Attachment

UTILITY COMMITTEE AGENDA MARCH 24, 2014 - 5:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Delaware Mutual Aid and Assistance Agreement for Intrastate Water/Wastewater Agency Response Network (DEWARN) (Staff recommends authorizing the City Manager to execute the DEWARN agreement) 2. Adjournment by 5:55 p.m. /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Agendas\2014\03-24-2014 UTILITY.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Utility Committee AGENDA ITEM: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 3/14/14 PREPARED BY: Sharon J. Duca, P.E., Public Works Director / City Engineer SUBJECT: Delaware Mutual Aid and Assistance Agreement for Intrastate Water / Wastewater Agency Response Network (DEWARN) REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager EXHIBITS: Attachment A – DEWARN Agreement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TABLE: Upon Council approval, and following review of the DEWARN Agreement by the City Solicitor, the City Manager will execute the agreement and the City of Dover will become a member utility. RECOMMENDED ACTION: Authorization for the City Manager to execute the DEWARN Agreement. BACKGROUND AND ANALYSIS Following the events of 9/11, Hurricane Katrina and Rita in 2005, and severe flooding in New England and the Midwest in 2007 the need for water and wastewater systems to share resources to overcome disasters became evident. As a result the Water Sector’s professional associations and the U.S. Environmental Protection Agency (EPA) Water Security Division (WSD) have been working to have every State establish intrastate mutual aid and assistance agreements between drinking water and wastewater utilities known as Water / Wastewater Agency Response Networks (WARN). The Delaware Mutual Aid and Assistance Agreement for Intrastate Water / Wastewater Agency Response Network (DEWARN) has been executed by numerous water and wastewater utilities (public and private) throughout the State. Becoming a member would allow the City of Dover to receive assistance from other members should an emergency occur as well as provide assistance if possible. Emergencies do not need to be catastrophic such as those that led to the formation of the WARN communities but can be any incident which requires emergency response. This agreement would not mandate any obligation to assist other members in the event of an emergency. It simply provides a means for members to assist each other if they are able. A summary of the agreement is provided below: 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 an Intrastate 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 Intrastate Mutual Aid and Assistance Program across jurisdictional and county boundaries in the State of Delaware. This Mutual Aid Program is limited to Water and Wastewater utilities and in no way affects other mutual aid or other agreements relating to the provision of other types of services in Emergency situations. The participation in this network would be achieved through the Department of Public Works and the City Manager’s Office via Public Affairs & Emergency Management.

Delaware Mutual Aid and Assistance Agreement for Intrastate 2 WaterlWastewater Agency Response Network (WARN) 3 4 5 AGREEMENT 6 7 This Agreement (the "Agreement") is made and entered into by public and private Water and 8 Wastewater Utilities (the "Utilities") operating in the State of Delaware, who , by executing this 9 Agreement, manifested their intent to participate in an Intrastate Program for Mutual Aid and 10 Assistance, known as Delaware WaterlWastewater Agency Response Network (DEWARN). II 12 The formation of a mutual aid and assistance network is consistent with Delaware Code, 20 Del. 13 C. § 3203, and Homeland Security Presidential Directives No. 5 (HSPD-5) and No. 8 (HSPD-8). 14 A basic premise of the National Response Plan, as established by HSPD-5, is that state and 15 local resources and interstate mutual aid agreements will provide the first line of emergency 16 response until such time state resources and capab ilities are overwhelmed and Federal 17 assistance is requested . HSPDD-8 calls for regional collaboration through mutual aid 18 agreements and assistance compacts to strengthen preparedness and the capability to respond 19 to, and recover from, emergency srtuations. 20 21 ARTICLE I. 22 PURPOSE 23 24 Recognizing that emergencies may require aid or assistance in the form of personnel, 25 equipment, and supplies from outside the area of impact, the signatory utilities hereby establish 26 an Intrastate Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance 27 Program, Members coordinate response activities and share resources during emergencies. 28 This Agreement sets forth the procedures and standards for the admin istration of the Intrastate 29 Mutual Aid and Assistance Program across jurisdictional and county boundaries in the State of 30 Delaware. This Mutual Aid Program is limited to Water and Wastewater utilities and in no way 31 affects other mutual aid or other agreements relating to the provision of other types of services 32 in Emergency situations. 33 34 1 DEWARN Agreement (revised 4/25/ 13)

