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1993-038 Mutual Aid AgreementRESOLUTION NO. 38-93 A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE VILLAGE TO ENTER INTO A PUBLIC WORKS MUTUAL ' AZD AGREEMENT WITH OTHER MUNICIPALITIES AND COUNTIES WITHIN THE STATE OF FLORIDA, AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, Chapter 252, Florida Statutes, authorizes the Village of North Palm Beach, Florida, to enter into a Public Works Mutual Aid Agreement for emergency planning for natural and man made disasters which may occur that exceed the Village's ability to combat and ratify without outside assistance; and, WHEREAS, the Village COUricil Of the Palm Beach, Florida, deems it necessary consistent with the the best interests of Village of North Palm Beach to enter Agreement under the statute with other counties in the State of Florida; a Village of North and desirable and the citizens of the into a Mutual Aid municipalities and NOW, THEREFORE, BE ZT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Village of North Palm Beach is hereby authorized to enter into a Public Works Mutual Aid Agreement between the Village and other Florida municipalities and counties, and the same is hereby accepted and approved by the Village of North Palm Beach. A copy of the agreement is' attached hereto, and marked Exhibit "A" and made a part hereof. Section 2. The Mayor is hereby authorized to sign and execute the said agreement for and in behalf of the Village of North Palm Beach and the Village Clerk shall attest and affix thereto the Village Seal. Section 3. The Village Clerk is hereby directed to forward a certified copy of this resolution to the Division of Emergency Management, Department of Community Affairs, Tallahassee, Florida, and to the Chairman of the Board of County Commissioners of Palm Beach County. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 26th DAY OF August 1993 ' EST: MAYOR age Clerk ~ `~~ mutualaid.res ' PUBLIC WORKS MUTUAL AID AGREEMENT 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- roc~l 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 powezs, 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 manpowbr 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 o~iginal signatures and copies of authoriz- ing resolutions and ins rance 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 - 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, 1n war or in peace, which results or may result in substantial injury or harm to the popu- lation or substantial damage to or lose of publio 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 Asslsting 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- ~ency, 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 descrtiption 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 - 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 hie 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. remain,e to all times d underp the directs supervision and coot of 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 - ' frog the time of their arrival at the designated location to the time of their departure. I 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 8. 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 indirbct 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- 1 - 4 - ' 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, miacellaneoussupplies, and minor repairs for the Assisting party's equipment wring 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 publicatlon 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- ton 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 ' Ifor 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 lnsurance carrier authorizing it to provide and receive assistance under this Agreement, and - 5 - ' indicating that there wile 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 td 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, suite, actions, damages, and causes o£ 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 coats, 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, 1f necessary, in 72-hour increments. SECTION 7. TERM Thies 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 o£ this Agreement t~ the executed copy of this Agreement which is filed with the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. - 6 - ' SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The only responsibilities the Division o€ 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 during the second quarter of the calendar year. SECTION 10. SEVERAHILITY 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 this y~_ day of _ August ,, 19 93 ' GOVERNMENT: Village ofS'/~No')rth P~aljm Beach i HY : G~/~~~~ ;i /AE6l~ V. A. Marks M _Q., Mayor (Typed Name an Title ) /~(~~ ATT ST • /~__ ~ i„i ~ // ~ L//~C (Secretary) Kathleen F, Kelly CMC Village Clerk (Typed Name and Title) ATTACH AUTHORIZING RESOLUTION OR ORDINANCE AND INSURANCE LETTER OR RESOLUTION. 1 - 7 - ' PUBLIC WORKS MUTUAL AID AGREEMENT APPENDIX A Date: August 26, 1993 Name of Government: ' VILLAGE OF NORTH PALM BEACH Mailing Address: 501 U.S. HWY #1 City, State, Zip: NORTH PALM BEACH, FL 33408 Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name• C. R O'MEILIA P E Titl©: DTRF~TORr PIIBI IC SERVICES. Address: 645 PROSPERITY FARMS ROAD Ir1 ~LJ Day Phone407-626-0212 FAX No.: 407-881-7469 Night Phone 407-622-7010 1st Alternate Reoresentative Name: CHIEF BRUCE SEKERES Title: DIRECTOR, PUBLIC SAFETY Address: 501 U.S. HWY #1 Day Phone 407-848-2522 Night Phone 407-842-2380 2nd Alternate Representative • Nam©: WILLIAM REINERT Title: SUPERVISOR, PUBLIC WORKS Address: 645 PROSPERITY FARMS ROAD ' Day Phone 407-626-0212 Night Phone 407-747-4535 - 8 - PUBLIC WORKS MUTUAL AID AGREEMENT APPENDIX B ' ~ It is recommended that the following sample letter or telegram be used when requesting assistance: Date: 1 (Name & Address of Assisting Government) SUBJECT: Assistance Request In recognition of the personnel, equipment, or other emergency assistance being sent to ue 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: REPLY' FAX No.: DATE: This government agrees to provide the emergency assistance re- quested by tie 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 -