PUBLIC WORKS MUTUAL AID AGREEMENT
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PUBLIC WORKS
MUTUAL AID AGREEMENT
WHEREAS, the State Emergency Manag~ment Act, Chapter
252, Florida Statutes, authorizes political subdivisions of the
state to develop and enter into mutual aid agreements for recip-
rocalemergency 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 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 AgreeI!lent. Copies
of the Agreement with original signatures and copies of authoriz~
ing resolutions and insurance letters shall be f~led 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.
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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
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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-
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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
Part~ 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 keeping 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
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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.
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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 ~articipating 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 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 affect without regard to the section,
portion, or subsection or power invalidated.
IN WITNESS WHEREOF, this Agreement has been duly executed
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GOVERNMENT:
Countersigned:
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Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
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Ron H. Rabun
City Manager
By:
Vice
Approved as to form
and correctness:
Attest:
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ATTACH AUTHORIZING RESOLUTION OR ORDINANCE'---------. ":-
AND INSURANCE LETTER OR RESOLUTION. ,'~ - .:;;
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PUBLIC WORKS MUTUAL AID AGREEMENT
APPENDIX A
Date: June 21. 1990
Name of Government: City of Clearwater
Mailing Address:
City, state, Zip:
P. O. Box 4748
Clearwater, FL 34618-4748
Authorized Representatives to Contact for Emergency Assistance:
primary Representative
Name: Allen V. Mahan
City of Clearwater
Title: Emerqency Manaqement Coordinator
Address: P. O. Box 4748. Clearwater. FL 34618-4748
Day Phone 462-6625
FAX No.: 813-462-6641
Night Phone 522-7086
1st Alternate Representative
Name: William C. Baker
Title: Director of Public Works
Address: P.O. Box 4748. C 1 ear w at P. r, F I , IJ. ~ 1 R _IJ. 7 fJ. R
Day Phone 462-6625
Night Phone
fJ.fJ.7_Qn'i'i
2nd Alternate Representative
Name: R i c h m 0 n d G. 5 m j t h
Title:
A c:: c:: ; c:: t R n t I); r"''''' t- n r n f' P II Q 1 i ~ lA, g r 1< ~ / I n f r a 0 t F l;J e t u y c
Address: P.O. Box 4748, Clearwater, FL 34618-4748
Day Phone
462-6589
Night Phone
447'-0215
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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
t'
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.:
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I 42.43
CLEARW ATBR CODE
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See. 42.48. Exceptlo.. '0 the' bldclba, procedure..
The bidding requirements let forth in this article may be dilpensed with when one
or more of the following conditione eat:
(1) The market value of iteme to be dilposed of i. not estimated to exceed five
hundred dollan ($500.00).
(2) It i. to the advantage of the ,city to leU the items to, or otherwise disp08e of
them ,in cooperation with, another governmental entity.
(3) The lurplUl lales officer determines that the items can be sold, or otherwise
dilpoeed of, through only one eource.
(4) Local, ltate or federal law requiree that the items be disposed of via public
auction.
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(5) The lurplUllales officer determines that the nature of the iteme is such that
disposition under bidding procedures is impractical, impossible or otherwise
not in the best interest of the city. (Code 1962, I 15A-19; Ord. No. 2332, 11,
3-5-81)
CHAPTER 43. CrI'Y AS SELF-INSURER-
I 43.01. Purpose.
I 43.02. Reeerve fund-Establishment.
I 43.03. Same-Disposition; to be kept aeparate from other funds;' withdrawals;
investments.
i 43.04. Service agent; claims management.
S 43.0S.Payment of claims.
! '43.06. - Report of l088eL
I 43.07. Authority of city DUlDager to reduce insurance, etc.
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See. 43.0 l.Purpole.
It is declared to be the policy of the city that the city shall, wholly or in part, carry
its.. own insuranCtl rilb in order to effect aavinp on premiums heretofore paid to
:...>inaurance companies. (Cod~ 196~, I 2-1)
See. 43.02. Rel.,ne f1llld-EltablialuDeDL
. A fund to be )mown .. the insurance reserve fund of the city is hereby establilhed.
The city lD8Jl8ger is directed. to request authority from the city commission for the
transfer of money to such fund from time to time, .. needed. (Code 1962, I 2-2)
See. 4.3.03. Same-D18polltloa; to be kept lepara'e from o'her fUDd_;
withdrawals; mveltmeDtl.
(a) The insurence reserve fund shall be deposited in some bank in the city, and shall be
kept entirely sepl rate and distinct from all other funds belonging to the city. The city
-Cross refennce-Suits, claims and settlements, ~ 24.01 et seq.
Supp. No. 17
408
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FINANCE ANllTAXATlQN
""AnAger or the service agent shall have authority to make withdrawals from the insurance
reserve fund, but every such withdrawal shall first be authorized in writing as hereinafter set
forth. Surplus moneys in the insurance reserve fund may be invested in United States
government bonds or in bonds of the city; but all such bonds aha1l be kept eeparate from all
other IleCUrities owned by the city and shall be distiDctly earmarked as belonging to the
iuuruce l"88I!I'Ve fuDcL,
(b) The eervice. agent' is authorized to establish a bank trust account to receive funds
transferred from. the insurance reserve fund. which funds are to be used for the payment of
claims. (Code 1962, ,2-3; Ord. No. 3773, t 1, 11.1-84)
See. 43.0(. Service &lent; ~l_bn. ..-ft.rement.
The city shall obtain the services of a per80n or apncy to function as service agent for the
city in its self.insurance program. The service agent shall be responsible for a program of
,~,,;" claims mAnAgement,inclucling the administration of such a program and a program of loss
prevention. (Code 1962, I 2-4; Ord. No. 3773, , 2, 11.1-84)
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Sec. 4S.06. Paymeaf of e1-;III&.
As part of the claims management program, the service agent sh&ll have authority to pay
claims up to five thousand dollars ($5,000.00) from funds in the bank trust account. Any
claims requiring the payment of a sum in acess of five thousand dollars ($5,000.00) shall fU'St
be approved by the city coYn""i_ion. (Code 1962, 12-5; Ord. No. 3773, I 3, 11.1-84)
Sec. 43.08. Beport of louea.
Whenever a claim loss occurs, it shall be the duty of the head of the department in which
the claim loss occurs to report the loss to the service agent, in writing. Such report shall give
full detaila concerning the loss, including any reports, pictures, statements or other data and
shall include an estimate of the value of ~ claim loss. Each report of claim loss shall be
kept on file at the city hall for a period of one year after it has been acted on and may
thereafter be proceaaed in accordance with the schedule for handling public records. (Code
1962, , U; Ord. No. 3773, , <l, 11.1-84)
)
"Sec. 43.07. Authority of city JJ\Anager to reduce insurance, etc. ,
The city manager is authorized, beginning with the fU'St fiscal year following institution
of self-insurance program by city, to reduce the amount of fire, windstorm, liability, work-
men's compensation, and other insurance carried by the city, and to continue to make such
reductions as the insurance reserve fund is increased. The city manager is authorized to use
his ,discretion in making such reductions, and may reduce the amounts of some types of
insurance carried by the city I or may cancel some types altogether, as he thinks best; provid-
ed, however, the city shall not be permitted to be without insurance protection of any kind
except when the insurance reserve fund amounts to fifty thousand dollars ($50,000.00) or
more. (Code 1962, ~ 2-7)
Supp. No. 24
409