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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- -1~ 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 -2- 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. -3- 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 -4- 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 -5- 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) -7- 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 -7- 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: -9-