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HomeMy WebLinkAboutR-1993-096 is I RESOLUTION NO. 96-93 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE PROVISIONS OF THE STATE EMERGENCY MANAGEMENT ACT AS SET FORTH IN CHAPTER 252 OF THE FLORIDA STATUTES; APPROVING j THE FORM OF MUTUAL AID AGREEMENT FOR CATASTROPHIC EMERGENCY RESPONSE/RECOVERY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That Chapter 252, Florida Statutes, known and referred to as the "State Emergency Management Act", be and the same is hereby adopted by the City of Dania. Section 2. That the form of Mutual Aid Agreement for Catastrophic Emergency Response/Rescue, a copy of which is attached hereto as Exhibit "A", is hereby approved i for use by the appropriate city departments. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 22nd day of June 1993. ATTEST: MAYOR - COMMISSIONER v /,cam -�c���c `1 CITY C Ef2K - AUDITOR E " APPROVED AS TO FORM AND CORRECTNESS: I By: . i •l l'.« Frank C. Adler, City Attorney RESOLUTION NO . 96-93 ,I � 777 REFILM REFILM ... ° . ,.. �Ta.w ° - * �-- ;,q;� •�''tr+;.:r ::.n.:vr:;:�7.,i."way'•c8 ;9dCPir:&c'A,waa.F+.._v. ' t f F M• Y i I Y £� 3 px �I i t ,.yl t� f ial 1 ' I' I' M -q:� c..^.[M1 ::���k����.l_ rir4. •., i'C^, w ... �'' _ +...v^<T.r ws.�•^.�t�.+*4^.�.. - u ... F, . .. • � .K .mil RESOLUTION NO. 96-93 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ADOPTING THE PROVISIONS OF THE STATE EMERGENCY MANAGEMENT ACT AS SET FORTH IN CHAPTER 252 OF THE FLORIDA STATUTES; APPROVING THE FORM OF MUTUAL AID AGREEMENT FOR CATASTROPHIC EMERGENCY RESPONSE/RECOVERY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That Chapter 252, Florida Statutes, known and referred to as the "State Emergency Management Act", be and the same is hereby adopted by the City of -^ Dania. ; A Section 2. That the form of Mutual Aid Agreement for Catastrophic Emergency Response/Rescue, a copy of which is attached hereto as Exhibit "A", is hereby approved for use by the appropriate city departments. , Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 22nd day of June , 1993. ATTEST: MAYOR - COMMISSIONER CITY C ERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: Frank C. Adler, City Attorney RESOLUTION NO. 96-93 .. `.-., i i MUTUAL AID AGREEMENT FOR CATASTROPHIC EMERGENCY RESPONSE/RECOVERY WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes political subdivisions of the state to develop and enter into mutual aid agreements for 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 j i concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendering outside aid; and WHEREAS, the State of Florida is geographically vulnerable to 1 hurricanes , tornadoes, freshwater flooding, i 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 ' governmentally owned facilities; and WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may damage and restore vital services to the citizens be needed to mitigate further of the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, j each Party intends to foster communications between the personnel information and of the other Parties by visits, exchange of development of plans and procedures to implement during emergencies; NOW, THEREFORE, in consideration of the theegoingeand the mutual covenants and promises contained herein, eto agree as follows : SECTION 1. DEFINITIONS A. "AGREEMENT" - the Mutual Aid Agreement for Catastrophic Emergency Response/Recovery. Copies of the agreement with original signatures and copies of authorizing resolutions and insurance letters shall be filed and maintained at the Division of Emergency Management, Florida Department of Community Affairs, Florida. B. "REQUESTING PARTY" - the political subdivision requesting aid in the event of an emergency. C. "ASSISTING PARTY" - the political subdivision furnishing equipment and/or manpower to the Requesting Party. EXHIBIT "A" an employee of a participating I. -AUTHORIZED REPRESENTATIVE^ government to request, offer, or D. y that g government authorized b reement. The list of (political subdivision name) is provide assistance under the terms of this Ag authorized representatives for the (p attached to this Agreement as Appendix A- t threat thereof, whether I -EMERGENCY" - any occurrence, peace, which E. or caused by man, in war or in P Ito the accidental, natural, results or may result in substantial injury or property* population or substantial damage to or loss of public p P o F. ^PARTICIPATING GOVERNMENT' - any political subdivision of the State of Florida which executes this mutual aid agreement. the period of time beginning with the person of the Assisting Party from any point G. "PERIOD OF ASSISTANCE" P estin Party in order to departure of any p personnel and for the purpose of traveling to on the return of all p provide assistance and ending P after providing the assistance equipment of the Assisting Party, lace of work, whichever requested, to their residence or regular p occurs first. The period of SParty ortance hthe return ntrip from portion of the trip to the Requesting te personnel of the Assisting the Requesting Party during whichParty are engaged in a course of conduct not questinglParty. asary for their safe arrival at or return from the Requesting any period of time H. -WORK OR WORK-RELATED PERIOD'of the Assisting Party are being - which either the personnel or equipment the Requesting Party to Provide assistance and forPartY used by Part will reimburse the Assisting the Requesting y period of time are rest breaks Specifically included within such P Part will return to active when the personnel of the time. St ecifically excluded from such work within a reasonable t lunchS,Pand dinner breaks. i period of time are breakfast, SECTION 2 . PROC�S affected by an When a participating government becomes it shall invoke emergency related mutual aid as dures emergency, The following P another by declaring a state of local emergency. shall then be followed to request mutual aid from participating government. � the authorized A. The Requesting Party shall contact overnments and representative ue one or more of the participating g provide them with the following information. 