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HomeMy WebLinkAbout10B - Minnesota Water Agency Response Network (MNWARN) CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: MARCH 16, 2009 10B CRAIG ELDRED, STREET AND UTILITIES SUPERVISOR CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER EXECUTE THE MINNESOTA WATER AGENCY RESPONSE NETWORK ( MNWARN) MUTUAL AID AGREEMENT (MAA) AGENDA ITEM: DISCUSSION: Introduction The purpose of this agenda item is to seek approval authorizing the Mayor and City Manager, on behalf of the City of Prior lake to execute the MNWARN Mutual Aid Agreement for the emergency utility services. Historv In February of 2007, under the guidance of the U.S. Department of Homeland Security and the U.S. Environmental Protection Agency, the American Water Works Association along with the Minnesota Department of Health began investigating the interest of municipal utility providers throughout Minnesota to see if there was an interest or a need to develop an emergency response network for Minnesota. A need for the network was identified and with the assistance of the league of Minnesota Cities legal staff, volunteers from several communities worked to develop a Mutual Aid Agreement (MAA) known as MnWarn. Current Circumstances Currently 53 Minnesota communities have joined the MnWarn program. Basically, the agreement provides the terms and conditions under which municipal entities will respond to one another, with personnel and equipment, when there is an utility emergency where additional assistance is needed. The proposed MnWarn Agreement is similar to the mutual aid agreements the participates in for police and fire services. A copy of the proposed Mutual Aid Agreement for MnWarn is attached along with a brochure which additional information on MnWarn. Staff would recommend utilizing our current Scott County Association for Leadership and Efficiency (SCALE) equipment fee schedule, if City staff were to assist an outside agency through MnWarn (Scale discussed MnWarn at their March 13 meeting). ISSUES: Staff believes that SCALE will encourage member participation in MnWarn so the City's action to be involved in emergency response throughout the State of Minnesota when a need may arise and we have the staff or equipment available to respond is consistent with the actions of other Scott County area municipalities. R:\Council\2009 Agenda Reports\03 16 09\MnWarn agenda. doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 For example, it would have been helpful to have this type of agreement in place to deal with the request for assistance municipalities received from South Eastern Minnesota communities during flooding last year. Another example is locally with our recent CR 21 watermain emergency which could have required outside aid if the incident had continued. In that instance Savage and Shakopee Public Utilities Commission both offered assistance to Prior Lake. Staff believes that this system could provide valuable assistance in response to flooding, tornados and utility failures such as large diameter pipe issues. FINANCIAL IMPACT: Although there are no costs associated with being a member of MnWarn, the City will be entitled to reimbursement for actual costs of employees and equipment based on City fee schedules. The responsibility for record keeping falls on the responding party's supervisors for work time and equipment expenses. If the responding party doesn't maintain a fee schedule for equipment, the City would receive compensation based on Federal Emergency Management Agency rates. ALTERNATIVES: 1. Approve a resolution authorizing the Mayor and City Manager to execute the MnWarn Mutual Aid Agreement. 2. Table this item for a specific reason. 3. Deny this agenda item for a specific reason and provide staff with direction. RECOMMENDED MOTION: Alternative #1 l - nager R:\Council\2009 Agenda Reports\03 16 09\MnWarn agenda.doc ~o~ PR~ t ~ U 7\ I'1"j ~INNESO~l'> 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xx A RESOLUTION AUTORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE MINNESOTA WATER AGENCY RESPONSE NETWORK (MNWARN) MUTUAL AID AGREEMENT Motion By: Second By: WHEREAS, Minnesota Statues, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; and WHEREAS, MnWarn has been established by the adoption of a Mutual Aid Agreement (the Agreement) among governmental units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; and WHEREAS, The Agreement allows other governmental units to become a party to the Agreement by the adoption of this resolution and sending notice to the Secretary of the Statewide Committee for MnWarn; and WHEREAS, The governing body of Prior Lake considers it to be in the best interests of the City of Prior Lake, Scott County to be a party to the Agreement. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council authorizes the Mayor and the City Manager, on behalf of the City of Prior Lake, to enter into and become a party to Minnesota Water Agency Response network and sign the MnWarn Mutual Aid Agreement PASSED AND ADOPTED THIS 16TH DAY OF MARCH 2009. YES NO I Haugen I Erickson I Hedberg I LeMair I Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager R:\Council\2009 Agenda Reports\03 16 09\MnWarn reso.