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    Posted: Oct 23 2017 at 10:06am
 
Emergency Resolution No. 56-2017. A Resolution authorizing the City Manager to enter into a Public 
Works Mutual Aid Pact with surrounding jurisdictions to assist during an emergency or
disaster and declaring an emergency.

Background. Public Works would like to enter in the a mutual aid contract through the Center for 
Local Government (CLG) to provide mutual aid with other surrounding jurisdictions during and 
emergency or disaster. This is a program that the CLG started up in 1993 and a lot of communities 
in the Cincinnati area currently participate. The manual that we receive will have a list of 
participating jurisdictions and the names and contact information of each jurisdiction's designated 
contact personnel. It also includes a manifest of each jurisdictions Public Works equipment most 
often needed in emergency situations. We do not have to provide assistance if we are needing our 
equipment or personnel to deal with a disaster, only if we are not involved and can provide 
additional support. The agreement is in effect for a three (3) year period and shall automatically 
renew for successive periods of three (3) years unless the agreement is terminated.

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Introduction
The purpose of this manual is to help you take full advantage of your jurisdiction’s participation 
in the Public Works Mutual Aid Pact. Keep it handy. If a disaster such as a tornado or flood 
strikes your community, this  manual may help you locate the assistance you need to prevent the 
disaster from becoming a tragedy and to return service to normal as quickly as possible.
The manual consists of three sections:

• A list of the participating jurisdictions and the names and contact information of each 
jurisdiction’s designated contact personnel.
•  A selective inventory of each jurisdiction’s public works equipment.  The equipment listed has 
been identified   as that which is most often needed in emergency situations. It includes heavy and 
light equipment, as well as parks, road repair and service/garage equipment.
• An Appendix, including frequently asked questions on the Public Works Mutual Aid Pact and a copy of the agreement.

This manual is periodically updated for participant use. You can help keep the manual current by 
alerting the Center staff to any changes in your jurisdiction’s key contact personnel or public 
works equipment inventory.

This manual should be made available to your public works director, or other person who may be 
responsible for coordinating public works activities in the event of an emergency. You may make as 
many copies of the manual as you deem necessary for your operation.
Exhibit "A" E Res No. 56-2017

Frequently Asked Questions

1.         Why have a Public Works Mutual Aid Pact?

The Public Works Mutual Aid Pact was an outgrowth of The Center for Local Government’s 
Collaboration Committee’s discussions in 1993 about the need to develop some mechanism that would 
allow local jurisdictions to have a clear understanding of the roles and responsibilities assumed 
when giving assistance to other jurisdictions in emergency situations. Some of the items that 
members of that committee felt should be addressed included liability in the event of an accident 
involving one jurisdiction’s equipment or personnel while serving in another jurisdiction, 
liability in the event of an accident involving a member of the public, duration of use of 
equipment or work crews following an emergency, and the definition of an emergency. Committee 
members felt that clarifying these kinds of issues in advance  of an emergency would allow for 
better response to emergencies when they occur.

2.         What constitutes an emergency?

Our Mutual Aid Pact defines a “disaster” as “… the occurrence, or imminent threat of widespread or 
severe loss of property or life which exceeds the routine capabilities of local governmental, 
health care and other community agencies. The most common disasters include floods, major fires, 
earthquakes, tornadoes, and other emergencies which occur with little or no warning.”

3.         What kind of aid is covered?

This pact covers the provision of “aid, assistance, manpower or equipment” that would normally be 
associated with the kinds of services provided by a Public Works Department.  It is understood that 
Mutual Aid pacts already exist for police and fire services.

4.         Who can request aid under this agreement?

The Chief Administrative Office (City Manager, Township Administrator, Village Administrator or 
Safety Service Director) or his/her designee.

5.         How do you make a request?

This is spelled out in Section III of the Pact. The directory in this manual identifies the 
specific persons to be contacted at each participating jurisdiction, and gives appropriate contact 
information.

