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94-35RESOLUTION NO. 94 -35 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE FLORIDA MUNICIPAL NATURAL GAS ASSOCIATION (FMNGA) MUTUAL AID AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Municipal Natural Gas Association Mutual Aid Program is established to provide a method whereby gas utilities sustaining physical damage from natural disasters or other emergencies could obtain emergency assistance in the form of personnel, equipment and materials and other necessary associated services from other gas utilities; and WHEREAS, the Florida Municipal Natural Gas Association Mutual Aid Agreement provides that any participating utility which executes the mutual aid agreement and sustains physical damage to its gas system due to a natural disaster or other emergencies can seek assistance pursuant to said agreement; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Mutual Aid Agreement between the City of Clearwater and the Florida Municipal Natural Gas Association (FMNGA) , attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute said agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2nd Attest: Cydthia E. Goudeau !- -! Ci4 Clerk day of May , 1994. i� Rita Garvey Mayor- Commissioner Rev. 11/2/93 FLORTDA MUNTCTPAL NATU .AL GAS ASSOCTATTON MUTUAL, ATID AGREEMENT ARTICLE I- PURPOSE The Florida Municipal Natural Gas Association Mutual Aid Program is established to provide a method whereby gas utilities sustaining physical damage from natural disasters or other emergencies, could obtain' emergency assistance, in the form of personnel, equipment, and materials and other associated services necessary, from other gas utilities. The purpose of this Agreement is to formally document such program. ARTICLE II_ DEFINITIONS A- AGREEMENT - The Florida Municipal Natural Gas Association Mutual Aid Agreement. The Original Agreement and all signatory pages shall be kept at the office of the Secretary of the Florida Municipal Natural Gas Association. B. PARTICIPATING UTILITY Any gas utility which executes this Mutual Aid Agreement. C. DAMAGED UTILITY Any participating utility which sustains physical damage to its gas system due to a natural EXHIBIT A q 315�1 disaster or other emergencies, 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 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 begining with the departure of any personnel of the assisting utility from the time assistance is requested and mobilization begins, and ending upon the return of all personnel of the assisting utility, to their residence or place of work, whichever is first to occur. This shall, also, include reasonable costs for preparation, mobilization and demobilization. The period of assistance shall not include, however, any portion of the trip to the damaged utility or the return trip from the damaged utility during which the personnel of the assisting utility are engaged in a course of conduct not reasonably necessary to their safe arrival at or return from the damaged utility. G_ 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 ., (2) �d when the personnel of the assisting utility will return to active work within a reasonable time. Also, included is mutually agreed to rotation of personnel and equipment, to be decided by the representative of the damaged utility and the persons designated as supervisory personnel of the assisting utilities. ARTICLE III_ PROCEDURE In the event that a particular utility becomes a damaged utility, the following procedure shall be followed: A_ The authorized representative of the damaged utility, as identified in Appendix A, 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 gas system for which assistance is needed, e.g., transmission or distribution; 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; 5. a specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility; and ( 3 ) ✓ 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 his utility is capable of and willing to provide assistance, he shall so notify the authorized representative of the damaged utility and provide him with the following information: 2_ 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. 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 i utility, and report work progress to the damaged utility. 13_ The damaged utility shall ha=re 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 as defined in Account No. 926 of the Uniform System of Accounts as prescribed by the Federal Energy Regulatory Commission. B_ EQUIPMENT - The assisting utility shall be reimbursed for the use of its equipment during the period of assistance according to either a pre - established hourly rate or according to the actual operation and maintenance expenses incurred. 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 -1- 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 the delinquent shall accrue interest at the rate of prime plus two percent (20) per annum as reported by the Wall Street Journal, for the month the bill becomes delinquent. 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. Each utility should have in its file a letter from their own insurance carrier authorizing them to work under the guidelines of this agreement, and that there will be no lapse in their insurance coverage either on employees, vehicles, or liability. ell", 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 the Florida Municipal Natural Gas Association, which are participating utilities, excluding those members that are parties to the dispute. If there are two parties to the dispute, each one shall choose one panel member and those two panel members shall agree on a third. If the two panel members cannot agree, the third panel member shall be appointed by the President of the Florida Municipal Natural Gas Association. If there are more than two parties to the dispute, the President of the Florida Municipal Natural Gas Association shall divide the parties into two adverse sides, and each side shall choose one panel member. The two panel members shall then choose a third. If the two panel members cannot agree, the third panel member shall be appointed by the President of the Florida Municipal Natural Gas Association. If the parties cannot be equitably divided into two adverse sides or if, for any other reason, the above procedures for choosing panel members are inadequate, the three members of the panel shall be designated by the President of the Florida Municipal Natural Gas .Association. U (8) W -3 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 as a Participating Utility duty executes this Florida Municipal Natural Gas Association Mutual Aid Agreement this day of 19 ATTEST: Florida Municipal Natural Gas Association WITNESS: (9)} LLJ EXHIBIT "A" MUTUAL AID AGREEMENT FLORIDA MUNICIPAL NATURAL GAS ASSOCIATION Representatives City Manager Elizabeth Deputla Managing Director Chuck Warrington Assistant Director Terry Neenan CITY OF CLEARWATER CLEARWATER GAS SYSTEM Telephone Number including Area Code Work (813) 462 -6700 Work (813) 462 -6630 Fax (813) 462 -6636 Work (813) 462 -6630 Home (813) 596 -4431 Fax (813) 462 -6636 Manager of Operations James Lewin Work (813) 462 -6630 Home (813) 530 -4347 Fax (813) 462 -6636 / 7 -.35