HomeMy Public PortalAbout1996-08 Statewide Mutual Aid agreement, modification 1RESOLUTION NO. 96-8
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; APPROVING STATEWIDE MUTUAL AID
AGREEMENT AND MODIFICATION NUMBER 1 TO SAID
STATEWIDE MUTUAL AID AGREEMENT, PROVIDING FOR
MUTUAL AID IN DISASTERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dade County Office of Emergency Management has requested that the
Village of Key Biscayne approve and enter into the Statewide Mutual Aid Agreement and
Modification Number 1 to such Agreement; and
WHEREAS, approval of the attached Statewide Mutual Aid Agreement and Modification
Number 1 to Statewide Mutual Aid Agreement are in the best interests of the Village of Key
Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The attached Statewide Mutual Aid Agreement and Modification Number 1
to Statewide Mutual Aid Agreement are hereby approved, and the Village Manager and Village
Clerk are hereby authorized, in their respective capacities, to execute such Agreement and
Modification on behalf of the Village of Key Biscayne.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of April, 1996.
ATTE
GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
114
RICH RD J. WEISS, VILLAGE ATTORNEY
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,=rivileges, 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
zo enter into such contract or lease with the state, accept any
such loan, or employ such personnel, and such political
xi l 27. 1944
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
limmuts, 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
.,f 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, reauires 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
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. nAGREEMENTfl - 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
3
it 27. 1944
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-.antity
furnishing equipment, services and/or manpower to the Requesting
Party.
D. "AUTHORIZED REPRESENTATIVE" - an employee of a
^-Articipating 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
pnnulation or substantial damage
or loss of property.
April 27. 1994
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 recruested, 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 -RENTED 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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„xi( 27, 1994 `7
Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
active work within a reasonable time. Specifically excluded from
such period of time are breakfast, lunch, and dinner breaks.
K•
SECTION 2. PROCEDURES
When a participating government either becomes affected by,
or is under imminent threat of, an emergency or disasterr-lt 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
"ti) 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 requestgd 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
'tual aid agreement based upon Section 252.40 or 163.01, Florida
6
/lpri ( 27, 194E
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 PROM, THE
DIVISION: The Requesting Party may directly contact the
Division, in which case it shall provide the Division with the
information in paragraph C below. The Division may then contact
other Participating. Governments on behalf of the Requesting Party
and coordinate the provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect
requests for assistance, unless the Division so indicates in
writing at the time it transmits the request to the Assisting
Party. In no event shall the Division or the State of Florida be
7
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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_gytent
known:
1. A general description of the damage sustained;
2. Identification of the emergency service function for
T-lich 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 supclies needed and a reasonable estimate of the length of
time they will be needed;
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April 27, 1994
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
*Provided, however, that the failure to render such assistance
shall not create any liability to any third party in contract, tort
or otherwise. 9
)ri l 27. 19?4
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
--•oervisory rersonnel of the Assisting Party. Representatives of
the Requesting Party shall provide work tasks to the supervisory
'0
Aril 27, 1994
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, mater
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
N;A
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 itinunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete' a written acknowledgment regarding the assistance to be
rendered, setting forth the information transmitted in the
request, and shall transmit it by the quickest practical means to
the Assisting Party or the Division, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. The Assisting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to the
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Apr-i 127, 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 2.1. of this
Agreement. The Requesting Party shall be ultimately responsible
for reimbursement of all reirhursable 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 shah 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
At 27, 1944
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
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
rges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
14
Aprit 27, 1444
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 3.3. 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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Aril 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 7;ddendum 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
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 raay reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request of the Division, to the extent
funds available, and contingent upon an annual appropriation
=coin the Legislature for such purposes. The Assisting Party
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April 27. 1994
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 FrMA. 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
1
7
" ,l 27, 1994
shall be evaluated pursuant to rules established by the Division,
and may be funded only to the extent of available funds. SECTION
SECTION 4. INSURANCE
Each participating government shall bear the risk of its own
actions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no lapse in its insurance coverage
'her 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.
c TION
•
T7ABILITY
1
3
April 27. 1944
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 shalt. 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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it 27, 1994
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The responsibilities the Division of E ergency .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
Trent 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. SEVERABILITYi 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
-o other mutual aid agreements, pursuant to Section 252.40,
Florida Statutes, or interlocal agreements, pursuant to Section
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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 shalt -apply
unless otherwise agreed between those parties.