6. What if I get a request for aid when I need the equipment or manpower myself?
Section II of the Pact clearly establishes that you continue to be entirely free to determine 
whether or not you are in a position to respond to a request for aid. If you need your resources 
for the area which you normally service, you are not obligated to send that equipment or manpower 
elsewhere.

7.         Does signing this pact prevent me from providing aid or receiving aid from a 
jurisdiction which has not signed?
No. You remain free to give and receive aid from any other jurisdiction. The advantage of this pact 
is by signing only one agreement, you have entered into mutual agreements with all the other 
signatories.

8.         What if I get a request for aid from a signer of this pact after I have committed 
available resources to a non-signing jurisdiction?  Do  I have to pull my resources from the other 
jurisdiction to serve the signer?
No. The agreement recognizes that in some cases, you may have made a prior commitment. You are 
never required to break a commitment already made.

9.   If an employee is injured while providing aid under this agreement, which jurisdiction is 
liable for any worker’s compensation that    might result?
The employing jurisdiction.  Workers’ compensation law in Ohio makes this clear, but this agreement 
also recognizes that fact.

10.   If we send special equipment to another jurisdiction and unsafe use of the equipment results 
in injury to an employee, which    jurisdiction is responsible for the employee injury?
If you own the equipment, you are responsible to assure that employees operating the equipment have 
been properly trained in safe operation. However, if you are a “host” employer, you also have a 
responsibility to make visiting employees (directly or through their employer) aware of any known 
hazards before they enter an area or begin to work.

11.     If I request aid, and an employee of responding jurisdiction is injured while providing 
that aid, can the responding jurisdiction sue me to collect for the Workers’ Compensation that may 
be assessed against that jurisdiction?

Section V of the agreement specifically provides that no party providing aid shall seek damages or 
reimbursement under such
circumstances.

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Public Works Mutual Aid Contract
Introduction
For the purpose of this agreement a disaster will be defined as the occurrence, or imminent threat, 
of widespread or severe damage or loss of property or life which exceeds the routine capabilities 
of local government, health care, and other community agencies. The most common disasters include 
floods, major fires, earthquakes, tornadoes, and other emergencies which occur with little or no 
warning. While these disasters cannot be foreseen, their effects on a community can be anticipated 
and planned for in order to  expedite the community’s return to normal conditions. Actions taken to 
cope with an emergency may prevent a disaster from becoming a tragedy. This mutual aid contract is 
an attempt, prior to the actual occurrence of a disaster, to facilitate recognition of emergency 
demands and make the response of participating communities more effective.


KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, it is the expressed desire of the member jurisdictions of the Center for Local Government, 
located in the Greater Cincinnati area, to agree to unite by contract for the purpose of rendering 
mutual aid, assistance, manpower and equipment, to each other in the event of emergency situations 
arising within their individual jurisdictions wherein their own non-safety Public Works manpower 
and equipment is deemed inadequate; and,

WHEREAS, the citizens served by all parties having the desire to contract as aforementioned will be 
better protected both in life and limb as well as in property by having available the mutual aid, 
assistance, manpower and equipment of the other parties to this contract should an emergency arise 
wherein their respective forces are deemed inadequate to meet such emergency; and,

WHEREAS, the preservation of life, limb and property of the citizens of the various communities 
desiring to contract herein depends upon having available all possible aid assistance, manpower, 
equipment, and knowledge;

THEREFORE, this contract is entered into upon the following terms and conditions, by and between 
the parties hereto, with the mutual promise of each to the other as consideration therefor:

I.          PRIMARY RESPONSIBILITY

No provision of this contract shall be construed to place liability upon any other party hereto for 
failure to respond to a request for assistance hereunder, if, in the sole discretion of the party 
being requested, their services are considered necessary to the community or are for which they are 
primarily responsible.

Further, it is agreed that each party hereto bears the burden of protecting that area through which 
it gain its compensation and authority of jurisdiction, and that any decision to render aid to 
another party hereto requesting same must bear on this principle.