1• A general description of the damage sustained; a(„s .. j j Jc _2_ t m 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 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 jneeded; 3 . The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; 4 . The need for sites , structures or buildings within the Assisting Party's political subdivision to serve as relief centers or staging areas for incoming emergency goods and services; and 5 . A specific time and place for a representative of the Requesting Party to meet the personnel and equipment of the Assisting Party. B. When contacted by a Requesting Party, the authorized representative of a participating government shall assess his government's situation to determine whether it is capable of providing assistance. No participating government shall be under any obligation to provide assistance to a Requesting Party. If the 'I authorized representative determines that his Participating Government is capable of and willing to provide assistance, he shall so notify the authorized representative of the Requesting Party and provide him with the following information. L 1 . A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2 . The length of time the personnel, equipment, and 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 4 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. ` t sr x _3_ i. Y _ - 2 •. 1 117 Y. � z N y 1 1 ll C. The personnel and underlthent of direct Supervision the 1andPacontrolaof remain, at all times, the designated supervisory personnel of the Assisting Party. Representatives of the Requesting tasks to Party shall submit Thekdesignated the supervisory personnel of the As Party. the supervisory personnel of the Assisting Party shall work and exclusive responsibility and authoritorsonnel for ppofnth9 Assisting Iestablishingwork schedules for tersonnel of the Assisting Party Party. The designated supervisory p maintain daly per sshall be responsiblemforrthe operation ateial records nand k g i ment furnished by the Assisting Party; and maintenance of the shall report work progress to the Requesting Party. D. Unless specifically instructed otherwise, the Requesting Party food shall ofethesAssistingonsibiltPartyy of Pfromdthe time ofdtheiriarrival for tat P the designated location to the time of their departure. E. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for providing communications between the personnel of the Assisting Party and the Requesting Party. g, Whenever the employees of the Assisting employeessshall ehave outside aid pursuant to this Agreement, privileges, and immunities, and shall the powers, duties, rights, 1. receive the compensation, incidental to their employment. The Request Party shall complete a written agreement G. T 4forth the terms regarding the assistance to be rendered, thettAssisting Party, and agreed upon in the telephone requ shall transmit it by the quickest practical means to the Assisting Party for appr oval. The form to serve as this written agreement is he attached as Appendix B. The Assisting Party shall acknowletgoe the � written agreement by executing and returning a COPnPY taining a Requesting Party by the quickest practical means, copy for its files . {, SECTION 3. REIMBURSABLE EXPENSES [ The terms, and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the involved Parties and specified in the written agreement executed in r accordance with paragraph 2 .G. of this Agreement. 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 f Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses incuremdloueengensio the nsrand of assistance, including, but not limited to, employee P benefits as provided by Generally Accepted Accounting Principles -4- k: v. amounts paid or Party shall reimburse any i ( ') The Requesting of the Assisting Party under the compensation Act due to personal due for compensation to employeesees are engaged in terms of. the Florida Worker while such employ services to injury or death occurring Agreement . While providing aid under this Party shall be rendering Party, employees of the Assisting the Requesting Requesting Party and shall be borrow servants' of the with the Requesting nd considered in the employment' considered "dual supervision and control of both Parties, subject to the sup S . While the for purposesof Chapter 440, theFlorAssistingida utParty for payments ur oses aid to its Requesting Party shall ation Requesting and made in workers ' compensation benefits required the bRequ due to personal injury or death, civil prosecution as employees party shall enjoy immunity from Assisting compensation Act. provided for in the Florida Workers ' Pare shall be reimbursed for B. EQUIPMENT - The Assistine period of assistance according i ment during rate or according to the actual the use of its equipment to either a pre-established hourly enses incurred. The operation and or allnance repairs to its equipment as replacement, shall Pay for all repairs to maintain such Assisting y by its on-site sup determined necessary lies, and minor repairs equipment in safe and °Pemiscellaneouslsupp Ate period the ofassistance Assisting Party, fuels , the p e i went during if practical . The total for the Assisting y the Requesting Party, may be provided by esting Party shall be reduced by the the equipment charges to the Requ lies , and rep total value of the fuels , PP Requesting Party. The Assisting Party shall be C. MATERIALS AND SUPPLIES - lies furnished by it anded reimbursed for all materials and supplies unless such period of assistance, wanton misconduct, or damaged