HomeMy WebLinkAboutR-1996-022RESOLUTION NO. 22-96
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING AGREEMENT BETWEEN THE CITY OF
DANIA AND STATE OF FLORIDA, DEPARTMENT OF
COMMUNITY AFFAIRS, FOR STATEWIDE MUTUAL AID
FOR CATASTROPHIC DISASTER RESPONSE AND
RECOVERY AND APPROVING MODIFICATION #1 TO
STATEWDE MUTUAL AID AGREEMENT; AND
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWTH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING
FOR AN EFFECTIVE DATE.
MAYO MMISSIONER
ATTEST: . 1.
CITY C AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
n t^Z L a/4-
RESOLUTION NO.22-96
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA;
Section 1. That that certain agreement between the city of Dania and the state
of Florida, Department of Community Affairs for Statewide Mutual Aid for Catastrophic
Disaster Response and Recovery and Modification #1 to Statewide Mutual Aid
Agreement are attached hereto as Exhibit "A", be and the same is hereby approved and
the appropriate city officials are hereby authorized to execute same.
section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoPtion.
PASSED AND ADOPTED THIS 27th DAY OF FEBRUARY, 1996.
CITY ATTORNEY
W.. 1*E+
AEL:EEEIDS ESEIrAT lID IGEEE}TSEII
FOE, CT'TTFEEOSEIC DIEAA'i?q, AEE"OXSE AID 8E@YEEC
rT"S !GREE![E[II IS ENf,ERED DI.:T!O BTfiTESI{ 'iTT"] S:DLtrE OF EIDR:TDA,
D]:IESTON OT EUERCENCIT UA}IAGEUEITE A}ID SI!oNG E]LCE POI,TtrICAIJ
. SI'BDIqTSION OE fu ;TAZE IEAE EGCI,EES E}ID ADOPTS '?'F?.TIERUS .B,}{D
COITDIEIONS CON:EA,EIED EEREDT, BASED IIPO}{ I'TE FOIJIOSrING EACTSS
. EEERE;A,S, tb.e State heEg'errc.y Uanageueut Act, Chaptq ZSZ7
Florida statlrtes, auth,orizes t " rt"i" i; ft" pol.itleal
subdlvisions to develop anil enter iato..mrtual aid, agreeuent= tor
reciprocal eDerge$e1t'aid and, assistarree ia case of, eoergescies
^' too extensive to be dealt witb, prrassLsted,; arrd
'iEEREIA,S,
Chapter 252; Florida Statutes, sei:s fortb details
coaceraiag poir.ers, duties, rLghts, privileges, and, l,.uurities of
poJ.itical. subdivisions of ti,e state rendering outsid,e aid; and,
reIBS, .Chapter 252, Florida Statutes, aut!.orizes ti.e State
to enter ilto a contract on bebalf of the state for tie'Iease or
. loarr to arry political sr:laividion of tJre state any real or
personal propertl, of the state governnent or tbe tenporary
tralsfer or eroplolaent of, personnel of the state
government to or by any poritical subd.ivision of ure state; and,
illEEREiAS, Cbapter. 252,'F].orida Statutes, autborizes tie
governing.bpdy ol each political su"bd.ivision of t!.e state
to enter into such contract or lease vittr tbe state, accept any
such loanr'or euploy such personnel, and sucb poll_tical
-,,,dlBlT "A"
lDri t 27- l99a Eq
subdivision may equip, uaintain, uti.lize, and operate any such
Property and euploy Decessaly personnel therefor in accordance
trith the purposes for vhich such contract is executed, and to
otherwise do all things and perfo:a any and at)- acts which it aay
deea necessar? to effectuate the purpose for which such contract
vas entered into; and
WIIEREAS, Chapter 252, Florida Statutes, authorizes tlre
Divlsion of Energency Managangnt to 11ake available any eqpipment,
selices, or facilities owned or org'anized by the state or j.ts
political subdivj-sions for use in the affected area upon request
o{ the duly constituted authority of 'the area or upon ttre request
of any recognized and. accred.ited rel_ief agency through such duly
constituted authority; and
WHEREAS, chapter 252, Florida Statutes, authorizes the
Division of Energency ManageEent to call. to d.uty and othe:lrise
provide, within or rrithout the state, such support fron avai].able
personnel, equipnent, and other resources of state ag,encies and
the political subdivisions of the state as nay be necessary to
reinforce emergency nanagement agencies in areas stricken by
energencies; and
WHEREAS, chapter 2S2, Florida Statutes, re.quires that each
rounicipality rnust coordinate requests for state or federal
energency response assistance with its county; and
WHEREAS, the State of Florida is geographically vulnerable
to hurricanes, tornadoes, freshwater flooding, sinkhole
aldlz7. 1ee.Eq
fo:aations, and otber natural disasters tbat in the Past have
caused severe ilisnrption of essential hr:nan services and severe
property darnage to publ.ic roads, utilities, buildings, parks, and
other government owned facilities; and
HIIEREAS, the Parties to this AgEeeroent recognize that
addilional EanPower and eguS.paent lay be needed to :d'tigate
further dirnaqe and restore vital se:rrices to ttre citizens.of the
affected. coromunity should such dj.sasters occur i and
WHEREAS, to provide the most effective uutual aid possible,
each participating GovernDent, intends to foster co-.unications
between ttre personnel of the other Participating Government by
visits, conpilation of asset inventories, exchang:e of info:mation
and developnent of plans and procedures !o implenent this
Ag:resnent,'
Now, EIIEREF0RE, the Parties hereto agree as follows:
SECTION 1. DEFTiVTTTONS
A. trAGItEEl{ElITtt - the Statewide Mutual Aid Agreenent for
Emergency Response/Recovery. Political su.bdivisions of the State
of Florida may becorne a Party to this Aqreenent by executing a
copy of this Agreenent and providing a coPy vith original
signatures and authorizing resolution(s) to the State of Florida
Division of Eroergency Management. Copies of the agreernent wi-th
original signatures and copies of authorizing resolutions and
.'
insurance letters shaII be filed aad uaintained at the Division
headquarters in TallahasseGr, Florida.
