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R12-122
I I 1 RESOLUTION NO. R12 -122 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE A MUTUAL AID 6 AGREEMENT FOR WATER/WASTEWATER 7 COORDINATED BY FLORIDA'S WATER/WASTEWATER 8 I AGENCY RESPONSE NETWORK (FLAWARN); AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, FIaWARN is made up of water and wastewater utilities across 13 Florida, assisted by regulatory, technical and law enforcement agencies; and 14 WHEREAS, the City is a party to a Mutual Aid Agreement dated November 30, 15 2005 (Reso R05 -192) however the Utilities Department updated their FIaWARN 16 application to provide current contact information and recommends the execution of an 17 updated Mutual Aid Agreement; and 18 WHEREAS, once executed the Mutual Aid Agreement will enable the City of 19 Boynton Beach Utilities Department to participate in mutual aid requests with all 20 participating agencies in the State of Florida; and 21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 22 the best interest of the citizens and residents of the City of Boynton Beach to approve and 23 authorize execution of the Mutual Aid Agreement for Water /Wastewater coordinated by 24 Florida's Water /Wastewater Response Network (FIaWARN). 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon Document in Windows Internet Explorer 1 adoption. 2 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 3 approves and authorizes the Mayor and City Clerk to execute a Mutual Aid Agreement for 4 Water /Wastewater coordinated by Florida's Water /Wastewater Agency Response Network 5 (F1aWARN), which Agreement is attached hereto as Exhibit "A ". 6 Section3. This Resolution shall take effect immediately upon passage. 7 PASSED AND ADOPTED this 4 day of December, 2012. 8 CITY OF BOYNTON BEAC FLORIDA 9 10 ` 4ftLed Lam_ /Ii'Lia/ 11 May ---Woodre 12 13 14 I ice Mayor — Mack McCray 15 16 17 Comp• 's 'oner - 18 19 %SI it 20 Com issio , e — Ste - ' o 21 22 23 Commissioner — Marlene Ross 24 ATTEST: 25 27 PkLL 28 . r et M. Prainito, MMC 29 • ty Clerk 30 31 G�T ,c 32 a s 6. 33 a 34 . Document in Windows Internet Explorer R la - iaa MUTUAL AID AGREEMENT FOR WATER/WASTEWATER 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 H. 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 retum 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 111. 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 fumished 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 (45 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 /0 day of ,20 . Water/Wastewater Utility Representative(s): By: By: Title: d"IAYQT.� Title: !Ylc�no , 0:1 4 ',rnl„ /f".,. (400d L. . &' � ' 16 Please Print Name Please Print Dame Name of Participating Utility: C o Ao n &Gcc. i Pee Print Name of Utility (Please note: Attach a copy of your FIaWARN registration form to this document when you submit it. Thank you.) APPROVED . TO FO *1 . * - CITY ATTORNEY Member Detail - FlaWARN Page 1 of 1 FI VV R Members Barbara Conboy Eirufile Contact Information Member Detail Fire Hydrant Safety Concerns Member ID: 262, last updated on 10/29/2012 Spring 2012 Regional Meetings City of Boynton Beach Latest National Information Member Details Name (City of Boynton Beach * Member Status Member MAA Date 11 1:3WOU:D Water Utility iv Wastewater Utility R] County ( Palm Beach DEP District Southeast Water Management District South Florida Water Connections 49000 Water Population 95000 Wastewater Connections 49000 Wastewater Population 95000 Wastewater ADF PWS ID 4500145 WW ID I Save Changes J( Cancel 1 For more information, contact inforadflawam.orq For questons or comments regarding the website, contact infortfifocusaoplicatlons.com http: / /www.flawarn.org /members /member.aspx ?m =262 10/29/2012 Member Detail - FlaWARN Page 2 of 2 Type' Water and Wastewater Status: Member MAA on file: Yes County: Palm Beach DEP District: Southeast Water Management District: South Florida Water Connections: 49000 Water Population: 95000 Wastewater Connections: 49000 Wastewater Population: 95000 Wastewater ADF: PWS ID: 4500145 WW ID: People Add new ID Name Role Details 256 Barbara Conbov Primary conboybabbfLus List of Phones Remo% 425 Michael Low Altemate lowmabbfl.us List of Phones Remo% 1037 Tony Penn Alternate pennaC7a.bbfl.us List of Phones Remo% 1038 Kofi Boatenq Alternate boatengk(cabbfl us List of Phones Remo% 1039 Karen Riseley