HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-025Temp. Reso. # 10896
January 23, 2006
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006- 2, 5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
MUTUAL AID AGREEMENT FOR WATERIWASTEWATER AS
PROVIDED BY THE FLORIDA WATER/WASTEWATER
AGENCY RESPONSE NETWORK; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Water/Wastewater Agency Response Network (FIaWARN)
is a formalized system of utilities created to provide resource support to members during
an emergency situation; and
WHEREAS, the Network's infrastructure consists of a web -based data bank of
resources available to members through the execution of a standardized mutual aid
agreement; and
WHEREAS, FIaWARN is composed of utilities across Florida assisted by regulatory,
technical and law enforcement agencies; and
WHEREAS, by becoming a member of the FIaWARN through the execution of their
mutual aid agreement, the City of Tamarac will have access to generators, staff, other
equipment and supplies, information exchange, vulnerability assessment tools, emergency
response plan updates, and other valuable resources as provided by the network; and
Temp. Reso. # 10896
January 23, 2006
Page 2 of 3
WHEREAS, the Director of Utilities recommends that the appropriate City Officials
execute FlaWARN's Mutual Aid Agreement for Water/Wastewater; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to execute the Mutual
Aid Agreement for Water/Wastewater as provided by FlaWARN.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute
the Mutual Aid Agreement for Water/Wastewater as provided by the Florida
Water/Wastewater Agency Response Network (a copy of which is attached hereto as
"Exhibit 1 ").
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any courtof competent jurisdiction to be unconstitutional or invalid, in
part or application; it shall not affect the validity of the remaining portions or applications of
this Resolution.
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Temp. Reso. # 10896
January 23, 2006
Page 3 of 3
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this , day of , 2006.
ATTEST:
i JOE SCHREIBER
MAYOR
�V'1L'r&,k'V'a)%;a&ECORD OF COMMISSION VOTE:
MARION SWENS N, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS e,
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
)�� 4,
SAMUEL S. REN
CITY ATT NEY
AD/mg
1
"EXHIBIT 1"
TR #10896
MUTUAL AID AGREEMENT FOR WATERIWASTEWATER
ARTICLE I. PURPOSE
The Water/Wastewater Mutual Aid Program was established to provide a method
whereby water/wastewater utilities sustaining physical damage from natural or man
made disasters could obtain emergency assistance, in the form of personnel,
equipment, and materials and other associated services necessary, from other
water/wastewater utilities. The purpose of this Agreement is to formally document such
program.
ARTICLE II. DEFINITIONS
A. AGREEMENT — The Water/Wastewater Mutual Aid Agreement. The original
agreement and all signatory pages shall be kept at TREEO Center 3900 SW
63rd Blvd., Gainesville, FL 32608
B. PARTICIPATING UTILITY —Any Water/Wastewater utility which executes
this Mutual Aid Agreement.
C. DAMAGED UTILITY —Any Participating Utility which sustains physical
damage to its water/ wastewater system due to a natural or manmade
disaster and seeks assistance pursuant to this Agreement.
D. ASSISTING UTILITY —Any Participating Utility which agrees to provide
assistance to a Damaged Utility pursuant to this Agreement.
E. AUTHORIZED REPRESENTATIVE — An employee of a Participating Utility
authorized by that utility's governing board to request or offer assistance
under the terms of this Agreement. (A list of the Authorized Representatives
for each Participating Utility shall be attached to this Agreement as Appendix
A)
F. PERIOD OF ASSISTANCE — The period of time beginning with the
departure of any personnel of the Assisting Utility from any point for the
purpose of travelling to the Damaged Utility in order to provide assistance
and ending upon the return of all personnel of the Assisting Utility, after
providing the assistance requested, to their residence or place of Work,
whichever is first to occur.
G. SCHEDULE OF EQUIPMENT RATES — The latest rates published by
Federal Emergency Management Agency under the response and recovery
directorate applicable to major disasters and emergencies.
H. WORK OR WORK -RELATED PERIOD — Any period of time in which either
the personnel or equipment of the Assisting Utility are being used by the
Damaged Utility to provide assistance. Specifically included within such
period of time are rest breaks when the personnel of the Assisting Utility will
return to active Work within a reasonable time. Also, included is mutually
agreed upon rotation of personnel and equipment.