B. ITREQITESEIIIG le,RTYtt - the participating governnent
entity reguesting aid in the event of an eaergency. Each
uunicipality Dust coord.inate requests for state or federal
emergency response assistance tb,rough its county.
c. trAssrStrINc PAREYTT - the participating government entity
furnisbing eguipuent, se:rrices and/or nanpolrer to the Requesting
Party.
D. TTAUSEoRIZED REPRESENEAIIvETT - an emPloyee of a
pa::tic5.pating government authorized in writing by that governnent
to request, offer, or provide assistance under the te:ms of this
Agreenent. The list of authorized representatives for the
participating gove.rnment executing this Agreement sha1l be
attached as Appendix A to the executed coPy of the Agreement
supplied to the Division, and shal1 be updated as needed by each
participating governnent.
E. rrDIvIsJoNtt - the State of Florida, DePart&ent of
co:nrounity Affairs, Division of Energency Management.
F. ttE!{ERGENcYtT - any occurrence, or ttrreat thereof,
whether natural, or caused by. r.lr. in war or in peace, which
results or may result in substantial injury or har:o to the
population or substantial darnage to or loss of property.
,iq
4
^ri I 27- 199a
l.D.i I ZI. ,99(Eq
G. r,DIsASl!8Rrt - any natural, technological, or civil
ehergency that causes d"nage of sufficient severity and raagnitud.e
to result in a declaration of a state of eDergency by a county,
Govetxlor, or the President of the United States.
E. TIPIRTICfPATING GoV:ERNUENBTI - the state of Florida and
any political sr:bdivision of the state of Florida which executes
ttris rnutual aid agreeuent and supplies a complete executed copy
to the Division.
I. TIPERIoD oF AssISfANcEtt - the period of ti:ne beginning
with the departure of any personnel of the Assisting Party from
any point for the pur1lose of traveling to the Requesting Party in
order to provide assistance and endi.ng upon the return of all
personnel and equipment of the Assisting Party, after providing
thi: 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 fron the Requesting Party during which the personnel
of the Assisting ParEy are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
J. rrWoRK oR WORK-RELATED PERIoDTT - any period of tirne in
which either the personnel or eguj-pment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for vhich the Reguesting Party will reinburse the Assisting
5
r.bri t 27- 1994 Eq
Party. Specj-fically included ltithin such Period of tine are rest
breaks when the Personnel of the Assisting Party will return to
active lrork vithin a reasonable tine. Specifically excluded froE
such per5.od. of tj;oe are breakfast, Iunch, and dinner breaks '
SECTION 2. PIROCEDITRES
. I{tren a Participating government eittrer becomes affected by'
or is under i ririinsn! ttrreat of, an eEergency or disaster, it nay
invoke energency related rutual aid assistance either by: (i)
declaring a state df local energiency and transaitting a copy of
that declaration to the Assisting Party, or to the Division' or
(!i) uy oral1y conmunicating a request for nutual aid assistance
to Assisting Par+y or to the Division, followed as soon as
practicable by written confirration of said request' Mutual aid
shallnotberequestedbyParticipatingGovernmentsunless
resources avaitable vithin the stricken area are deened
inadequate by ttre Loca!- Emergency Management Agency' All
requests for nutual aid shall be transnitted by the Authorized
Representative or the Director of the Local Emergency Management
Agency. Reguests for assistance may be cornmunj.cated either to
the Division or directly to an Assisting Party. Requests for
assistance under this Agreement shall be lirnited to catastrophic
disasters, except where the Participating Government has no other
nutual aid agreenent based upon Sectiorr 252.40 or 153.01, Fforida
6
&fi:-!L.-1E:. E+
statutes, in which case a Participating Government nay request
assistance' Pursuant to tbe Provisions of this agEeement '
A. REQITESES DIRECTTY Eo ASSISEING PaITY: The Requesting
party uay d.irectly contact the auttrorized representative of the
Assisting Party and.sha11 provide then vith the inforaation in
paragraph C beIow. A11 conmunications shall be conducted'
directly between the Requesting and Assisting Party. Each party
shal1 be responsible for keeping the Division advised of the
status of the response activities. Ihe Division shall not be
responsible for costs associated with such direct requests for
assistance.' However, the Division may provide, by rrrle, for
reinbursement of eligible expenses fron the Energency llanageDent
preparedness and Assistance Trust zund created under Section
252.373, Florida Statutes.
B. REQUESTS ROIITED TIROI'GE, OR ORIGINETING FROU, EEE
DIvIsIoN: The Requesting Party nay directly contact the
Division, in which case it shall provide the Division with the
inforrnation in paragraph C beIow. Tbe Division Day 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
vriting at the tirne it transmits the reguest to the Assisting
Party. In no event shall the Division or the state of Florida be
ADri t 27. l99a Eq
responsible for costs associated with assistance in the absence
of appropriated furds. In a]-l casesr the party receiving the
mutual aid strall be primarily responsible for the costs incurred
by any Assisting Party Providing assistance Pursuant to the
provisions of this Agreeaent -
c. RTQIIIRED fNPoRlr}trfoN: Each request for assistance
sha1l be acconPanied by the following info:mation, to the exte,nt
known:
1. A general description of the daruage sustainedi
2. Identification of the energency selatice function for
Lrhich assistance is needed (e.9. fire, Iaw enf orcemetlt, emerg:ency
medical , transportation, comnunS.cations, pubJ-ic works and
engineering, building, inspection, planning and infolaation
assistance, hass care, resource suPPort, health and other nedical
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.9. sanitary selrer, potable water,
streets, or stonu vater systens) and the type of work assistance
needed ;
4. The amount and tlpe of personnel , equiprnent, materials,
and suppl j-es needed and a reasonable estimate of the length of
tfuie they will be needed;
o
5. The need for sites, strr:ctures or buildings outSide the
Requesting Party's political sr:bdivision to se:rre as relief
centers or staging areas for incouing energency goods and.
serwicesi and
6. A specific tiue and place for a representative of the
Reguestj-ng Party ta neet the personnel and equipnent of any
Assisting Party.
