1989-43
í
~
8
8
8-16-89
e,q- 04-3
~~
II - /4 ~8q
WHEREAS, the State Emergency Management Act, Chapter
252, Florida Statutes, authorizes political subdivisions of the
state to develop and enter into mutual aid agreements for recip-
rocal emergency aid and assistance in case of emergencies too
extensive to be dealt with unassisted; and
PUBLIC WORKS
MUTUAL AID AGREEMENT
WHEREAS, Chapter 252, Florida Statutes, sets forth
details concerning powers, duties, rights, privileges, and immu-
nities of political subdivisions of the state rendering outside
aid; and
WHEREAS, the State of Florida is geographically vul-
nerable to hurricanes, tornadoes, sinkhole formations, and other
natural disasters that in the past have caused severe property
damage to public roads, utilities, buildings, parks, and other
governmentally owned facilities; and
WHEREAS, the Parties to this Agreement recognize that
additional public works manpower and equipment may be needed to
mitigate further damage and restore vital services to the citi-
zens of the affected community should such disasters occur; and
WHEREAS, to provide the most effective mutual aid
possible, each Party intends to foster communications between
their public works personnel and the public works personnel of
the other Parties by visits and exchange of information; and
WHEReAS, the Parties of this Agreement encourage their
public works personnel, with guidance from the Florida Chapter of
the American Public Works Association, to implement detailed
administrative procedures to be used during emergencies;
NOW, THEREFORE, in consideration of the foregoing and
the mutual covenants and promises contained herein, the Parties
hereto agree as follows:
SECTION 1. DEFINITIONS
A. "AGREEMENT" - the Public Works Mutual Aid Agreement. Copies
of the Agreement with original signatures and copies of authoriz-
ing resolutions and insurance letters shall be filed and main-
tained at the Division of Emergency Management, Florida Depart-
ment of Community Affairs, Tallahassee, Florida.
B. "REQUESTING PARTY" - the political subdivision requesting
aid in the event of an emergency.
C. "ASSISTING PARTY" - the political subdivision furnishing
equipment and/or manpower to the Requesting Party.
- 1 -
Î'\
,~
D. "AUTHORIZED REPRESENTATIVE" - an employee of a participating
government authorized by that government to request, offer, or
provide assistance under the terms of this Agreement (a list of
the authorized representatives for each participating government
is attached to this Agreement as Appendix A).
E. "EMERGENCY" - any occurrence, or threat thereof, whether
accidental, natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the popu-
lation or substantial damage to or loss of public property.
F. "PARTICIPATING GOVERNMENT" - any political subdivision of
the State of Florida which executes this Public Works Mutual Aid
Agreement.
G. "PERIOD OF ASSISTANCE" - the period of time beginning with
the departure of any personnel of the Assisting Party from any
point for the purpose of traveling to the Requesting Party in
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing
the assistance requested, to their residence or regular place of
work, whichever occurs first. The period of assistance shall not
include any portion of the trip to the Requesting Party or the
return trip from the Requesting Party during which the personnel
of the Assisting Party are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
H. "WORK OR WORK-RELATED PERIOD" - any period of time in which
either the personnel or equipment of the Assisting Party are
being used by the Requesting Party to provide assistance and for
which the Requesting Party will reimburse the Assisting Party.
Specifically included within such period of time are rest breaks
when the personnel of the Assisting Party will return to active
work within a reasonable time. Specifically excluded from such
period of time are breakfast, lunch, and dinner breaks.
SECTION 2. PROCEDURES
When a participating government becomes affected by an emer-
gency, it shall invoke emergency related mutual aid assistance by
declaring a state of local emergency. The following procedures
shall then be followed to request mutual aid from another partic-
ipating government.
A. The Requesting Party shall contact the authorized represen-
tative of one or more of the participating governments and pro-
vide them with the following information.
1.
A general description of the damage sustained;
2. Identification of the part of the infrastructure system
for which assistance is needed (e.g. sanitary sewer, potable
water, streets, or stormwater systems) and the type of work
assistance needed;
- 2 -
,
8
8
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
Requesting Party to meet the personnel and equipment of the
Assisting Party.
B. When contacted by a Requesting Party, the authorized repre-
sentative of a participating government shall assess his govern-
ment's situation to determine whether it is capable of providing
assistance. No participating government shall be under any
obligation to provide assistance to a Requesting Party. If the
authorized representative determines that his Participating
Government is capable of and willing to provide assistance, he
shall so notify the authorized representative of the Requesting
Party and provide him with the following information.
1. A complete description of the personnel, equipment, and
materials to be furnished to the Requesting Party;
2. The length of time the personnel, equipment, and materi-
als will be available;
3. The areas of experience and abilities 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 representa-
tive of the Requesting Party.
C. The personnel and equipment of the Assisting Party shall
remain, at all times, under the direct supervision and control of
the designated supervisory personnel of the Assisting Party.
