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HomeMy WebLinkAboutEDB Ratify Hurricane Idalia Mutual Aid CLAY COUNTY UTILITY AUTHORITY 6 ± MEMORANDUM AU11 04` TO: Jeremy D. Johnston, MBA, PE, Executive Director Darryl Muse, Chief Operations Officer FROM: David Rawlins, Distribution & Collection General Superintendent, Assistant Chief Operations Officer DATE: September 13, 2023 RE: Hurricane Idalia Mutual Aid As you are aware Hurricane Idalia made landfall on Wednesday, August 30, 2023, at Keyton Beach, Florida. Substantial impacts stayed well to the west and north of CCUA's service area. After staff ensured all CCUA facilities and infrastructure were fully operational the decision was made to offer aid to other Utilities through FlaWARN (Florida's Water/Wasterwater Agency Response Network). CCUA as well as many other utilities have Mutual Aid Agreements (MAA) on record with FlaWARN which allows Utilities to assist each other in times of emergencies. The cMAA ensures the responding Utility will be compensated for any labor and equipment that is utilized for response. .2 On Friday, September 1, 2023,Kevin Carter with FlaWARN informed CCUA Leadership that the L Town of Jennings, Florida, needed assistance. The equipment and staff we identified to be available would be able to assist in their recovery process. As requested by Mr. Carter, I reached ce out to Jennifer Hightower(Town Manager of Jennings)and informed her we were willing and able to assist in their system emergency if needed. We discussed the equipment and staff available if requested. After a brief conversation, Ms. Hightower formally requested that we assist as per the MAA on file for storm damage to liftstations and debris removal. Additionally, Mr. Carter sent us a copy of Jennings MAA. It was requested that we deploy staff the following morning. On Saturday, September 2, 2023, eight (8) staff members deployed to assist in restoration efforts. Upon arrival, staff met with Ms. Hightower to discuss the work that needed to be completed and met with the staff of Jennings. The Town of Jennings suffered tremendous debris damage from the storm. The entire town was without power and two (2) of their four (4) liftstations were not accessible. Staff created a work plan and began clearing debris from liftstation sites and assisted with getting the stations back up and running under generator power or via by-pass pumps. After the stations were running staff assisted the town with debris removal along their rights-of-way to allow access for residents and electrical contractors. Staff assisted the town for two (2) days in their restoration efforts. As per Section 4,(Mutual Aid)in CCUA's Emergency Pay Policy a mutual decision must be made by the receiving Utility and CCUA's Executive Director as to the working conditions CCUA staff will encounter and if staff will be working under the guidelines of a "System Emergency" or a "Limited Emergency". While on site I had several conversations with Ms. Hightower as well as Mr. Jeremy Johnston about the working conditions being encountered and all partied agreed this would be considered a"System Emergency". We agreed on this decision due to the fact the town 1 was completely without power for the duration of the restoration, lack of readily available food, and the severity of the damage and the associated dangers with tree and debris removal. After reviewing CCUA's Emergency Pay Policy, it states that "Employees will log time for the duration of the System Emergency". CCUA Leadership has agreed in this scenario employees will not log time for the duration of the event. Staff was able to commute to and from Jennings daily and worked 15-hour shifts. Staff were not waiting to be engaged at any time throughout the night therefore the decision was made that rest and recovery would not be appropriate. MUTUAL AID AGREEMENT FOR WATE ASTEWATER 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 TREED Center 3900 SW 63rd Blvd., Gainesville, FL 32608 B. PARTICIPATING UTILITY —Any Water/Wastewater utility which executes to 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, k) their residence 8[ place 0fWork, whichever iO first b} occur. G. SCHEDULE [)F EQUIPMENT RATES — The latest rates published hv Federal Emergency Management Agency under the response and recovery directorate applicable to major disasters and emergencies. H. WORK OR WORK-RELATED PEF{|[>[} —Any period of time in which either the personnel 0F equipment 0f the Assisting Utility are being used by the Damaged Utility to provide @SSiDt8DC8. Specifically included within such period Qf time are rest breaks when the personnel Qf the Assisting Utility will return tO active Work within a reasonable time. Also, included ismutually agreed upon rotation Uf personnel and equipment. ARTICLE |||. PROCEDURE In the event that e particular utility beCOrne8 8 Damaged Utility, the following procedure shall be followed: to A. The OornGg9d Utility Gh8U contact the Authorized Representative of one or more of the participating UU|iU9S and provide them with the following information: 1. @ geDonS| dHOChDtiOn of the damage sustained; 2. the part of the vv8t8r/vVa8tevv8tS[ SVGt8Dl for which asSiStGDCS is needed; 3. the amount and b/p8 Of pe[SOOne|' equipment, materials and supplies needed and G [e8GOD8b|e estimate of the length of time they will be nG8d��� ' 4. the present weather conditions and the forecast for the next twenty-four hOV[S'. and 5. 8 specific time and p|GC8 for @ representative of the Damaged Ud|ih/ to Dl88t 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, 5ecUrity, cOrDDlUDiC8tiOnO. 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 to 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 to 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 to 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 Participatrg Utility duly ex cutes this Water/ Wastewater Mutual Aid Agreement this 3Jday of to * , 20( Water/Wastewater Utility Representative(s): Title: 711, 4.1 Title: C , k( Please Print Name lease Print Name Name of Participating Utility: t244,./4 Please Print Name of Utility (Please note: Attach a copy of your FIaWARN registration form to this document when you submit it. Thank you.) was completely without power for the duration of the restoration, lack of readily available food, and the severity of the damage and the associated dangers with tree and debris removal. After reviewing CCUA's Emergency Pay Policy, it states that "Employees will log time for the duration of the System Emergency". CCUA Leadership has agreed in this scenario employees will not log time for the duration of the event. Staff was able to commute to and from Jennings daily and worked 15-hour shifts. Staff were not waiting to be engaged at any time throughout the night therefore the decision was made that rest and recovery would not be appropriate.