This inforaation nay be provided on the forn attached as
Exhibit B, or by any other available treans. The Division Day
revise the fo:mat.of Extribit B subseqr:ent to the execution of
this agreenent, in which case it shall distribute coipies to all
participating governnents.
D. ASSESSUENIr OF AVAILABTLITY OT RESOURCES }}ID ABTIJITY TO
RENDER aSSISrANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
governnent agree to assess their g:overnment, s situation to
deterruine available personnel , equipment and other resources.
All participating governments shall render assistance to the
extent personnel , equiprnent and resources are available. Each
participating government agrees to render assistance in
accordance vith the terms of this Agreernent to the fullest extent
possible. When the authorized representative determines that his
Participating Government has available personnel , equipnent or
other resources, they shal1 so notify the Reguesting Party or the
Eq
9
Apri t 27- 'lt9a
APdllL--:I2g E+
Division, vhichever co",",unicated the request, and provide the
info:raation belolr. The Division shaII, upon response lrom
sufficient participating parties to neet the needs of the
Requesting Party, notify the authorized representative of the
Requesting Party and provide then vith the following inforaation,
to the extent knovn:
1. A conplete description of the personnel, equipment, and
naterials to be furnished to the Requesting Party;
2. Ihe estimated tength of tiroe the personnel, egu5-pment,
and naterials will be available;
. 3. The areas of experience and abilities of the personnel'
and the capability of the equipraent to be furnished;
4. The name of the Person or Persons to be designaled as
supervisory personnel; and
5. The estimated tine when the assistance provided wiJ.l
arrive at the location designated by the authorized
representative of the Reguesting Party
E. sUPERvIsIoN AND eoNTROL: The personnel , eguiprnent and
resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
se:rring. Direct supervision and control of said. personnel ,
equipnent and resources shall rernaj-n with the designated
supervisory personnel of Lhe Assisting Party. Representatives of
the Reguesting Party shall provide work tasks to the supenrisory
L0
personnel of the Assisting Party. The d.esig"nated supenrisory
personnel of .the Assisting Party shall have the responsibility
and authori.ty .for assigming vork and establishing work schedules
for the personnel of ttre Assisting' Party, based on task or
mission assignnents provided, by the Requesting Party and the
Division. The designated supe:ivisory personnel of the Assisting
'Party shall: rnaintain dai3.y. personnel tirne records, naterial
records and a log of eguip:nent hoursi be responsible for the
operation and uaintenance of the equipnent and other lesources
furnished by the Assisting Party; and shalJ. report work progress
to.the Requesting Party. Ttre Assisting Party's personnel and
other resources shaI1 remain subj ect to recalI by the Assisting
Party at any tine, subj ect, to reasonabl.e notice to the Request!.ng
Party and the Division. At least tventy-four hour advance
notification of intent to withdrav personnel or resources sha11
be provided to the Requesting Party unless such notj.ce is not
practicable, in which case such notice as is reasonable sha1l be
provided..
F. foOD; EOUSING; SEtP-SUFFICIENCY UnLess speci.fically
instructed othe:*rise, the Reguesting Party shall have the
responsibil-ity of providing food and housing for the personnel of
the Assisting Party fron the tirne of their arrival at the
designated location to the time of their departure. However,
Assisting Party personnel and equipment should be, to the
Eq
1l-
Apri I 27. 199a
Eq
greatest extent possible, self-sufficient for operations in areas
stricken by euergencies or disasters. 3he Requesting Party nay
specify only self-sufficient Personnel and resoulces in'its
request for assistance.
G. Colfi{ITNIcAEIoNS! Unless specifical}y instructed
othervise, the Requestj.ng Party shall have the responsibility for
coordinating' conmunications betveen the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be ptepared to furnish cornnunications equipnent
sufficient to naintain communications araong their respective
operating units.
E. RIGETS AIID IRMLEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shal1 have the Povers, duties, rights,
privileges, and im:nunities, and shall receive the conpensatj-on,
incidental to their enplolment.
f. ERITTEN ACKNoELEDGEI,IENE Ihe Requesting Party sha1I
conplete a nrj.tten acknowledgnent regarding the assistance to be
rendered, setting forth the inforrnation transnitted in the
request, and shaI1 transmit it by the guickest 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
L2
Apri I 27. t99(
Eq
Reguesting Party by the quickest practical Eeans, maintaining a
copy for its files.
SECTION 3. REilBI'RSABLE EXPENSES
Tlre terms and conditi.ons governing reirobursement for any
assistance provided. under this Agreement shal1 be in accordance
with the following provisions, unless othe:*rise agreed upon by
the Request5.ng and Assisting Parties and specified in the written
acknowledgaent executed in accordance with paragraph 2.f. of this
Agreement. The Reguesting Party shal1 be ultinately responsible
for reinbursenent of all reinbursable expenses.
' A. PERSoNNEL - During the period of assistance, the
Assisting Party sha1l continue to pay its employees accord.ing to
its then prevailing' ordinances, rules, and regulations. The
Reguesting Party shall rej.mburse the Assisting party for all_
direct and. indirect payroll costs and expenses incurred during
the peri.od. of assistance, including, but not liraited to, eroployee
pensions and benefits as provided by cenerally Accepted
Accounting Principles (cAAp). fhe Requesting party shall
reirnburse any anounts paid or due for cornpensation to enployees
of the Assisting Party under the tenns of the Florida Workers,
Compensation Act due to personal injury or death occurring while
such ernployees are engaged in rendering aid under this Agreement.