Representatives of the Requesting Party shall suggest work as-
signments and schedules for the personnel of the Assisting Party;
however, the designated supervisory personnel of the Assisting
Party shall have the exclusive responsibility and authority for
assigning work and establishing work schedules for the personnel
of the Assisting Party. The designated supervisory personnel of
the Assisting Party shall maintain daily personnel time records,
material records and a log of equipment hours; shall be responsi-
ble for the operation and maintenance of the equipment furnished
by the Assisting Party; and shall report work progress to the
Requesting Party.
D. The Requesting Party shall have the responsibility of pro-
viding food and housing for the personnel of the Assisting Party
- 3 -
f\
~
~
from the time of their arrival at the designated location to the
time of their departure.
E. The Requesting Party shall have the responsibility for pro-
viding communications between the personnel of the Assisting
Party and the Requesting Party.
F. Whenever the employees of the Assisting Party are rendering
outside aid pursuant to this Agreement, such employees shall have
the powers, duties, rights, privileges, and immunities, and shall
receive the compensation, incidental to their employment.
G. The Requesting Party shall complete a written agreement
regarding the assistance to be rendered, setting forth the terms
agreed upon in the telephone request to the Assisting Party, and
shall transmit it by the quickest practical means to the Assist-
ing Party for approval. A sample form is attached as Appendix B.
The Assisting Party shall acknowledge the written agreement by
executing and returning a copy to the Requesting Party by the
quickest practical means, maintaining a copy for its files.
SECTION 3.
REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the involved Parties and specified in the written agreement
executed in accordance with paragraph 2.G. of this Agreement.
A. PERSONNEL - During the period of assistance, the Assist-
ing Party shall continue to pay its employees according to its
then prevailing ordinances, rules, and regulations. The Request-
ing Party shall reimburse the Assisting Party 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 provided by Generally Accepted Accounting Principles
(GAAP). The Requesting Party shall reimburse any amounts paid or
due for compensation to employees of the Assisting Party under
the terms of the Florida Workers' Compensation Act due to person-
al injury or death occurring while such employees are engaged in
rendering aid under this Agreement. While providing services to
the Requesting Party, employees of the Assisting Party shall be
considered "borrow servants" of the Requesting Party and shall be
considered in the "dual employment" with the Requesting and
Assisting Parties, subject to the supervision and control of both
for purposes of Chapter 440, Florida Statutes. While the Re-
questing Party shall reimburse the Assisting Party for payments
made in workers' compensation benefits required to be paid to its
employees due to personal injury or death, both the Requesting
and Assisting Party shall enjoy immunity from civil prosecution
as provided for in the Florida Workers' Compensation Act.
B. EQUIPMENT - The Assisting Party shall be reimbursed for
the use of its equipment during the period of assistance accord-
- 4 -
, .
1
8
8
ing to either a pre-established hourly rate or according to the
actual replacement, operation, and maintenance expenses incurred.
The Assisting Party shall pay for all repairs to its equipment as
determined necessary by its on-site supervisor(s) to maintain
such equipment in safe and operational condition. At the request
of the Assisting Party, fuels, miscellaneous supplies, and minor
repairs for the Assisting Party's equipment during the period of
assistance may be provided by the Requesting Party, if practical.
The total equipment charges to the Requesting Party shall be
reduced by the total value of the fuels, supplies, and repairs
furnished by the Requesting Party.
C. MATERIALS AND SUPPLIES - The Assisting Party 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 gross negligence, wilful and wanton miscon-
duct, intentional misuse, or recklessness of the Assisting
Party's personnel. The Assisting Party's Personnel shall use
reasonable care under the circumstances in the operation and
control of all materials and supplies used by them during the
period of assistance. 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 Requesting Party will replace, with
like kind and quality as determined by the Assisting Party, the
materials and supplies used or damaged.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party using formats recommended by FEMA publication DR&R 7 (Di-
saster Response and Recovery). Requesting Party finance person-
nel shall provide information, directions, and assistance for
record ke~ping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the writ-
ten agreement executed in accordance with paragraph 2.G. or a
subsequent written addendum to the agreement, the Assisting Party
shall bill the chief fiscal officer of the Requesting Party for
all reimbursable expenses with an itemized Notice not later than
sixty (60) days following the period of assistance; and the
Requesting Party shall pay the bill in full not later than thirty
(30) days following the billing date. Unpaid bills shall become
delinquent upon the 31st day following the billing date and once
delinquent shall accrue interest at the rate of twelve (12)
percent per annum.
SECTION 4.
INSURANCE
Each participating government 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. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
- 5 -
~,
~,
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or liability. If a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the Director, Division of Emergency Management, Flori-
da Department of Community Affairs, Tallahassee, Florida. Each
Assisting Party shall be solely responsible for determining that
its insurance is current and adequate prior to providing assis-
tance under this Agreement.
SECTION 5.