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 MINNESOTA WATER AGENCY RESPONSE NETWORK (MnWARN) MUTUAL AID AGREEMENT This Minnesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made and entered into by the undersigned Parties. WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water, wastewater or storm water utilitiy; and WHEREAS, the Parties hereto have established a water, wastewater and/or storm water utility; and WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of personnel, equipment and supplies from a Utility outside the Governmental Unit; and WHEREAS, the governing bodies of the Parties have investigated the facts and determined that it is in their best interests to authorize their Utilities to work cooperatively with another Party's Utilities when there is an Emergency; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree as follows: ARTICLE I PURPOSE The Parties recognize that in an Emergency, their Utilities may require Assistance in the form of personnel, equipment and supplies from outside the area of impact. The purpose of this Agreement is to provide a framework, in the event of an Emergency, for the Parties to participate in an intrastate program for mutual aid assistance to provide water, wastewater and storm water utility services. The Parties authorize their Utilities to cooperatively assist other . Party's Utilities when there is an Emergency, subject to the discretion of the Responding. Party's Authorized Official as set forth in Article IV. ARTICLE II DEFINITIONS A. Agreement - This Water Agency Response Network Mutual Aid Agreement. B. Assistance - Resources, including but not limited to personnel, equipment, material and supplies that a Responding Party's Utility provides to a Receiving Party's Utility. C. Authorized Official - An employee or official of a Party's Utility that is authorized by the Party's governing body to request Assistance or provide Assistance under this Agreement. D. Emergency - Any occurrence that is, or is likely to be, beyond the control of the services, personnel, equipment or facilities of a Party's Utility. E. Governmental Unit - A city, county or township in Minnesota or a city's public utilities commission. F. MnWARN - The framework for public water, wastewater and storm water utilities in Minnesota to assist other public water, wastewater and storm water utilities when there is an Emergency that requires Assistance from another Utility. The framework includes this Agreement and other resources to be developed and coordinated by the Statewide Committee to implement the purpose of this Agreement. 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. . H. Party/Parties - One or more governmental units that has a water, wastewater or stormwater utility that executes this Agreement or adopts this Agreement by resolution pursuant to Article XlV. I. Period of Assistance - The period of time when a Responding Party assists a Receiving Party. The period commences when personnel, equipment or supplies depart from a Responding Party's facility and ends when the resources return to their facility. All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. J. Receiving Party - A Party who requests and receives Assistance under this Agreement. K. Responding Party - A Party that provides Assistance to another Party pursuant to this Agreement. L. Statewide Committee - The committee responsible for overseeing MnWARN on a statewide level. M. Steering Committee - The leadership group that established MnWARN and the development of this Agreement. N. Utility/Utilities - A water, wastewater and/or storm water utility of a Party. 2 ARTICLE III ADMINISTRATION A. Statewide Committee. 1. Votina Members. MnWARN shall be administered through a Statewide Committee. The Statewide Committee shall be comprised of nine (9) voting members. The voting members of the Statewide Committee shall be comprised as follows: (i) an employee or official of a Utility located in Region 1 of the Minnesota Division of Homeland Security and Emergency Management Regions; (ii) an employee or official of a Utility located in Region 2 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iii) an ~mployee or official of a Utility located in Region 3 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iv) an employee or official of a Utility located in Region 4 of the Minnesota Division of Homeland Security and Emergency Management Regions; (v) an employee or official of a Utility located in Region 5 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vi) an employee or official of a Utility located in Region 6 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vii) an employee or official of the Minnesota Rural Water Association; (viii) a representative from the Minnesota Section of the American Water Works Association; and (ix) a representative of the Minnesota Wastewater Operator's Association. a. Initial Votina Members. The initial voting members representing the six regions of the Minnesota Division of Homeland Security and Emergency Management Regions shall be selected by the Steering Committee. The other three voting members shall be selected by the organization they represent. b. Subseauent Votinc Members. The appointment or election of subsequent voting members shall be done in accordance with bylaws to be adopted by the Statewide Committee. c. Terms. The terms of the voting members shall be established by the bylaws to be adopted by the Statewide Committee. d. Chances. The Statewide Committee may change the number or composition of the voting members in accordance with its bylaws. 2. Advisory Members. There shall be at least six (6) advisory members of the Statewide Committee who shall not be entitled to vote. The advisory member shall consist of a representative to be selected by each of the following organizations: (i) the Minnesota Pollution Control Agency; (ii) the Minnesota Department of Health; (iii) Minnesota Homeland Security and Emergency Management; (iv) the Association of Minnesota Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the League of Minnesota Cities. The voting members of the Statewide Committee may change the number or composition of the advisory members in accordance with its bylaws. The terms of the advisory members shall be established by the bylaws of the Statewide Committee. 