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HomeMy WebLinkAboutR-96-0012d J-96-48 1/11/96 RESOLUTION NO. J - 12 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, FOR THE PURPOSE OF SETTING FORTH THE PARTIES RESPONSIBILITIES IN CONNECTION WITH THE PROVIDING OR RECEIVING OF ASSISTANCE OF VARIOUS MUNICIPAL EMERGENCY AND NON - EMERGENCY SERVICES TO OR FROM OTHER JURISDICTIONS IN THE STATE OF FLORIDA FOLLOWING A CATASTROPHIC DISASTER. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the State and its political subdivisions to develop and enter into mutual aid agreements for reciprocal 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 powers, duties, rights, privileges, and immunities of political subdivisions of the State rendering outside aid; and WHEREAS, the State of Florida, especially South Florida and the City of Miami is geographically vulnerable to hurricanes, tornadoes, freshwater flooding, sinkhole formations, and other natural disasters that in the past have caused severe disruption of essential human services, including emergency response and severe property damage to public roads, utilities, buildings, parks, and other government owned facilities; and IATTACHMENT (5) CONTAINED CITY COMMISSION MEETING OF, JAN 2 5 1996 Resolution No. 96-- 12 WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens of the affected community, including the City of Miami, should such disaster occur; and WHEREAS, to provide the most effective mutual aid possible, each participating government, intends to foster communications between the personnel of the other participating government by visits, compilation of asset inventories, exchange of information and development of plans and procedures to implement this Agreement; and WHEREAS, each participating government will be responsible for their own personnels liability and workers compensation costs and will not be an additional financial burden on the affected community; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized-/ to execute a Mutual Aid Agreement, in substantially the attached form, between the City of Miami and the State of Florida for the i/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- f purpose of setting forth the parties responsibilities in connection with the providing or receiving of assistance of various municipal emergency and non -emergency services to or from other jurisdictions in the State of Florida following a catastrophic disaster. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of January 1996. a SAE A NP. CLAR MAYOR J. CITY i -3- 96- 12 -3- 96- 12 April 27, 1994 STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, 0 DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS: WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into -.mutual aid.agreements for reciprocal 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 powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and L_ WHEREAS, Chapter 252, Florida Statutes, authorizes the State to enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state any real or personal property of the state government or the temporary 4 transfer or employment of personnel of the state government -to or by any political subdivision of the state; and WHEREAS, Chapter-252, Florida Statutes, authorizes the. governing-bpdy of each political subdivision of the state to enter into such contract or lease with the state, accept any such loan, or employ such personnel, and such political 96- 12 APH t 27, 199L subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed, and to otherwise do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of 'the area or upon the request of any recognized and accredited relief agency through such duly constituted authority; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to call to duty and otherwise provide, within or without the state, such support from available personnel, equipment, and other resources of state agencies and j the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergencies; and WHEREAS, Chapter 252, Florida Statutes, requires that each municipality must coordinate requests for state or federal, emergency response assistance with its county; and WHEREAS, the State of Florida is geographically vulnerable to hurricanes, tornadoes, freshwater flooding, sinkhole 96 - 12 0-- formations, and other natural disasters that in the past have caused severe disruption of essential human services and severe property damage to public roads, utilities, buildings, parks, and other government owned facilities; and WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens -of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, each Participating Government, intends to foster communications between the personnel of the other Participating Government by visits, compilation of asset inventories, exchange of information and development of plans and procedures to implement this Agreement; NOW, THEREFORE, the Parties hereto agree as follows: SECTION-1. DEFINITIONS A. "AGREEMENT" - the Statewide Mutual Aid Agreement for Emergency Response/Recovery. Political subdivisions of the State of Florida may become a party to this Agreement by executing a copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida Division of Emergency Management. Copies of the agreement,* with original signatures and copies of authorizing resolutions and .&Mi4 27. 1994 insurance letters shall be filed and maintained at the Division headquarters in Tallahassee, Florida. 8. 11REQUESTING PARTY" - the participating government entity requesting aid in the event of an emergency. Each municipality must coordinate requests for state or federal emergency response assistance through its county. . C. "ASSISTING PARTY' - the participating government entity furnishing equipment, services and/or manpower to the Requesting Party. D. "AUTHORIZED REPRESENTATIVEII - an employee of a participating government authorized in writing by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be attached as Appendix A to the executed copy of the Agreement supplied to the Division, and shall be updated as needed by each participating government. E. "DIVISION'$ -- the State of Florida, Department of Community Affairs, Division of Emergency Management. F. "EMERGENCY11 - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. 4 95- &Mf t 27. 