While providing services to the Requesting party, employees of
the Assisting Party shalI be considered rborros servantsrr of the
13
.a. lpril 27. '199a
April 27. 1994 R
Requesting Party and shal1 be considered in the itdual. emplolaentrt
with the Requesting and Assisting Parties, suJrj ect to the
supe:rrision and control of both for purposes of Chapter 44o,
Florida Statutes. wtrile tl.e Requesting Party sha1l reinburse the
Assisting Party for payrirents made in workers' coropensation
benefj.ts required to be paid to its euployees due to personal
injury or death, the Division, and both the Requesting and
Assisting Party sha1l enjoy innunity frorn civj.I prosecution as
provi.ded for in the Florida Workers' Cornpensation Act.
B. EQSIPUENI - The Assist5.ng Party shall be reinbursed by
the Requesting Party for the use of its equipnent during the
period of assistance accord.ing to either a pre-established loca]
or state ttourly rate or according to the actual replacenent,
operation, and ruaintenance expenses incurred. For those
instances in which costs are reimbursed by the Federal Ene:gency
Managernent Agency, the eligible direit costs shall be deterained
in accordance with 44 c!.R 2o6.22a. The Assisting Party shall pay
for all repairs to its equiprnent as deternined necessary by its
on-site supe:rrisor(s) to maj.ntain such equipment in safe and
operational condition. At the request of the Assisting Party,
fuels, rniscellaneous supplies, and minor repairs rnay be provided
by the Requesting Party, if practical. The total equipment
charges to the Requesting Party sha1l be reduced by the total
value of ttre fuels, supplies, and repairs furnished by the
L4
ADri I 27. 19ga E\
Requesting Party and by the anount of any insurance proceed.s
received by the AssistiDg party.
C. I.{ATERIALS }ND SIrppLfES - Ihe Assistj_ng party shal1 be
reinbursed for all uaterials and supplies furnished. by it and
used or damaged duri.ng the period of assistance, except for the
costs of equipnent, fuel and maintenance naterials, labor and.
supplies, which sha1I be included in the equipuent rate
estabrished. in 3.B. above, unless such damage is caused. by gross
negligence, villfur and wanton uisconduct, intentionar uisuse, or
recklessness of the Assisting partyrs personnel. The Assisting
Party,s Personnel shaIl use reasonable care under the
circurnstances in the operation and control of all naterials and
supplies used by then during t}te period of assistance. the
neasure of rei:nbursenent shall be deter:uined in accordance vith
44 CFR 206.228. In the alternative, the parties may agree that
the Requesting Party will replace, with like kind. and qual5.ty as
deternined by the.Assisting party, the naterials and. supplies
used or damaged. ff such an agreement is nade, it shall be
reduced to writing and transmitted to the Division.
D. REcorD KEEPING - The Assisting party sha11 ruaintain
records and subrnit j.nvoices for reimbursement by the Requesting
Party or the Division using format used or required by FEMA
publications, including 44 cFR part 13 and applicable offi.ce of
Management and Budget circulars. Requesting party and Division.
15
Apri t 27. 1994 Eq
fi.nance personnel shal1 provide info:aation, directions, and
assistance for record keeping to Assisting party personnel.
E. P}Y!{ENE - Unless othe:*rise nutually agreed in the
uritten acknosrledgenent executed in accordance vith paragraph
2.I. or a subseErent. written addendum to the acknowledgenent, the
Assisting Party sha1l biJ.l the Requesting party for aII
reinbursabJ-e expenses with an itemized Notice as soon as
practicable after the expenses are j.ncurred, but not later than
sixty (60) days folloving the period of assistance, unless ttre
deadline for identifying darnage is extended in accordance r.rith 44
CFI| part 206. The Requesting Party shalI pay the biII, or advise
of any disputed iterns, not later than sixty (60) days following
the bil!.ing date. These timeframes nay be nodified by Butua).
agreement. This shall not preclude an Assisting party or
Reguesting Party froh assuming or donating, in whole or in part,
the costs associated with any 1oss, danage, expense or use of
personnel , equipnent and resources provided to a Requesting
Party.
F. PAYMENI BY OR TIIRoUGE EEE DrvrsIoN: The Division of
Energency Management, may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the reguest of the Division, to the extent
of funds available, and contingent upon an annual appropriation
from the Legislature for such purposes. The Assisting party
l_5
Apri t 27, 199a E\.?
shall be responsible for rlaking yritten request to the Division
for reinl:urseherrt of travel and subsisteDce expenses, prior to
sulnitting a request for pa].ment to the Requesting Party. The
Assisting' Party's written request should be subDitted as s.)on as
possible after expiration of the period of assistance. the
Division shall provide a rrritten response to said requests vithin
ten (10) days of actual receipt. If tbe Division denies said
request, the Assisting Party shal1 then biJ-J- the Requesting
Party. In the event that an affected. jurisdi-ction requests
assistance vithout fonrarding said request through the Division,
or'an assisting party provides assistance without having been
reguested by the Division to do so, the Division sha1l not be
Iiable for reinbursenent of any of the cost(s) of assistance.
The Division nay se::ve as the eligible entity for requesting
reiroburse.me.nt of eJ-igible costs from FEMA. Any costs to be so
reinbursed by or through the Division shall be deterained in
accordance with 44 CFR 206.228. The Division nay authorize
applications for reirnbursement of eligible costs from the
undeclared dj.saster portion of the Energency l{anagehent
Preparedness and Assistance Trust Fund established pursuant to
Section 252.373, Florida Statutes, in the event that the disaster
or energency event j.s not declared pursuant to the Robert T.
