Loading...
HomeMy WebLinkAboutR90-0142895L A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND MATERIALS, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the City of Sanger to provide for emergency assistance in the form of personnel, equip- ment, and materials, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the~_~_ day of __~-/ ,1990. ATTEST. JENNIFER WALTERS, CITY SECRETARY APPR~ED AS TO LEGAL FORM: DEBRA ADA_MI DRAYOVITCH, CITY ATTORNEY 2769L THE STATE OF TEXAS § CITIES OF DENTON AND SANGER COUNTY OF DENTON § MUTUAL AID AGREEMENT This Agreement, made effective this /~ day of 19 ~, by and between the City of Denton, a municip~l corpoYa- tion, and the City of Sanger, Texas, a municipal corporation ARTICLE I. PURPOSE This Mutual Aid Agreement is established to provide a method whereby the Electric Utilities of the City of Denton and the City of Sanger, which have sustained physical damage from natural disasters, can obtain emergency assistance in the form of personnel, equipment, and materials from each other. ARTICLE II. DEFINITIONS A. DAMAGED UTILITY: The utility which sustains physical damage to its electrical system due to a natural disaster and seeks assistance pursuant to this Agreement. B. ASSISTING UTILITY: The utility which agrees to provide assistance to a damaged utility pursuant to this Agreement. C. AUTHORIZED REPRESENTATIVE: An employee oi each utility authorized by his utility to request or offer assistance under the terms of this Agreement. D 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 traveling to the damaged utility in order to provide assistance and ending upon the return of all personnel of the assisting utility to their place of work after providing the assistance requested. E. WORK OR WORK-RELATED PERIOD Any perzod of time in which either the personnel or equipment of the assisting utility are being used by the damaged utility to provide assistance shall include travel time to and from the 3ob. Specifzcally 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. Specifically excluded within such period of time are breakfast, lunch~ and dinner. ARTICLE III. PROCEDURE In the event that either a City of Denton or City of Sanger utility becomes a damaged utility and, in its opinion, requires assistance from the other utility, the following procedures shall be followed: A The damaged utility shall contact the authorized represen- tative of the assisting utility and provide him with the follow- ing information' 1. a general description of the damage sustained, 2. the part of the electrical system for which assistance is needed, e.g. generation, transmission, substation, distribution, overhead or underground, 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, and 4. a specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility B. When contacted by a damaged utility, the authorized rep- resentative of the assisting utility shall assess his utility's situation to determine whether it is capable of providing assis- tance. 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 1. a complete description of the personnel, equipment and materials to be furnished to the damaged utility, 2. the 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. Pursuant to Vernon's Ann. Civ. St. Art. 4413 (32c) Sec. 5A 2) as amended, the assisting utility shall secure appropriate authority by its governing body before emergency assistance may be rendered. D The personnel and equipment of the assisting utility shall remain, at all times, under the direct supervision and control of PAGE 2 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 utility, and report work progress to the damaged utility. E. The damaged utility shall have the responsibility of providing food and housing for the personnel of the assisting utility from the time of their arrival at the designated located to the time of their departure. The food and shelter provided shall be subject to the approval of the supervisory personnel of the assisting utility. F. 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. 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 costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits. B. 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 opera- tion and maintenance expenses incurred. C. 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 utiltty's personnel. The measure of reimburse- ment shall be the replacement cost of the materials and supplies used or damaged. 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 an~ supplies used or damaged. PAGE 3 D. The assisting utility shall bill the damaged utility for all reimbursable expenses and the damaged utility shall pay the bill in full not later than 30 days following the billing date Unpaid bills shall become delinquent upon the 60th day following the billing date and once delinquent shall accrue interest at the rate of twelve (12) percent per annum or the prevailing prime rate, whichever is less. ARTICLE V. LIABILITY A. Except as prohibited by law, the damaged utility assumes sole and exclusive responsibility and liability during the period of assistance for any and all claims arising from loss, damage or injury to the personnel or property of the assisting utility, the personnel or property of the damaged utility, and to third persons or their property. To the extent authorized by the constitution and laws of the State of Texas, the damaged utility agrees to indemnify and hold harmless the assisting utility from any claims against it arising from such loss, damage or injury including, but not limited to, Workers Compensation claims, Group Insurance claims and Pension Plan Benefits. B. The above paragraph is subject to the following exceptions. 1. If any loss, damage or injury to the personnel or property of the assisting utility would have occurred even if assistance had not been provided to the damaged utility under this Agreement, the assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. 2. If any loss, damage or injury to the personnel or property of the assisting utility is not caused, to any extent, by the natural disaster (or its effects) which necessitated assistance being requested by the damaged utility and such loss, damage or injury does not occur during a work or work-related period, the asszsting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. C. In the case where a claim has been made against the assisting utility, and the assisting utility believes that the claim originated during the period of assistance, the assisting utility may promptly notify the damaged utility of the claim. The damaged utility shall have the right to settlements in which the damaged oversee and approve of all utility will indemnify the assisting utility. If the the damaged utility so chooses, it may provide for the defense PAGE 4 of any claim made against the assisting utility for which it is required to indemnify the assisting utility. EXECUTED this the ~day of ~~__, 19~ ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY CITY OF SANGER NEL ARMSTRONG, MAYOR ATTEST CiT~C%OS~ C~RETARY,~~FCiTYO SANGER PAGE 5