199Z p� G. "DISASTER" - any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, Governor, or the President of the United States. H. 11PARTICIPATING GOVERNMENT" - the State of Florida and any political subdivision of the State of -Florida which executes this mutual aid agreement and supplies a complete executed copy to the Division.. I. "PERIOD OF ASSISTANCE" v 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. a. "WORK OR WORK -RELATED PERIOD11 - 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 5 April 27, 9994 �'7 Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting 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 either becomes affected by, or is under imminent threat of, an emergency or disaster, it may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting a -copy of that declaration to the Assisting Party, or to the Division, or (ii) by orally communicating a request for mutual aid assistance to Assisting•Party or to the Division, followed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by Participating Governments unless resources available within the stricken area are deemed inadequate by the Local Emergency Management Agency. All requests for mutual aid shall be transmitted by the Authorized Representative or the Director of the Local Emergency Management Agency. Requests for assistance may be communicated either to the Division or directly to an Assisting Party. Requests for assistance under this Agreement shall be limited to catastrophic disasters, except where the Participating Government has no other mutual aid agreement based upon Section 252.40 or 163.01, Florida 6 Anvil 27, 12% Tnq Statutes, in which case a Participating Government may request assistance -pursuant to the provisions of this agreement. A. REQUESTS DIRECTLY To ASSISTING PARTY: The Requesting Party may directly contact the authorized representative of the Assisting Party and shall provide them with the information in paragraph C below. All communications shall be conducted directly between the Requesting and Assisting Party. Each party shall be responsible for keeping the Division advised of the status of the response activities. The Division shall ftbt be responsible for costs associated with such direct requests for assistance.' However, the Division may provide, by rule, for reimbursement of eligible expenses from the Emergency Management Preparedness and Assistance Trust Fund created under Section 252.373, Florida Statutes. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, THE DIVISION: The Requesting Party may directly contact the Division, in which case it shall provide the Division with the information in paragraph C below. The Division may then contact other Participating Governments on behalf of the Requesting Party and coordinate the provision of mutual aid. The Division shall not be responsible for costs associated with such indirect requests for assistance, unless the Division so indicates in writing at the time it transmits the request to the Assisting Party. In no event shall the -Division or the State of Florida be 7 96_ 12 l&Ei t 27, 1994 responsible for costs associated with assistance in the absence of appropriated funds. In all cases, the party receiving the mutual aid shall be primarily responsible for the costs incurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. C. REQUIRED INFORMATION: Each request for assistance shall be accompanied by the following information, to the extent known: 1.. A general description of the damage- sustained ;••• 2. Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services# search and rescue, etc.) and the particular type of assistance needed; 3. Identification of the public infrastructure system for + which assistance is needed (e.g. sanitary sewer, potable water, .streets, or storm water systems) and the type of work assistance needed; 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; 95-- r.� Maril 27, 1994 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief renters or staging areas for incoming emergency goods and services; and 6. A specific time and place for a representative of the Requesting Party to meet the personnel and. equipment of any Assisting Party. This information may be provided on the form attached as Exhibit B, or by any other available means: -The Division"may revise the format of Exhibit B subsequent to the execution of this agreement, in which case it shall distribute coipies to all participating governments. D. ASSESSMENT.OF AVAILABILITY OF RESOURCES. AND ABILITY TO RENDER ASSISTANCE:. When contacted by a Requesting Party or the Division the authorized representatives of any participating government agree to assess their governmentI.s situation to determine available personnel, equipment and other resources. P.11 participating governments shall render assistance to the extent personnel, equipment and resources are available. Each participating government agrees to render assistance in accordance with the terms of this Agreement to the fullest extent possible. When the authorized representative determines that his Participating Government has available personnel, equipment or other resources, they shall so notify the Requesting Party or the 9 9 - 12 April 27, 1994 0 Division, whichever communicated the request, and provide the information below. The Division shall, upon response from sufficient participating parties to meet the needs of the Requesting Party, notify the authorized representative of the Requesting Party and provide them with the following information, to the extent known: 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2. The estimated length of time the personnel, equipment, and materials 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 representative of the Requesting Party. E. SUPERVISION AND CONTROL: The personnel, equipment and resources of any Assisting Party shall remain under operational control of the Requesting Party for the area in which they are serving. Direct supervision and control of said personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. Representatives of the Requesting Party shall provide work tasks to the supervisory 10 96— 12 • Apri t 27,, I W4 personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the responsibility and authority.for assigning work and establishing work schedules for the personnel of the Assisting Party, based on task or mission assignments provided by the Requesting Party and the Division. The designated supervisory personnel of the Assisting -Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment --and other resources furnished by the' Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided.. F. FOOD; HOUSING; SELF-SUFFICIENCY Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the I s ' 11 96- - 12 f Agri t 27. 199f► greatest extent possible, self --sufficient for operations in areas stricken by emergencies or disasters. The Requesting Party may specify only self --sufficient personnel and resources in•its request for assistance. G. COMMONSCATIONS: unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units.. H. RIGHTS AND. PRIVILEGES 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. I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall complete•a written acknowledgment regarding the assistance to be rendered, setting forth the information transmitted in the request, and shall transmit it by the quickest practical means to the Assisting Party or the Division, as applicable, for approval. } The form to serve as this written acknowledgement is attached as ! Attachment C. The Assisting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the Agri[ 27. i2m 164 Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. BEIMBURSABLE 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 Requesting and Assisting Parties and specified in the written acknowledgment executed in' accordance with paragraph 2.1. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. A. PERSONNEL - During the period of assistance, the. Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting 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 personal 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 13 12 April 27. 1994 0 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 Requesting 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, the Division, and 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 by the Requesting Party for the use of its equipment during the period of assistance according to either a pre -established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228. 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 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 14 96- Apr -it 27, 1n IN Requesting Party and by the amount of any insurance proceeds received by the Assisting 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, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established in 3.B. above, unless such damage is caused by gross negligence, willful and wanton misconduct, -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 determined in accordance with 44 CFR 206.228. 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. If such an agreement is made, it shall be .reduced to writing and transmitted to the Division. D. RECORD KEEPING - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or the Division using format used or required by FEMA publications, including 44 CFR part 13 and applicable office of Management and Budget Circulars. Requesting Party and Division. 95- 12 �J Il it 27, 1994 finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. E. PAYMENT - Unless otherwise mutually agreed in the written acknowledgement executed in accordance with paragraph Z.I. or a subsequent written addendum to the acknowledgement, the Assisting Party shall bill the Requesting 'Party for all reimbursable expenses with an itemized Notice as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 CFR part 206. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following the billing date. These timeframes may be modified by mutual agreement. This shall not preclude an Assisting Party or Requesting Party from assuming or donating, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided to a Requesting Party. F. PAYMENT BY OR THROUGH THE DIVISION: The Division of Emergency Management may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to the request of the Division, to the extent of funds available, and contingent upon an annual appropriation from the Legislature for such purposes. The Assisting Party 96- 12 shall be responsible for making written request to the Division for reimbursement of travel and subsistence expenses, prior to submitting a request for payment to the Requesting Party. The Assisting Party's written request should be submitted as soon as possible after expiration of the period of assistance. The Division shall provide a written response'to said requests within ten (10) days of actual receipt. If the Division denies said request, the Assisting Party shall then bill the Requesting Party. in the event that an affected jurisdiction requests assistance without forwarding said request through the Division, or an assisting party provides assistance without having been requested by the Division to do so, the Division shall not be liable for reimbursement of any of the cost(s) of assistance. The Division may serve as the eligible entity for requesting reimbursement of eligible costs from FEMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Division may authorize applications for reimbursement of eligible costs from the undeclared disaster portion of the Emergency Management Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, in the event that the disaster or emergency event is not declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-707. Such applications April 27, 1994 shall be evaluated pursuant to rules established by the Division, and may be funded only to the extent of available funds. SECTION 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, h1Yd 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 Division. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this agreement. The amount of reimbursement from the Division or the Requesting Party shall be reduced by the amount of any insurance proceeds to which the Assisting Party is entitled as a result of losses experienced in rendering assistance pursuant to this Agreement. SECTION 5. LIABILITY 18 9r- r�J 12 Jlari1 27, 1994 To the extent permitted by law, and without waiving sovereign immunity, each Party to this Agreement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of.or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. 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 extended, if necessary, in 7 day increments. SECTION 7. TERP This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed in successive one (1) year terms unless terminated in writing by the participating government. 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 Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Parties. SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall be in full force and effect upon approval by the participating government and upon proper execution hereof. Ami l 27, 1994 SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The responsibilities the Division of Emergency'Management, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of a participating government, under the circumstances identified in this Agreement; (2) coordinate the provision of mutual aid to a requesting party, pursuant to the provisions of this Agreement; (3) serve as the eligible entity for requesting reimbursement of eligible costs from FEMA, upon a Presidential disaster declaration; (4)• serve as central depository for executed Agreements; and (5) maintain a current listing of Participating Governments -with their Authorized Representative and contact information, 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; EFFECT ON OTHER AGREEMENTS_ 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 I remain in full force and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, Florida statutes, or interlocal agreements, pursuant to Section I 0 163.01, Florida Statutes, those parties agree that said agreements are superseded by this agreement only for emergency management assistance and activities performed in catastrophic emergencies pursuant to this agreement. In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this agreement shall apply unless otherwise agreed between those parties. 21 96- 12 Amit 27. 