21
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF
OF
(County)
By: By:
Deputy Clerk
FLORIDA
Chairman
APPROVED AS TO FORM:
Office of the County Attorney
By:
7
EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN Dade
, COUNTY (attach authorizing resolution or ordinance
and insurance letter or resolutio; for a )
s
Village of Key Biscayne / by �1 Eril�.L' ��.'.�✓ �� April 12, 1996
olitical Subdivision Authorized Offic-•-i 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
2olitical Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
Director
Agri[ ZT, 1944
MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date: April 12, 1996
Name of Government: Village of Key Biscayne
Mailing Address: 85 West McIntyre Street
City, State, Zip: Key Biscayne, FL 33149
Authorized Representatives to Contact for Emergency Assistance:
Primary Representative
Name: John F. Festa
Title: Mayor
Address: 85 West McIntyre Street, Key Biscayne, FL 33149
Day Phone: (305) 365-5514 Night Phone: (305) 361-3043
FAX No.: (305) 365-8936
1st Alternate Representative
Name: C. Samuel Kissinger
Title: Village Manager
Address: 85 West McIntyre Street, Key Biscayne, FL 33149
Day Phone: (305) 365-5514 Night Phone: (305) 365-9651
2nd Alternate Representative
Name: Michael J. Flaherty
Title: Emergency Services Director and Chief of Police
Address: 85 West Enid Drive, Key Biscayne, FL 33149
Day Phone: (305) 365-5555 Night Phone:
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}rit 27, 1994
\iN . >> , 1
INFORMATION
Each request for assistance shall be accompanied by the
following information, to the extent known:
1
General description of the damage sustained:
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
Apri l 271 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
-it 27, 1994 E ;4- \ ,C
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.
.o
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26
Agri l 27, 1996 -
TTeq
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:
October 21, 1994
MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the undersigned County/Municipality (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) and various other counties and munici-
palities in the State of Florida, has entered into the Statewide
Mutual Aid Agreement for Catastrophic Response and Recovy (the
Agreement); and
the parties to the Agreement are desirous of
amending the Agreement, to revise provisions regarding the
handling of workers' compensation claims and to. clarify and
correct certain other terms and conditions;
NOW, THEREFORE, the undersigned signatories agree:
1. The title of the Agreement is revised to read: "State-
wide Mutual Aid Agreement."
2. The introductory paragraph is revised to read: "THIS
AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI-
PALITY THAT EXECUIES AND ADOPTS THE TERMS AND CONDITIONS CON-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:".
3. The first sentence of SECTION 1. DEFINITIONS, paragraph
A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid
Agreement." The remainder of that paragraph is unchanged.
4. SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED
REPRESENTATIVE" is revised to read: "An employee of a participat-
1
October 21, 1994
ing government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached hereto as 'Exhibit A,' and shall be updated as needed by
each participating government."
5. SECTION 1. DEFINITIONS, paragraph H. "PARTICIPATING
GOVERNMENT" is revised to read: "The State of Florida, any county
which executes this Agreement and supplies a complete, executed
copy to the Division, and any municipality which executes this
Agreement and supplies a complete, executed copy to the Divi-
sion."
6. A new paragraph K. is added to SECTION 1. DEFINITIONS,
to read as follows: "K. 'MAJOR DISASTER'- a disaster that will
likely exceed local= capabilities and require a broad range of
state and federal assistance."
7. The initial, unnumbered, paragraph of SECTION 2.
PROCEDURES, is revised to read:
When a Participating Government either becomes
affected by, or is under imminent threat of, a major
disaster, it may invoke emergency related mutual aid
assistance either by: (i) declaring a state of local
emergency and transmitting a copy of that declaration
to the Assisting Party, or to the Division, or (ii) by
orally communicating a request for mutual aid assis-
2
October 21, 1994
tance to the Assisting Party or to the Division, fol-
lowed as soon as practicable by written confirmation of
said request. Mutual aid shall not be requested by any
Participating Government unless resources available
within the stricken area are deemed inadequate by that
Participating Goverment. Municipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency Management Agencies. All re-
quests for mutual aid shall be transmitted by the
Authorized Representative or the Director of the Local
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement shall be limited to major disasters,
except where the Participating Government has no other
mutual aid agreement for the provision of assistance
related to emergencies or disasters, in which case a
Participating Government may request assistance related
to any disaster or emergency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2. PROCEDURES, paragraph C. REQUIRED =rom !-
TION, subparagraph, 6 is revised to read:
6. An estimated time and a specific place for a
representative of the Requesting Party to meet the
3
October 21, 1994
personnel and equipment of any Assisting Party.
This information may be provided on the form
attached as Exhibit "B," or by any other available
means. The Division may revise the format of Exhibit
"B" subsequent to the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Governments.
9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL-
EDGE, is revised to read:
I. WRITTEN ACENONLEDGEMEET- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the request, and shall transmit it
by the quickest practical means to the Requesting Party
or the Division, as applicable, for approval. The form
to serve as this written acknowledgement is attached as
Exhibit C. The Requesting Party/Division shall respond
to the written acknowledgement by executing and return-
ing a copy to the Assisting Party by the quickest
practical means, maintaining a copy for its files.
