Loading...
HomeMy Public PortalAbout2023-02 Approving a Memorandum of Agreement between the City of Miami Fire Rescue Department, as the sponsoring agency of the South Florida Task Force 2 of USAR Response System and the VillageRESOLUTION NO. 2023-02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI FIRE RESCUE DEPARTMENT, AS THE SPONSORING AGENCY OF THE SOUTH FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND RESCUE (USAR) RESPONSE SYSTEM, AND THE VILLAGE AS A PARTICIPATING AGENCY OF THE TASK FORCE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Fire Rescue Department, as the sponsoring agency, is responsible for recruiting, training, equipment procurement and organizing members of the South Florida Task Force 2 of the National Urban Search and Rescue (USAR) Response System (the "Task Force"); and WHEREAS, the Task Force is designed to respond to a variety of disasters, such as hurricanes, floods, and hazardous material releases where victims may be trapped, lost or injured; and WHEREAS, the Village of Key Biscayne (the "Village") Fire Department has been a participating agency of this Task Force; and WHEREAS, the Village Council desires to enter into the updated and new Memorandum of Agreement attached as Exhibit `'A" to this Resolution (the "Agreement"); and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Ag•_reement Approved. The Village Council hereby approves the Agreement in substantially the form attached hereto as Exhibit "A." Section 3. Village Manager Authorized. The Village Manager is hereby authorized to execute the Agreement, in substantially the form attached hereto as Exhibit "A," subject to the Village Attorney's approval as to legal form and sufficiency. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 17th' day of ATTEST: :-1r3 \(0C)—) JO LYN B. OCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY 2 January , 2023. Exhibit A FL-TF2 Current & Anticipated Participating Agencies , Boca Raton Fire Rescue Boynton Beach Fire Rescue Broward Fire Academy Broward Sheriffs Fire Rescue Coconut Creek Fire Rescue Cooper City Fire Rescue Coral Gables Fire Rescue Coral Springs Fire Rescue Davie Fire Rescue Deerfield Beach Fire Rescue Delray Beach Fire Rescue Fort Lauderdale Fire Rescue Hallandale Beach Fire Rescue Hialeah Fire Rescue Hollywood Fire Rescue Hospital, tJM/Mercy/JMH Lakeland Fire Rescue Lauderdale Lakes Fire Rescue Margate Fire Rescue Miami Beach Fire Rescue Miramar Fire Rescue Monroe County Fire Rescue North Naples Fire Rescue Oakland Park Fire Rescue Palm Beach County Fire Rescue Palm Beach Gardens Fire Rescue Pasco Sheriff's Office Pembroke Pines Fire Rescue Pompano Beach Fire Rescue Sunrise Fire Rescue Tamarac Fire Rescue Tampa Fire Rescue Village of Key Biscayne Fire Rescue West Palm Beach Fire Rescue Q1ttp of 3J1Itami ARTHUR NORIEGA Qty Manager October 18, 2021 Fire Chiefs State of Florida Department of Fire Rescue Re• MOA-Urban Search and Rescue Florida Task Force 11 (USAR FLTF-2) Memorandum of Agreement justification for reading 2021 Dear Fire Chiefs: As we continue our partnership with your Firc Department, we are currently sending out a new Memorandum of Agreement (MOA). This MOA lasts several years which is in accordance with the FEMA Program Office mandate. For audit purposes and to be within the guidelines of FEMA we must have a continuous MOA on file with your department. The 2011 date as shown on the MOA is continuous from the previous MOA on file according to FEMA and City of Miami Commission. Please have your Agency Representatives review the completed packet. Then fill out and sign "Exhibit B", pages 1, 16 and 55. Once you have done this, please send it back to us for final approval and signature. Once the MOA is signed and approved, it will be sent to your Agency for your records. Thank you for your understanding of this matter. Please let me know if you need any additional information to facilitate your consideration of this request. •p©ctfully, Erik Sanchez, Fire Captain City of Miami Fire Rescue US&&R Program Manager Florida Task Force II U. S. Department of Homeland Security P: (305)416-5472 email: usarpm@miamigov.com SKD/ARF/JFZ Enclosures e: MOA letterhead from program manager DEPARTMENT OF FIRE-RESCUE/Adminutration 444 SW Second Avenue 1 Miami, FL 33130 I (305) 416-5402 / Marling Address. PO Box 330708 Miami, FL 33233-0708 Exhibit B MEMORANDUM OF AGREEMENT BETWEEN CITY OF MIAMI FIRE RESCUE AS THE SPONSORING AGENCY OF THE FLORIDA TASK FORCE 2 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND ( ) AS PARTICIPATING AGENCY OF THE TASK FORCE This "Agreement" is entered into on the day of , 20 , by and between the parties designated in Section 1, below, who agree that subject to all of the provisions of this Agreement, ( ) will serve as a Participating Agency for the Florida Task Force 2 of the National Urban