HomeMy WebLinkAboutItem VI (B) Resolution No. 94-28, State Wide Mutual Aid Agreement for Catastrophic Diaster Response and Recovery } AGENDA 10-18-94
0 COEE FIRE DEPARTMENT
Item VI B
1 125 N. BLU FORD AVENUE - OCOEE, FLORIDA 34761-2/216
I f
RoniStrosnider j Business 656-7796
Fire Chief EMERGENCY 911
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Chief Strosnider 0.t/
DATE: October 11, 1994
RE: State Wide Mutual Agreement
In the aftermath of Hurricane Andrew, and the storm of 1993, it was apparent
that the State of Florida needed a State Wide Mutual Aid Agreement.
This agreement provides, through the County's Emergency Management
Office, the support and supplies that might be needed in the time of a disaster.
Although the Agreement is fairly standard, one of the items that has caused
some serious controversy is the provision of Workers' Compensation. The Agreement
provides that the requesting party will be responsible for any work related issues
which might occur while in our responsibility, and the reverse would be true if we
were to request assistance.
On August 10, 1994, David Barker, Assistant City Attorney, and myself
attended a meeting held by the General Council of the Florida Department of
Community Affairs, along with representatives of the various other municipalities
and Orange County.
The feeling from everyone was that the Agreement was good, but the workers'
compensation issue would need to be changed.
We have since received a memorandum from the State Emergency Management
Director, stating that a state wide survey by the Florida Association of Counties
regarding this issue was in progress. It is apparent everyone agrees this change
is necessary, and affirms that a change is forthcoming.
The one problem we face by not signing the Agreement, is that the State would
be able to hold any funds that we apply for if a disaster should befall us.
I would like to reiterate again that by signing this Agreement we would become
responsible for any workers' compensation claim that might occur if we should
require mutual aid from any area outside the local emergency management area.
This does not preclude any Local Joint Response or Mutual Aid Agreement that
we have in place locally. If the disaster is large enough it may warrant state wide
involvement. Ott
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October 11, 1994
I feel that it would be in the best interest of the City of Ocoee to approve and
sign the State Wide Mutual Aid Agreement. I feel that a change is forthcoming in the
near future to modify the provision of the workers' compensation issue.
cf: Peggy Psaledakis
Attachments
RESOLUTION NO. 94- 2
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
APPROVING THE "STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER
RESPONSE AND RECOVERY"; AUTHORIZING THE CITY
OF OCOEE TO ENTER INTO SUCH AGREEMENT
WHICH, AMONG OTHER THINGS, EMPOWERS THE
STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT, TO COORDINATE THE STATE AND ITS
POLITICAL SUBDIVISIONS TO PROVIDE EMERGENCY
ASSISTANCE TO EACH OTHER IN THE EVENT OF A
STATE OF EMERGENCY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Ocoee, Florida is geographically vulnerable to
hurricanes, tornados, freshwater flooding, sinkhole 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 City of Ocoee, Florida may need emergency assistance from the
State of Florida and its other political subdivisions in the event of a natural disaster and a state
of emergency; and
WHEREAS, the State Emergency Act, Chapter 252, Florida Statues, authorizes
the States of Florida 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, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMIVIISSION
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 Statewide Mutual Aid Agreement for Catastrophic
Disaster Response and Recovery. The City Commission of the City of Ocoee hereby
authorizes and enters into that certain agreement known as the Statewide Mutual Aid Agreement
for Catastrophic Disaster Response and Recovery, 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 the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery 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 for Catastrophic Disaster Response and Recovery.
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 , 1994.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY
THE CITY OF OCOEE, FLORIDA OF OCOEE COMMISSION AT
APPROVED AS TO FORM AND LEGALITY A MEETING HELD ON
this day of , 1994. , 1994 UNDER
AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
C:\WP51\DOCSOCOEE\AIDAGRMT.RSL j727/94118W015 I DPB:dp
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April 27, 1994
STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
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
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
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 body 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
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April 27. 1994161
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
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
April 27, 1994
164,
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
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April 27. 199E L_
insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
B. "REQUESTING 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 REPRESENTATIVE" - 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. "EMERGENCY" - 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.
