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2184 Water/Wastewater Mutual Aid AgreementTA" Cl - The To: City Clerk RE: Request for Services item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Ordinance ❑ Resolution ® Mutual Aid Agreement (FL Warn) and Resolution 2844 ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) El Once completed, please: Return original Return copy Special Instructions: Per Bill Marcous please store the attached Mutual Aid Agreement for Safe Keeping. Thank you! Elizabeth Jones 2/4/2020 From Date 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 part 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 (45th) 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 day of 12090. Water/Wastewater Utility Representative(s): By: YBy: - Title: �..� (L cep o(EL-tc. mss , +J"Pt tTlc--E Title: I f �"�" f � kt•- Please Print Name Name of Participating Utility: Please Print Na Q�5 Please Print Name of Utility P6, T .t 1 1.. (Please note: Attach a copy of your RaWARN registration form to this document when you submit it. Thank you.) Resolution No. 2844 A Resolution of the City Commission of the City of Sanford, Florida delegating authority to the City Manager to approve mutual aid agreements between the City's Public Works and Utilities Department and with regard to all utility functions of the City and other agencies of Federal. State or local governments or organizations of a similar nature; providing for legislative findings and intent; providing for authorization to delegate authority to the Public Works and Utilities Director and other appropriate personnel; providing for a savings provision; providing for implementing administrative actions; providing for conflicts; providing for severability and providing for an effective date. Be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Legislative Findings and Intent. (a). The City of Sanford has complied with all requirements and procedures of Florida law in processing this Resolution. (b). Controlling Florida law authorizes Federal, State and local agencies to enter into mutual aid agreements with other agencies and organizations for the purpose of allowing government officials and employees to assist in the provision of public works and utility functions as may be authorized by the terms of the agreements. (c). The policy and purpose of the controlling law is to allow for governmental agencies to address the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and other major problems, including those that cross jurisdictional lines, in order to ensure that preparations within and outside the State of Florida will be adequate to deal with IIPagg� such activity, protect the public peace and safety, and preserve the lives and property of the citizens of Florida and others. (d). Specifically, controlling Florida law (such as the home rule powers granted to local governments as well as provisions of Chapters 125, 163 and 166, Florida Statutes) also allows for local governments to engage in mutual assistance in order to best protect the public health, safety and welfare. It is the design, purpose and intention of this Resolution to permit public works and utility departments, individually and collectively, by whatever name, to make the most efficient use of their respective powers, resources and capabilities by cooperating in the use of their respective powers, resources and capabilities in regard to the broadest array of disaster and emergency relief functions and, on a basis of mutual advantage, to provide services and facilities in a manner most consistent with the controlling geographic, economic, demographic and other variables. (e). The City Commission of the City of Sanford hereby finds that collaboration and cooperation with other jurisdictions relative to a wide array of matters and functions is in the public interest and benefits the citizens of the City. (f). The City Commission recognizes the significant benefit to the City by providing "hands across the borders" of jurisdictions and public works and utilities agencies in order to effectively address and public safety emergencies. (f). Section 2.04 of the City Charter of the City of Sanford relates to the general powers and duties of the City Commission and provides that "[a]II powers of the City shall be vested in the Commission, except as otherwise provided by law or this charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law" and Section 3.04 of the City Charter of the City of Sanford relates to the powers and duties of the City Manager and provides, in pertinent part that "[t]he City Manager shall be the chief administrative officer of the City. The City Manager shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Charter". Section 2. Delegation of Authority to Negotiate and Enter Mutual Aid Agreements Relating To Public Works and Utilities. (a). The City Commission of the City of Sanford hereby delegates plenary authority to the City Manager to negotiate and execute mutual aid agreements, as provided under controlling Florida law, which involve the operations, actions, programs and projects of the City's department(s) with regard to public works and utilities functions, programs and activities. (b). The City Manager may delegate the authority delegated herein to the City's Public Works and Utilities Director, and other appropriate City employees, as the City Manager deems appropriate. Section 3. Savings. The prior actions of the City Manager of the City of Sanford relating to the approval and implementation of mutual aid agreements, of every type and nature, and related activities are hereby ratified and affirmed. Section 4. Future Implementing Actions. (a). The City Manager is hereby granted authority to take any and all necessary administrative actions that may be desirable or necessary to implement the actions taken in this Resolution. 3 a (b). The City Attorney is instructed to review and approve mutual aid agreements and assist the City Manager in the implementation of this Resolution. (c). The City Clerk is hereby granted authority to attest to and approve such mutual aid agreements as may be presented to her by the City Manager. Section 5. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 6. Severability. If any section, sentence, phrase, word or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Resolution not otherwise determined to be invalid, unlawful or unconstitutional. Section 7. Effective Date. This Resolution shall become effective immediately upon enactment. Passed and adopted this 27th day of January, 2020. Attest: Traci Houchin CMC, FCRM, City Clerk F ORt w' BrP1 City Commission Sanford Jeff T For use and reliance of the Sanford City Commission only. Apprc ted as to form and legality. Mam L. Colbert, City ftorney jq(2A I the City of 411-'� tfe J