Search and Rescue Response System. Each party further agrees that it assumes all of the duties and responsibilities assigned to that party under this Agreement and that so long as this Agreement remains in effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: 1.1 City of Miami Fire Rescue ("Sponsoring Agency"): 1151 NW 7 Street 3"d Floor, Miami, Florida 33136 (305) 416-5471 1.2 ( J ("Participating Agency") Name: ( ) Address: ( ) Telephone number: ( ) 2. RECITALS Sponsoring Agency and Participating Agency have entered into this Agreement in recognition of the following Recitals: 2.1 Sponsoring Agency is a cooperative party under a "Memorandum of Agreement" dated 09-1 1-2008 with the Federal Emergency Management Agency ("FEMA") and the State of Florida. A copy of the Memorandum of Agreement (the "FEMA MOA") is attached to this Agreement as Appendix "A" and incorporated by reference. 2.2 National Urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121 through 5206 (the "Stafford Act"), the U.S. Department of Homeland Security ("DHS"), acting through FEMA, operates the National Urban Search & Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each sponsoring agency is responsible for recruiting and organizing a Task Force consisting of individuals occupying certain specified positions plus additional support personnel, all of whom have been properly trained with the requisite skills and capabilities required for urban search and rescue operations and/or deployment of the Task Force. A Task Force may be deployed as a single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized Activations. Members of a Task Force may also be deployed as members of a management or other technical team. 2.4 Florida Task Force 2. The City of Miami Fire Rescue is the sponsoring agency for Florida Task Force 2 (the "Task Force") and is charged with, among other things, recruiting and organizing members for the Task Force. In the performance of its responsibilities, the Sponsoring Agency may enter into cooperative arrangements with federal, state, or local government entities, or non-profit or for-profit entities, to serve as participating agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated to enter into written agreements with those participating agencies and Affiliated Personnel settling forth the relationship between the parties. 2.5 Participating, Agency. Participating Agency desires to be a participating agency in the Task Force, subject to all of the provisions of this Agreement. Page 2 of 16 R05252021 2.6 Applicable Provisions. With respect to National Urban Search and Rescue Response System activities, this Agreement incorporates the provisions of Interim Final Rule, "National Urban Search and Rescue Response System," 70 Fed. Reg. 9182 (Feb. 24, 2005) ("Interim Final Rule"), attached as Appendix "B," as well as the provisions of the FEMA MOA, attached as Appendix "A." To the extent the Interim Final Rule is contrary to the FEMA MOA the Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject ("Final Rule"), the Final Rule shall supersede the Interim Final Rule in Appendix "B" and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. 3. AGREED TERMS AND CONDITIONS 3.1 Participating Agency. 3.1.1 Participating Agency agrees to provide personnel to serve certain designated positions on the Task Force as determined by Sponsoring Agency. 3.1.2 Participating Agency further agrees that Participants will meet the required qualifications for the positions to be filled, will receive the required training specified in this Agreement and will satisfy other conditions of preparedness and response as required by the Sponsoring Agency. 3.1.3 The Parties will cooperate with each other so as to facilitate achievement of the goals and objectives of the System as fully and completely as possible. 3.2 Third Party Liability and Worker's Compensation. 3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and worker's compensation as is afforded all Task Forces and their System Members under Federal law, the scope of which is generally described in Appendices "A" and "B." 3.2.2 Except as afforded by the Federal Government, the responsibility for risks associated with claims for third party liability and worker's compensation arising out of participation in the Task Force, either organizationally by the Participating Page 3 of 16 R05252021 Agency or individually by its Participants, shall be the responsibility of the Participating Agency and not under any circumstances, the responsibility of Sponsoring Agency. At all times, Participating Agency shall maintain in full force and effect, and provided proof thereof, for the benefits of its Participants and its other employees engaged in System activities, coverage for workers compensation and third -party liability to the full extent required by law. 3.3 Financial Provisions. 