R91-006RESOLUTION NO. R91-6
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN
PUBLIC WORKS MUTUAL AID AGREEMENT, A
COPY OF SAID AGREEMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, upon review by the City Commission of the
.ity of B0yhton Beach, Florida and upon the recommendation
)f staff, it has been deemed by the City commission of the
2ity of Boynton Beach, Florida to be in the best interests
)f the citizens and residents of said City to enter into
;his Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BO~N BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Public works
Mutual Aid Agreement, which agreement will be used as a part
of a Countywide emergency plan for natural and manmade
disasters, said Agreement being attached hereto as Exhibit
Section 2. This Resolution
.mmediately upon passage.
shall take effect
PASSED AND ADOPTED this /~' day 1991.
BEACH, FLORIDA
Mayor
ayor
Commissioner
~TTEST:
City ~lerk
(~o~po~ate ~e~l )
Commissioner
Co~iss idne2
PUBLIC WORKS
MUTUAL AID AGREEMENT
' WHEREAS, the State ~mergency manage~e-~t l~ct, Chapter 2§2, Florida
Statutes, authorizes political subdivisions of the state,~o develop and enter
intomutua) aidagreements fo~ reciprocal emergency'aid and:assistance in C~se
of emengencies.too extensive to De dealt-with unassisted; and
WHEREAS, Chapter~252, Florida Statutes, sets forth~details concerning
theP°WenS'duties"rightS'state~rendering Outs~idePri~ile?esjandaid;and immunit{es of pol~itica.1 Subdivisions of
WHEREAS, the S~ate
canes, tornadoes, sinkhole
past have caused
parks, and other(
ida is geographically vulnerable to hurri-
and'°ther;:natural disasters that in the
es; and buildings,
- WHEREAS, the Parties to this Agreement
public works manpower aid equipment may be need t ~
recognize
that
additional
restore vital . ' ~ ~ .~. .. . edco m~i ate f
:. . services to the c~ ~. ~ · g~ s urther dama e
d~sas~ers occur; and lzens of the af¢:~t:d con~nun~ty should SuCh and
WHEREAS, to rovide the most
Parties the
sonnel and the pt ~lic works per-
State by visits and ~ ormati~ sions of the
WHEREAS, the Parties to this Agreement encourage-their public works
personnel, with g~idance from the Florida Chapter of the American Public Works
AssociatiOn,e~ergencies. to-implementdetailed administrative.pro6edures to~ be used during
'NOW, THEREFORE, )sideration o~
ants and ~romises containe mutual cOven-
_ as follows:
SECTION 1. DEFINITIONS
A. ,,AGREE~-~,, ......
~ . mcnm - ~ne Publlc WorksMutUal Aid Agreement..
uounterparts of the Agneement with original~ signatures and copies of insurance
letters shall be filed and maintained at the Division of Emergency Management,
Florida Department of ConmunityAffairs, Tallahassee, Florida.
B. "REQUESTING PARTY', - the political subdivision requesting aid in the event
oran emergency.
C. "ASSISTING PARTY" ~ the political subdivision furnishing equipment and/or
manpower to the R~questing Party.
D. "AUTHORiZeD REPRESENTATIVE,, _ and em lo
~uthor~zed by,that government to r n.~ ~ee of a participating over '
· erms of this ~ % ~ .~ e~_,~ or~u~, or rovid . g nment
. ~Agreement a P e ass~stan
t~cipatin . !( l~?.the ~uthor~zed re rese . _ ce un~er the
g government is attach:u ~o this Agreemen~.~s Ap~e~)~°r each par-
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E. "EMERGENCY" - any occurrence, or,threat thereof,--whether accidental,
natural, or causedby man, in'war, o£ in peace, which results or may result in
substantial injury or harm to-the population o~substantial damage to or loss of
public property and declared ~s such by the participating.government.
F. '!PARTICIPATING GovERNMENT'' ' any political subdivision of the State of
Florida which executes this Poblic Works Mutual A~d Agreement.