1994 0-- IN WITNESS WHEREOF, the parties set forth below have duly I executed this Agreement on the date set forth below: ATTEST: BOARD OF CLERK OF THE CIRCUIT COURT OF FLORIDA (County) By; By: Deputy Clerk Chairman APPROVED AS TO FORM: Office of the County Attorney By: EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN COUNTY (attach authorizing resolution or ordinance , and insurance letter or resolution for each) by ' Political Subdivision Authorized Official Date c by • f Political Subdivision Authorized Official Date by Political Subdivision AuthorizedOfficial Date . by Political Subdivision Authorized Official Date by Political Subdivision Authorized Official Date j . by Political Subdivision Authorized Official Date . by Political•Subdivision Authorized Official Date t ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT By: Director 22 95- 12 STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RFcnVFRV COUNTY EXECUTED APPROVED AGREEMENT PENDING RECEIPT OF REQD. INFO ALACHUA NO Ins info needed for Alachua County BAKER YES N/A BAY NO AWAITING SUBMISSION OF AGR BRADFORD NO Ins info for Bradford County BREVARD NO AWAITING SUBMISSION OF AGR BROWARD YES Need Ins Info do Appendix A for the City of Lighthouse Pt CALHOUN YES (Includes all municipalities) N/A CHARLOTTE YES (Includes all municipalities) N/A CITRUS YES (Includes all nutnicipalities) NIA CLAY NO AWAITING SUBMISSION OF AGR COLLIER NO AWAITING SUBMISSION OF AGR COLUMBIA YES _ N!A DADE NO AWAITING SUBMISSION OF AGR DzYOTO NO AWAITING SUBMISSION OF AGR DIXIE YES (Includes all municipalities) N/A DUVAL NO AWAITING SUBMISSION OF AGR ESCAMBIA NO AWAITING SUBMISSION OF AGR FLAGLER YES(COUNTYONLI2 N/A FRANKLIN NO AWAITING SUBMISSION OF AGR GADSDEN NO NEED LTR FROM INS CARRIER GILCHRIST NO Need Resol., Orig Sign Pg & Ins info GLADES NO Need MoorehavenIs Resol, Ins do Appendix A GULF NO AWAITING SUBMISSION OF AGR HAMILTON NO AWAITING SUBMISSION OF AGR HARDEE YES (COUNTY ONL 19 N/A MEND RY NO AWAITING SUBMISSION OF AGR HERNANDO YES N/A HIGHLANDS NO AWAITING SUBMISSION' OF AGR HILLSBOROUGH YES (PLANT CITYINCLUDED) NIA HOLMES NO AWAITING SUBMISSION OF AGR INDIANRIVER YES Need Ins Info from Vero Beach JACKSON YES N/A JEFFERSON YES N/A I REVISED 1/27/95 9J- OTITCQnnw "rlrrlAy I)1. .RFF_MF_NT FOR GTASTROPHIC DISASTER R. JNSE AND RECOVERY COUNTY EXECUTED APPROVED AGREEMENT PENDING RECEIPT OF REQD. INFO LAFAYETIE NO (COUNTY ONL)9 NEED INSURANCE INFORMATION LAKE YES NIA LEE YES (COUNTY ONL k) NIA LEON NO AWAITING SUBMISSION OF AGR LEVY NO AWAITING SUBMISSION OF AGR LIBERTY NO AWAITING SUBMISSION OF AGR m"ISON NO AWAITING SUBMISSION OF AGR MANATEE NO AWAITING SUBMISSION OF AGR MARION YES(INCLUDESALL MUNICIPALITIES) NIA MARTIN YES (COUNTYONLI) NIA MONROE YES (COUNTY ONL 19 NIA NASSAU YES (INCLUDESALL MUNICIPALI77ES) NIA OKALOOSA NO AWAITING SUBMISSION OF AGR OKEECHOBEE NO - AWAITING SUBMISSION OF AGR ORANGE YES NIA OSCEOLA YES (INCLUDES ALL MUNICIPALMES) NIA ' PALM BEACH YES NIA PASCO NO AWAITING SUBMISSION OF AGR PINELLAS YES NIA POLK YES (COUNTY ONLY) NIA PUTNUM NO AWAITING SUBMISSION OF AGR ST. JOHNS NO (INCLUDES CO &MUNICIPALITIES) NEED READ INFO FOR ALL ST: LUCIE NO AWAITING SUBMISSION OF AGR SANTA ROSA NO (INCLUDES CO & MUNICIPAL177ES) NEED INS INFO FOR GULF BREEZE SARASOTA NO AWAITING SUBMISSION OF AGR SEMINOLE YES NIA SUMTER NO AWAITING SUBMISSION OF AGR SUWANNEE NO AWAITING SUBMISSION OF AGR TAYLOR YES (COUNTY ONL)) NIA UNION NO NEED INS CARRIER LTR VOLUSIA YES {INCLUDES DAYTONA BCH ONLY) NIA WAKULLA YES (INCLUDESALL MUNICIPALITIES) NIA WALTON NO AWAITING SUBMISSION OF AGR WASHINGTON NO A FVAI77NG SUBMISSION OF AGR 96- 12 a STATE KIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY Friday, January 27, 1995 COUNTY AGREEMENT .NUMBER COMMENTS E✓Alachua County 95NF-99-99-99-99-001 Insurance Information needed Alachua Archer Gainesville Hawthorne High Springs ' La Crosse t Micanopy Newberry ❑✓Baker County 95NF-99-99-99-99-033 Approved ✓ Glen St. Mary 95NF-99-99-99-99-033 Approved Macclenny 95NF-99-99-99-99-033 Approved ❑ Bay County Callaway Cedar Grove Lynn Haven Parker Panama City Panama City Beach Mexico Beach Springfield STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS 0 ✓ Bradford County 95NF-99-99-99-99-038 Need Ins Info & an.,Orig. Sign. Pg. Brooker Hampton Lawtey Starke ❑ Brevard County Cape Canaveral Cocoa Cocoa Beach Indialantic Indian Harbor Beach Malabar Melbourne Melbourne Beach Melbourne Village Palm Bay Palm Shores Rockledge Satellite Beach Titusville West Melbourne Q STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ ✓ Broward County 95NF-99-99-99-99-063 Approved Coconut Creek i Cooper City Coral Springs Dania Davie Deerfield Beach Ft. Lauderdale Hallendale Hillsboro Beach Hollywood Lauderdale -by -the Sea .Lauderdale Lakes Lauderhill Lazy Lake ✓Lighthouse Point 95NF-99-99-99-99-026 Need Ins info & Appendix A Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines ' Plantation Pompano Beach C\2 I STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ ✓Broward County Cont'd. Sea Ranch Lakes Sunrise Tamarac Wilton Manors ❑ ✓Calhoun County 95NF99-99-99-99-034 Need Ins info & Resol ✓Altha 9JNF-99-99-99-99-034 Need Ins info ✓Blountstown 95NF-99-99-99-99-034 Need Ins info ❑ ✓ Charlotte County 95NF-99-99-99-99-019 Approved ✓ Punta Gorda 95NF 99-99-99-99-023 Approved ❑ ✓ Citrus County 95NF99-99-99-99-010 Approved Crystal River 95NF-99-99-99-99-010 Approved ✓ Inverness 95NF-99-99-99-99-010 Approved Clay County Green Cove Springs Keystone Heights Orange Park Penney Farms ❑ Collier County Everglades City Naples 0 STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENT, ❑ f Columbia County 95NF-99-99-99-99-027 Approved Ft. White ' a/ Lake City 95NF-99-99-99-99-027 Approved ❑ Dade County Bat Harbour Bay Harbor Islands Biscayne Park Coral Gables 4 El Portal Florida City Golden Beach Hialeah Hialeah Gardens Homestead Indian Creek Islandia Key Biscayne Medley .Miami Miami Beach Miami Shores Miami Springs STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ Dade County Cont'd. North Bay Village North Miami North Miami Beach Opa-Locka South Miami Surfside Sweetwater i Virginia Gardens West Miami U DeSoto County Arcadia ❑ ✓ Dixie County 95NF-99-99-99-99-032 Approved ✓ Cross City 95NF-99-99-99-99-032 Approved ✓ Horseshoe Beach 95NF-99-99-99-99-032 Approved ❑ Duval County (Jacksonville) Atlantic Beach Baldwin Jacksonville Beach Neptune Beach STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS U Escambia County Century Pensacola ❑ ✓ Flagler County 95NF-99-99-99-99-009 Approved Bunnell Flagler Beach Beverly Beach Marineland i • Franklin County Apalachicola Carrabelle • ✓ Gadsden County 95NF-99-99-99-99-003 Need Letter from Insurance carrier Chattahoochee Gretna Greensboro Havana Midway Quincy ❑ ✓ Gilchrist County 95NF--99-99-99-99- Need ResoL, Orig. Sign. Pg. & Ins info ✓ Bell 95NF--99-99-99-99- Need Ins information ✓Fanning Springs 95NF--99-99-99-99- Need Ins information (Trenton 95NF-99-99-99-99- Need Ins information STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ ✓ Glades County 95NF99-99-99-99-064 Pending Moorehaven's submission ✓Moorehaven 9�NF49-99-99-99-064 Need Resol, Ins & Appendix A ❑ Gulf County Port St. Joe Wewahitchka ❑ Hamilton County Jasper City Jennings City White Springs City ❑ ✓ Hardee County 95NF-99-99-99-99-015 Approved Fowling Green Wauchula Zolfo Springs ❑ Hendry County Clewiston LaBelle ❑ ✓Hernando County 95NF-99-99-99-99-035 Approved ,'Brooksville 95NF-99-99-99-99-035 Approved Weeki-Wachee a STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS U Highlands County Avon Park ' Lake Placid Sebring a ✓Hillsborough County 95NF-99-99-99-99-002 Approved ✓Plant City 95NF-99-99-99-99-043 Approved ✓Tampa 95NF-99-99-99-99-002 Need Self -Insurance Letter ✓Temple Terrace 9. NF 99-99-99-99-002 Need Ins info ❑ Holmes County Bonifay Esto Noma Ponce DeLeon Westville • ✓Indian River County 95NF-99-99-99-99-030 Approved ✓Fellsmere 95NF-99-99-99-99-030 Approved ✓Indian River Shores 95NF-99-99-99-99-030 Approved ✓Orchid 95NF 99-99-99-99-030 Approved ✓Sebastian 95NF-99-99-99-99-030 Approved ✓Vero Beach 95NF-99-99-99-99-030 Need Ins information I f STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVER' COUNTY AGREEMENT NUMBER COMMENTS ❑ ✓ Jackson County 95NF-99-99-99-99-057 Approved Alford Bascom Campbellton Cottondale Graceville Grand Ridge Greenwood Jacob Malone Marianna Sneads ❑ ✓ Jefferson County 95NF-99-99-99-99-004 Approved Monticello ❑ ✓ Lafayette County 95NF-99-99-99-99-008 Need Ins information Mayo �0� STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ ✓ Lake County, 95NF-99-99-99-99-007 Approved Astatula Clearmont Eustis ✓ Fruitland Park 95NF-99-99-99-99-048 Approved ✓ Groveland 95NF-99-99-99-99-050 Approved ✓ Howey-in-the-Hills 95NF 99-99-99-99-053 Approved Lady Lake I ✓ Leesburg 95NF-99-99-99-99-049 Approved Mascotte ✓ Minneola 95NF-99-99-99-99-058 Approved ✓ Montverde 95NF-99-99-99-99-052 Approved ✓Mount Dora 95NF-99-99-99-99-074 Approved Travares ✓ Umatilla 95NF-99-99-99-99-058 Approved ❑ ✓ Lee County 95NF-99-99-99-99-036 Approved Cape Coral Fort Myers Sanibel U Leon County Tallahassee t STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS • Levy County Bronson Chiefland Williston Fanning Springs Cedar Key Otter Creek Inglis i Yankeetown • Liberty County Bristol • Madison County Greenville Lee Madison U Manatee County Anna Maria Bradenton Bradenton Beach Holmes Beach Longboat Key ' Palmetto G� STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS U ✓Marion County 95NF-99-99-99-99-016 Approved ✓Belleview 95, NF-99-99-99-99-016 Approved ✓Dunnellon 95NF-99-99-99-99-016 Approved ✓McIntosh 95NF-99-99-99-99-016 Approved ✓Ocala 95NF-99-99-99-99-016 Approved ✓Reddick 95NF-99-99-99-99-016 Approved ❑ ✓Martin County 95NF-99-99-99-99-022 Approved Jupiter Island Ocean Breeze Park Sewall's Point Stuart U ✓Monroe County 95NF-99-99-99-99-042 Approved Layton Key Colony Key West U ✓Nassau County 95NF-99-99-99-99-025 Approved ✓Callahan 95NF 99-99-99-99-025 Approved ✓Fernandina Beach 95NF-99-99-99-99-025 Approved ✓Halliard 95NF-99-99-99-99-025 Approved ' ►STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS ❑ Okaloosa County Cinco Bayou Crestview Destin Ft. Walton Beach Laurel Hill Mary Esther Niceville Shalimar Valparaiso ❑ Okeechobee County Okeechobee . �J STATEWIDE MUTUAL AID AGRE,ElMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER COMMENTS Q ✓Orange County 95NF-99-99-99-99-046 Approved Apopka ' Bay Lake ✓Belle Isle 95NF-99-99-99-99-044 Approved ✓Edgewood 95NF-99-99-99-99-051 Approved Eatonville Lake Buena Vista Maitland { Oakland ✓Ocoee 95NF-99-99-99-99-047 Approved ✓Orlando 95NF-99-99-99-99-062 Approved Windermere ✓Wintergarden 95NF-99-99-99-99-056 Approved ✓Winter Park 95NF-99-99-99-99-045 Approved r ❑ ✓ Osceola County 95NF-99-99-99-99-006 Approved ✓Kissimmee ✓St. Cloud 95NF-99-�99-99-99-006 95NF-99-99-99-99-006 Approved Approved pp oved i c '1. r I a STATEWIDE MUTUAL AID AGREEl ENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY V:A.... T..n..ory Yl 1 00r% COUNTY AGREEMENT NUMBER MISSING INFORMATION 0 ✓Palm Beach County 95NF49-99-99-99-021 Approved ✓Atlantis g5NF-99-99-99-99-037 Approved Belle Glade Boca Raton Boynton Beach Briny Breezes ; Cloud Lake Delray Beach i Glen Ridge Golf Go Oiew Greenacres Gu fstream Haverhill Highland Beach Hypoluxo Juno Beach ✓Jup i ter 95NF-99-99-99-99- Need Orig Sign Pg for Mod # 1 do Orig Exec. Agr, Jupiter Inlet Col. Lake Clarke Shrs. Lake Park Lake Worth G�2 CTJ ki STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER MISSING INFORMATION ❑ ✓ Palm Beach County Cont'd ✓Lantana 95NF-99-99-99-99-029 Approved Manalapan Mangonia Park North Palm Beach ✓Ocean Ridge 95NF-99-99-99-99-041 Approved Pahokee i ✓Palm Beach 95NF-99-99-99-99- Need Insurance Info Palm Beach Gardens Palm Beach Shores ✓Palm Springs 95NF-99-99-99-99- Approved Riviera Beach Royal Palm BebEach South Bay ✓South Palm Beach 95NF-99-99-99-99-039 Approved Tequesta West Palm Beach STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER MISSING INFORMATION U Pasco County ' Dade City New Port Richey Port Richey San Antonio St. Leo Zephyrhills U ✓ Pinellas County 95NF-99-99-99-99-014 Approved Belleair Beach ✓Belleair 95NF-99-99-99-99- Approved ✓Belleair Bluffs 95NF-99-99-99-99- Recd. Resolution & Ins info only Belleair Shores ✓Clearwater 95NF-99-99-99-99-067 Approved ✓Dunedin 95NF-99-99-99-99- Approved Gulfport ✓Indian Rocks Beach 95NF 99-99-99-99- Recd. Ins info only, need Agr & Req. info ✓Indian Shores 95NF 99-99-99-99-066 Approved Kenneth City Largo ✓Madeira Beach 95NF-99-99-99-99- Need original Signature Page, NO COPIES PLEASE North Redington Beach STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER MISSING INFORMATION 0 ✓ Pinellas County Cont'd ✓Oldsmar 95jVF-99-99-99-99- Need Original Signature Page, NO COPIES PLEASE Pinellas Park ✓Redington Beach 95NF-99-99-99-99-068 Approved Redington Shores ✓South Pasadena 95NF-99-99-99-99- Need Original Signature Page ✓St. Pete Beach 951VF-99-99-99-99- Need Original Signature Page ✓Seminole 95NF-99-99-99-99- Recd. Resolution & Ins info only ✓Safety Harbor 95NF-99-99-99-99- Recd. Resolution only ✓St. Petersburg 95NF-99-99-99-99- Need Original Signature Page ✓Treasure Island 95NF-99-99-99-99- Need Original Executed Agr & Signature Page, Tarpon Springs no copies Please, of the Signature Page ❑ ✓ Polk County 95NF-99-99-99-99-028 Approved Auburndale Bartow Davenport Dundee Eagle Lake Fort Meade Frostproof .Haines City Lakeland ' Lake Alfred N STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBED MISSING INFORMATION ❑ ✓ Polk County Cont'd Lake Hamilton Lake Wales Mulberry Polk City Winter Haven ❑ Putnum County Crescent City Interlachen Palatka Pomona Park Welaka ❑ ✓St. Johns County 95NF-99-99-99-99-020 Need Ins information ✓Hastings 95NF-99-99-99-99-020 Approved ✓St. Augustine 95NF-99-99-99-99-020 Need Ins information *lSt. Augustine Peach 95NF-99-99-99-99-020 Need Ins information 0 St. Luce County Fort Pierce St. Lucie City STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER MISSING INFORMATION 0 Suivannee County Branford Live Oak ❑ ✓ Taylor County 95NF-99-99-99-99-005 Approved Ferry Q ✓ Union County 95NF-99-99-99-99-069 Approved ✓Lake Butler 95NF-99-99-99-99-069 Approved Raiford Worthington Springs U Volusia County ✓Daytona Beach 95NF-99-99-99-99-011 Approved Daytona Beach Shores Deland Edgewater Holly Hill c�. STATEWIDE MUTUAL AID AGREEMENTS FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY COUNTY AGREEMENT NUMBER MISSING INFORMATION ❑ Volusia County Cont'd Lake Helen New Smyrna Beach Oak Hill Orange City Ormond Beach Pierson Ponce