Altemate riseleyklt"i7bbfl.us List of Phones Remo% Addresses Add new AddresslD: 241 Edit 1 Delete 124 E. Woolbright Road Boynton Beach, FL 33462 For more information, contact infogtflawam orq For questions or comments regarding the website, contact infotiffocusapplications oom http: / /www.flawarn.org /members /member.aspx ?m =262 10/29/2012 Welcome - FIaWARN Page 1 of 2 F1aWi R N I`1 +:;tf1Ei' c S1 f' ; ,`;t 1,1, 11ltl ;:i,11) ;pt fl,;;; Welcome What is FtaWARN? Florida's Water/Wastewater Agency Response Network (FIaWARN) is the formalized system of "utilities helping utilities" to address mutual aid during emergency situations. These incidents may be man -made or natural disaster. The project's infrastructure consists of a secure web -based data bank of available resources and a practical mutual aid agreement designed to reduce bureaucratic red tape in times of emergency. The goal of FIaWARN is to provide immediate assistance, as quickly as possible, to impacted utilities by whatever means necessary until such time that a permanent solution to the devastation may be implemented In responding to many natural disaster emergencies in 2005, FIaWARN demonstrated that a network of "utilities helping utilities" is the best method for responding to the immediate water and wastewater damage caused by natural disasters. By combining a mutual aid network with security information collaborative FIaWARN has been able to cover all aspects of both natural and manmade emergency assistance. Water utilities, along with the rest of the nation, face unprecedented challenges. So it is a great time to innovate, as well as improve existing security and preparedness efforts. Public infrastructure is at the heart of this process and FIaWARN is leading the way. There is no charge for joining FIaWARN and joining offers the opportunity to increase your facility's response and recovery capability. To join FIaWARN click on the Membership Application For Member Utilities Now, more than ever, FIaWARN is your opportunity to make a difference in water sector security and preparedness.During "non - event" times it is critical we maintain our readiness and promote the preparedness process, especially between hurricane seasons. So FIaWARN is always exploring and implementing enhancements to our organization, mutual aid modalities and FIaWARN.org. if you need a refresher on FIaWARN see our tutorial, How to use FIaWARN ,,k. . Remember FIaWARN is not just for hurricanes, FIaWARN's resources may be asked for during any disaster So it is imperative that your agency's FIaWARN contact information is current. Updating is quick and easy , for instructions click here „Igor contact FIaWARN Administration. Don't wait until you are in the middle of a storm and we can't reach you. IMPORTANT NOTE: If you have aggressive spam protections please insure FIaWARN is on your list of allowed senders. Thank you very much for your continued cooperation and support in this important effort. FDEP's StormTracker StormTracker is a way for Florida Department of Environmental Protection to monitor the status of water and wastewater facilities after an emergency event. When utilities post they need assistance this information is automatically transmitted to FIaWARN. NOTICE: Latest StormTracker Guidance now available on FIaWARN members site (login required) The secure members only area of FIaWARN, including emergency contact numbers for all member water agencies, is available to all approved members. If your utility has already filled out the membership application and you have a password, log into the Members Site If your utility hasn't filled out the membership application, click on membership application to register your utility as a member. For more information please contact infotc�.flawarn.org. http: / /www.flavrarn.org/ 10/25/2012 Starting a WARN - FIaWARN Page 1 of 1 FAA N Starting a WARN Four Keys to a Successful Water /Wastewater Agency Response Network WARN 1, Network Involving all of the major water and wastewater associations in a WARN increases the chance of it becoming a successful initiative. Florida's water /wastewater associations; Florida Section American Water Works Association (FSAWWA) , Florida Water Pollution Control Operators Association (FWPCOA), Florida Water Environmental Association (FWEA), Florida Rural Water Association (FRWA), Southeast Desalting Association all have representatives