ARTICLE II. 2 DEFINITIONS 3 4 A. Authorized Official - An employee or officer of a Member utility that is authorized to: 5 1. Request assistance; 6 2. Offer assistance; 7 3. Refuse to offer assistance or 8 4. Withdraw assistance under this agreement. 9 10 B. Emergency - A natural or human caused event or circumstance causing, or imminently 1) threatening to cause , loss of life, injury to person or property, human suffering or financial 12 loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, 13 earthquake, volcanic activity, spills or releases of oil or hazardous material, contamination , 14 utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, 15 intentional acts, sabotage and war that is, or could reasonably be beyond the capability of )6 the services, personnel, equipment, and facilities of a Mutual Aid and Assistance Program 17 Member to fully manage and mitigate internally. 18 19 C. Members - Any public or private Water or Wastewater Utility that manifests intent to 20 partiCipate in the Mutual Aid and Assistance Program by executing this Agreement. 21 22 1. Associate Member - Any non utility participant, approved by the DEWARN Executive 23 Committee, that provides a support role for the WARN program, for example State 24 Division of Public Health, or associations, who are members of the DEWARN and do 25 not offiCially sign the WARN agreement. 26 27 2. Requesting Member - A Member who requests aid or assistance under the Mutual Aid 28 and Assistance Program. 29 30 3. Responding Member - A Member that responds to a request for aid or assistance under 31 the Mutual Aid and Assistance Program. 32 33 4. Non-Responding Member - A Member or Associate Member that does not provide aid or 34 assistance during a Period of Assistance under the Mutual Aid and Assistance Program. 35 36 D. Confidential Information - Any document shared with any signatory of this Agreement that is 37 marked confidential, including but not limited to any map, report, notes, papers, opinion, or 38 e-mail which relates to the system vulnerabilities of a Member or Associate Member. 39 40 E. Period of Assistance - A specified period of time when a Responding Member assists a 41 Requesting Member. The period commences when personnel, equipment, or supplies 42 depart from Responding Member's facility and ends when the resources return to their 43 facility (portal to portal). All protections identified in the agreement apply during this period. 44 The specified Period of Assistance may occur during response to or recovery from an 45 emergency, as previously defined. 46 47 F. National Incident Management System (NIMS): A national, standardized approach to 48 incident management and response that sets uniform processes and procedures for 49 emergency response operations. 50 51 2 DEWARN Agreement (revised 4125/13)

I ARTICLE III. 2 ADMINISTRATION 3 4 The Mutual Aid and Assistance Program shall be administered through an Executive 5 Committee. The purpose of this Executive Committee is to provide local coordination of the 6 Mutual Aid and Assistance Program before, during, and after an emergency. The Executive 7 Committee shall be comprised of Members representing water and wastewater utilities 8 throughout the State of Delaware, the Delaware Rural Water Association , the State Division of 9 Public Health, Delaware Emergency Management Agency (DEMA) and the State Department of 10 Natural Resources and Environmental Control (DNREC). Under the leadership of an elected II Chairperson, the Executive Committee Members shall plan and coordinate emergency planning 12 and response activities for the Mutual Aid and Assistance Program. 13 14 15 ARTICLE IV. 16 PROCEDURES 17 18 In coordination with the emergency management and public health system of the state, the 19 Executive Comm ittee shall develop operational and planning procedures for the Mutual Aid and 20 Assistance Program. These procedures shall be reviewed at least annually and updated as 21 needed by the Executive Committee. 22 23 24 ARTICLE V . 