Inlet Port Orange South Daytona ❑ V Wakulla County 95NF-99-99-99-013 Approved ✓St. Marks 95NF-99-99-99-013 Approved ✓Sopchoppy 95NF-99-99-99-013 Approved • Walton County DeFuniak Springs Freeport Paxton ,! Washington County 95NF-99-99-99-99— Need OrigAgr, Can't exec mod Wout Executed OrlgAgr Caryville Chipley Ebro Vernon Wausau er, cat 9 7c r cta : sa 11; 5SHM m D F-MErmEricY r zmri- - - - -- _ - MEMORANDUM TQ: Kate Hai,® rkr:"Aiigtds� 4, L�B� -- -- ftad Murphy RZ4 statewide �dtttUal� FROX: Augusto L. Maxw611 AAA Agr'eezent Aaaistant county Attorney you have asked zee to camUnt on an Agreement provided to you by the Department of Conngnity Affairs that establiahas a statewide emergency mutual aid network. The Agreement needs further alari.f.icati,on as (1) the rcl�j of the Division of 94argency Managemaht is too vague►, and (2) the terma when mutual assistance is apprapriata area contusing, XY chief Qchaorn is tUt the rolls of the Division of Zzorgency Management Is toa vaquas it is difficult ieult to detteami.ne vhethw its function is to coerdinata as contrasted to direct assistance from the respective counties. While the Agreement accurately n*tas the DAPision WV "make available any eqg pmant, oervices or facilities owned.. ,hy tdtatel ,political suWivislans. •." .it+e Ufteloar how that authority is triggered. I [p. 23 dpeaif i 0al,ly the Apa=ant provi.dea that after a I uR ,uestinq party'? has contacted teas Division, Ott3he Divicion may trAh contact other Participating reavernments al of the Regueating Partly and coordSnate the proVision of mutual a d." IP 73 stio unclear whether tba •Division io si tply� ,placing calls at the direction of the Requesting Party or independentLy astsaetLng which countica to call on its behalf. The titlo of that paxagrapise "Requesto routed through, or fwkaxazing gr2af the Division#" suggests the Division May raquest the assistance of counties not regUtsfted by the injured ccAmty. I Second, the oontractes employment ®f several tex=z to describe the satuatione that would tzigger asai.stance under the Agrsezent is confusing. For example the ftreement is entitled "8tateWide XUtUal Aid AooeWent for ',tarlablg Dina �tr T VLeisponsa and Recoveryir yet it naver def i,nae that to a only "Erkergenay+t and "SDasaster" es provided in the governin�r statute, Chapterma 252. (P. 4-ga she Agreant also does not =,ago the definitions ,provided tinder the chapter for QXinor, " OXa J or l" and "Catastr0l*hi g" disasters. Given that such different occurrences are cantemplated, it19 difficult to understand the Alrecaent's provision that "Requeats fOr assistance under this Agreement shall, be li= tad to 9AZ , retch a disasters, .... f [P. 0) . I in summary, l cannot with Cantidence advias you of %bo raja. thin Agreement givos to the Division nor the circuZatance under which asaistancze should be wade avai.labld under this Agreezent• AENIac 96- �2 I 1 : 5(5RM M D EENCr MGMNT P. 3 a POTENTIAL PROBLEMS FAR PROPOSED STATEWIDE MUTUAL AiD AGREEMENT 1. Title ... loft out the original categories of "Major or Catastrophic". Major ohouid be included bocause both "major" and "catastrophic" era addressed in the State of Florida Comprehensive Emergency Management Plan (CEMP) and the Federal Response Man as speciflo levels of disaster with associated levels of response. 2. Terms (Agreement vs Compact)...The original document was a compact, Although the terms may mean the some thing, i was under the Impression that an "agreement" is legally bihding, but a "compact" is not. 3. Participating Partaes.„The Agreement Is between the State of Florids and each Political Subdivision of the State. What is the definition of "Political Subdivisions of the State"? What about Indian Reservations or Agencies such as Regional Plenning Councils, Water Management Districts, American Red Cross, Aesoclation of Counties, ate. 4, Fourth "Whereas" Par ,..Do counties have to provide Mutual Aid to the State of Florida under this Agreement? • 5, Last "Whereas" par,..Detete "compilation of asset Inventories". Inventories are difficult to keep current and cannot be used by people who are not knowledgeable in specific equipment and functions, —Additionally, requests by affected areas should be the baser tine, not assumptions by middle mom trying to screen 50-100 resource lists. ..,Delete "thls agreement" in lost santenoe, Original intent was "exchange of Information and development of plans and procedures to implement during emergencies". Plans and procedures to implement "this agreement" are contained in the document Itself. S. Section 1 - Definitions, A. "Agreement" a, does not agree with title of document, eg, "Statewide Mutual Aid Agreement for Emergency Response/Recovery" vs "Statewide Mutual Aid Agreemant for Catastrophic Disaster Responso and Recovery", b. Second sentence restricts participation to "Political Subdivisions", y. Agencies should be considered and Political Subdivision definition should be provided, a, Why are original signature copies required for a compact? Why are any documents required at DEM unless this agraanfint is with DEM? Why are originals not kept on file by signators? 9 6 12 Y � + OCT 26 ' 94 11 ! 7 HM 11 D EMERGErii..Y MGMiYT 1 •4 7. Requesting Party (Section 1 - Definitions, B.) a. How can a government entity request aid if activation of the agreement can only be executed by an "Authorized Representative"? b. What does "municipality must coordinate" mean? Should read "municipality must request state or federal assistance from Its county" S. Section 1 - Definitions, C. "Assisting Party" Reference is made to "services and/or manpower". Services are not addressed anywhere else in the agreement. Are staging, finance, and services such as that meant? Should "services" be included in the first part of the document? 9. Section 1 - lDefinidans, D. "Authorized Representatvva ll Should this area Include County BCC, Manager or other officials normally authorized to commit resources? (Assuming "Authorized Representative" is an additi2pgj category exclusive to this agreement) 10, Section 1 - Definitions ... No definition for "Catastrophic Disaster". 11. Sacgon 1 - Definitions, 0. "Disester" 12. Section 2 - Procedures... Last sentence a, i?ar states that "requasts for assistance under this agreement shall ire limited to oatastrophio disasters". This does not agrao with State of Florida nor Federal Plans definitions for use of Federal Assistance. There is no definition for "limited catastrophic disaster" nor "catastrophic disaster" in Section 1 - Definitiona, b. An agreement under 252.40 or 163.01 should not restrict a mutual aid, 13. Section 2 - procedures, A. "Request directly to'Assisting Party"...Last sentence T "Reimbursement is to be authorized by Ryle," is too vague and Infers a "by case" application. At the very least, the Division should be required to reimburse mutual aid authorized expenses not covered by Federal Assistance through a, An established percentage of the Emergency Management Preparedness and Assistance Trust Fund to be set asids accumulated for "Declared Emergency Expenses not authorized through Federal Assistance but authorized under Federal Guidelines." Examples would be the 25% not normally paid under Federal reimbursement and mutual aid expenses incurred during non -Federally declared emergencies. — 12 OCT c6 ' T4 1 j :. rfgl'1 PI 0 c, lc.r:111-1 , 1 11, ,, ,, b. Who pays when the Division incurs expenses without the affected county requesting assistance? The cost of unsolicited eid should riot be borne by the County experiencing the emergency, If the Division, a County, or a Municipality makes a unilateral decision to expend funds without being requested, then the jurisdiction making that decision should be liable for expenses incurred, not the jurisdiction experiencing the emergency. Additionally, unsolicited aid should be specifically excluded from consideration for reimbursement by the E,M.P.