3.3.1 Preparedness Funds 3.3.1.1 In its sole discretion, Sponsoring Agency may distribute to Participating Agency such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FEMA. Any such distributions shall be subject to the requirements of the preparedness grants and the needs of the Task Force generally. 3.3.1.2 Any other funding received by Sponsoring Agency from sources other than the federal government may also be made available as Sponsoring Agency determines in its discretion. Sponsoring Agency shall make such distributions fairly and equitable taking into account the mission, goals and objectives of the Task Force and the needs of the Sponsoring Agency as compared to other proper needs and demands. 3.3.2 Response Funds 33.2.1 Sponsoring Agency shall promptly reimburse Participating Agency for response expenses that are authorized to be incurred by or for the benefit of Participants engaged in Task Force activities, upon receiving reimbursement for such expenses from the federal government. Such expenses must be properly ascertained, accumulated and reported to the Sponsoring Agency, and the funds to be utilized for payment must have been reimbursed by or on behalf of FEMA to Sponsoring Agency. 3.3.2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reimbursement package to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency's final Page 4 of 16 R05252021 cost reimbursement package shall be submitted to the Sponsoring Agency no later than 30 days after the end of the Personnel Rehabilitation Period established by FEMA. It is the Participating Agency's sole responsibility to include all eligible costs in its final cost reimbursement package. The Sponsoring Agency shall have no obligation to reimburse any costs not included in the final cost reimbursement package. Participating Agency's cost reimbursement package shall be prepared in conformance with applicable federal directives which Sponsoring Agency shall disseminate to Participating Agency. It is the Participating Agency's sole responsibility to ensure the timely and accurate submission of its cost reimbursement package. Cost reimbursement packages containing significant errors or that do not comply with applicable federal directives will be rejected at the Sponsoring Agency's sole discretion. 3.3.2.3 Participating Agency shall provide Sponsoring Agency with employee compensation information for its Participants at least annually, or as changes occur in compensation rates payable to Participants. That information and other pertinent Participant data required by Sponsoring Agency can be accessed at FLTF2.US. 3.3.2.4 To ensure proper reimbursement from FEMA, the compensation of Participants on the Task Force shall be in accordance with pay schedules and policies established by Appendix "B", from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules. 3.3.2.5 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant shall be reimbursed for costs incurred outside the scope of this Agreement. 3.3.2.7 Participating Agency is responsible for and will verify the accuracy of all cost information included in its cost reimbursement package. In the event FEMA audits Participating Agency's cost reimbursement package Page 5 of 16 R05252021 and determines that certain costs are ineligible for reimbursement, the Participating Agency will promptly return to the Sponsoring Agency any amounts received in connection with such ineligible costs within 30 days of written notice from the Sponsoring Agency. 3.4 Reporting and Record Keeping Requirements. 3.4.1 The Participating Agency shall provide the Sponsoring Agency with requested team member records within ten business days. 3.4.2 The Sponsoring Agency may issue a Task Force Picture Identification Card to team members. 3.4.3 Participating Agency shall ensure that any medical or other records and information that are afforded confidentiality under applicable law are protected from unauthorized disclosure. 3.4.4 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement. 3.5 Mandatory Minimum Requirements for Participation. Each Participant must satisfy all of the following for participation on the Task Force. 3.5.1 Each Participant shall be an employee in good standing of the Participating Agency. Entry-level employees who are probationary or in a similar status are not eligible. 3.5.2 Each Participant shall be of good character and shall not have been convicted of any felony or any other criminal offense involving moral turpitude. 3.5.3 Participants serving in a Task Force position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold the appropriate authorization, which must be current and validly issued. A copy of each document is required on file with the Sponsoring Agency. 