II.        REQUESTS FOR AID (By Whom Made)

A request for aid, assistance, manpower, or equipment under the provisions of this contract shall 
be made only by the Chief Administrative Officer or his/her designee(s) of a jurisdiction as a 
party to this contract.

Page 2


III.       REQUESTS FOR AID (Manner)

A request for aid, assistance, manpower, or equipment under the provisions of this contract shall 
be made to the person or agency having the responsibility of dispatching such requested party on 
calls within its own area of jurisdiction. Such requests shall  be made, insofar as practicable, in 
the following manner:

a.)    The authority requesting same will spell out specifically what aid, assistance, manpower, or 
equipment it requires; b.)        They shall state the nature and location of the emergency where 
such aid is needed;
c.)  The respondent shall cause an entry of the request to be made on appropriate  departmental 
records, stating the  time,  pieces of equipment, personnel and the duration of time each was 
utilized.  A copy of the entry shall be forwarded to  the Center for Local Government at the 
earliest convenience.
d.)   For the purpose of the above, each party hereto shall provide each of the other parties the 
name and public service    number of the dispatching authority for the department.  Such lists 
shall be combined into one item and distributed to  all parties hereto as the need demands.

IV.      CHARGES

No charge shall be made to or by any party to this contract for the services rendered under this 
contract unless agreed upon by the jurisdiction in advance, it being the expressed intention of the 
parties hereto that the sole consideration is the mutual promises,  each to the other, of rendering 
aid, assistance, manpower or equipment.

No part of this contract, however, shall be construed as to avoid or nullify any other valid and 
existing contract which may be in effect between parties hereto or with parties not entering into 
this contract.

V.        DAMAGES – LOSSES – INJURIES

The parties hereto mutually agree that no party rendering aid, assistance, manpower, or equipment 
under the provisions of this contract shall seek damages or reimbursement for loss or injury to 
equipment from any party hereto requesting such aid, assistance, manpower, or equipment, except as 
hereinafter provided; further, that there shall be no reimbursement for any indemnity award or 
premium contribution assessed against the employing party for Workers’ Compensation or other 
benefits arising by reason of injury or

Page 3


DAMAGES – LOSSES – INJURIES (Cont’d)

death to a member of a force of such party while engaged in rendering services under the terms of 
this contract, it being mutually agreed between the parties hereto that the responding party shall 
be solely responsible for any loss or damages sustained by third parties injured or damaged by any 
act of said responding party in rendering aid, assistance, manpower, or equipment under the terms  
of this contract.

VI.       TERM OF CONTRACT

This agreement shall be in effect for a period of three (3) years from the effective date hereof 
and shall be automatically renewed for successive periods of three (3) years as to all parties, 
unless termination and notice to withdrawal is completed in accordance with the terms herein.

VII.     TERMINATION

It is mutually agreed by the parties that any party may terminate this agreement at any time upon 
written notice served by registered mail to the other party sixty (60) days in advance of such 
effective termination. Such termination or withdrawal, however, shall not be deemed termination of 
the entire contact and agreement as to the remaining parties hereto and as to those remaining, this 
agreement will continue in full force and effect with the mutual promise of such parties remaining 
as the consideration therefore.

Upon receipt of the notice of intent by registered mail from any party hereto, the Center for Local 
Government, the party designated as the official repository for this contract, will notify all 
other parties hereto of the details of such notice.

VIII.    IMPLEMENTATION

It is mutually agreed that this contract shall be implemented by the organization known as the 
Center for Local Government, as such group shall be responsible for distribution of the various 
instruments connected with same, and for acting, through its administrator, as the official 
repository for same and for sending notices to parties hereto as herein provided.

It is further mutually agreed that membership in the said Association is a prerequisite for being a 
party to this contract; such limitation being expressed within the limits of membership as 
hereinafter provided.


Page 4


IX.       PARTIES (Membership)

Shall be comprised of the members of the Center for Local Government.

