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08h California Water Wastewater AgencyMEMORANDUM TO: CITY COUNCIL FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE SERVICES 0- 8 BY: SHANE TAYLOR, MAINTENANCE SERVICES SUPERVISOR SUBJECT: CONSIDERATION OF ENROLLMENT IN THE CALIFORNIA WATEWASTEWATER AGENCY RESPONSE NETWORK (CAL- WARN) DATE: FEBRUARY 14,2012 RECOMMENDATION: It is recommended the City Council; 1. Authorize enrollment in Cal-Warn; 2. Designate the City Manager to be the Authorized Official to sign the 2007 Omnibus Mutual Assistance Agreement; 3. Appoint the City Manager as the Authorized Representative Emergency Contact. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no cost to join Cal-Warn. If the City uses resources of a participating agency during times of local emergency, the City would reimburse the lending agency for payroll and/or expenses. Conversely, if City resources were used, the City would be reimbursed. BACKGROUND: The South San Luis Obispo County Sanitation District (SSLOCSD) began monthly collection system coordination meetings last year. Member Agencies were asked to join the California WaterNVastewater Agency Response Network (Cal-Warn) to help coordinate emergency response in times of local emergencies. The mission of the WaterNVastewater Agency Response Network is to support and promote statewide emergency preparedness, disaster response, and mutual assistance matters for public and private water and wastewater utilities. The statewide WaterNVastewater Agency Response Network (WARN) functions in coordination with the State Office of Emergency Services (OES), and is organized along the geographical lines established by OES. There are six regions statewide. The network has been established for over ten years, with over 65 agencies enrolled in the Southern Region. The State Water Resources Control Board is currently revisirrg the statewide General Waste Discharge Requirements for Sanitary Sewer Systems. The new requirements stress the need for Agenda Item 8.h. Page 1 CITYCOUNCIL CONSIDERATION OF ENROLLMENT IN THE CALIFORNIA WATEWASTEWATER AGENCY RESPONSE NETWORK (CAL-WARN) FEBRUARY 14,2012 PAGE 2 preparedness for emergency response to sanitary sewer overflows. The SSLOCSD enrolled in December 201 1. ANALYSIS OF ISSUES: The network supports and promotes statewide emergency preparedness, disaster response, and mutual assistance matters for public and private water and wastewater utilities. Through the mutual assistance agreement, utilities are able to establish a common contractual relationship under which they are able to share resources during an emergency at the discretion of each participating agency. The Cal-Warn mutual aid program is consistent with other statewide mutual aid programs, the Standard Emergency Management System (SEMS) and the National Incident Management Program (NIMS), and the program meets Department of Homeland Security Federal Emergency Management Agency (DHS FEMA) mutual aid requirements for reimbursement consideration. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendation to authorize enrollment in Cal-Warn; 2. Do not approve staffs recommendation to authorize enrollment in Cal-Warn; 3. Modify as appropriate and approve staffs recommendation; or 4. Provide direction to staff. ADVANTAGES: Enrollment into the Cal-Warn will provide the City a contractual relationship under which it will be able to share resources during an emergency, at the discretion of each participating agency. In addition, the agreement contains indemnification and workers compensation provisions to protect participating utilities, and provides for reimbursement of costs between utilities sharing resources. Lastly, enrollment would eliminate the need for a custom written agreement between SSLOCSD member agencies. DISADVANTAGES: No disadvantage to enrollment in this network has been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 9, 2012. The Agenda and report were posted on the City's website on Friday, February 10, 201 2. No public comments were received." Attachment: 1. Articles of Agreement Agenda Item 8.h. Page 2 ATTACHMENT 1 Articles of Agreement California Waterwastewater Agency Response Network WARN 2007 Omnibus Mutual Assistance Agreement This AGREEMENT is made and entered into by those water and wastewater utilities which have adopted and signed 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 water and wastewater utilities being 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: AR'TICLE I. PURPOSE Recognizing that emergencies may require assistance in the form of personnel, equipment, and supplies from outside the area of impact, the signatory utilities hereby establish an lntrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members coordinate response activities and share resources during emergencies. This Agreement sets forth the procedures and standards for the administration of the lntrastate Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public and private, in the State of California. AR'I'ICLE II. DEFINITIONS A. Authorized Official- An employee or officer of a Member who is authorized to: (1) request assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance under this. B. Emergency- A natural or human caused event or circumstance causing, or imminently threatening to cause impact to the operations of a member utility's system, loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic activity, spills or releases of oil or hazardous material, contamination, utility or transportation emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or other conditions which is, or is likely to be beyond the control of the services, personnel, equipment, and facilities of a Member and requires mutual assistance. C. Member- Any public or private water or wastewater utility