3.5.4 Subject to any applicable FEMA standards, each Participant must meet the medical/fitness standards mutually agreed upon by Sponsoring Agency and Participating Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. Page 6 of 16 R05252021 3.5.5 Each Participant must be available on short notice and be able to respond on a mission for up to 14 days. 3.5.6 Each Participant must be capable of improvising and functioning for long hours under adverse working conditions. 3.5.7 Each Participant must receive such inoculations as are specified by the Sponsoring Agency. 3.5.8 Each Participant must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe working practices and procedures as required in the urban disaster environment. 3.5.10 Each Participant must have a working knowledge of the US&R System and the Task Force's organizational structure, operating procedures, safety practices, terminology and communication protocols. 3.5.11 Each Participant must have completed such courses of education and training and other requirements as the Sponsoring Agency shall specify. 3.5.12 Sponsoring Agency has the authority the immediately suspend or terminate a Participant's participation on the Task Force for failure to satisfy any requirement. 3.6 Clothing and Enuiement. 3.6.1 Sponsoring Agency will issue to each Participant certain items of personal protective clothing and equipment for use in Task Force activities and operations. In the event of Activation, Participant shall provide certain additional items of personal clothing and equipment. Item of clothing and equipment supplied by Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly whenever person ceases to be a Participant. It shall be the responsibility of the Participant Agency to ensure the return of all equipment issued. It shall be in serviceable condition or the Participating Agency will reimburse the Task Force for the cost of the equipment. 3.6.2 Subject to FEMA requirements, all uniforms will display the official patch of the Task Force and the official patch of the System, as specified by the Sponsoring Agency. The Sponsoring Agency shall specify the design of the uniform and any identifying insignia or markings. Page 7 of 16 R05252021 3.7 Command. Control and Coordination. 3.7.1 When a Participant has been Activated or has otherwise been placed at the direction, control and funding of FEMA, such as, for example, during participation in FEMA sponsored training, the ultimate authority for command, control and coordination ofthe service ofthe Participant reposes with FEMA exercised through the system chain of command. Subject to the principle just stated, the following provisions of this Section 3.7 govern the responsibilities of the parties with respect to supervisory, disciplinary and other specified aspects of the Participant's employment within the context of his/her participation on the Task Force. 3.7.2 Sponsoring Agency shall exercise direct supervisory authority over Participants during Activations, deployments and other activities of the Task Force conducted by Sponsoring Agency, but for disciplinary purposes, that authority is limited to temporary suspension or permanent exclusion from participation. In all other instances where disciplinary action may be necessary, Sponsoring Agency shall report the pertinent circumstances to Participating Agency, which shall cooperate with Sponsoring and shall administer discipline as appropriate in accordance with the Participating Agency's established rules and regulations. 3.7.3 Nothing in this Agreement is intended to, nor does it, affect the employer - employee relationship between Participating Agency and its employees who are Participants, and Participating Agency shall at all times continue to be fully responsible for all of its employment obligations to its employee Participants, including the compensation and benefits that the Participating Agency has agreed to provide. 3.7.4 While participating in System activities conducted by the Task Force, Participants shall be subject to and observe and comply with all lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force. Sponsoring Agency retains the right to suspend or exclude any Participant from participation on the Task Force for cause including failure to abide by the provisions of this Agreement. Page 8 of 16 R05252021 3.8 Media and information Policy.. 3.8.1 Subject to applicable law, including FEMA regulations and directives, all photographs and video taken during a deployment will be kept under the control of Sponsoring Agency until use in internal or external education programs or other dissemination is approved by FEMA. 3.8.2 All applicable federal, state, and local media policies will be strictly enforced and followed. 