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HomeMy WebLinkAbout11-10-88-13 - Resolution - 11/10/1988RESOLUTION NO. 11-10-88-13 WHEREAS, the City of College Station recognizes the importance of reliable electric utility services; WHEREAS, the City of College Station desires to cooperate with other utilities in the case of a natural disaster or other system emergency to ensure a safe and expeditious restoration of electric utility services; WHEREAS, the Texas Public Power Association Mutual Aid Agreement provides a structure for a voluntary assistance program; BE IT RESOLVED, that the City of College Station desires to participate in the Texas Public Power Mutual Aid Program by executing the attached agreement. PASSED AND APPROVED this 10th day of November, 1988. ATTEST .. c 'ty sec t y ian ones APPROVED: ~r TEXAS PUBLIC POWER ASSOCIATION MUTUAL AID AGREEMENT ARTICLE I. PURPOSE The Texas Public Power Association Mutual Aid Program is established to provide a method whereby electric utilities sustaining physical damage from natural disasters can obtain emergency assistance, in the form of personnel, equipment, and materials from other electric utilities. The pu-q~ose of this Agreement is .to formally document such program. ARTICLE II. A. Bo Do Eo Fo DEFINITIONS AGREEMENT: - The Texas Public Power Association Mutual Aid Agreement. The original Agreement and all signatory pages shall be kept at the Texas Public Power Association Office in Austin, Texas. PARTICIPATING UTILITY - Any electric utility which executes this Mutual Aid Agreement DAMAGED UTILITY - Any participating utility which sustains physical damage to its electrical system due to a natural disaster and seeks assistance pursuant to this Agreement. ASSISTING UTILITY - Any participating utility which agrees to provide assistance to a damaged utility pursuant to this Agreement. 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). PERIOD of ASSISTANCE - The period of time beginning with the departure of any personnel of the assisting utility from any point for the purix~se of traveling to the damaged utility in order to provide assistance and ending upon the return of all personnel of the assisting utility, alter providing the assistance requested to theh' place of work. 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 shall include travel time to and from the job. Specifically included ,vithin 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 of time are breakfast, lunch, and dinner. ARTICLE III. PROCEDURE In the event that a participating utility becomes a damaged utility and, in its opinion, requires assistance from a participating utility, the following procedures shall be followed: Texas Public Power Association Mutual Aid Agreement. Page 2 Bo The damaged utility shall contact the authorized representative of one or moro of tho participating utilities and provide them with the following information: 1. a general description of the damage sustained; thc part of the electrical system for which assistance is needed, e.g. generation, transmission, substation, distribution, overhead or underground; the amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length cf time they will be needed; the present weather conditions and the forecast for the next twenty-four hours, if possible and; a specific time and place for a representative of the damaged utility to meet the personnel and equipment of the assisting utility. 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: a complete description of the personnel, equipment and materials to bo furnished to the damaged utility; the length of time the personnel, equipment and materials will be available; the work experience and ability of the personnel and the capability of the equipment to be furnished; the name of the person or persons to be designated as supervisory personnel; and the estimated time when the assistance provided will arrive at the location designated by the authorized representative of the damaged utility. The personnel and equipment of the assisting utility shall remain, at all fin}n, under the direct supervision and control of the designated supervisory personnel of the assisting utility. Representatives of the damaged utility shall suggest work assignment~ 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. C6997 Texas Public Po wet Association Mutual Aid Agreement - Page 3 The damaged utility shall have the responsibility el:providing food and housing for the personnel of the assisting utility from the time of their arrival at the designated location to thc time of their departure. Thc food and shelter provided shall be subject to the approval of the supervisory personnel of the assisting utility. 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: 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 costs and expenses incurred during the period of assistance, including, but not limited to. employee pensions and benefits. 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. Co 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. In the alternative, the parties may agree that the damaged urqity will replace, with a like kind and quality as determined by the assisting utility, the materials and supplies used or damaged. Do PAYMENT - The assisting utility shall bill the damaged utility for all reimbursable expenses not later than the 30 days from the period of billing by the assisting utility. The damaged utility shall pay the bill in full not later than the 30 days following the billing date. Unpaid bilis shall become delinquent upon the 60th day following the billing date and once delin/luent shall accrue interest at the rate of twelve (12) percent per annum or the prevailing prime rate whichever is less. ARTICLE A. V. LIABILITY GENERAL RULE. 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 and the Texas Public Power Association from any claims against it aH.sing from such loss, damage or injury including, but not limited to, Workers Compensation claims, Group Insurance claims and Pension Plan Benefits. Texas Public Power Association Mutual Aid Agreement- Page 4 EXCEPTIONS: I. If any loss, damage or injury to the personnel or property of the assisting utility, the personnel or property of the damaged utility, or to third persons or their property is in any way caused by the gross or willful negligence of the assisting utility's personnel, the assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. To the extent authorized by law, the assisting utility agrees to indemnify and hold harmless the damaged utility from any claims against it resulting from such loss, damage or injury. If any loss, damage or injury to the personnel or property of the assisting utility is likely to 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. To the extent authorized by law, the assisting utility agrees to indemnify and hold harmless the damaged utility from any claims against it resulting from such loss, damage or injury. If any loss, damage or injury to the personnel or property of tho assisting utility or to third persons or their property 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 assisting utility shall be solely and exclusively liable for any claims arising from such loss, damage or injury. To the extent authorized by law, the assisting utility agrees to indemnify and hold harmless the damaged utility from any claims against it resulting from such loss, damage of injury. NOW, THEREFORE, in consideration of the covenants and obligations contained herein, Agreement this 10 th day of duly executes this Texas Public Power Association Mutual Aid November ,1988. ATTEST: May°~--~a~r~n~-~ ~City ~cr~tary Dian Jones City of College Station 3 of 3 ;6999