3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice- Chair and a Secretary. The initial officers shall be elected by the Statewide Committee at its first meeting. The terms of the initial officers and subsequently elected officers 3 shall be established by the bylaws of the Statewide Committee. The officers shall have the following powers: a. Chair. The Chair shall have no more power than any other member of the Statewide Committee except that the Chair shall act as the presiding officer at all Statewide Committee meetings and may have other duties as assigned from time to time and prescribed by the Statewide Committee. b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide Committee meeting not attended by the Chair and shall perform the Chair's duties in the Chair's absence. The Vice-Chair may have other duties as assigned from time to time and prescribed by the Statewide Committee. c. Secretaf'll. The Secretary shall be responsible for ensuring that minutes are prepared for all Statewide Committee meetings. The Secretary shall also keep all books and records of the Statewide Committee and shall give all notices required by law, and may have other duties as assigned from time to time and prescribed by the Statewide Committee. The Statewide Committee may delegate all or part of the Secretary's duties required under this Section to another person; provided that such delegation shall not relieve the Secretary of ultimate responsibility for these duties 4. Powers. The Statewide Committee shall have the following powers: a. To coordinate emergency planning and response activities of Utilities in coordination with the emergency management and public health system of the State; b. To adopt policies and procedures to further the purpose of MnWARN; c. To establish committees, including regional committees, to assist in implementing the purpose of MnWARN; d. To develop a resource list of personnel, equipment, supplies and other resources that may be used to provide Assistance; e. To establish a website to facilitate the Parties' use of MnWARN; f. To develop protocols, forms or procedures for Parties to request assistance; g. To develop educational materials; and h. To develop training materials and conduct training for Parties. 5. Meetina~. The Statewide Committee shall hold meetings as follows: a. Oraanizational Meetinq. An organizational meeting shall be held at a time and place to be determined by the Steering Committee. b. Reaular Meetinas. Thereafter, the Statewide Committee shall meet at least annually. A schedule of regular meetings may be adopted by the Statewide 4 Committee at the organizational meeting. A schedule of regular meetings may be changed from time to time as deemed necessary by the Statewide Committee. c. Soecial Meetinas. Special meetings of the Statewide Committee may be called by the Chair and must be called by the Chair upon written request of two Statewide Committee members. d. Quorum. The Statewide Committee shall not take official action unless a majority of the voting members are present in person or via electronic communication. ARTICLE IV REQUESTS FOR ASSISTANCE A. Partv Resoonsibilit'l. The Parties shall identify an Authorized Official and one or more alternates; provide contact information including 24-hour access; and maintain the resource information required contained in the member information form to be developed by the Statewide Committee. The Parties shall update this information as required by the bylaws. In the event of an Emergency, a Party's Authorized Official may request Assistance from a Party's Utility. The Authorized Official must specifically state that Assistance is being requested under MnWARN to activate the provisions of this Agreement. Requests for Assistance can be made orally or in writing. When made orally, the request for Assistance shall be prepared in writing as soon as practicable. Requests for Assistance shall be directed to the Authorized Official of a Party. Specific protocols for requesting Assistance shall be established by the Statewide Committee. B. Resoonse to a Reauest for Assistance. After a Party receives a request for Assistance, the Authorized Official should evaluate if resources are available to respond to the request for Assistance. Following the evaluation, the Responding Party's Authorized Official shall inform, as soon as possible, the Receiving Party's Authorized Official if it can provide Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party about the type of available resources and the approximate arrival time of such resources. C. Discretion of Resoondina Partv's Authorized Official. Adoption of this Agreement does not create any duty to provide Assistance. When a Party receives a request for Assistance, the Authorized Official shall have absolute discretion to provide Assistance or to not provide Assistance. A Party's decision to provide Assistance or not provide Assistance shall be final. No Party nor any employee or officer of any Party shall be liable to any other Party or to any person for failure of any Party to furnish Assistance or for recalling Assistance. ARTICLE V RESPONDING PARTY PERSONNEL A. National Incident Manaaement Svstem (NIMSl. When providing Assistance under this Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be organized and function under NIMS. B. Control. The personnel of a Responding Party providing Assistance shall be under the direction and control of the Receiving Party until the Responding Party's Authorized Official withdraws Assistance. The Receiving Party's Authorized Official shall coordinate response 5 activities with the Responding Party's Authorized Official. Whenever practical, Responding Party personnel should plan to be self sufficient for up to 72 hours. C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for