3.8.3 Subject to applicable rules and regulations, Sponsoring Agency will have the primary responsibility for coordination of media coverage and liaison with media sources and representative concerning activities of the Task Force. Sponsoring Agency shall endeavor to expose all Participating Agencies to favorable media coverage opportunities. 3.9 Rules of Conduct. 3.9.1 All Participants will be expected to abide by the rules of conduct established by FEMA and the Sponsoring Agency. 3.9.2 The failure of a Participant to abide by the rules of conduct constitutes may result in suspension or exclusion from the Task Force under Section 3.7 above. 3.10 Preparedness Activities. 3.10.1 Sponsoring Agency shall conduct Task Force management, administration, training, equipment procurement and other preparedness activities required by FEMA. Participating Agency and its Participants shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 3.10.2 Participating Agency cooperation may be required for specific training activities to be conducted, respectively, by Sponsoring Agency and by Participating Agency, including training, administration and reporting requirements. 3.10.3 As established by System directives but subject to the availability of federal funding, Sponsoring Agency shall procure and maintain required caches of equipment and supplies. The contents of these caches shall be utilized for deployments of the Task Force and, subject to federal rules and regulations, will be make available for training activities of Sponsoring Agency and Participating Page 9 of 16 R05252021 Agency. Participants shall use Task Force cache equipment and supplies only for authorized purposes and shall exercise reasonable care to protect and preserve the property against loss or damage. The Participating Agency shall be financially accountable for any Task Force property that is lost or damaged due to negligence or unauthorized use by the Participating Agency. 3.11 Notification Procedures and Other Communications. 3.11.1 Alerts and Activation. 3.11.1.1 Sponsoring Agency's commander/chief executive officer or his/her designee shall determine whether the Task Force is capable of and will respond to Activation Orders. 3.11.1.2 Participating Agency shall maintain at all times a "Point of Notification" for receipt of notices from Sponsoring Agency concerning possible deployments of the Task Force. The Point of Notification shall include 24 -hour telephonic and electronic capabilities. Information concerning the Participating Agency Point of Notification shall be set forth in Appendix "C". 3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt telephonic or electronic notice to Participating Agency's Point of Notification. The Notice shall designate the Task Force positions for which Participating Agency's Participants are being requisitioned, the location of the assembly point, and to the extent known, the nature and character of the Activation. 3.11.1.4 Participating Agency shall at all times maintain the capability of providing requisitioned Participants for participation on a deployment of the Task Force. 3.11.1.5 Upon receipt of an Activation Order for the Task Force, Participating Agency shall cause the required Participants to respond to the assembly point designated in the notice. Page 10 of 16 R05252021 3.11.2 Mobilization. 3.11.2.1 All requisitioned Participants will respond to the designated assembly point within two hours of notification with all required personal clothing and equipment and required documentation. 3.11.2.2 Participating Agency will select its Participants through a pre- established selection system that ensures the requisition is promptly filled with fully qualified Participants. 3.11.2.3 Selected Participant will be subject to a pre -deployment medical screening. Any Participant who fails the screening will not be deployed. 3.11.2.4 Sponsoring Agency retains the sole right to determine which Participating Agency personnel, if any, will respond with the Task Force when Activated. 3.11.3 Other Communications. Sponsoring Agency will remain in contact with Participating Agency through the web -based communication system if conditions allow. 3.12 Critical Incident Stress Syndrome ("CISS") and Management. 3.12.1 Sponsoring Agency will have primary responsibility to provide CISS training, intervention and support, before, during and after Activation. 3.12.2 Costs incurred for unauthorized CISS activities are not eligible for reimbursement. 4. GENERAL PROVISIONS 4.1 Term. This Agreement shall be effective on the date first written above and shall continue in effect for ten years thereafter unless terminated earlier in accordance with Section 4.4. 4.2 Authority. As more specifically indicated above and below, this Agreement is made (a) pursuant to the provisions of the Interim Final Rule or the Final Rule; and (b under the authority of Florida law, in furtherance of the purposes of the National Urban Search and Rescue Response System. 