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HomeMy WebLinkAboutResolution 94-33 RESOLUTION NO. 94-33 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, APPROVING "MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT"; AUTHORIZING THE CITY OF OCOEE TO ENTER INTO SUCH MODIFICATION WHICH, AMONG OTHER THINGS, REVISES AND CLARIFIES CERTAIN DEFINITIONS, REVISES THE PROCEDURE FOR REQUESTING SERVICE, MODIFIES THE TERM OF THE AGREEMENT, REVISES THE PROVISION RELATING TO EXPENSES TO PROVIDE THAT ALL WORKERS COMPENSATION BENEFITS FOR EMPLOYEES OF THE ASSISTING PARTY BE PAID BY SUCH ASSISTING PARTY AND REVISES THE EXHmITS TO THE AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery is a mutual aid agreement for the State of Florida and its political subdivisions to provide reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, the City of Ocoee executed the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery on October 18, 1994, pursuant to Resolution No. 94-28; and WHEREAS, the City of Ocoee and the State of Florida desire to amend the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery as more fully set forth in the Modification #1 to Statewide Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Chapter 252, Florida Statutes, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Adoption of Modification #1 to Statewide Mutual Aid Aereement. The City Commission of the City of Ocoee hereby authorizes and enters into that certain MODIFICATION #1 TO THE STATEWIDE MUTUAL AID AGREEMENT, a copy of which is attached hereto as Exhibit "A" and made a part hereof by this reference. SECTION 3. Execution. The Mayor and the City Clerk are hereby authorized to execute Modification #1 to the Statewide Mutual Aid Agreement on behalf of the City of Ocoee and all officers of the City of Ocoee shall execute such duties as may be required to insure the full implementation of the Statewide Mutual Aid Agreement, as modified by Modification #1 thereto. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. 2 PASSED AND ADOPTED this ,~ day of b~~IU.~ , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ?S~~~':Zf:1.l<~;ff (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPR9VED AS rw FORM AND LEGALITY this --.t2... day of ~. , 1994. FOLEY~ LARDNER By: -IaJ Z ~ City Attorney APPROVED BY THE CITY OF OCOEE COMMISSION AT A MEETING HELD ON .ocUMI36R. (" ,1994 UNDER AGENDA ITEM NO. V' B C:\WP51 IDOCSlOCOEEIAlDAGRMT.RSL 1ll12319411SWOJ51 DPB:dp 3 October 21, 1994 personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit tlB," or by any other available means. The Division may revise the format of Exhibit tlB" subsequent to the execution of this agreement, in which case it shall distribute copies to all Partici- pating Governments. 9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL- EDGEMENT, is revised to read: I. WRITTEN ACKNOWLEDGEMENT- The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- tion transmitted in the request, and shall transmit it by the quickest practical means to the Requesting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Exhibit C. The Requesting Party/Division shall respond to the written acknowledgement by executing and return- ing a copy to the Assisting Party by the ~~ickest practical means, maintaining a copy for its files. 10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON- NEL, is revised to read: A. PERSONNEL - During the period of assistance, 4 EXHIBIT A October 21, 1994 MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT WHEREAS, the undersigned-e&uft~Y7Municipality (strike one), along with the Department of Community Affairs, Division of Eme~gency Management (DEM) and various other counties and munici- palities in the State of Florida, has entered into the Statewide Mutual Aid Agreement for Catastrophic Response and Recovery (the Agreement); and WHEREAS, the parties to the Agreement are desirous of amending the Agreement, to revise provisions regarding the handling of workers' compensation claims and to clarify and correct certain other terms and conditions; NOW, THEREFORE, the undersigned signatories agree: 1. The title of the Agreement is revised to read: "State- wide Mutual Aid Agreement." 2. The introductory paragraph is revised to read: "THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI- PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON- TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:". 3. The first sentence of SECTION 1. DEFINITIONS, paragraph A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid Agreement." The remainder of that paragraph is unchanged. 4 . SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED REPRESENTATIVE" is revised to read: "An employee of a participat- 1 October 21, 1994 ing 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 hereto as 'Exhibit A,' and shall be updated as needed by each participating government." 5. SECTION 1. DEFINITIONS, paragraph H. "PARTICIPATING GOVERNMENT" is revised to read: "The State of Florida, any county which executes this Agreement and supplies a complete, executed copy to the Division, and any municipality which executes this Agreement and supplies a complete, executed copy to the Divi- sion." 6. A new paragraph K. is added to SECTION 1. DEFINITIONS, , to read as follows: "K. 'MAJOR DISASTER'- a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.tI 7. The initial, unnumbered, paragraph of SECTION 2. PROCEDURES, is revised to read: When a Participating Government either becomes affected by, or is under imminent threat of, a major 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 ass is- 2 October 21, 1994 tance to the Assisting Party or to the Division, fol- lowed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by any Participating Government unless resources available within the stricken area are deemed inadequate by that Participating Government. Municipalities shall coordi- nate requests for state or federal assistance with their County Emergency Management Agencies. All re- quests 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 major disasters, except where the Participating Government has no other mutual aid agreement for the provision of assistance related to emergencies or disasters, in which case a Participating Government may request assistance related to any disaster or emergency, pursuant to the provi- sions of this Agreement. 