10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON-
NEL, is revised to read:
A. PERSONNEL - During the period of assistance,
4
October 21, 1994
the Assisting Party shall continue to pay its employees
according to its then prevailing ordinances, rules, and
regulations. The Requesting Party shall reimburse the
Assisting Party for all direct and indirect payroll
costs and expenses (including travel expenses) incurred
during the period of assistance, including, but not
limited to, employee pensions and benefits as provided
by Generally Accepted Accounting Principles (GAAP).
However, the Requesting Party shall not be responsible
for reimbursing any amounts paid or due as benefits to
employees of the Assisting Party under the terms of the
Florida Workers' Compensation Act due to personal
injury or death occurring while such employees are
engaged in rendering aid under this Agreement. Both
the Requesting, Party and the Assisting Party shall be
responsible for payment of such benefits only to their
own employees.
11. SECTION 7. TERM, is revised to read:
This Agreement shall be in effect for one (1) year
from the date hereof and shall be renewed in successive
one (1) year terms unless terminated upon sixty (60)
days advance written notice by the Participating Gov-
ernment. Notice of such termination shall be made in
writing and shall be served personally or by registered
5
mail upon the Director, Division of Emergency Manage-
ment, Florida Department of Community Affairs, Talla-
hassee, Florida, which shall provide copies to all
other Participating Governments. Notice of termination
shall not relieve the withdrawing Participating Govern-
ment from obligations incurred hereunder prior to the
effective date of the withdrawal and shall not be
effective until sixty (60) days after notice thereof
has been sent by the Director, Division of Emergency
Management, Department of Community Affairs to all
other Participating Governments.
12. SECTION 10. • EFFECT ON OTHER AGREEME
is revised to read:
Should any portion, section, or subsection of this
Agreement be held to be invalid by a court of competent
jurisdiction, that fact shall not affect or invalidate
any other portion, section or subsection; and the
remaining portions of this Agreement shall remain in
full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other mutual aid agreements, pursuant
to Section 252.40, Florida Statutes, or interlocal
agreements, pursuant to Section 163.01, Florida Stat-
utes,, those parties agree that said agreements are
6
superseded by this agreement only for emergency manage-
ment assistance and activities performed in major
disasters, pursuant to this agreement. In the event
that two or more parties to this agreement have not
entered into another mutual aid agreement, and the
parties wish to engage in mutual aid, then the terms
and conditions of this agreement shall apply unless
otherwise agreed between those parties.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "EXHIBIT An as
indicated in the attached EXHIBIT A. The document attached to
the Agreement entitled "REQUIRED INFORMATION" is revised to be
titled "EXBIBIT Bn as indicated in the attached "EXHIBIT B." The
document attached to the Agreement and entitled "ACXMOWLEDG T"
is revised to be titled "Ez uBIT On as indicated in the attached
"EXHIBIT C. n
14. This Modification shall become effective only as
between those counties and municipalities, and the State of
Florida, when they have actually executed a copy of the MODIFICA-
TION #1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
7
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF
OF
(County)
FLORIDA
By: BY:
Deputy Clerk Chairman
ATTEST:
CITY CLERK
By:
Guido H. Infanzo,
Title Villageter
A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
By:
Title
APPROVED AS TO FORM:
Office of the County Attorney
By:
CITY OF
FLORIDA
BY:
Key Biscayne
•
C. Samuel Kissinger
Title
APPROVED AS TO FORM:
Office of City Attorney
BY:
8
STATEWIDE MITI= AID1c ENr
EXHIBIT A
Date: April 12, 1996
Name of Goverzaent: Village of Key Biscayne
Riling Address: 85 West McIntyre Street
City, State, Zip: Key Biscayne; FL 33149
Authorized Representatives to Contact for Emergency Assistance:
prilmtry Representative
Name: John F. Fe s tom.
Title: Mayor
Address: 85 West McIntyre Street, Key Biscayne, FL 33149
Day Phone: (305) 365-5514
FAX No.: (305) 365-8936
Night Phone: (305) 361-3043
1,st Alternate Representative
Name:
C. Samuel Kissinger
Title: Village Manager
Address: 85 West McIntyre Street, Key Biscayne, FL 33149
Day Phone: (305) 365-5514
2nd Alternate Ret'resentative
Name: Michael J. Flaherty
Title:
Night Phone: (305) 365-9651
Emergency Services Director and Chief of Police
Address: 85 West Enid Drive, Key Biscayne, FL 33149
Day Phone: (305) 365-5555
Night Phone:.
9
$ZBIBIT B
STATEWIDE ¥UTUIL AID AGREEMENT
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
following information, to the extent known:
1. General description of the damage sustained:
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
10
REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and servic-
es:
11
REQUIRED INFORMATION (continued)
6.' An estimated time and specific place for a representative of
the Requesting Party to meet the personnel and equipment of any
Assisting Party.
12
EXHIBIT C
STATEWIDE MUTUAL AID AGREEMENT
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To Be Provided:
Resource Type
Amount Assignment Est. Time Arrival
2. Availability of Additional Resources:
3. Time Limitations, if any:
13