X.       EXECUTION

This agreement may be executed in any number of counterparts, all of which together shall be 
considered a single instrument. All of the counterparts shall be filed with the administrator, of 
the Center for Local Government, who shall be deemed the official repository for this agreement and 
contract is accepted, together with the citation for providing who shall sign the counterpart 
binding said party.

The administrator of the Center for Local Government shall send to each party to this contract a 
certificate indicating the  names of all parties to the same as soon as practicable after the 
effective date hereof.

XI.       ADDITIONAL PARTIES TO CONTRACT

It is mutually agreed by the parties hereto that from time to time new parties to this agreement 
may be added, provided other requirements are met as specified herein, and further provided that 
all parties to this contract have been notified by the administrator of the Center for Local 
Government, by registered or certified mail, no later than thirty (30) days after their acceptance. 
The date of the initial tern shall coincide with the then existing term of this contract, whether 
within the initial term or successive automatic renewal term hereof, and from that time shall be 
for the same term as other parties to this contract.


XII.     EFFECTIVE DATE

This agreement shall become effective upon execution by the Chief Administrative Officer and will 
be effective on that date as to all parties who have executed the agreement in accordance with law 
and have returned same to the administrator of the Center for Local Government. The administrator, 
when making initial distribution of the agreement counterparts, shall indicate the dates forth 
herein to all parties.

Page 5

Page 6
XIII.    SEPARABILITY OF CLAUSES
It is mutually agreed by the parties hereto that should any part, section, clause or specification 
herein be decided unlawful or unconstitutional, the remaining parts, sections, clauses and 
specifications shall continue to operate as if independent thereof.
IN WITNESS WHEREOF, the undersigned, through its duly authorized agent(s) or representative(s), 
hereunto set its hand this
                                     day of                                     , 20     .
Local Jurisdiction
Chief Administrative Officer
Director, Center for Local Government

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Emergency Resolution No. 56-2017. A Resolution authorizing the City Manager to enter into a Public 
Works Mutual Aid Pact with surrounding jurisdictions to assist during an emergency or disaster and 
declaring an emergency.

Mr. Arthur explained that this is through the Center for Local Government to provide vehicles, 
equipment, and personnel for a three year period.

Mr. Hickman asked how often it is used. Mr. Arthur replied that it is not used very often and we 
don’t have to provide the equipment if we do not want to. Mr. Hickman asked if this would be 
implemented whenever it snows.  Mr. Arthur explained that we have the right of refusal.

Mr. Funk asked if any research has been completed as to how we see our role and what value we will 
see out of this. Mr. Arthur felt it was good to be involved especially everyone having a list of 
what each community has in the event something is needed.

Mr. Hickman asked why it was an emergency and Mr. Arthur stated that they are in the process of 
redoing all of the agreements and we are getting close to the deadline to join.

Mr. Hickman is concerned that it will be used continuously and wasting taxpayers’ money by doing 
things in other communities that we do not need to do. It could happen in this department, as well 
as, any other department.

Mr. Arthur confirmed Mrs. Rubin’s understanding that if there is a need in the event of a disaster 
we would know what community to call.

Mr. Funk asked that we track this over the next three years. Mr. Arthur clarified that it is for 
specific emergencies and does not anticipate it being used frequently.

Mayor Routson felt it would be a benefit.

Mrs. Rubin moved to suspend the rule requiring the reading of Emergency Resolution No. 56- 2017 on 
two separate days, authorize its adoption on the first reading, and have it read by title only; 
seconded by Mrs. Hale.  Voice vote.  Motion carried.

The Clerk of Council read Emergency Resolution No. 56-2017 by title only.

Mrs. Rubin moved to adopt Emergency Resolution No. 56-2017; seconded by Mr. Clark. Roll call
vote: seven ayes.  Motion carried.


Source: Monroe City Council Minutes
Regular Meeting of Council
October 24, 2017 – 6:30 p.m.
233 South Main Street, Monroe, Ohio
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