INDEMNIFICATION
Except as otherwise specifically provided in this Agreement,
the Requesting Party shall indemnify and hold the Assisting Party
harmless, to the extent permitted by Florida law, from and
against any and all claims, demands, suits, actions, damages, and
causes of action related to or arising out of or in any way
connected with mutual aid assistance rendered or performed at the
Requesting Party's emergency or disaster site. The Requesting
Party shall defend any action or proceeding brought against the
Assisting Party and shall indemnify and hold the Assisting Party
harmless from and against all costs, counsel and attorneys fees,
expenses, and liabilities incurred as a result of any such
claims, demands, suits, actions, damages, and causes of action,
including the investigation or the defense thereof, and from and
against any orders, judgments or decrees which may be entered as
a result thereof.
SECTION 6.
LENGTH OF TIME FOR EMERGENCY
The duration of such state of emergency declared by the
Requesting Party is limited to seven (7) days. It may be extend-
ed, if necessary, in 72-hour increments.
SECTION 7.
TERM
This Agreement shall be in effect for one (1) year from the
date hereof and shall automatically renew in successive one (1)
year terms unless terminated in writing by the participating
government. Written notice of such termination shall be made in
writing and shall be served personally or by registered mail upon
the Director, Division of Emergency Management, Florida Depart-
ment of Community Affairs, Tallahassee, Florida.
SECTION 8.
EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon ap-
proval by the participating government and upon proper execution
hereof. Each participating government shall attach a copy of its
ordinance or resolution authorizing execution of this Agreement
to the executed copy of this Agreement which is filed with the
Director, Division of Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida.
- 6 -
8
8
PUBLIC WORKS MUTUAL AID AGREEMENT
APPENDIX A
Date:
November 14, 1989
Name of Government:
City of Clermont
Mailing Address:
P.o. Box 120219
City, State, Zip:
Clermont, FL
34712-0219
Authorized Representatives to Contact for Emergency Assistance:
Primary Representative
Name:
R.E. Smythe
Title:
Public Works Director and Fire Chief
Address: P.o. Box 120219
Day Phone 394-3350
Night Phone
394-3264
FAX No.:
1st Alternate Representative
Name :.
Junior Beach
Title:
Public Works Superintendent
Address: P.o. Box 120219
Day Phone 394-3350
Night Phone
394-1338
2nd Alternate Representative
Name:
Jeff Jones
,.
Title:
Street Department Foreman
Address:
P.o. Box 120219
Day Phone
394-3350
Night Phone
429-3521
- 8 -
8
8
. \'
...
PUBLIC WORKS MUTUAL AID AGREEMENT
APPENDIX A
Date:
Name of Government:
Mailing Address:
City, State, Zip:
Authorized Representatives to Con~act for Emergency Assistance:
Primary Representative
Name:
Title:
Address:
Day Phone
Night Phone
FAX No.:
1st Alternate Representative
Name :.
Title:
Address:
Day Phone
Night Phone
2nd Alternate Representative
Name:
Title:
Address:
Day Phone
Night Phone
- 8 -
I .
.~
~.
l>
SECTION 9.
ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The only responsibilities the Division of Emergency Manage-
ment, Florida Department of Community Affairs shall have under
this Agreement are to serve as a central depository for executed
Agreements, to maintain a current listing of Participating Gov-
ernments with their Authorized Representatives and contact infor-
mation, and to provide a copy of the listing to each of the
Participating Governments on an annual basis durlng the second
quarter of the calendar year.
SECTION 10.
SEVERABILITY
Should any portion, section, or subsection of this Agreement
be held to,be invalid by a court of competent jurisdiction, that
fact shall not affect or invalidate any other portion, section or
subsection; and the remaining portions of this Agreement shall
remain in full for~e and affect without regard to the section,
por~ion, or subsection or power invalidated.
IN WITNESS WHEREOF, this Agreeæent has been duly executed
this
14th
day of
November
, 19 89
GOVERNMENT:
CITY OF CLERMONT
BY:
~ a~<-
ATTEST:
Robert A. Pool, Mayor
(Typed Name and Title)
~~ ifL ~Am.dT:
(Secretary)
Julie M. Brandt, Deputy City Clerk
(Typed Name and Title)
ATTACH AUTHORIZING RESOLUTION OR ORDINANCE
AND INSURANCE LETTER OR RESOLUTION.
- 7 -
. " .
'. .
8
8
PUBLIC WORKS MUTUAL AID AGREEMENT
APPENDIX B
It is recommended that the following sample letter or telegram be
used when requesting assistance:
Date:
(Name & Address of Assisting Government)
SUBJECT:
Assistance Request
In recognition of the personnel, equipment, or other emergency
assistance being sent to us by your government in accordance with
a telephone request from our Mr.
to your Mr. on , we
agreed to be bound by the Public Works Mutual Aid Agreement.
(Insert any mutually agreeable changes or exceptions here.)
Requesting Government Name:
Address:
Authorized Representative's Signature:
Typed Name and Title:
FAX No.:
REPLY:
DATE:
This government agrees to provide the emergency assistance re-
quested by the government of and agrees to be
bound by the Public Works Mutual Aid Agreement with the excep-
tions noted above.
Assisting Government Name:
Address:
,.
Authorized Representative's Signature:
Typed Name and Title:
FAX No.:
- 9 -