&A. Trust Fund, 14. Section 2 - Procadum, S. "Request routed through or originating from the Division" Entire paragraph, summed up by the last sentenee...in all rases, the party receiving the mutual aid shall be primarily responsible for costs Incurred, etc. This paragraph gives the Division carte blanche at the expense of Counties. Aid not solicited or approved by the County(ies) experienc;Ing the emergency must be excluded from affected County and E.M.P,&A. Trust Fund obligations. IS, Section 2 - Procedures, C. "Required information Delete item M. This sentenceInfers that assistance will only be provided for e narrow range of Public Assistance, when, in fact more assistance will rMore likely be needed In Public and Private Assistance functional areas other than the Public Infrastructure Systems, eg. food, sheltering, debris removal, damage assessment, public health, etc, Item C.,,The form addressed as "Exhibit E" Is not titled. Ia. Section 2 - Procedures, 0.4antence 2 All participating governments render assistance to the extent that personnel, egUipment, and resources are avaiiable,..This statement is too broad and dictatorial:., Change to read: When contracted by a Requesting Party, the Authorized Representative of a participating government shall assess Its governments situation to determine whether it is caspable of providing assistance. No participating government shall be under any obligation to provide assistance to a Requesting Party. If the Authorized Representative of the potential Assisting Party determines that the potential Assisting Party is capable of and willing to provide assistance, the Authorized Representative of the potential Assisting Party shall so notify the Requesting party and provide the Requesting Party with the following information: (include name, phone#, radio freq, eto,) .. R 17. Section 2 - proceduresi, E. "Supervision and Control" Delete "the Division" from tasking or mission assignment to the Assisting Parties. All Operational tasking is assigned by the Requesting Party, if the "[Division" wants to assign~ tasking and missions, it should be under 262FS, not this agreement, or "the Division" makes the formal request for mutual aid for "tho Divlalon" rather than the affected jurisdiction, 16. Section 2 - Procedures" 1. "'Written Acknowledgement" a. The Information addressed in this paragraph would apply to two separate documents. 1) Confirmation letter from Requesting Party to Assisting party (Attach 2 of orig Agreement by D.C.) 2) Reply letter from Assisting Party to Requesting Party b. Nothing is identified as Atteahmeht C c. Last sentence should read 'The 6"Isting Party shall rdspond etc,, NOT "the Requesting Party"" 19. Section 3 - Reimbursable Expenses, A. "Personnel"... Line 3. Add "Including any emergency provisions that waiuld be applicable when the Assisting Party or Receiving Party had declared a State of Emergency," 20, Section 3. Reimbursablo Expenses, E. "Payment" a. thongs "with an Itemized Notice" to "with an Itemized notice or request for payment" b, 'Change 60 day limitation...improotleal Section 3 - Reimbursable Expenses, D. "Record Kaeping" Change "format used or required by FEMA Publications, including 440FR part 13 and applicable MOB Circulars" to read "forms that are not in conflict with State and Federal Accepted Procedures." Section 3 - Reimburseble Expensest F. "Payment by or through the 011vislon" ` Some concerti as Section 2 A, This fund is not a fund to supplant State expenses, `fhe Divlsloh should not have control of these monies, Allocation should be by Rule or Statute, not this Agreement. Section g - Role of CEM No mention hire of DEM being a participant nor having authority to direct aid, Y , Why rnuttiplWsignatorles... unwieldy I:,. z I,, ! z , m PM nor, 96- 12 p CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUN TO : Honora le Mayor and Members DATE : JAN _ 9 1996 FILE oft ty Comission SUBJECT : Resolution approving Ako_� Statewide Mutual Aid Agreement FROM : Cesar H. Odlo REFERENCES: City Manager ENCLOSURES: It is recommended that the attached resolution be passed permitting the City of Miami's participation in the State of Florida's Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. BACKGROUND The State has requested that the City of Miami, along with all other municipalities and counties in the state participate in this agreement. 'Participation in this agreement is required to be eligible for funds in Chapter 19 of the State of Florida's Emergency Management Preparedness and Assistance Trust Fund. This trust fund has two chapters; Chapter 19, which is restricted to municipalities and is limited to $50,000 and Chapter 18 which is competitively opened to counties, cities and private -non -profits (PNP) and has no limit other than the limit of funds available. The agreement was submitted to City Attorney A. Quinn Jones, III and his only comments surrounded the issue of liability and worker's compensation. The agreement stipulates that each jurisdiction is responsible for their own employees' liability and workers compensation. Previously the policy was that a jurisdiction that requested assistance was responsible for the liability and worker's compensation of all the workers that came to their aid. Participation in this agreement will allow the City of Miami to compete for grant funds that will be used to modify the Fire Training Center to accommodate an Emergency Operations Center (EOC). Overall I feel that the agreement is not detrimental to the City of Miami and does not expose the City to liability. The City does not relinquish control over its resources at any time and can always refuse to send them or even recall them if there is any situation that is not agreeable to the City. I feel that the City should participate in the agreement and therefore make themselves eligible for funds under Chapter 19 of the Emergency Management Preparedness and Assistance Trust Fund. mutuala.doc I 1 1 96- 12 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : Cesar H. Odio DATE : December 27,1995 FILE City Manager SUBJECT : Statewide Mutual Aid Agreement FROM : Os . Gimenez, Fire Chief REFERENCES i ector, Department of Fire -Rescue ENCLOSURES: Attached please find a copy of the State of Florida's Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. The