25 REQUESTS FOR ASSISTANCE 26 27 A. Member Responsibility: Members shall identify an Authorized Official and alternates; 28 provide contact information including 24-hour access; and maintain resource information 29 that may be available from the utility for mutual aid and assistance response. Such contact 30 information shall be updated annually or when changes occur, and provided to the 31 Executive Committee. 32 33 In the event of an Emergency, a Member's Authorized Official may request mutual aid and 34 assistance from a participating Member. Requests for assistance can be made orally or in 35 writing. When made orally, the request for personnel, equipment, and supplies shall be 36 prepared in writing as soon as practicable. Requests for assistance shall be directed to the 37 Authorized Official of the partiCipating Member. Specific protocols for requesting aid shall 38 be provided per the procedures described in Article IV. 39 40 B. Response to a Request for Assistance - Members of the Agreement are not obligated to 41 respond to a request. After a Member receives a request for assistance, the Authorized 42 Official evaluates whether or not to respond , whether resources are available to respond, or 43 if other circumstances would hinder response . Following the evaluation, the Authorized 44 Official shall inform , as soon as possible, the Requesting Member whether it will respond . If 45 the Member is willing and able to provide ass istance, the Member shall inform the 46 Requesting Member about the type of available resources, the approximate arrival time of 47 such assistance and the expected duration of resource availability 48 49 C. Discretion of Responding Member's Authorized Official - Execution of this Agreement does 50 not create any duty to respond to a request for assistance. When a Member receives a 51 request for assistance, the Authorized Official shall have sole and absolute discretion as to 3 DEWARN Agreem ent (revised 4/25113)

I whether or not to respond, or the availability of resources to be used in such response . An 2 Authorized Official decisions on the availability of resources shall be final and shall not be 3 challenged by any other Member Utility. 4 5 6 ARTICLE VI. 7 RESPONDING MEMBER PERSONNEL 8 9 A. National Incident Management System - When providing assistance under this Agreement, 10 the Requesting Utility and Responding Utility shall be organized and shall function under the II National Incident Management System. 12 13 B. Control - The Responding Members will determine the appropriate personnel available to 14 allocate to the Requesting Member. Once on-site, the Responding Member's employees 15 come under the direction and control of the Requesting Member, consistent with the NIMS 16 Incident Command System, to address the needs identified by the Requesting Member. The 17 Requesting Member's Authorized Official shall coordinate response activities with the 18 supervisor(s) of the Responding Member(s) as designated by the Authorized Official of each 19 respective Responding Member. The Responding Member's designated supervisor(s) must 20 keep accurate records of work performed by personnel during the specified Period of 21 Assistance. 22 23 C. Food and Shelter - Whenever practical, Responding Member personnel must be self 24 sufficient for up to 72 hours. When possible, the Requesting Member shall supply 25 reasonable food and shelter for Responding Member personnel. If the Requesting Member 26 is unable to provide food and shelter for Responding personnel, the Responding Member's 27 designated supervisor is authorized to secure the resources necessary to meet the needs of 28 its personnel. Except as provided below, the cost for such resources must not exceed the 29 State per diem rates for that area. To the extent Food and Shelter costs exceed the State 30 per diem rates for the area, the Responding Member must demonstrate that the additional 31 costs were reasonable and necessary under the circumstances. Unless otherwise agreed 32 to in writing, the Requesting Member remains responsible for reimbursing the Responding 33 Member for all reasonable and necessary costs associated with providing food and shelter, 34 if such resources are not provided. 35 36 D. Communication - The Requesting Member shall provide Responding Member personnel 37 with radio equipment as available, or radio frequency information to program existing radio 38 equipment, in order to facilitate communications with local responders and utility personnel. 39 40 E. Status - Unless otherwise provided by law, the Responding Member's officers and 41 employees retain the same privileges, immunities, rights, duties and benefits as provided in 42 their respective jurisdictions. 43 44 F. Licenses and Permits - To the extent permitted by law, Responding Member personnel that 45 hold licenses, certificates, or permits evidencing professional, mechanical, or other skills 46 shall be allowed to carry out activities and tasks relevant and related to their respective 47 credentials during the specified Period of Assistance . 48 49 G. Right to Withdraw - The Responding Member's Authorized Official retains the right to 50 withdraw some or all of its resources at any time for any reason in the Responding 51 Member's sole and absolute discretion. Notice of intention to withdraw must be 4 DEWARN Agreement (revised 412511 3)

