 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 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 no later
than ninety (90) days following 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 forty-fifth (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 (1) year after the date a final itemized
bill is submitted to the Requesting Member.
E. Records. Unless prohibited by law, each Responding Member and their duly authorized
representatives shall have access to a Requesting Member’s books, documents, notes, reports,
papers and records which are directly pertinent to this Agreement for the purposes of reviewing
the accuracy of a 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.
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ARTICLE VIII.
DISPUTES
If any controversy or claim arises out of or relates to the execution of this Agreement,
including but not limited to an alleged breach of this Agreement, the disputing Members shall
first attempt to resolve the dispute by negotiation.
If negotiation between the involved Members does not result in the issue being resolved,
the Statewide Committee will assist in the negotiation process.
ARTICLE IX.
REQUESTING MEMBER’S DUTY TO INDEMNIFY
Members who are public entities shall be subject to Article IX only to the extent permitted
by law. Specifically, the duty of a public entity to defend, indemnify or hold harmless any party
shall not be extended beyond the appropriation of expenditures for such duty as required
by law, including Idaho Code section 59-1015 and Article VIII, Section 4 of the Idaho
Constitution. Further, the liability of a public entity shall not be increased by this Article beyond
the extent required by the Idaho Tort Claims Act, Idaho Code Title 6 Chapter 9.
The Requesting Member who is not a public entity shall assume, to the extent allowed by
the Idaho Public Utilities Commission, the defense of, and fully indemnify and hold harmless the
Responding Member, its officers and employees, from all claims, 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 complied
consistently with, the conditions set forth in Article X.
ARTICLE X.
SIGNATORY INDEMNIFICATION
In the event of liability, claim, demand, action, or proceeding of whatever kind or nature
arising out of a specified Period of Assistance, the Members who are not public entities and either
receive and provide assistance shall, to the extent allowed by the Idaho Public Utilities
Commission, have a duty to defend, indemnify, save and hold harmless all Non-responding
Members.
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ARTICLE XI.
WORKER’S COMPENSATION CLAIMS
The Responding Member is responsible for providing worker’s compensation benefits
and administering worker’s compensation for its employees.
ARTICLE XII.
NOTICE
A party who becomes aware of a claim or suit that in any way, directly or indirectly,
contingently or otherwise, affects or might affect other Members or Associate Members of this
Agreement shall provide prompt and timely notice to the Members or Associate Members who
may be affected by the suit or claim. Each Member and Associate 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
IdWARN program.
ARTICLE XIV.
CONFIDENTIAL INFORMATION
To the extent authorized by law, including the Idaho Public Records Laws, Idaho Code
title 74, Chapter 1 [previously sections 9-337 through 9-350], any Member or Associate Member
shall maintain 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,
Associate Member, third party or other entity request or demands, by subpoena or otherwise, that
a Member or Associate Member disclose any Confidential Information disclosed under this
Agreement, the Member or Associate Member 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 and the Statewide Committee receives and approves the admission of the
applicant. The Statewide Committee chair shall maintain a master list of all Members and
Associate Members of the IdWARN program.
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ARTICLE XVI.
WITHDRAWAL
A Member or Associate Member may withdraw from this Agreement by providing
written notice of its intent to withdraw to the Statewide Committee chair. Withdrawal takes
effect sixty (60) days after the Statewide Committee chair receives 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.
ARTICLE XVII.
MODIFICATION
No provision of this Agreement may be modified, altered or rescinded by individual
parties of this 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 require a simple majority vote of
the Members. The Statewide Committee chair must provide written notice to all Members and
Associate 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 and Associate
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 if the Agreement did not contain t he 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.
MISCELLANEOUS
A. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Members and
no person or entity has any rights under this Agreement as a third party beneficiary.
B. Assignment Prohibited. No party may assign benefits or delegate duties created by this
Agreement and such assignments and delegations are without effect.
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C.No Authority to Bind Other Parties or Partnership. Neither the IdWARN Program nor
any party has the authority to enter into contracts or agreements on behalf of one or more parties
to this Agreement. This Agreement does not create a partnership between the parties and nothing
contained herein shall be interpreted to create an employer-employee, master-servant, a joint
venture, or principal-agent relationship between any party in any respect.
ARTICLE XII.
INTRASTATE AND INTERSTATE
MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Members of this Agreement shall participate in mutual aid and
assistance activities conducted under the IdWARN Program and the Interstate Emergency
Management Assistance Compact (EMAC). 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 were established.
IN WITNESS WHEREOF, the Members and Associate Members executing a signature
page attached hereto have entered into this Agreement effective as set forth in Article XV above.
This Agreement may be executed in counterparts by the execution of signature pages. Each such
counterpart shall be deemed as an original, all of which together with the terms herein shall be
considered one and the same Agreement.
[Signature Pages Follow]
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SIGNATURE PAGE
MUTUAL AID AND ASSISTANCE AGREEMENT FOR THE IDAHO INTRASTATE
WATER/WASTEWATER AGENCY RESPONSE NETWORK (IdWARN)
(Organization Name)
Signed By
Position/Title
Date:
Please let us know who you would like to be the main contact person for WARN activities, notices, news, and activations.
Name:
Position:
Contact phone number:
Contact email:
City of McCall
Robert S. Giles, Mayor
09/22/22
Nathan Stewart
Public Works Director
208-634-8943
nstewart@mccall.id.us
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