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April 27. 1994 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. "PARTICIPATING 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" - 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.
J. "WORK OR WORK-RELATED PERIOD" - any period of time in
which either the personnel or equipment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for which the Requesting Party will reimburse the Assisting
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April 27. 1994164,
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
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April 27. 1994
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 not 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
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April 27, 1994 ``►
11.
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;
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April 27, 1994
161,
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
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 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. 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
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April 27, 1994
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
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April 27. 1944
1611.
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
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April 27, 1994
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. COMMUNICATIONS: 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 Requesting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to the
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April 27, 1994
Requesting Party by the quickest practical means, maintaining a
copy for its files.
SECTION 3 . REIMBURSABLE EXPENSES
. The terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in accordance with paragraph 2 . I. 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
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April 27. 1994
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
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April 27. 1994
134
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
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April 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
2 .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
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April 27. 1994
1
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
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1614
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, and
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
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164,
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 . TERM
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.
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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
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
20
April 27. 1994
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
April 27, 1994
IN WITNESS WHEREOF, the parties set forth below have duly
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 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
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
Director
22
April 27, 1994
MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date: 10-12-94
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, Ocoee, FL 34761-2216
Day Phone: 656-7796 Night Phone: 299-4016
FAX No. : 656-1222
1st Alternate Representative
Name: Tony Wilson
Title: Police Chief
Address: 175 N. Bluford Ave, Ocoee, FL 34761
Day Phone: 656-1518 Night Phone: 299-8880
2nd Alternate Representative
Name: Ellis Shapiro
Title: City Manager
Address: 150 N. Lakeshore Drive, Ocoee, FL 34761
Day Phone: 656-2322 Night Phone: 656-7792
23
CITY OF OCOEE SIGNATURE PAGE
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1994
this day of , 1994. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
C:\WPSI\DOCS\FADMIN\0030F 1726/9411850091 DPB:Ia1(2)
April 27. 1994
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
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:
24
April 27. 1994
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
services:
25
April 27. 1994
REQUIRED INFORMATION (continued)
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
26
April 27. 1994
164,
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:
27
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POA ii Brown. Inc. - ; CORMS NO IM IMI UPON THE CERT1rICATII HOLDER.THIS CERTIRCATE
= Dots NOT AMEND,EXTEND OR ALTER THE coVERAaC AFFORDED EY THE
2600 Lake Lucien Dr. Suite 100 tramps mow.
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INDICATED.NOVM1IT ISTA DIND ANY REDUmeweNT. TERM OR COMMON OR ANY CCARRACT OR OTHER DOCUMENT W1M RESPECT TO WHICH THIS
oERTU1 ATE MAY BE WAD OR MAY PERTAIN.THE INSURANCE AFFORDED BT THE POUaES DESCRIBED HEWN la SUBJECT TO ALL THE TEAMS.
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1611...._.___61...._1«1.........O -• ..._ -...._._....._. -- Agreement, Dept. ty
ft
Re: Statewide Mutual Aid of Community Affairs.
:." sNDLlla ANY OF THE ABOVE=crow PoLICIes 9E CANCELED BEFORE THE
,
• EGVINDON DATE THEREOF.THE ISSUING COMPANY WILL ENCFAVOR TI)
4 MAa. 0 DAYS NtRITTE+NOI1Cf TO THE CERTIRC.ATE HOLDER NAMED TO THE
DivisOioi. of Emergency, state of FL ':, LEFT. BUT FAILURE TO MM.SUCH NOT1CL SMALL P POSE No oeue,A11oN OR
Dept. of Community Affairs unBR.nY OF ANY MO UPON THE COMPANY. rTs AG81Ts on RE9•RESB'lTATTVFs.
2740 Ceaterview Drive tc'Ao:MON=Ammer ,•'
Tallahassee FL 32399-2100 ij, `
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