communicated to the Requesting Member's Authorized Official as soon as is practicable 2 under the circumstances. 3 4 5 ARTICLE VII. 6 COST- REIMBURSEMENT 7 8 The Requesting Member shall reimburse the Responding Member for each of the following 9 categories of costs incurred during the specified Period of Assistance as agreed in whole or in 10 part by both parties; provided, that any Responding Member may assume in whole or in part 11 such loss, damage, expense, or other cost, or may loan such equipment or donate such 12 services to the Requesting Member without charge or cost. 13 14 15 A. Personnel - The Responding Member shall be reimbursed by the Requesting Member for 16 personnel costs incurred for work performed during the specified Period of Assistance. 17 Responding Member personnel costs shall be calculated according to the terms provided in 18 their employment contracts or other conditions of employment. The Responding Member's 19 designated supervisor(s) must keep accurate records of work performed by personnel 20 during the specified Period of Assistance. Requesting Member reimbursement to the 21 Responding Member should consider all personnel costs, including salaries or hourly 22 wages, costs for fringe benefits, and indirect costs . 23 24 B. Equipment - The Requesting Member shall reimburse the Responding Member for the use 25 of equipment during the specified Period of Assistance, including, but not limited to, 26 reasonable rental rates, all fuel, lubrication, maintenance, transportation , and 27 loading/unloading of loaned equipment. All equipment shall be returned to the Responding 28 Member in good working order as soon as is practicable and reasonable under the 29 circumstances. As a minimum, rates for equipment use must be based on the most recent 30 Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. If a 31 Responding Member uses rates different from those in the FEMA Schedule of Equipment 32 Rates, the Responding Member must provide such rates orally or in writing to the 33 Requesting Member prior to supplying the equipment. Mutual agreement on which rates are 34 used must be reached orally or in writing prior to dispatch of the equipment. Final written 35 agreement must be provided to the requesting member within 48 hours of dispatch of the 36 equipment, or as soon as reasonably possible. Reimbursement for equipment not 37 referenced on the FEMA Schedule of Equipment Rates must be developed based on actual 38 recovery of costs. If Responding Member must lease a piece of equipment while its 39 equipment is being repaired, Requesting Member shall reimburse Responding Member for 40 such rental costs. 41 42 C. Materials and Supplies - The Requesting Member must reimburse the Responding Member 43 in kind or at actual replacement cost, plus handling charges, for use of expendable or non­ 44 returnable supplies. The Responding Member must not charge direct fees or rental charges 45 to the Requesting Member for other supplies and reusable items that are returned to the 46 Responding Member in a clean, damage-free condition. Reusable supplies that are 47 returned to the Responding Member with damage must be treated as expendable supplies 48 for purposes of cost reimbursement. 49 50 D. Payment Period - The Responding Member must provide an itemized bill to the Requesting 51 Member for all expenses incurred by the Responding Member while providing assistance 5 DEWARN Agreement (revised 4/25/13)

