Title
Consider approving Resolution No. 2026-040, reaffirming the City’s authorization of the Professional Services Agreement for the America’s Water Infrastructure Act (AWIA) Risk and Resilience Assessment and the development of an Emergency Response Plan from Freese & Nichols, Inc., in the amount of $69,220; and take appropriate action.
Body
REQUESTOR:
Public Works Department
BACKGROUND:
The America’s Water Infrastructure Act (AWIA) of 2018 is a federal law that supports investment in water infrastructure and strengthens requirements for drinking water system safety, resilience, and emergency preparedness. The Act requires certain public water systems to conduct risk and resilience assessments and develop emergency response plans to support the integrity of water infrastructure in municipalities.
A Risk and Resilience Assessment (RRA) is a formal evaluation that identifies threats, vulnerabilities, and potential impacts to a water system’s ability to provide safe drinking water and determines how resilient those systems are to risks. An Emergency Response Plan is a written document that outlines how an organization will prepare for, respond to, and recover from emergencies that could disrupt operations or threaten public safety.
Under the AWIA, community water systems serving more than 3,300 people are required to conduct a Risk and Resilience Assessment (RRA) and review and update their Emergency Response Plan once every five years.
Upon completion and certification of an RRA, AWIA requires the development of an Emergency Response Plan. A letter certifying completion of the Emergency Response Plan must be submitted to the U.S. Environmental Protection Agency (EPA) within six months following the RRA certification.
On May 7, 2020, the City entered into an agreement with Freese and Nichols, Inc. to conduct an RRA and develop a subsequent Emergency Response plan. The assessment was completed in June 2021, evaluating potential threats to the City’s water and wastewater infrastructure, including natural hazards, cyber incidents, physical sabotage, and loss of utilities or suppliers, and identified mitigation measures to reduce system vulnerabilities. Based on the RRA, an Emergency Response Plan was developed, including incident-specific response checklists, communication protocols, and staff coordination procedures, as well as training and preparedness activities to support continuity of water and wastewater services during emergencies. Due to the confidentiality of the information provided on water infrastructure, these documents are not available for public inspection.
In compliance with the five-year requirement outlined by the AWIA, the City is now required to complete the next RRA and Emergency Response Plan.
Compliance deadlines for the City are as follows:
• Risk and Resilience Assessment Deadline - June 30, 2026
• Emergency Response Plan Deadline - December 31, 2026
DISCUSSION:
The Public Works Department has negotiated a Professional Services Agreement with Freese & Nichols, Inc. to provide the services required under the AWIA. These services include preparing the RRA and developing an Emergency Response Plan for the City’s community water system.
Although the purchase amount falls within the City Manager’s approval authority per City policy, the City Council’s reaffirmation is required for approval. Resolution No. 2026-040 reaffirms the authorization of the City Manager’s execution of a Professional Services Agreement with Freese & Nichols, Inc. in the amount of $69,220 for the assessment and development of the Emergency Response Plan.
Staff will be available to answer any questions the City Council may have.
FISCAL IMPACT:
Budgeted amount of $69,220 approved in the Fiscal Year 2025-26 operating budget.
DISTRICT:
Citywide
POSSIBLE COUNCIL ACTION:
1. I move to approve Resolution No. 2026-040 as presented.
2. I move to approve Resolution No. 2026-040, with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENT(S):
1. Resolution No. 2026-040
2. Professional Services Agreement
3. 2020 Professional Services Agreement