State has requested that the City of Miami, along with all other municipalities and counties in the state participate in this agreement. Participation in this agreement is required to be eligible for funds in Chapter 19 of the State of Florida's Emergency Management Preparedness and Assistance Trust Fund. This trust fund has two chapters; Chapter 19, which is restricted to municipalities and is limited to $50,000 and Chapter 18 which is competitively opened to counties, cities and private -non -profits (PNP) and has no limit other than the limit of funds available. Metropolitan Dade County has decided NOT to participate in this Statewide Mutual Aid Agreement. I have attached a copy of their objections and comments by the Office of the County Attorney. Dade County, not being a municipality and not eligible for funds under Chapter 19 does not suffer any financial retribution for not participating. If the City of Miami chooses not to participate we will not be eligible for funding under Chapter 19. We may still compete under Chapter 18. If we do decide to sign onto the Agreement then we can compete under both Chapters. The agreement was submitted to City Attorney A. Quinn Jones, III and his only comments surrounded the issue of liability and worker's compensation. The agreement stipulates that each jurisdiction is responsible for their own employees' liability and workers compensation. Previously the policy was that a jurisdiction that requested assistance was responsible for the liability and worker's compensation of all the workers that came to their aid. This new policy is beneficial to the City of Miami in several ways. First, the City of Miami has control over the training of their employees and we can control their actions through policies and procedures. We really have no idea of the policies and procedures of incoming assistance agencies. Secondly, history has shown that the South Florida area has a much greater probability, than other areas of the state, to receive a hurricane strike. i t I mutualb.doc 1 3 96- As per the National Weather Service Office, there is a direct correlation between the amount of rainfall in the month of May and the probability of hurricane force winds affecting South Florida. This year's rainfall was approximately 2 inches, compared to the normal May rainfall of 5 inches. The National Weather Service indicates that this translates to a probability of a 2 in 5 chance of South Florida receiving a hurricane. The normal probability is a 1 in 5 chance. With this in mind it is obvious that there would be many more occasions for the City of Miami to need assistance than to provide aid to other parts of the state. I have also included some other comments about different aspects of the agreement and the methods that the City of Miami can avoid sending assistance if it is not able to do so. The agreement requires ratification by the City Commission for approval. It has been placed on the agenda for the July meeting, subject to your approval. Participation in this agreement will allow the City of Miami to compete for grant funds that will be used to modify. the Fire Training Center to accommodate an Emergency Operations Center (EOC). Comments: 1. "When contacted by a Requesting Party or the Division the authorized representatives of any participating government agree to assess their government's situation to determine available personnel, equipment and other resources. All participating governments shall render assistance to the extent personnel, equipment and resources are available. " (page 9, D) If the City of Miami is asked for assistance, we only need to respond if the items being requested are available. 2. "The personnel, equipment and resources of any Assisting Party shall remain under operational control of the Requesting Party for the area in which they are serving. " (page 10, E) Each responding agency will NOT establish their own Incident Command. They will work under the Incident Commander established by the local authority. 3. `Direct supervision and control of said personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. Representatives of the Requesting Party shall provide work tasks to the supervisory personnel of the Assisting Party. " (page 10, E) Each Assisting Party will maintain control over their personnel and equipment. They will be tasks by the IC and it will be their responsibility to carry them out in their own way. 4 2 s i• 4. "The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. (24 hour notice) (page 11, E) The Assisting Party can pull their resources at any time. 5. "...the requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party.... Requesting Party may specify only self- sufficient personnel and resources in its request for assistance. " (page 11-12, F) The Requesting Party should provide food and housing for Assisting Party unless they specify otherwise. No restrictions on making this specification. 6. "....Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses incurred .... including ... pensions and benefits... terms of the Florida Worker's Compensation Act. " (page 13, A) The Requesting Party pays for all payroll costs including benefits. 7. "...Assisting Party shall bill the Requesting Party ....not later than sixty (60) days following the period of assistance. The Requesting Party shall pay the bill ... not later than sixty (60) days following the billing date. These timeframes may be modified by mutual agreement. (page 16, E) Timeframes are NOT etched in stone, can be modified. 8. "...each Party to this agreement shall be responsible for any and all claims" (page 19, Section 5, LIABELITY) Requesting Party is not liable for actions of Assisting Party. (subject to opinion of City Attorney). Overall I feel that the agreement is not detrimental to the City of Miami and does not expose the City to liability. The City does not relinquish control over it's resources at any time and can always refuse to send them or even recall them if there is any situation that is not agreeable to the City. I feel that the City should participate in the agreement and therefore make themselves eligible for funds under Chapter 19 of the Emergency Management Preparedness and Assistance Trust Fund 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Carlos Gimenez DATE : June 12, 1995 FILE Director - Fire, Rescue Department SUBJECT : Statewide Mutual Aid Agreement FROM : `�( REFERENCES: A. Q Jo ,III G`i}�� Atto ENCLOSURES We have reviewed the above -referenced document and conclude that it is legally sufficient. You should note, however, that the agreement provides that each participating party will bear its own liability and workers' compensation exposure in those instances where aid is requested and provided. I remember the City Commission expressing similar concerns when the issue relating to the "special recovery" team being requested to participate in other jurisdictions. Please contact me should you have any questions. cc: Lt. Edward Pidermann Public Information Officer Emergency Management coordinator Fire -Rescue Department c 7 96- 12