G. "PERIOD OF ASSISTANCE" - the period of time b~ginning with the departure
Of anypersonnel,of the Assisting Party~from.any point for thepurpose of tra-
v~ling~o the locat}on of ihe 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 Peciod Of Ass. istance shall~ not include any
portiqn~of thetrip to the Requesting Party or the return trip. from the -
Reque§~ing Party during which the. personnel of. the Assisting Party are engaged
in a 6ourselof-conduct not reasonabtYnecessary for their safe arrival at
ret~r~ from the location of the Requesting Party.
or municipality created pursuant
I. "WORK OR WORK-RELATED PERIOD"--- any per~od of-time in which either the
or equipment of the AssiSting Party. are being used. bythe Requesting
nco and for Which the, Requesting Party wt, ll feimburse
~ci:fiCally incl~uded within such period Of time are rest
breaks the Assisting Party will return to active work
within a e time. Specifically excluded from such period of time are
lunch, and dinner breaksJ
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
emergen~Y~ ,The, f. OlloWing proceduresishall thehbe followed to request mutual
aid fro~ another participating government.
A. The Requesting Party shQll contact, the authorized representative of one. or
more of the participating governments and-provide them with the'following infor-
mation.
1. ,A general description of the damage sustained;
2. ,Identification of the part:of the infrastructure systemfor which
assistance is needed {e.g, sanitary sewer, potable water, streets, or stormw&~r
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 oftime they will be needed;
4. The name, of the person or lpersons to be designated as_supervisory
personnel; and
5. A specific time an~'place for a representative of the Requesting Party
to meet the personnel and equipment of the Assisting party; and
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6. Yhe-recommended route between the Re-questings-and Assisting Parties'
locations and the travel- conditionsalong that route, based on the best infor-.
marion 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 obliga~ti~n to provide assistance to a Requesting Party.
th~ 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 ~ersonne'i, equipment; and materials will be
available; . _
3. The areas o~ experience and abilities of the personnel and the capabi-
lity. of the equipment to be furnished;
4. The name of the person or persons to be designated as supervisory per-
sonnel; and
locat ce provided will arrive at the
of the Requesting Party.
C. The personnel Party shall remain, at all
times, ulnder the d ~he ,designated supervisory
~personnel O~
suggest esting Party shall
isting Party;.
howe Party shall have
:hedules for the
tY personnel-of the
Ass 1 time 'records, material records
and a
tenance operation and main-
shall report work
ty, g found elsewhere in
personnel of the- ss~s~ing Party shall have the
exclusiv ght to Kef )rk deemedby them to be dangerous, unsafe or
for their crew~, equipment, or supplies', given the circumstances,
O. . The ASsisting Par[y may, in its;,sole discret)on, withdraw its assistance
(in whoie o~.,~iniP~rt} a~ anyEimeaftei~- giving notice to tha: effect to the
Requesting Party.
E. The R,questing Pa~'s~a11. have the responsi~i]ityof Pro¥iding foo~ and
hOuslng:~or~h~,p%r~onae~ilof,~he. AssJstingpa~,ty f~om th~ ti~e of their arri
at the d~s~aa,ted-locatiOn, un~il:the t~:me of ~heir departure~
F. The Requesting Party:shalli:have¢,theresponsibllity for p?o~iding com-
municatiOns ~etween the p~rsonnel of the Assisting Party and the Requesting
Party.
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G. Whenever the employees of the Assisting Party.-anmrendering outside aid
pursuant to this Agreement-, such employeesshall have the same powers, duties,.
rights~ privileges, and immuni-ties:, and shall receive the compensation, as if
they were performing their~du~ies in the political subdivisions in which they
are normally employed.
Ho The Requesting Party shall complete a written agreement regarding the
assist~nc~ to be rendere~lettlng( fOrt'h~theadditio~al items agreed upon in
the tel~phene request to the A~sis[~ng Party, and shall transmit it by the
quickest practical means ~tot the AsSisting Party for approval. ~'A sample form is
attachedas AppendixB. The Assisting Partyshall acknowledge'the written
agreement by executing and returning a copy to the Requesting Party by the
quickest practical means, maintaining acopy for its files.