Stafford Disaster ReIief and Energency Assistance Act, Public Lav
93-288, as anended by Public Law 100-707, Such applications
t7
Asdl-!L-!!2!B
shall be evaluated pursuant to rules established by the Division,
and nay be funded only to the extent of available funds. SEclfoN
SECTION 4. TNSI'RANCE
Each participating government shaI)- bear the risk of its own
actions, as it does vith its day-to-day operations, and dete:aine
for itself vhat kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter fro:n its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no Iapse in its insurance coverage
either on employees, vehicles. or liability. If a participating
goverrurent is self-insured, its file sha11 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 thj.s Agreeroent which is
filed with the Division. Each Assisting Party shalI be so1eIy
responsible for deternining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reirnbursement fron the Division or the Requesting Party
shal1 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. LTABTLTTY
10
rb.i t 27- l9ga Eq
To the extent perraitted by Iaw, and. vrithout waiving
sovereign iununity, each Party to this AgTreeuent shall be
responsible for any and alJ- claims, denand.s, suits, actions,
damag'es, and. cause.s 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 nutual aid assistance rendered or
performed pursuant to the te:ns and conditions of this Agreement.
SECTION 6. LENGTH OF TTME POR EI{ERGENCY
The duration of such state.of energency declared by the
Requesting Party is linited to seven (7) days. It nay be
extended, if necessary, in 7 day increnents.
SECTTON 7. TERM
This Agreement sha11 be in effect for one (1) year frorn the
date hereof and sha1l autoraatically be renewed in successive one
(1) year terms unless terrninated in vriting by the participating
government. Notice of such termination shatl be :oade in writing
and sha1I be sera/ed personally or by registered rnail upon the
Director, Division of Ernerg'ency llanagenent, Florida Department of
Coronunity Affairs, Tallahassee, Florida, which sha1I provide
copies to all other participating parties.
SECTTON 8.DATE SA N
This Agireernent shalL be in fuII force and effect upon
approval by the participating: government and
execution hereof.
L9
uPon proper
Asci I 27. '1994 \=\?
SECTION 9. ROLE OF DrVTSION OF EMERGENCY MANAGEMENT
The responsibilities the Division of Enargency 'ManageDent,
Florida Departnent of Community Affairs under this Ag:reenent are
to: (1) request routual aid on behalf of a part5-cipating
government, under the circumstances iilentifieil in this Ag'reenent;
(2) coord.inate the provision of. Dutual aid to a requesti.ng party,
pursuant to the provisions of this Agreenent; (3) serve as ttre
eJ-igible entity for requesting reinbursenent of eligible costs
fron FEI{A, upon a Presidential disaster declaration; (4) ="i" .=
central depository for executed Agreenents; and (5) naintain a
current J-isting of Participating Governnents with their
Authorized Representative and contact info:mation, and to provide
a copy of the listing to each of the Participating Governnents on
an annual basis during the second quarter of the calendar year.
SECTION 10. SEVERABfLfrY, EFFECT oN oTHER AGREEI,IENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of conpetent jurisdicti.on, that
fact shal)- not affect or invalidate any other portion, section or
subsectj-on, and the remaining portions of this Agreeroent shalf
remain in full force and affect sithout regrard to the section,
portion, or subsection or power invalidated.
In the event.that any parties to this agireement have entered.
into other Eutual- aid agreements, pursuant to Section 252.40,
Florida Statutes, or interlocal ag:reements, pursuant to Section
20
L*il 27. 1n1 Eq
163.01, Florida Statutes, those parties agree tbat sai.d
agreeuents are superseded by ttris agreeuent only for energency
nanagement assistance and activities perfo::aed in catastrophic
e'r,ergencies pursuant to this agreeuent. In tbe event that two or
more parties to this agireeeent have not entered into another
mutual aid agreeuent, and the parties wish to engage in nutual
aid, then ttre te:as and conditions of this agreeroent shalJ. apply
unless othe:*rise agreed between tbose parties.
2L
IN WITNESS WHEREoF, the parties set fortsh below have duly
executed. this Agreeroent on the date set forth. belon:
ATTEST: BoARD OF
CI.,,ERK OF IEHE CIRCUIT COI'RT OF FI'RIDA(county)
By:By
D€puty C1erk Chai:man
APPROVED A.S TO FORU:office of the county Attorney
By
EXECUTED BY TiIE FOLIPWING PARIICIPATING I'CAL GO\rERNHENTS TN
-
, coIJNfy (attach authorizing resolution or ordinance
and insurance letter or resolution for each)
CITY OF DANIA 02/27 /96
Politica]. Subdivision Authorized official Date
Politi:aI Subdivision Authorized official Date
Political Subdivision Authorized official Date
Political Subdivision Authorized official Date
Politica]- subdivision Authorized official Date
PoLitical Su-bdivision Authorized official Date
by
by
by
by
by
by
byPolitical Su-bdivision Authorized Officia]-Date
ACKNOWLEDCED AND AGREED BY THE DTVISION OF EMERGENCY MANAGE}ENT
By:Director
)1
rri t 27. t99a
Date:
\
llUTUA! lID AGREEMEIII
FOB Bt{ERcaBCY RESPONSE,/RECOVERY
APPETTDI: I
February 27, 1996
100 West Dania Bch. Blvd.Xailing Address:
city, State, ZLpt Dania, Florida 33004
Authorized Representat.ives to Contact for Emergency Assistance:
Primarv Reoresentative
Name: Mi chael Sm i th.