that manifests intent to participate in the Mutual Aid and Assistance Program by executing this, the California Watermastewater Agency Response Network (CalWARN) Agreement. D. Associate Member- Any non utility participant, approved by the State Steering Committee, that provides a support role for the WARN program, for example State Department of Public CalWARN Mutual AidIAsst Agreement 1 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 3 Health, or associations, who are members of the Regional or State Steering Committees and do not officially sign the WARN agreement. E. Confidential Information - Any document shared with any signatory to 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. F. Non-Responding Member - A Member that does not provide assistance during a Period of Assistance under the Mutual Aid and Assistance Program. G. Requesting Member- A Member who requests assistance under the Mutual Aid and Assistance Program. H. Responding Member- A Member that responds to a request for assistance under the Mutual Aid and Assistance Program. I. 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 resources return to their facility (portal to portal). All protections identified in the Agreement apply during this period. The specified Period of Assistance may occur during response to or recovery from an Emergency. J. National Incident Management System (NIMS) - A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. K. Standardized Emergency Management System (SEMS) - A standardized approach to field command and jurisdictional management and response set forth by State of California Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. ARTICLE Ill. ADMINISTRATION The administration of the Waterwastewater Agency Response Network (WARN) will be through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee (SSC). The WARN RSCs will be established by representatives from the Members in that region. A chair and co-chair will be elected and act as administrators for that region. The chair will represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for Members, maintain a data base of all water and wastewater utilities who have signed this Agreement, and meet as a committee to address concerns and procedures for requesting mutual assistance in that region. The regions will be comprised of'one or more of the six Office of Emergency Services (OES) mutual aid regions. The WARN SSC will include the chairs of the regional steering committees, and a representative from the California Department of Public Health (CDPH), California Utilities Emergency Association (CUEA), Department of Water Resources (DWR), the American Water Works Association (AWWA) Emergency Planning Committee, California Rural Water CalWARN Mutual AidIAsst Agreement 2 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 4 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC will identify a Chair for the purpose of leading the SSC and act as a point of contact for the WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating utilities. The database will be maintained on the WARN website, managed by a volunteer Member, as appointed by the SSC. ARTICLE IV. PROCEDURES A. In coordination with the Regional Steering Committees, emergency management and public health system of the state, the State Steering Committee shall develop operational and planning procedures for the Mutual Aid and Assistance Program. These procedures shall be consistent with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), reviewed at least annually and updated as needed by .the State Steering Committee. B. Requests for emergency assistance under this Agreement shall be directed to the appropriate Authorized Official(s) from the list of Members. C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for mutual assistance under this Agreement may be channeled through the CUEA Utility Operation Center to ensure maximum effectiveness in allocating resources to the highest priority needs. ARTICLE V. In general, assistance will be in the form of resources, such as equipment, supplies, and personnel. Assistance shall be given only when Responding Member determines that its own needs can be met while rendering assistance. The execution of this Agreement shall not create any duty to respond on the part of any party hereto. A potential Responding Member shall not be held liable for failing to provide assistance. A potential Responding Member has the absolute discretion to decline to provide any requested assistance. A. Member Responsibility - Members shall identify an Authorized Official and alternates; provide contact information including 24-hour access; and maintain resource information made available by the utility for mutual aid and assistance response, as allowed by utility policy. Such inforination shall be updated annually or as changes occur (whichever is sooner), provided to the State Steering Committee, and uploaded into the statewide database. B. Member Request - 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, and supplies shall also be prepared in writing and submitted to the participating Member 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 developed under Article IV. CalWARN Mutual AidIAsst Agreement 3 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 5 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 evaluates whether or not to respond, whether resources are available to respond, or if other circumstances would hinder response.. Following the evaluation, the Authorized Representative 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. D. 