SECTION 3. REIMBURSABLE EXPENSES
The terms and .conditions goveJrning reimbursement for any assistance p~
'vided under this agreement shall be!in accordance withthe following I~OV.isi
unless otherwise agreed upon by theinvolved Parties and specified in the wr
ten agreemen~ executed in~accoroance with paragraph 2.H, of this~Agreement. ~
~ A. PERSONNEL - During the period of assistance, the Assisting Party shall
continue~opay its, employees~accOrding-[oits then prevailing ordinances,
rules, regulations, and=contracts. The Requestng Party shall reimburse the
Assisting Party for
durinc
sions
(GA,APl
emplc
servi
,payroll costs and expenses incurred
ted to~ employee pen-
ing Principles
imburse any amounts paid or due for com-
~rms of the Florida
occurring while such
~roviding
shall be con~
1 be considered in the
Parties, subject to the
idaStatutes.
its en~loyees due
~rty shall enjoy
F1
ct,.
estab~li
such
repai,rs,fu
~all be reimbursed for the use of
a pre-
, operation, a
all repel
supervisor{s) to maintain
:ion. At the request of the
rs for the
be provided bY
to the
of the f~el~, supplies, and
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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, willful or wanton
misconduct, intentional misuse, or recklessness of the Assisting Party's person-
nel. The Assisting Party's Personnel shall use reasonable care under the cir-
cumstances 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 sub-
mit 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.
E. 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 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 indi-
cating 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 responsible for determining that its insurance is
current and 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 that Assisting Party harmless, to the extent per-
mitted 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 define any
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action or proceeding brought agaln~t the Assis~_1ng Party and shall Indemnify and
holdthe Asslsttng Party harmTess from and agalnstal] costs, counsel and trial
and appellate attorneys, (ees. expenses, and llab~Tities incurred as a result of
any such claims, demands, suits, actions, damages, and causes of action.
includin~ the investigation dr the defense thereof, and from and agains't any
orders, 3u~gmants or decrees which may b&'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 ]imited to seven (7)'Calendar days. It may be extended by the Requesting
Party.. if necessary, in 72-hour increments.
SECTION Z. TERM
This Agreement shall be in effect for one (!) year from the date hereof.
· End shall automatically renew in successiveone (1) year terms unless terminated
in writing by]the participating-government. Written notice of such termination
shall be made ~n w~itling and sha'll be served personally or by registered mail
upon the Chief, B6reau of Planning, Division of Emergency Management, Florida
Department Of Con~i~nit~iAffairs, 2740 Centerview Drive, Tailahassee, Florida
32399.
SECTION 8. EFFECTIVE DATE OF THI~AGREEMENT
This Agreement shall be in full force and effect upon approval by the par-
ticipating government and upon proper execution.hereof. Each participating
govergment shall'file an executed,copy o~ this Agreement with the Chief, Bureau
of Planning, DivisiOn of Emergency Management, Florida Department of Con~nunity
Affairs, 27~OCenterview Drive, Tallahassee, Florida 32399.
SECTIQNg. ROLE O~F DIVISION O__~F EMERGENCY ~ANAGEMENT
~ the Oivision~of EmergencyManagement, Florida
Depar Affairs~shall have under .this Agreement are to serve as
Patti to maintain-a current listing of
~horized Representativesand contact
a copyof the listihg ~o each of the Participating
,s on an annual~ basis during the second quarter of the calendar year.
SECTION 10. SEVERABILITY
of
of the
)n or subsection of this Agreement be held~to be
jurisdiction, that fact shall not affect or
er portion, section,or subsection; and the'remaining portions
remain in full force and, effect without regard to the
n~, or power invalidated so long as the primary goals
ill'be effectuated.
C. MATERIALS AND SUPPLIES - The Assisting Party ~hall be reimbursed for all
materials and.supplies furnished by_it and used or damaged during the period of
assistance, unless suchdamag~is caused by ~r~_ss negligence-, Willful or wanton
misconduct,~intentional misuse, or'reCklessnesS'-of-~he AsSisting Party's oerson-
riel. TheAsSisting Party's Personnel ~hall~use~reas'6nable Careunder the-cir-
cumstances Of a declared emergency i~.the operation and c~tro! of all materials
and supplies used by them dur~ng the pePiod6f-assis~anc~ : The.~measure of
reimbu~sem9nt shall be the ~eplacemen~C6st ofthe materials and supplies used
or damaged, plus ten (10) percent of such cost. In the alternative, the
involved Parties may agreethat the Requesti~g.Partywill replace, with like
kind and quality as-~determined by the Assisting Party, the materials and
supplies usedor damaged.. ~ - -
D. RECORD KEEPING - The AssiSting Party shall maintain records and sub-
mi.t invoices for reimbursement by th~ Requesting Party using, formats recommended
by FEMA publication DR&R 7 {Disas~riResponse and~Recovery~. Requesting Party
finance personnel shall provide information, directions, and assistance for~-~
recbrd kee~ing 5o Assisting Party personnel. ' -..