on the steering committee. Three of these groups FSAWWA, FWPCOA and FWEA have worked together for decades producing the Florida Water Resources Journal and the annual Florida Water Resources Conference. Florida Department of Environmental Protection (FDEP), with EPA funding, awarded a contract to the University of Florida Center for Training, Research and Education for Environmental Education (UF/TREEO) to be the administrator of FIaWARN. UF/TREEO's roots are in water, starting in 1977 with a grant from US EPA, funding from the State of Florida, built on land donated by the City of Gainesville and located across from the Kanapaha Wastewater Reclamation plant. The original mission of UFITREEO was to train water and wastewater operators. FWPCOA took a leadership role in obtaining the funding for UFITREEO. Although FIaWARN is funded by FDEP and they have a seat on the steering committee, they are not involved in the day to day activities of the network. The decisions on how to deploy resources are made by the steering committee. 2. Mutual Aid Agreement The mutual aid agreement (MAA) is the backbone of the network. Signing the MAA assures the utility sending help will be reimbursed under FEMA rates by the utility receiving help. Not signing the MAA does not mean that a utility will not receive help, but valuable time is lost in negotiating the terms of assistance. If there are limited resources for response, priority will be given to utilities that have signed the MAA. 3. Website The project's infrastructure consists of a secure web -based data bank of available resources. The tracker is where needs and resources are matched and tracked. The website also includes updated information on emergency response and FEMA reimbursement. 4. Steering Committee The steering committee has three at -large members and a representative from six professional water and wastewater associations and the Florida Department of Environmental Protection. It is led by a chairman and vice- chairman. Meetings are held face -to -face four times a year and by phone conference on an as needed basis. During emergency events conference calls are held twice daily. The steering committee sets the direction of FIaWARN. Members must be able to spend time during emergencies helping match storm needs and resources. For more information, contact FIaWARN at info@flawarn.org http://www.flawarn.org/pages/starting-a-warwaspx 10/31/2012 Mutual Aid Agreement - FIaWARN Page 1 of 1 F VAt � E r'��' ,, 1'�C1t }3i' P.'is n�br =r (_isi mer,,, a` snip Ar: f .1-•r»i _ rS •;- its' Mutual Aid Agreement MutuatAid Agreement This link is the Mutual Aid Agreement (MAA) aimed at facilitating rapid emergency response amongst FIaWARN member utilities. Signing the MAA is NOT mandatory for basic FIaWARN registration. However members are encouraged to sign and submit the agreement as soon as possible The MAA has been carefully crafted to promote "utilities helping utilities" in time of emergency. The FIaWARN Steering Committee has clarified that the MAA is not designed to address or settle any and all situations and legalities that may apse. The MAA provides other members with a quick, advance good -faith indication from a responsible party that the utility understands and agrees to the underlying concepts and provisions (including reimbursement) for mutual aid. Having a signed MAA already on file prior to an emergency can greatly facilitate planning and prioritizing by agencies responding to your requests for help in time of need. This was clearly demonstrated during the very active 2005 hurricane season. It is up to receiving utilities to work directly with assisting utilities to arrange reimbursement The MAA simply lets other members know in advance that a utility requesting assistance understands their obligations (such as reimbursement, etc.) in the process. The steenng committee feels there is wisdom in keeping the MAA as simple and brief as possible Your support is appreciated. The FIaWARN Steering Committee will review all suggestions for future improvements, and may revise the MAA as needed. Please attach a copy of your registration form (or the email confirmation notice) when you submit the signed MAA to: Carol Hinton Associate Director UF/TREEO Center 3900 SW 63rd Blvd Gainesville, FL 32608 For more information, contact FIaWARN at info ©flawarn.orq http://www.flawarn.org/pages/maa.aspx 10/22/2012