516-PW/Utility Mutual Aid AgreementPUBLIC WORKS AND UTILITY
MUTUAL AID AGREEMENT
WHEREAS, the State Emergency Management Act, Chapter 252,
Florida Statutes, authorized political subdivisions of the state to
develop and enter into mutual aid agreements for reciprocal
emergency aid and assistance in case of emergencies too extensive
to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid; and
WHEREAS, the State of Florida is geographically vulnerable 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 and utility manpower and equipment may be
needed to mitigate further damage and restore vital services to.the
citizens of the affected community should such disasters occur; and
WHEREAS,. to provide the most effective mutual aid possible,
the Parties hereto intend to'foster communications between their
public works and utility personnel and the public works and utility
personnel of other political subdivisions of the State by visits
and exchange of information; and
WHEREAS, the Parties to this Agreement encourage their public
works pers6nnel, with guidance from the Florida Chapter of the
American Public Works Association and Mid Florida Utility Council,
to implement detailed administrative procedures to be used during
emergencies;
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and promised contained herein, the Parties hereto
agree as follows:
SECTION 1. DEFINITIONS
A. "AGREEMENT" - the public Works Mutual Aid Agreement.
Counterparts of the Agreement with original signatures and copies
of insurance letters shall be filed and maintained at the Division
of Emergency Management, Florida Department 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.
D- "AUT~{ORIZED REPRESENTATIVE" - all employee Of a participating
government authorized by that government to request, offer, or
provide assistance under the terms of this Agreement.
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
population or substantial damage to or loss of public property and
declared as such by the participating government.
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 location of the Requesting
Party in order to provide assistance and endihg 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
location of the Requesting Party.
H. "POLITICAL SUBDIVISION" - any county or municipality created
pursuant to Florida law.
I. "WORK OR WORKjRELATED 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
emergency, 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
participating government.
A. The Requesting Party shall contact the authorized
representative of one or more of the participating governments and
provide 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;
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;
5. A specific time and place for a representative'of the
Requesting Party to meet the personnel and equipment of the
Assisting Party; and
6. The recommended route between the'Requesting and Assisting
Parties' locations and the travel conditions along that route,
based ont he best information available.
B. When contacted by a Requesting Party, the authorized
representative of a participating government shall assess his
government'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 reasonable estimates of 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 materials
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 representative
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
assignments 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 responsible
for the operation and maintenance of the equipment furnished by the
Assisting Party~ and shall report work progress to the Requesting
Party. Not withstanding anything found elsewhere in this
Agreement, the supervisory personnel of the Assisting party shall
have the exclusive right to refuse work deemed by them to be
dangerous, unsafe or inappropriate for their crews, equipment, or
supplies, given the circumstances.
D. The Assisting Party may, in its sole discretion, withdraw its
assistance (in whole or in part) at anytime after giving notice to
that effect to the Requesting Party.
E. The Requesting Party shall have the responsibility of
providing food and housing for the personnel of the Assisting Party
from the time of their arrival at the designated location until the
time of their departure.
F. The Requesting Party shall have the responsibility for
providing communications between the personnel of the Assisting
Party and the Requesting Party.
G. Whenever the employees of the Assisting Party are rendering
outside aid pursuant to this Agreement, such employees shall have
same powers, duties, rights, privileges, and immunities, and shall
receive the compensation, as if they were performing their duties .....
in the political subdivisions in which they are normally employed.
H. The Requesting Party shall complete a written agreement
regarding the assistance to be rendered, setting forth the
additional terms agreed upon in the telephone request to the
· Assisting Party, and shall transmit it by the quickest practical
means to the Assisting 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.H of this Agreement-
A. PERSONNEL - During the period of assistance, the Assisting
Party shall continue to pay its employees according to its then
prevailing ordinances, rules, regulations, and contracts. The
Requesting Party shall reimburse the Assisting Party for all the
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 personal 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
Requesting Party shall reimburse the Assisting Party for payments
made in works' compensation benefits required to be paid to its
employees due to personal injuryor death, both the Requesting and
Assisting Party shall enjoy immunity from civil prosecution as
provided for in the Florida Works' Compensation'Act.