' - Unt,'ess in the [ten agreemenE
endum to
Part)
biltinE
the billing
(12) Percent-per. annum.
SECTION 4, INSURANCE
ch
it d
is
CO
Chi~,
Of Affairs,
currqn~b
SECTION 5. INDE~NIFiCATI~
an itemized Notice not later
od of assistance; and theRequesting
thirty lng the
1st day following
:e delinquent~shall accrue interest' at the rate of twelve
ove'rnment -sba 11
bear the risk of its own actions, as
and.det nds of
g government
carrier '
and indi-
employees,
its f.ile
program. A
self-insurance shall
filed with the
ida DepartmF'-~
32399. Eai
that its insurant
s Agreement.
act
the Requestiqg
tent per-
or in any
luesting
Requesting l:define any
Bate:
Name of Government:
Mailing-Ad~ress:
City, State, Zip:
APPENDIX A
PUBLIC-WORKS MUTUAL AID AGREEMENT
Authorized Representatives to-Contact for Emergency Assistance:
Primary Representative
Name:
Title:
Address:
Bay Phone
FAX No.:
Night Phone
1st Alterdate Representative
Name:
Title:
Address:
DaY Phone:
N'~ght Phone
2nd Alternate RepresentativP
Name:
Title:
Address: ~-~
Day Phone:
Night Phone
INWITNESS WHEREOF, this Agreement has been duly approved in regular
session of this governing body the .day of , lg
GOVERNMENT
Mayor
(Typed Name and Title)
ATTEST:
City Clerk
AFFIX SEAL
(Typed Name'and Title)
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A~P~ND~X B .-
PUBLZC' WORKS_HUTUAL AZD AGREEHENT
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 Oound by the Public Works
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:
Type Name and Title:
REPLY:
FAX NO.:
DATE:
This government agrees 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:
Type Name and Title:
FAX NQ:
IN WITNESS WHEREOF, this Agreement has been duly approved in regular
session of this governing body the 15TH day of JANUARY , 1991
GOVERNMENT
# , CITY 0' BOA'ON BEAC A L!.V'A
AP VE / TO F• •M:
: yor
ITY ATTORN'
GE MOORE MAYOR
T ped Name and Title
ATTEST: 4
iC ty Jerk
SUZANNE M. KRUSE, CITY CLERK
(Typed Name and Title)
AFFIX SEAL
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TWENTY FOUR HOUR EMERGENCY NUMBER
WATER TREATMENT PLANT (407) 738 -7462
APPENDIX A
PU111 1C WORKS MUTUAL AID AGREEMEtIT
Date: January 29, 1991
Name of Government: City of Boynton Beach
Mailing Address: PO Box 310
City, State, Zip: Boynton Beach, FL 33435_0310
Authorized Represent.itivos lo Contact for Emergency Assistance:
Primary Represerrtative — PUBLIC WORKS
Name: _ Robert Eichorst-- ___ -, - -- _
title: Public Works Director
Acids ess: PO Box 310, Boynton Beech, FL 33435 -0310
Day Phone __(407)_738-7424
__ (407) _ 738 -7424
VAX No.: (407) 738 - 7459 Night Phone (407) 737 - 7650
1st Alternate Relrresentallvn — PUBLIC WORKS
Name: Carel W. Fisher
Lille: Assistant Public Works Director
Address: PO Pox 310, Boynton Beach, FL 33435 -0310
Day Phone: (407) 738 -7421 Night Phone (407) 790 -9329
Primary Representative_ — Utilities
Name: Mark Law
title: Deputy Director of Utilities
Address: PO Box 310, Boynton Beach, FL 33435 -0310
Day Phone (407) 7387460
- - - - -- - - - -- - - - -- FAX No.: (407) 738 -7459 Night Phone (407) 738 -0878
1st Alternate Representative — Utilities
Name: Robert Kenyon
Title: Deputy Director of Utilities
Address: PO Box 310 - Boynton Beach, FL 33435 -0310
fl y Phone: (407) 73 -7460 tihlht. Phone (407) 969 -9736
APPENDIX B
PUBLIC WORKS 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 Works
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:
Type Name and Title:
FAX NO.:
REPLY: DATE:
This government agrees 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:
Type Name and Title:
FAX NO:
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