during the lP ence, willful and Assisting Party's i caused by gross neg 4 intentional misuse, or recklessness of use reasonable { personnel. The Assisting Party's Personnel shall the operation andtheontprol of aof them during per care under the circumstances in the cost plus materials and supplies used by ursement shall be Parties may assistance. The measure of re unb the wre ith like kind and ten ( 10) percent of such cost. Inwill replacetiwi esting Party part , the materials and agree that the Requ the Assisting Y quality as determined by supplies used or damaged. shall maintain The Assisting Party I D. RECORD KEEPING - the Requesting FEMA publications. records and submit invoices fo=ecoimnendedembyt by Party using formats used or recommended shall provide information, Requesting Party finance p in to Assisting Party ` and assistance for remardasketheg Assisting Party to directions , Requesting Party Y ersonnel, j I personnel. The Requ the necessary records for P for assist in maintaining supplies for submittal to FEMA f equipment, materials and PP payment. -5- 'ir i - �• �F 11 V L`�rV I 11 - E. PAYMENT - Unless otherwise mutually agreed in the written agreement executed in accordance with paragraph 2 .G. or a subsequent written addendum to the agreement, the Assisting Party shall bill the chief fiscal officer of the Requesting Party for all reimbursable expenses with an itemized Notice not later than sixty ( 60) days following the period of assistance; and the Requesting Party shall pay the bill in full not later than sixty ( 60) days following the billing date. Unpaid bills shall become delinquent upon the 61st day following the billing date and once delinquent ahall accrue interest at the rate of twelve ( 12) percent per annum. ' f 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 J( 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 Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this agreement. SECTION 5. INDEMNIFICATION Except as otherwise specifically provided in this Agreement, the Requesting Party shall indemnify and hold the Assisting Party harmless, to the extent permitted by Florida law, from and against any and all claims, demands, suits, actions, damages, and causes of ,! action related to or arising out of or in any way connected with 4 f mutual aid assistance rendered or performed at the Requesting I Party's emergency or disaster site. The Requesting Party shall defend any action or proceeding brought against the Assisting Party and shall indemnify and hold the Assisting Party harmless from and I .f against all costs, counsel and attorneys fees, expenses, and liabilities incurred as a result of any such claims, demands, suits, actions, damages, and causes of action, including the investigation or the defense thereof, and from and against any -• j orders, judgments or decrees which may be entered as a result thereof. f i i SECTION 6 . LENGTH OF TIME FOR EMERGENCY The duration of such state of emergency declared by the F Requesting Party is limited to seven (7) days . It may be extended, !! if necessary, in 72-hour increments . _6_ i k y + 3 lµiu�.i l �•� EMT r: SECTION 7 . TERM in effect for one ( 1) year from the This Agreement shall be date hereof and shall automatically renew in successive eatin) year terms unless terminated in writing by the p P g ce of such termination shall be made in government. Written noti served pers writing and shall be served or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. 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. 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 serve as a central depository for executed Agreements, to maintain a current listing of Participating Governments with their Authorized Representatives and contact information, and to provide aa opy of the nc cannual basis duringthe to esecond quarter ach of the rofc the tcale calendar yearing . on SECTION 10 . SEVE_RABILITY Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent Jurisdiction, that n or fact shall not affect or invalidaortionsooferthistAgreement shall subsection; and the remaining p remain in full force and affect without regard to the section, portion, or subsection or power invalidated. IN WITNESS WHEREOF, this Agreement has been duly executed this day of BOARD OF COUNTY COMMISSIONERS ATTEST: OF LEE COUNTY, FLORIDA CLERIC OF THE CIRCUIT COURT I By: By Deputy Clerk Chairman APPROVED AS TO FORM: Office of the Attorney By: LEGAL/CATRRAGR I _7_ i t +KTh a r• .. .. -.... _ .. ... . ..... . ... - ,may MUTUAL AID AGREEMENT FOR CATASTROPHIC RESPONSE/RECOVERY APPENDIX A Dates Name of Government: Mailing Address: City, State, Zip: j Authorized Representatives to Contact for Emergency Assistance: Primary Representative L . I' Name: Title: Address: Day Phone Night Phone FAX No. s let Alternate Representative Names Title: Address : Day Phone Night Phone I 2nd Alternate Representative Name: Title: Address: 11! Day Phone Night Phone r -8- . ) Ills i Ili �y . 1 - 7) MUTUAL AID AGREEMENT FOR CATASTROPHIC RESPONSE/RECOVERY APPENDIX B Date: i I I (Name & Address of Assisting Government ? jSUBJECT: Assistance Request 1 I In recognition of the personnel, equipment, or other emergency i assistance being sent to us by your government in accordance with a telephone request from our to your on we agreed to be bound by the Mutual Aid Agreement for Catastrophic , Response/Recovery. ( insert any mutually agreeable changes or exceptions here) . I Requesting Government Name: Address ; Authorized Representative's Signature: Typed Name and Title: FAX No. : REPLY DATE: This government agrees to provide the emergency assistance request by the government of and agrees to be bound by the Mutual Aid Agreement for Catastrophic Response/Recovery with the exceptions noted above. 4 ' Assisting Government Name: Address: t. 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