ARTICLE III. PROCEDURE
In the event that a particular utility becomes a Damaged Utility, the following
procedure shall be followed:
A. The Damaged Utility shall contact the Authorized Representative of one or
more of the participating utilities and provide them with the following
information:
1. a general description of the damage sustained;
2. the park of the water/wastewater system for which assistance is needed;
3. the amount and type of personnel, equipment, materials and supplies
needed and a reasonable estimate of the length of time they will be
needed;
4. the present weather conditions and the forecast for the next twenty-four
hours; and
5. a specific time and place for a representative of the Damaged Utility to
meet the personnel and equipment of the Assisting Utility.
6. The identification of Work conditions and special constraints such as
availability of fuel supplies, lodging/meal support, medical facilities,
security, communications, etc.
B. When contacted by a Damaged Utility, the Authorized Representative of a
Participating Utility shall assess his utility's situation to determine whether it
is capable of providing assistance. No Participating Utility shall be under any
obligation to provide assistance to a Damaged Utility. If the Authorized
Representative determines that the Assisting Utility is capable of and willing
to provide assistance, the Assisting Utility shall so notify the Authorized
Representative of the Damaged Utility and providing the following
information:
1. a complete description of the personnel, equipment and materials to be
furnished to the Damaged Utility.
2. the estimated length of time the personnel, equipment and materials will
be available;
3. the work experience and ability of the personnel and the capability of the
equipment to be furnished;
4. the name of the person or persons to be designated as supervisory
personnel; and
5. the estimated time when the assistance provided will arrive at the
location designated by the Authorized Representative of the Damaged
Utility.
C. The personnel and equipment of the Assisting Utility shall remain, at all
times, under the direct supervision and control of the designated supervisory
personnel of the Assisting Utility. In instances where only equipment is
provided by the Assisting Utility, the ownership of said equipment shall
remain with the Assisting Utility and said equipment shall be returned to the
Assisting Utility immediately upon request. Representatives of the Damaged
Utility shall suggest Work assignments and schedules for the personnel of
the Assisting Utility; however, the designated supervisory personnel of the
Assisting Utility shall have the exclusive responsibility and authority for
assigning Work and establishing Work schedules for the personnel of the
Assisting Utility. The designated supervisory personnel shall maintain daily
personnel time records and a log of equipment hours, be responsible for the
operation and maintenance of the equipment furnished by the Assisting
Utility, and report Work progress to the Damaged Utility.
D. The Damaged Utility shall have the responsibility of providing food and
housing for the personnel of the Assisting Utility from the time of departure
from their regularly scheduled Work location until the time of return to their
regularly scheduled Work location. The food and shelter provided shall be
subject to the approval of the supervisory personnel of the Assisting Utility. If
not agreeable, food and shelter shall be provided and paid for as determined
by mutual agreement.
E. The Damaged Utility shall have the responsibility of providing
communications between the personnel of the Assisting Utility and the
Damaged Utility.
ARTICLE IV. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any assistance provided
under this Agreement shall be agreed to prior to the providing of such assistance
and shall be in accordance with the following provisions:
A. PERSONNEL — During the Period of Assistance, the Assisting Utility shall
continue to pay its employees according to its then prevailing rules and
regulations. The Damaged Utility shall reimburse the Assisting Utility for all
direct and indirect payroll costs and expenses incurred during the Period of
Assistance, including, but not limited to, employee pensions and benefits.
B. EQUIPMENT —The Assisting Utility shall be reimbursed for the use of its
equipment during the Period of Assistance according to the SCHEDULE OF
EQUIPMENT RATES established and published by FEMA. If an Assisting
Utility uses an alternate basis of rates for equipment listed on the FEMA
Schedule of Equipment Rates it shall provide such rates to the Damaged
Utility prior to providing assistance. Rates for equipment not referenced on
the FEMA Schedule of Equipment Rates shall be developed based on actual
recovery of costs.