TitIe:City Manager
Address:100 West Dania Bch. 81vd., Dania, Fl 33004
Day Phone:(954)921-8700 Ext.201 Night phone: 054)752-9673
(954)€7--18s
FAX No.: (95a) 927-?604
1st Alternate Representative
NaDe: Thomas Grammer
Title:Fi re Chief
Address: 100 West Dania Bch. B1vd., Dania, Fl 33004
Day Phone:(954)921-8700 Ext. 204 Night Phone:(e54 )987- 33004
2nd Alternate ReDresentative
Name: l.li Iiiam AI1en
(954)896-8571 Beeper
Tit]-e:Growth Manaqement Di rector
Address: 100 West Dania Bch.. B1vd., Dania, F1 33004
(954)921-8700 Ext.255 (954 )474- 8903Day Phone:
23
Night Phone:
(954)897-9250 Beeper
NaDe of covernBent: CITY oF DANIA
Apri t 27. '1994 R
REQUIRED INFORI{AIION
Eactr request for assistance shall be accotrPanied by the
following infornation; to the extent knovn:
1. General descriptJ.on of the danage sustained:
2.' Identifj.cation of the e:nergency se:rrice function for which
assistance is needed (e.9. fire, lav enforcement, emergency
nedical , transportation, communications, Public works and
engineering, building, inspection, planning and infomation'
assistance, nass care, resource support, health and other medical
se:lices, search and rescue, etc. ) and the particular type of
assistance needed:
rrri t 27. 1994 Eq
REQuIRED INFoRMATIoN (continued)
3. rdentification of the public infrastructure system for vhich
assistance is needed (e.g. sanitarl seeer, potable water.
streets, or stora \rater systeDs) and ttre typa of vork assistance
Deeded:
4. The aErount and tlpe of personnel, equipment, rnaterials, and
supplies needed and a reasonable estiuate of the length of ti:ae
they viI1 be needed:
5. the need for sit,es, structures or buj-ldings outside the
Requesting. Partyts political subdivision to serve as relief
centers or staging areas for incoming energency goods and
services :
25
^ori t 27. 1994
' REQUIRED INFoRMATIoN (continued)
6. a specifj.c tine and Place for a rePresentative of tle
Requesting Party to neet the Personnel and equipment of any
Assisting Party.
Eq
z6
!Pdlll!!!t
AUTHORTZED REPRESENTATTVE :
CONTACT NI'MBER/PROCEDI'RES :
1. Assistance To Be Provided:
Resource Type Amount Assignnent
2. Availability of Additional Resources:
3. Tine Linitations, if any:
Eq
Est. TiEe Arrival
ACKNOWI..EDGMENT
Eo be coapleted by each Assisting Par-ty.
NAI,IE OF ASSTSTING PARTY3
STATE OF FLORIDA
DEPARTMENT O.F COMMUNITY AFFAIRS
271O C ENTERVIEr^/ DRIVE TAI.LAHASSEE, FLORIDA 32399.2I OO
t wroN cHll.Es
Golt o.
I.INDA LOOMIS SHELLEY
Sacr!trrT
t{BxoRlupux
COUNTY E}TTRGENCY IIIANAGEMENT DIRECTONS AND
SIGNATORIES fO TIIE STAIEWIDE UIXIUAIJ AID AGREIX'IENT
rRou:Joseph F. tilyers, DirectorDivision of EDergensy lilanag
SUBrEcl: Mutual Aid Coupact: Modifi-cation
DATE: October 19, 199{
In septeDber I provl.ded you all nith infornation regardl-ng the
exeqrEion of tbe Statewide Dlutual Aid Agreeoent, and adv5.sed youthat the Division of Euergencf Uanaganent (DEu) anticipated auodification to the Agreement, based upon connents by sevelal
J.ocal. government risk managers. Attached you will finit ttret{odification prepared based upon those and other coDments re-ceived. 'lghe lttached ModLfication (dated october .21 , 1994) is
no$ ready for execution. Please destroy or ottrqrrise dlspose of
any previous drafts you Day have received.
therefore, please initiate tJre processes necessary to have yourlocal governnents execute this t{odLfication, and return executed
copS-es witb attachnents to the Division. county hergency
ManagouEng Agency Directors should provide copies of the Modifi-cation to all tJrose nunicipalities they previously provided withthe Statewide Mutual Aid Agreenent. In adcll.tion, DEM will besending copies to al.l those that have already executed theAgreenent. For those entities that have not yet executed theStateside Uutual Aid Agreeuent, the llodification should beexecuted concurrently vith the AgreeBent.
DElt gill fornard copies with the Division's endorsement back toall sigmatories upon fi.nal execution. With your continuedassistance we ant5.cipate having alJ. uodifications execute.d assoon as possible. If you have any questions, please call RobertC. Byerts at (904) {88-O41o.
JFl,l/rbattach. (1)
tMERc,tNCY MANACEMTNT . HOUSING AND COMMUNITY DEVELOPMENT . RESOURCE PIANNING AND MANAGEMENT
TO:
October 27-, !994
UODIFICATION #1 TO STATEWIDE UUTUAIJ AID AGREEUENT
WHEREIAS, the undersigned County/t{unicipality (strike one),
along with the Department of CoEnunity Affairs, Division of
Emerqency llanageuent ( DExrl) and various other counti.es and munici-
palities in tbe state of Florida, has entered into the statewide
Uutual Aid Agreenent for Catastrophic Response and Recovery (the
Agreement ) ; and
WHEREjAS, the parties to the Ag:reeuent are desirous of
anending the Agreornent, to revise provisions regiarding the
handling of workers, conpensation clalms and to clarify and
correct certain other terms and condj.tions;
NoW, TIIEREFORE, .the undersigned signatories agree:
1. The title of t-he Agreement is revised to read: rstate-
wide ltutual Aid Agreement. rt
2. The introductory paragraph is revised to read: TTIIfS
AGREEI{ENT rs ENTERED rNTo BETWEEN THE srATE oF Fr.oRrDA, Drvrsroll
OF EMERGENCY MANAGEMENT, AND BY AND AI,IONG EACH COUNTY AND I{I,NICI-
PALITY THAT E)(ECI'TES AND ADOPTS TIIE TERI1IS AND CONDITIONS CON-
TAINED EEREIN, BASED uPoN TT{E FoLTowING FAcTs:n.