B. EQUIPMENT - The Assisting Party shall be reimbursed~rthe
use of its equipment during the period of assistance according 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 qharges 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 or wanton misconduct,
intentional misuse, or recklessness of the Assisting Party's
personnel. The Assisting Party's Personnel shall use reasonable
care under the circumstances of a declared emergency 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 involved 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
(Disaster Response and Recovery). Requesting Party finance
personnel shall provide information, directions, and assistance for
record keeping to Assisting Party personnel.
Eo PAYMENT - Unless otherwise mutually agreed in the written
agreement executed in accordance with paragraph 2.H. 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 cit 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 indicating
that there will be no lapse in its insurance coverage 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 Chief,
Bureau of Planning, Division of Emergency Management, Florida
Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399. Each Assisting Party shall be solely
responsibl~ for determining that its insurance is current andl.
adequate prior to!providing assistance 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 trial and appellate 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. ILENGTH OF TIME FOR EMERGENCY
The duration of such state of emergency declared by the
Requesting Party is limited to seven (7) calendar days-
extended by the Requesting Party, if necessary,
increments.
It may be
in 72-hour
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 Chief, Bureau of Planning, Division of Emergency Management,
Florida Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon approval
by tha participating government and upon proper"execution hereof.
Each participating government shall file an executed'copy of this.
Agreement with the Chief, Bureau of Planning, Division of Emergency
Management, Florida Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32399.
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The only responsibilities the Division of Emergency
Management, 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
Governments with their Authorized Representatives and contact.~.
information, and to.provide a copy of the listing to each of-'the.
Participating Governments on an annual basis during 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 force and effect without regard to the section,
portion, subsection or power invalidated so long as the primary
goals of the Parties can still be effectuated.
IN WITNESS WHEREOF, this Agreement has been duly aDDroved in
reaular session of this governing body the 11th day of __April ,
19 94
GOVERNMENT:
BY:
CITY OF SANFORD
i ~ ( a~or )
ATTEST:
BETTYE D. SMITH, MAYOR
(Typed Name and Title)
JANET R. DONAHOE, CITY CLERK
(Typed Name and Title)
(AFFIX SEAL)
ATTACH INSURANCE LETTER OR RESOLUTION.
MAILAN EXECUTED COPY OF THE AGREEMENT TO:
PUBLIC WORKS AND UTILITY MUTUAL AID AGREEMENT
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 Work Mutual Aid Agreement, with
the following exceptions and additions:
(Insert any mutually agreeable changes or exceptions here.)
Requesting Government Name:
Address:
Authorized Representative's Signature:
Typed Name and Title:
REPLY:
This government agrees
Fax No.:
Date:
to provide the emergency assistance
requested by the government of and agrees to be
bound by the Public Works Mutual Aid Agreement with the exceptions
and additions noted above.
Assisting Government Name:
Address:
Authorized Representative's
Signature:
Typed Name and Title:
Fax No.:
RESOLUTION NO. 1682
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
DECLARING ITS INTENT TO SATISFY INSURANCE
COVERAGE REQUIREMENTS OF MUTUAL AID AGREEMENTS
BY SELF-INSURANCE, SELF INSURANCE POOLS,
INSURANCE CONTRACTS OR BY ANY OTHER LEGALLY
PERMISSIBLE METHOD; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, from time to time the City determines that it is in
the publics best interest to enter into Mutual Aid Agreements to
protect the health, safety and welfare of its citizens; and
WHEREAS, a common element of such Agreements is to provide
that each participating government 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 what amounts it should
carry; and
WHEREAS, the City determines that the most cost effective
method Of providing insurance Coverage is through the use of self
insurance orthrough the use of self insurance pools;
NOW, THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: The foregoing declarations and finding are
true, correct and are incorporated herein by reference as if fully
set forth in this Section.
SECTION 2: The City declares its intent to satisfy
insurance coverage requirements of mutual aid agreements by self-
insurance, self insurance pools, insurance contracts, or by any
other legally permissible method.
SECTION 3: SEVERABILITY. In the event that any word, phrase,
clause, sentence or paragraph hereof shall be held invalid by any
court of competent Jurisdiction, such holding shall not affect any
other wordf clause, phrase, sentence or paragraph hereof.
SECTION 4: CONFLICTS. That all Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby
revoked.
SECTION 5: EFFECTIVE DATE. That this Resolution shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this ~C~ day of ~
MAYOR~ ~' ~
ATTEST:
i y C~'k~~
· 199,3/,
City of Sanford, Florida
--2--
Resolution No. 1682