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 Member's decisions on the availability of resources shall be final. ARTICLE VI. When providing assistance under this Agreement, the Requesting Member and Responding Member shall be organized and shall. function under the Standard Emergency Management System and National lncident Management System protocols and procedures. A. Personnel- Responding Member retains right to identify the employees who are willing to participate and the resources that are available. 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 NlMS lncident Command System 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). Whenever practical, Responding Member personnel must be self sufficient for up to 72 hours. 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- 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 the State per diem rates for that area. To the extent Food and Shelter costs exceed the State per diem rates for the area, 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. D. Communication - The Requesting Member shall provide Responding Member personnel with radio equipment as available, or radio frequency information to program existing radio, in order to facilitate communications with local responders and utility personnel. CalWARN Mutual AidIAsst Agreement 4 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 6 E. Status - Unless otherwise provided by law, the Responding Member'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 Member personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to cany out activities and tasks relevant and related to their respective credentials during the specified Period of Assistance. G. Right to Withdraw Resources - The Responding Member's Authorized Official retains the right to withdraw some or all of its resources at any time for anv reason in 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 soon as is practicable under the circumstances. ARTICLE VII. COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member shall reimburse the Responding Member for each of the following categories of costs incurred while providing aid and assistance during the specified Period of Assistance. A. Personnel- Responding Member will make such employees as are willing to participate available to Requesting Member at Requesting Member's expense equal to Responding Member's full cost, i.e., equal to the employee's applicable salary or hourly wage plus fringe benefits and overhead, and consistent with Responding Member's collective bargaining agreements or other conditions of employment. All costs incurred for work performed during the specified Period of Assistance will be included. The Requesting Member shall be responsible for all direct and indirect labor costs. B. Equipment - Use of equipment, such as construction equipment, vehicles, tools, pumps and generators, shall be at Responding Member's current equipment rate and subject to the following conditions: 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 loadinglunloading of loaned equipment. All equipment shall be returned to the Responding Member as soon as is practicable and reasonable under the circumstances. (a) At the option of Responding Member, equipment may be provided with an operator. . (b) Equipment shall be returned to Responding Member within 24 hours after receipt of an oral or written request for return. (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and maintenance for furnished equipment. (d) Responding Member's cost related to the transportation, handling and loadinglunloading of equipment shall be chargeable to Requesting Member. (e) In the event equipment is damaged while being dispatched to Requesting Member, or while in the custody and use of Requesting Member, Requesting Member shall reimburse Responding Member for the reasonable cost of repairing said damaged equipment. If the equipment cannot be repaired, then Requesting Member shall CalWARN Mutual AidlAsst Agreement 5 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 7 reimburse Responding Member for the cost of replacing such equipment with equipment that is of at least equal capability as determined by the Responding Member. If Responding Member must lease a piece of equipment while Requesting Member equipment is being repaired or replaced, Requesting Member shall reimburse Responding Member for such lease costs. C. Materials and Supplies - Requesting Member shall reimburse Responding Member in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. Other supplies and reusable items that are returned to Responding Member in a clean, damage-free condition shall not be charged to the Requesting Member and no rental fee will be charged; otherwise, they shall be treated as expendable supplies. Supplies that are returned to the Responding Member with damage must be treated as expendable supplies for purposes of cost reimbursement. Payment Period - The Responding Member shall 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 shall send the itemized bill not later than (90) ninety dates 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 agrees to reimburse the Responding Member within 60 days from receipt of an invoice for assistance provided under this Agreement. 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-year after the date a final itemized bill is submitted to the Requesting Member. E. Records - Each Responding Member and its 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 cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member and its duly authorized representatives shall have access to a Responding 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 cost 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 and as needed for federal reimbursement practices. ARTICLE VIII. ARBITRATION If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the dispute by negotiation, followed by mediation and finally shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. CalWARN Mutual AidIAsst Agreement 6 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 8 ARTICLE IX. Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member shall assume the defense of, fully indemnify and hold harmless Responding Member, its Directors, Council Members, Supervisors, officers and employees, from all claims, loss, damage, iqjury and liability of every kind, nature and description, directly or indirectly arising from the Requesting Member's work hereunder, including, but not limited to, negligent or wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty workmanship or other negligent acts, errors or omissions by Responding Member, or by personnel provided to Requesting Member from the time assistance is requested and rendered until the assistance is returned to Responding Member's control, portal to portal. ARTICLE X. SIGNATORY INDEMNIFICATION In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature arising out of the rendering of assistance through this Agreement, the parties involved in rendering or receiving assistance agree to indemnify and hold harmless all Members whose only involvement is the execution and approval of this Agreement, in the transaction or occurrence which is the subject of such claim, action, demand or other proceeding. Such indemnification shall include indemnity for all claims, demands, liability, damages and costs, including reasonable attorneys' fees and other costs of defense, for injury, property damage and workers compensation. 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. The Requesting Member is responsible for providing worker's compensation benefits and administering worker's compensation for its employees. ARTICLE XII. NOTICE 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 Member shall have the right to participate in the defense of the same, as it considers necessary to protect its own interests. CalWARN Mutual AidIAsst Agreement 7 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 9 ARTICLE XIII. INSLIRANCE Members shall maintain an insurance policy or maintain a self insurance program that covers activities that it may undertake by virtue of membership in the Mutual Aid and Assistance Program. ARTICLE XIV. To the extent allowed by law, any Member or Associate Member shall maintain in the strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any Confidential lnformation provided to it by another Member pursuant to this Agreement. If any Member, Associate Member, or third party requests or demands, by subpoena or otherwise, that a Member or Associate Member disclose any Confidential lnformation provided to it under this Agreement, the Member or Associate Member shall immediately notify the owner of the Confidential lnformation and shall take all reasonable steps necessary to prevent the disclosure of any Confidential lnformation 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 shall take effect for a new party immediately upon its execution by said party. ARTICLE XVI. Any party may terminate its participation in this Agreement by written notice to the Chair of the appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate officials receive 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 to the Agreement. Modifications to this Agreement require a simple majority vote of Members within each region and unanimous agreement among the regions. The State Steering Committee will notify all parties of modifications to this Agreement in writing and those modifications shall be effective upon 60 days written notice to the parties. CalWARN Mutual AidIAsst Agreement 8 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 10 ARTICLE XVIII. SEVERABILITY 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 as if the Agreement did not contain the particular term or provision held to be invalid. ARTICLE XIX. PRIOR AGREEMENTS To the extent that prior agreements among signatories to this Agreement for mutual assistance are inconsistent with this Agreement, such agreements are hereby superseded. This Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. ARTICLE XX. PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RlGHTSlDUTlES This Agreement is for the sole benefit of the Members and no other person or entity has rights under this Agreement as a third party beneficiary. Assignment of benefits or delegation of duties created by this Agreement to third parties that are not Members is prohibited and without effect. ARTICLE XXI. TORT CLAIMS This Agreement in no way abrogates or waives any immunity or defense available under California law. ARTICLE XXII. INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Members retain the right to participate in mutual aid and assistance activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar programs. CalWARN Mutual AidIAsst Agreement 9 Approved and Adopted September 30,2007 by Vote of Members Agenda Item 8.h. Page 11 California Waterwastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CLIEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and WHEREAS, the CALIFORNIA WATEWASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and WHEREAS, the water or wastewater 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 agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.orq; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, 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, in consideration of the conditions and covenants contained therein, the (Utility) agrees to become a party to the CalWARN 2007 Omnibus Mutual Assistance Agreement. Date: BY: - Title: Please return a signed copy of this page, plus the information requested on Emerqencv Agenda Item 8.h. Page 12 Contacts List to: Raymond Riordan CalWARN, State Steering Committee 2662 Marsh Drive San Ramon. California 94583. Agenda Item 8.h. Page 13 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.h. Page 14