8. SECTION 2. PROCEDURES, paragraph C. REQUIRED INFORMA- TION, subparagraph, 6 is revised to read: 6. An estimated time and a specific place for a . representative of the Requesting Party to meet the 3 October 21, 1994 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 copies to all Partici- pating Governments. 9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL- EDGEMENT, is revised to read: I. WRITTEN ACKNOWLEDGEMENT- The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- tion transmitted in the request, and shall transmit it by the quickest practical means to the Requesting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Exhibit C. The Requesting Party/Division shall respond to the written acknowledgement by executing and return- ing a copy to the Assisting Party by the quickest practical means, maintaining a copy for its files. 10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON- NEL, is revised to read: A. PERSONNEL - During the period of assistance, 4 October 21, 1994 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 (including travel expenses) incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principle~ (GAAP). However, the Requesting Party shall not be responsible for reimbursing any amounts paid or due as benefits 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. Both the Requesting Party and the Assisting Party shall be responsible for payment of such benefits only to their own employees. 11. SECTION 7. TERM, is revised to read: This Agreement shall be in effect for one (1) year from the date hereof and shall be renewed in successive one (1) year terms unless terminated upon sixty (60) days advance written notice by the Participating Gov- ernment. Noti.ce of such termination' shall be made in writing and shall be served personally or by registered 5 mail upon the Director, Division of Emergency Manage- ment, Florida Department of Community Affairs, Talla- hassee, Florida, which shall provide copies to all other Participating Governments. Notice of termination shall not relieve the withdrawing Participating Govern- ment from obligations incurred hereunder prior to the effective date of the withdrawal and shall not be effective until sixty (60) days after notice thereof has been sent by the Director, Division of Emergency Management, Department of Community Affairs to all other Participating Governments. 12. SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS, is revised to read: 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 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 163.01, Florida stat- utes, those parties agree that said agreements are 6 superseded by this agreement only for emergency manage- ment assistance and activities performed in major disasters, 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. 13. The document attached to the Agreement and formerly labeled "APPENDIX A," is revised to be titled "EXHIBIT A" as indicated in the attached EXHIBIT A. The document attached to the Agreement entitled "REQUIRED INFORMATION" is revised to be titled "EXHIBIT Bit as indicated in the attached "EXHIBIT B." The document attached to the Agreement and entitled "ACKNOWLEDGKENT" is revised to be titled "EXHIBIT C" as indicated in the attached "EXHIBIT C." 14. This Modification shall become effective only as between those counties and municipalities, and the state of Florida, when they have actually executed a copy of the MODIFICA- TION #1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical terms, and when that copy has been executed by the state of Florida, Division of Emergency Management. 7 IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF OF FLORIDA (County) By: By: Chairman Deputy Clerk APPROVED AS TO FORM: Office of the County Attorney By: ATTEST: CITY CLER.K :~:J0:(~~~ CITY OF OCOEE FLORIDA , S ,! By: ~. sco::rvlt:;;ftrP Title Mavor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT BY:~~t~'~ Title Q. ~ APPROVED AS TO FORM(tIlJD ~6IfU It. Office of city ~t~o~~A :~7E~&~ t~ I~~ t 8 CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Clerk ~:2 S;,arVdU<I~ S. Scott Vandergri Mayor ( SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO F~I~E~ALITY this ~ day of ~, 1994. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON . be-a-l'Y\ ~ L. , 199.. UNDER AGENDA ITEM NO. (/1 f?:> ::~E]/Jt; ~ City Attorney C:\W"f'jllOOCS\F ADMIN'al3OF i 7~i 18Sl1091 DPB:I&lr.:l STATEWIDE KUTUAL AID AGREEHENT EXHIBIT A Date: 11-29-94 Name of Government: City of Ocoee Mailing Address: 150 N Lakeshore City, state, Zip: Ocoee, FL 34761 Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Ron Strosnider Title: Fire Chief Address: 125 N. Bluford Ave. Day Phone: 656-7796 FAX No.: 656-1222 1st Alternate Representative Ocoee, FL 34761-2216 Night Phone: 656-7796 Name: Robert Mark Title: Police Chief Address: 175 N. Bluford Ave. Ocoee, FL 34761 Day Phone: 656-1518 2nd Alternate Representative Name: Ellis Shapiro 'I'itle:_r:ity Manager Address: 150 N. Lakeshore Drive, Ocoee, FL 34761 Day Phone: 656-2322 Night Phone: 656-7792 Night Phone: 656-1518 9 EXHIBIT B STATEWIDE MUTUAL AID AGREEMENT REQUIRED INFORMATION Each request for assistance shall be accompanied by the following information, to the extent known: 1. 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 engi- neering, building, inspection, planning and information assis- tance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 10 REQUIRED INFORMATION (continued) 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: 5. The need for sites, structures or buildings outside the Requesting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and servic- es: 11 REQUIRED INFORMATION (continued) 6. An estimated time and specific place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. 12 EXHIBIT C STATEWIDE MUTUAL AID AGREEMENT ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY: AUTHORIZED REPRESENTATIVE: CONTACT NUMBER/PROCEDURES: 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: 3. Time Limitations, if any: 13