Responding Party personnel for Assistance that is provided for more than 72 hours. If the Receiving Party is unable to provide food and shelter for a Responding Party's personnel, the Responding Party's Authorized Official or designee is authorized to secure food and shelter for its personnel and shall be entitled to reimbursement for such expenses from the Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred by the Responding Party. If receipts are not available, the Responding Party cannot request reimbursement in excess of the State per diem rates for that area. D. Communication. The Receiving Party shall provide Responding Party personnel with radio equipment as available, or radio frequency infonnation to program existing radios, in order to facilitate communication among personnel providing Assistance. E. Status. Unless otherwise provided by law, the Responding Party'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 Party personnel who hold licenses, certificates, or pennits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the Period of Assistance. G. Riaht to Withdraw. The Responding Party'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 Receiving Party's Authorized Official as soon as possible. ARTICLE VI COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the Responding Party for each of the following categories of costs incurred while providing Assistance during the Period of Assistance. A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel providing Assistance during the Period of Assistance. The Responding Party's designated supervisor(s) must keep accurate records of work performed by personnel during the Period of Assistance. Reimbursement to the Responding Party must consider all personnel costs, such as salaries or hourly wages, including overtime, and costs for fringe benefits and indirect costs. B. Eauioment. The Receiving Party shall reimburse the Responding Party for the use of equipment during a Period of Assistance pursuant to the Responding Party's rate schedule. If the Responding Party does not have a rate schedule, the rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a Responding Party uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Party must provide such rates in writing to the Receiving Party prior to supplying Assistance. Reimbursement for equipment not referenced on a Party's rate schedule or the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. 6 C. Materials and SUDDlies. The Receiving Party must reimburse the Responding Party in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. The Responding Party must not charge direct fees or rental charges to the Receiving Party for other supplies and reusable items that are returned to the Responding Party in a clean, damage-free condition. Reusable supplies that are returned to the Responding Party with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Pavment Period. The Responding Party must provide an itemized bill to the Receiving Party for all expenses it incurred as a result of providing Assistance under this Agreement. The Responding Party must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the bill accrues interest at the standard rate of interest charged by the Responding Party for unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall be the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per annum. Any undisputed amount must be resolved using the procedures set forth in Article VII. ARTICLE VII DISPUTES The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass to the Vice-Chair. B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections 572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be selected using the same procedure set forth for selecting a mediator. The decision of the majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is not accepted, the Parties may pursue any other legal remedy to resolve the dispute. ARTICLE VIII RECEIVING PARTY'S DUTY TO INDEMNIFY For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party. The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of 7 every kind, nature, and description, directly or indirectly arising from the Responding Party's Assistance during the Period of Assistance. The scope of the Receiving Party'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 Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be required to defend and indemnify the Responding Party for any willful or wanton misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to anyone party. The intent of this article is to impose on each Receiving Party a limited duty to defend and indemnify a Responding Party for claims arising within the Receiving Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE IX DAMAGE TO EQUIPMENT Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. ARTICLE X WORKERS' COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of another Party or its officers, employees or volunteers. ARTICLE XI INSURANCE Parties to this Agreement shall maintain the following liability coverages: {1} commercial general liability; and {2} automobile liability, including owned, hired, and non-owned automobiles. Each policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than double the maximum municipal liability limit in Section 466.04, subd. 1. 8 ARTICLE XII WITHDRAWAL A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent. ARTICLE XIII INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC). Parties may voluntarily agree to participate in an interstate Mutual Aid andAssistance Program for Utilities through this Agreement if such a Program were established. ARTICLE XIV NEW MEMBERS Other Governmental Units may be added to this Agreement upon approval of their governing body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and execution by the Governmental Unit's authorized representatives. A Governmental Unit shall not become a Party to this Agreement until a certified copy of the resolution is received by the Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master list of all Parties to this Agreement. ARTICLE XV GENERAL PROVISIONS MODIFICATION A. Modification. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall provide written notice to all Parties of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Parties. B. Sianatorv Indemnification. In the event of a liability, claim, demand, action or proceeding of whatever kind or nature arising out of a Period of Assistance, the Parties who receive and provide Assistance shall indemnify and hold harmless those Parties whose involvement in the transaction or occurrence that is the subject of such claim, action, demand or other proceeding is limited to execution of this Agreement. C. Prohibition on Third Parties and Assianment of Riahts/Duties. This Agreement is for the sole benefit of the Parties and no person or entity shall 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 are without effect. D. 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 Parties to this Agreement shall 9 provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. E. Effective Date. This Agreement shall be effective after approval by the Parties' governing body and execution by the Parties' authorized representatives. F. Governino Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. G. Caotions. Article and section headings contained in this Agreement are included for convenience only and form no part of the Agreement among the Parties. H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this Agreement by another Party shall. not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. I. Counteroarts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. J. Savinos Clause. If any court finds any article, section or portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies, caused this Agreement to be approved on the dates below. City of , Minnesota The City Council of , Minnesota duly approved this Agreement on the day of , 2008. By: Its Mayor And: Its City Administrator 10 · There is no cost to participate. · MnWARN is like investing in a no cost insurance policy to access resources when .. needed. · MnWARN increases emergency prepared- ness and coordination. · MnWARN enhances access to specialized resources. · MnWARN expedites arrival of aid (don't have to work out the administrative items; the agreements and WARN protocols work them out in advance for you). · MnWARN agreement contains indemnifica- tion and worker's compensation provisions to protect participating utilities and provide reimbursement protocols. · There is no obligation to respond. Photo above: Water supply recovery efforts after a disaster. For more information: MnWARN 217 12th Avenue SE Elbow Lake. MN 56531 800.367.6792 www.MnWARN.org . A Water and Wastewater Agency Response Network (WARN) is a network of utilities helping utilities respond to and recover from emergencies. Mutual Aid! Assistance is one utility helping another based on a written agreement. The assistance is provided across jurisdictional boundaries in the event of an emergency. Participation is voluntary. There is no obligation to respond. There is no cost to participate. MnWARN provides a forum for establish- ing and maintaining emergency contacts. MnWARN program provides a utility with access to specialized, certified, and knowledgeable utility personnel. A WARN is important because utility resources are specialized; utilities must be self-sufficient; and utilities must fill in the gap before the arrival of government aid. Photo above: Locating service lines after a disaster. MnWARN's Mission To promote and support a statewide response to utility emergencies and disasters through mutual assistance for water, wastewater, and storm water utilities in Minnesota. What is a WARN? Leaders in the water/wastewater community and state agencies have joined together to create the Minnesota Water/ Wastewater Utilities Response Network. MnWARN is a formal emergency response program in Minnesota. MnWARN is a mutual aid agreement to provide a program whereby water, wastewater, and storm water utilities sustaining physical damage from natural or man-made disasters in the state of Minnesota can obtain emergency assistance, in the form of personnel, equipment, materials, and other associated services necessary to protect the health and welfare of the utilities' customers. Law enforcement and fire departments have been organized for many years. MnWARN is an initiative to organize the water and wastewater professionals to be prepared to respond to water, wastewater, and storm water entities in a professional and timely manner. A pre-established agreement among a network of utilities can complement and enhance local capabilities to prepare to respond to a broad range of threats, both natural and man-made. This initiative is not meant to compete with any existing mutual agreements that your utility may already have in place with neighboring communities or counties. This initiative is meant to enhance the abilities of utilities to help utilities. It is essential that all partners in the water, wastewater, and storm water community work together to support this concept. MnWARN assists member utilities with: · Emergency assessment, emergency response, and recovery. · Mutual Aid Agreement for sharing emergency resources with members. · Resources to help recover from a disaster. + Emergency contact network. +Voluntary participation. Visit our Web site at www.MnWARN.or2 for more information. ..MnWARN.....bringing the water and wastewater utility community together."