under this Agreement. The Responding Member must send the itemized bill not later than 2 (90) ninety days following the end of the Period of Ass istance. The Responding Member 3 may request additional periods of time within which to submit the itemized bill, and 4 Requesting Member shall not unreasonably withho ld consent to such request. The 5 Requesting Member must pay the bill in full on or before the forty-fifth (45"') day following 6 the billing date. The Requesting Member may request additiona l periods of time within 7 which to pay the itemized bill , and Responding Member shall not unreasonably withhold 8 consent to such request, provided, however, that all payment shall occur not later than one­ 9 year after the date a final itemized bill is submitted to the Requesting Member. 10 II E. Records - Each Responding Member and their duly authorized representatives shall have 12 access to a Requesting Member's books, documents, notes, reports, papers and records 13 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of 14 a cost bill or making a financial , maintenance or regulatory audit. Each Requesting Member 15 and their duly authorized representatives shall have access to a Responding Member's 16 books, documents, notes, reports, papers and records which are directly pertinent to this 17 Agreement for the purposes of reviewing the accuracy of a cost bil l or making a financial, 18 maintenance or regulatory aud it. Such records shall be maintained for at least three (3) 19 years or longer where required by law, and the review of such records shall be kept strictly 20 confidential , unless otherwise required by law. 21 22 23 ARTICLE VIII. 24 DISPUTES 25 26 If any controversy or claim arises out of, or relates to , the execution of the Agreement, including, 27 but not limited to, alleged breach of the Agreement, the disputing Members shall first attempt to 28 resolve the dispute by negotiation, followed by mediation and finally shall be settled by 29 arbitration in accordance with the Rules of the American Arbitration Association . Any court of 30 competent jurisdiction in the State of Delaware may enter the judgment rendered by the 31 arbitrators as final judgment that is binding on the parties. All Member Utilities expressly waive 32 the right to a jury trial in any such litigation. 33 34 35 ARTICLE IX. 36 REQUESTING MEMBER'S DUTY TO INDEMNIFY 37 38 The Requesting Member shall assume the defense of, fully indemnify and hold harmless, the 39 Responding Member, its officers and employees, from all claims, loss, damage, injury, death, 40 expenses (including reasonable attorney's fees), and liability of every kind, nature and 41 description, whatsoever, directly or indirectly aris ing from Responding Member's work during a 42 specified Period of Assistance . The scope of the Requesting Member's duty to indemnify 43 includes, but is not limited to, su its arising from , or related to , negligent or wrongful use of 44 equipment or supplies on loan to the Requesting Member, or faulty workmanship or other 45 negligent acts, errors or omiss ions by Requesting Member or the Responding Member 46 personnel during the Period of Assistance. 47 48 The Requesting Member's duty to indemnify is subject to, and shall be applied consistent with , 49 the conditions set forth in Article X. 6 DEWARN Agreement (revised 4/25/1 3)

1 2 3 ARTICLE X. 4 SIGNATORY INDEMNIFICATION 5 6 In the event of a liability, claim, demand, action, or proceeding of whatever kind or nature arising 7 out of a specified Period of Assistance, the Members who receive and provide assistance shall 8 have a duty to defend, indemnify, save and hold harmless all Non-Responding Members, their 9 officers, agents and employees from any liability, claim, demand, action, or proceeding of 10 whatever kind or nature arising out of a Period of Assistance. II 12 13 ARTICLE XI. 14 WORKER'S COMPENSATION CLAIMS 15 16 The Responding Member is responsible for providing worker's compensation benefits and 17 administering worker's compensation for its employees. The Requesting Member is responsible 18 for providing worker'S compensation benefits and administering worker's compensation for its 19 employees. 20 21 22 ARTICLE XII. 23 NOTICE 24 25 A Member who becomes aware of a claim or suit that in anyway, directly or indirectly, 26 contingently or otherwise, affects or might affect other Members of this Agreement shall provide 27 prompt and timely notice to the Members who may be affected by the suit or claim . Each 28 Member reserves the right to partiCipate in the defense of such claims or suits as necessary to 29 protect its own interests. 30 31 32 ARTICLE XIII. 33 INSURANCE 34 35 Members of this Agreement shall maintain an insurance policy or maintain a self insurance 36 program that covers activities that it may undertake by virtue of membership in the Mutual Aid 37 and Assistance Program. 38 39 40 ARTICLE XIV. 41 CONFIDENTIAL INFORMATION 42 43 To the extent provided by law, any Member or Associate Member shall maintain in the 44 strictest confidence and shall take all reasonable steps necessary to prevent the 45 disclosure of any Confidential Information disclosed under this Agreement. If any 46 Member, Associate Member, third party or other entity requests or demands, by 47 subpoena or otherwise, that a Member or Associate Member disclose any Confidential 48 Infonmation disclosed under this Agreement, the Member or Associate Member shall 49 immediately notify the owner of the Confidential Infonmation and shall take all 50 reasonable steps necessary to prevent the disclosure of any Confidential Information by 51 asserting all applicable rights and privileges with respect to such information and shall 7 DEWARN Agreement (revised 4/25/13) - - - -