4.3 Contents of the Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any: Page 11 of 16 R05252021 4.3.1 Appendix "A" — The currently effective Memorandum of Agreement between FEMA, the State of Florida, and Sponsoring Agency, by which City of Miami Fire Rescue is appointed as and has agreed to serve as Sponsoring Agency for the Task Force. 4.3.2 Appendix "B" — The federal regulations published on February 24, 2005 in the Federal Register as the Interim Final Rule at Vol. 70, No. 36, pages 9182-9203. 4.3.3 Appendix "C" — Participating Agency's Point of Notification. 4.4 Amendments and Termination. 4.4.1 Except as otherwise expressly provided, this Agreement may be modified or amended only by another written agreement approved and executed by both parties, and all such amendments will be attached to this Agreement. 4.4.2 Termination. The Agreement may be terminated by either party upon 30 days written notice, except that Participating Agency may not terminate this Agreement without the written consent of Sponsoring Agency during any time interval when the Task Force has been placed on Alert status or has been Activated if the Alert or Activation affects Participants of the Participating Agency. 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Participating Agency set forth in this Agreement are non -delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency. 4.5.2 Except and to the extent federal law controls, this Agreement shall be construed and enforced, as between the parties, according to the laws of the State of Florida. 4.5.3 No party shall engage in any conduct or activity in the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state or local law, rules and regulations. 4.5.4 Each party shall at all times observe and comply with all applicable federal, state and local laws, rules and regulations. 4.5.5. Except as provided otherwise with respect to emergency notifications, if it is necessary for the purpose of this Agreement for one of the named parties to give notice to the other named party, notice shall be in writing with the expenses of Page 12 of 16 R05252021 delivery or mailing fully prepaid and shall be delivered by personal service or a form of public or private mail service requiring proofofdelivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing in accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1.2 of this Agreement. 4.5.6 Titles and section headings are for convenience only and are not a part of the parties' Agreement. 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable law, the provision shall, to the extent required, be severed from the remainder of the Agreement which shall continue in full force and effect. 4.5.8 This Agreement and its provisions are binding upon and inure to the benefit of the parties and to their respective successors in interest, provided, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by Participating Agency. 4.5.9 This Agreement is made for the sole and exclusive benefit of the named parties and their lawful successors in interest, and no other person or entity is intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a third -party beneficiary of this Agreement. 4.5.10 Neither the United States of America nor the State of Florida is a party to this Agreement. 4.5.11 Each person executing this Agreement represents that: he/she was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; execution of the Agreement was duly and regularly authorized by the party's governing body; and, to the person's best knowledge and belief the Agreement is a binding and enforceable obligation of the party on whose behalf he/she acted. 4.5.12 Each party represents to the other: that the party has fully read and understood all of the provisions of this Agreement including the Appendices and other attachments, if any; that the party has secured and considered such legal Page 13 of 16 R05252021 advice and other expert counsel as the party deemed necessary and advisable for these purposes; and. That in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.13 This Agreement, including the Appendices and attachments, if any, constitutes the entire agreement between the parties and it supersedes any prior agreements on this matter. 4.5.14 This Agreement supersedes and replaces in its entirety any existing agreement by and between the parties relating to Florida Task Force 2 of the National Urban Search and Rescue Response System as of the date of this Agreement. 4.5.15 Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. SIGNATURE PAGE FOLLOWS Page 14 of 16 R05252021 ATTEST: Sponsoring Agency CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Department of Risk Management Page 15 of 16 R05252021 ATTEST: Participating Agency Name: Name: By: Title: By: Title: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Page 16 of 16 R05252021