C. MATERIALS AND SUPPLIES -- The Assisting Utility shall be reimbursed
for all materials and supplies furnished by it and used or damaged during
the Period of Assistance, unless such damage is caused by negligence of
the Assisting Utility's personnel. The measure of reimbursement shall be
the replacement cost of the materials and supplies used or damaged, plus
ten (10) percent of such cost. In the alternative, the parties may agree
that the Damaged Utility will replace, with a like kind and quality as
determined by the Assisting Utility, the materials and supplies used or
damaged.
D. PAYMENT — Unless mutually agreed otherwise, the Assisting Utility
should bill the requesting utility for all expenses not later than ninety (90)
days following the Period of Assistance. The requesting utility shall pay
the bill in full not later than forty-five (45) days following the billing date.
Unpaid bills shall become delinquent upon the forty-fifth (451") day
following the billing date, and once delinquent shall accrue interest at the
rate of prime plus two percent (2%) per annum as reported by the Wall
Street Journal.
E. DISPUTED BILLINGS -- Those undisputed portions of a billing should be
paid under this payment plan. Only the disputed portions should be sent
to arbitration under Article VI.
ARTICLE V. INSURANCE
Each Participating Utility shall bear the risk of its own actions, as it does
with its day-to-day operations, and determine for itself what kinds of insurance,
and in what amounts, it should carry. Nothing herein shall act or be construed as
a waiver of any sovereign immunity or other exemption or limitation on liability
that a Participating Utility may enjoy.
ARTICLE VI. ARBITRATION
All disputes between two or more participating utilities arising from
participation in this Agreement, which cannot be settled through negotiation, shall
be submitted to binding arbitration before a panel of three persons chosen from
the members of this Mutual Aid Agreement which are participating utilities,
excluding those members that are parties to the dispute.
Each party to the dispute shall choose one panel member and those panel
members shall agree on one additional panel member.
The panel shall adopt rules of procedure and evidence, shall determine all
issues in dispute by majority vote and shall assess damages. The decision of the
panel shall be final and binding upon the parties to the dispute.
NOW, THEREFORE, in consideration of the covenants and obligations
contained herein, the participating utility listed here, as a Participating Utility duly
executes this Water/ Wastewater Mutual Aid Agreement this .1_ day of
2006.
Water/Wastewater Utility
By:
Titt Mayor
Joe Schreiber
Please Print Name
Attest:
Title: City Clerk
Marion Swenson, CMC
Please Print Name
�eitle: City Manager
Jeffrev L. Miller
Please Print Name
Approved as to form and legality.
By:
Vr*4
Ut, ities Attorn
Samuel S. Garen
Please Print Name
(Please note: Attach a copy of your RaWARN registration form to this document when you
submit it. Thank you.)
Ray Gagnon
From: FlaWARN Administration [infoQflawam.org]
Sent: Monday, October 17, 200511:21 AM
To: Ray Gagnon
Cc: info@flawam.org; webmaster@flawam.org
Subject: FlaWARN Application Received
This is a copy of your FlaWARN application form for your records. Please print out and
attach a copy of this application form when you submit the signed Mutual Aid Agreement.
Thank you for applying to FlaWARN.
Utility ID:
Utility Type:
Utility Name:
County:
Water Connections:
Water Population:
Wastewater Connections:
Wastewater Population:
Wastewater ADF:
148
Water and Wastewater
City of Tamarac
Broward
19160
58711
18652
58122
6.5
Manages: / Primary Contact
-------------------------
Name. Raymond Gagnon
Phone: (954) 7242425
EMail: s:ayg@tamarac.org
1
City of Tamarac
Mutual Aid Agreement
Participating Utility Authorized Representatives
Jim Sudzinski
Fire Chief
(954) 597-3828
limb c,tamarac.org
Ray Gagnon
Director of Utilities
(954) 597-3772
rayg@tamarac.org
Jim Moore
Assistant Director of Utilities
(954) 597-3758
jamesm@tamarac.or
Scott London
Operations Manager
(954) 597-3753
scottl@tamarac. orb
Michael Cernech
Deputy City Manager
(954) 597-3516
michaelc@tamarac.org