3. The first sentence of SEerION 1. DEffNfTfoNS, paragraph
A. ,AGREEIIENTTT is revised to read: ,the Statevide Mutual Aid
Agreement. rr The remainder of that paragraph is unchanged.
4. SEqIION 1. DEFfNITfONS, paragraph D. TAUIrHORIZED
REPRESENTATTvE'. is revised to read: ,An employee of a part,icipat-
I
october 27., !994
ing government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
AgreeDent. The list of authorized representatives for the
part,icipating government executing this Agrreement sha1l be
attached hereto as , Exhibit Ar, and shall be updated as needed by
each participating government. rt
5. SESPION 1. DEFINIIIONS, paragraph II. 'TPARTICIPATING
GovERNl{E[Ttt is revised to read: nThe State of Florj.da, any county
which executes this Agreement and supplies a coEplete, exesuted
copy to the Division, and any nunicipality which executes this
Agileenent and supplies a conplete, executed copy to the Divi-
sion. n
6. A ne!, paragraph K. is added to SECTION 1. DEEEEESE,
to read as folloers: trK. ,I,IA.TOR DISASTER, - a disaster that ni]1
Iikely exceed local capabilities and require a broad range of
state and federal assistance. tr
7. The initial , unnumbered, paragraph of SECTION 2.
PROCEDURES, is revised to read:
I{hen a Participating GovernDent either becomes
affected by, or is under i'n-inent threat of, a major
disaster, it uay invoke emerlrency related nutual aid
assistance either by: (i) declaring a state of locaI
eDergency and transuitting a copy of that declaratj.on
to the Assisting Party, or to the Division, or (ii) by
orally conmunicati.ng a request for uutual aid assis-
2
october 2L, L994
tance to the Assisting party or to the Division, fot-
loned as soon as practicabte by vritten confiraation of
said request. Xutual aid shaIl not be requested by any
Participating Government urtless resources available
within the stricken area are deemed inadequate by that
Participating eovernment. I{unicipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency llanageDent Agencies. AIl re-
quests for mutual aid sha1I be transmitted by the
Authorized Representative or the Director of the Ipcal
EDergency lilanage'nent Agency. Requests for assistance
nay be co,nnunicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement sha1l be linited to major disasters,
except where the Participating covernment has no other
routual aid agreenent for the provision of assistance
related to energencies or disasters, in whj.ch case a
Participating Governnent Day request assistance related
to any disaster or energency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2. PRqCEDITRES, paragraph C. REQUIRED IUFORT(A-
TIOX, subparagraph, G is revised to read:
6. An estj.Eated tine and a specific place for a
representative of the Requesting party to meet the
J
october 2L, L994
personnel and equipnent of any Assisting Party.
This information nay be provided on the fora
attached as Exhil:it trB, tr or by any other available
Deans. The Division may revise the format of Exhibit
rrBtt subsequent to tbe execution of this agreeuent, in
which case it shalI distribute copi.es to all Partici-
pating Governments.
9. SECTION 2. PROCEDIIRES, paragraph I. IIRIETEX ACXIIOIIIJ-
EIXIE}iEXT, j.s revised to read:
I. TRIEIEII ACKIIOTLEDGEUENII- The Assj-sting Party
sha1l coaplete a rritten acknowledg:nent regarding the
assistance to be rendered, setting forth the infoma-
tion transmitted in the request, and shal1 transuit it
by the quickest practical means to the Requesting Party
or the Division, as applicable, for approval . The forn
to serve as this written acknowledgement is attached as
Exhibit C. The Requesting Party/Division sha11 respond
to the rritten acknowledgeuent by executing and return-
ing a copy to the Assisting Party by the quickest
practical Deans, uaintaining a copy for its files.
10. SECTION 3. RXII'{BI,RSABLE EXPENSES, paragraph A. PERAON.
I[EL, is revised to read:
A. PERaoNNEIJ - During the period of assistance,
4
October 2L, !994
the Assisting party shalL contj.nue to pay its euployees
according to its then prevailing ordinances, ru1es, and
regrrlations. The Reguesting parEy sba1l reirburse the
Assisting Party for all dlrect and indirect payroll
costs and expenses ( J.ncluding travel expenses-) insurred
during the period of assistance, including, but not
li:lited to, eDployee pensions and benefits as provided
by eenerally Accepted Accounting principles (cAAp).
Ilolrever, the Requesting party shall not be responsible
for reinburs ing any aDounts paid or due as benefits to
employees of the Assisting party under the te:ms 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 payuent of such benefj.ts only to their
own employees.
11. SESPION 7. TERM, is revised to read:
This Agreenent shal1 be in effect for one (1) year
from the date hereof and shall be renewed in successive
one (1) year terms unless terninated upon s ixty (GO)
days advance written notice by the participat5-ng cov-
ernnent. Notice of such ternination shalI be made in
vriting and shalf be served personally or by registered
5
DaiL upon the Director, Division of hergency llanage-
ment, Florida Depaltuent of CoEmunity lffairs, Tall-a-
hassee, Florida, which sha11 provide copies to all
other Part.icipating Governments. Notice of termination
sha1l not relieve the withdraving Participating covern-
nent from obligations incurred hereunder prior to the
effecti.ve date of the withdranal and sha11 not be
effective untj.l s ixty (60) days after notice thereof
has been sent by the Director, Division of hergency
lilanageEent, DepartEent of Cornnunity Affairs to aII
other Participating covernnents.
12. SEqrION 10. SEVERABILITY, EI'FEeP ON OTIIER AGPJE['{EI{TS,
is revised to read:
Should any portion, section, or subsection of this
Agreenent be held to be Lnvalid by a court of conpetent
jurisdiction, that fact shall not affect or invalidate
any other portion, section or subsection i and the
rernaining portions of this Agreement shall reroain in
fu1I force and affect without regard to the section,
portion, or subsection or poser invalidated.