cooperate fully in any judicial or administrative proceeding relating thereto . 2 3 4 ARTICLE XV. 5 EFFECTIVE DATE 6 7 This Agreement shall be effective after the Water and Wastewater Utility's authorized 8 representative executes the Agreement and the Executive Committee Chair receives the signed 9 Agreement. The Executive Committee Chair shall maintain a master list of all Members of the 10 Mutual Aid and Assistance Program . 11 12 ARTICLE XVI. 13 WITHDRAWAL 14 15 A Member may withdraw from this Agreement by providing written notice of its intent to 16 withdraw to the Executive Committee Chair. Withdrawal shall be effective 60 days after the 17 date that the Executive Committee Chair receives notice. Withdrawal from this Agreement by 18 any Member Utility shall in no way affect a Requesting Members duty to reimburse a 19 Responding Member for cost incurred during a Period of Assistance or a Requesting Members 20 duty to indemnify a Responding Member, which duties shall survive any such withdrawal. 21 22 23 ARTICLE XVII. 24 MODIFICATION 25 26 No provision of this Agreement may be modified, altered or rescinded by individual Member 27 Utilities. Modifications to this Agreement may be made due to programmatic operational 28 changes to support the Agreement, legislative action, creation of an interstate aid and 29 assistance agreement, or other similar developments. Modifications require a simple majority 30 vote of Members. The Executive Committee Chair must provide written notice to all Member 31 Utilities of approved modifications to this Agreement. Approved modifications take effect 60 32 days after the date upon which notice is sent to the Member Utilities. 33 34 35 ARTICLE XVIII. 36 SEVERABILITY 37 38 The parties agree that if any term or provision of this Agreement is declared by a court 39 of competent jurisdiction in the State of Delaware to be illegal or in conflict with any law, 40 the validity of the remaining terms and provisions shall not be affected , and the rights 41 and obligations of the parties shall be construed and enforced as if the Agreement did 42 not contain the particular term or provision held to be invalid. 43 44 45 ARTICLE XIX. 46 PRIOR AGREEMENTS 47 48 This Agreement supersedes all prior Agreements between Members to the extent that such 49 prior Agreements are inconsistent with this Agreement. 50 51 8 DEWARN Agreement (revised 4125113)

ARTICLE XX. 2 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTSIDUTIES 3 4 This Agreement is for the sole benefit of the Member Utilities and no person or entity shall have 5 any rights or remedies under this Agreement as a third party beneficiary. Assignments of 6 benefits and delegations of duties created by this Agreement are prohibited and shall have no 7 legal effect. 8 9 10 ARTICLE XXI. II INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 12 13 To the extent practicable, Member Utilities shall participate in Mutual Aid and Assistance 14 programs conducted under the State of Delaware Intrastate Mutual Aid and Assistance Program 15 and the Interstate Emergency Management Assistance Compact (EMAC). Members may 16 voluntarily agree to participate in an interstate Mutual Aid and Assistance Program for water and 17 wastewater utilities through this Agreement if such a Program were established. 18 19 20 Now, therefore, in consideration of the covenants and obligations set forth in this Agreement, 21 the Water and Wastewater Utility listed here manifests its intent to be a Member of the Intrastate 22 Mutual Aid and Assistance Program for Water and Wastewater Utilities by executing this 23 Agreement on this day of 2013. 24 25 WaterlWastewater Utility: _ _ _ _ _ _ _ _ _ _ _ _ _ __ 26 27 28 By:_ _ _ _ _ _ _ _ __ By:_ _ _ _ _ _ _ __ 29 30 Title:_ _ _ _ _ _ _ __ Title_ _ _ _ _ _ _ __ 31 32 33 Please Print Name Please Print Name 34 35 36 Approved as to form and legality 37 38 39 By:_--,-,,----_--;---,-:c-:;:-:-_ _ 40 Attorney for Utility 41 42 43 Please Print Name 44 9 DEWARN Agreement (revised 4125/13)