In the event that any parties to this agreenent
have entered into other mutual aid agreements, pursuant
to Section 252.4O, Florida Statutes, or interlocal
agreements, pursuant to section 163.01, Florida Stat-
!LE, those partj-es agree that said agreements are
6
suPerseded by this agreeuent only for erergency nanage-
Dent assistance and activities perforaed in najor
disasters, pursuant to this agreement. In the event
that tvo or nore parties to this agreement have not
entered into another Dutual ai.d agreeuent, and the
parties wish to engage in mutual aid, then the teras
and conditions of this agreo'nent shal.l apply unless
othe:rrj-se agreed betveen those parties.
13. The docunent attached to t-tre AgreeEent and fornerly
labeled TTAPPENDIX A,tr is revised to be titled rtEfIBIt lltt as
indi.cated in the attached EEIBM t. The docr:ment attached to
the Agreenent entitled TTREQITIRED IIIFoR!IATIOII!! is revised to be
titled T.EXEIBII Brt as indicated in the attached TTEEfBIII B.n The
docurent attached to the Agreement and entitled recxtrOmJEDct{Etwf tr
is revised to be titled IIEXEIBIT Ctl as indi.cated in the attached
|IETIBIT C. rt
14. This l*Iodification sha1l become effective only as
betrreen those countj.es and nunicipalities, and the State of
Florida, when they have actually executed a copy of the UODfFICA-
TIoN #1 to STATEWIDE I,IUTUAL AID AGFTEMENT containing identical
tetas, and when that copy has been executed by the State of
Florida, Division of EEergency Uanagement.
7
IN wITl{Ess tilIIEREoF, the parties set forth belov have duly
executed this Agreernent on the date set forth below:
ATTEST:
CIJRK OF TIIE CIRCT'IT COURT
By:
Deputy Clerk
ATTEST:CITY CI,ERK
By:Chairaan
APPRO\'IED AS TO FORU:office of the county Attorney
By:
CITY OT
FI'RIDA
DANIA
By:
tsr ll Hyde , Playor
Title
Ivlrchae I 5mrth, c] ty Manager
APPROVED AS TO FORU:office of city Attorney
By:Frank C. Ad ler
BOARD OF
OF (county)FIPRTDA
By:
TitIe City CIerk
STATE OF FIPRIDA
DEPARTMENT OF COUUT'NITY ATFAIRS
DIVISION OF EMERGENCY ITANAGEMENT
By:
Title
at
SAIEEIIDI IEAulI. IID IGSBEIIE
EEIBA! A
Date:February 27, 1996
NaDe of covemnent: CITY 0F DANIA
Hailing Addrese:100 West Dania Bch. Blvd.
clty, State, ZLgz Dani a, Florida 33004
Authorized RepreBentatLvee to Contact for EelEBncy AsBlatance:
Pr:Lparlr RepreEentative
NaDc:
ll.tle:City Manage r
Address:100 West Dania Bch. Blvd.Dani a Ft 33004
Day Phone:(954)921-8700 Ext. 201 Night Phone:(954)752-9673
Beeper (954)877-5185
FA:( No.: (954) 92t-2604
1st Alternate Representative
NaEe: Thomas Granrner
TLtle:Fi re Chief
Address:100 West Dania Bch. Blvd., Dania, Fl 33004
Day Phone:
2nd Altemate Representative
Xane: lrli l li am Al'len
11g1". Growth Management Di rector
Address:100 West Dania Bch. Blvd., Dania, Fl 33004
(954)921-8700 Ext.2o4 Hioht phone. (954)987-3304
-f 954lE'E-6--T57f T-eeper
Day Phone:(954)921-8700 Ext. 255n1 ght Phone:(954 ) 474- 8903
(954)897-9250 Beeper
9
Mi chael Smi th
EEIBIII B
' SEA:TEEIDE ffirltgilr IID IGREEIEIII!
REQUIRED IIIFORSETIOII
Each request for assistance shal1 be accompanied by the
following infomation, to the extent knoun:
1 ceneral description of ttre damage sustained:
2. Identification of ttre energency serrrice function for which
assistance is needed (e.9. fire, 1a!, enforcement, energency
ned.i.ca1, transportation, cornunications, public works and engi-
neering, building, inspection, planning and infomation assis-
tance, nass care, resource support, health and ottrer nedi-cal
senrices, search and rescue, etc. ) and the parEicular t]tpe of
assistance needed:
10
REQUIRED INFoRI'IATIoN (continued)
3. Identiflcation of the public infrastructure system for which
assistance is needed (e.9. sanitary sewer, potable lrater,
streets, or stortu water systeDs) and the type of work assistance
needed:
4. The amount and type of personnel , equipment, materials, and
supplies needed and a reasonable estiuate of the lengrth of tirue
they wil1 be needed:
5. The need for sites, structures or buildings outside ttre
Request5.ng Party's political subdj.vision to serrre as relief
centers or staging areas for inconing eBergency goods and servic-
es:
11
REQUIRED INFORMATION (contiNUEd)
6. An esti-Bated tj-ue and specific place for a representative of
the Requesting Party to ueet the personnel and equiPEent of any
Assisting Party.
12
E}CIIBIT C
STATEWIDE I,IUTUAI., AID AGREWENT
ACre{OHI,EDGI@{T
To be coEpleted by each Assisting ParEy.
}IAIITE OF ASSISTING PARTY:
AIITHORIZED REPRESENTATTVE :
coNTAqt NI,}IBERr/PROCEDI RES :
1. Assistance To Be Provided:
Resource qT)e Anount Assigmnent Est. Ti.ne Arrival
2. Availability of Additional Resources:
3. Tine Linitations, if any:
13