HomeMy WebLinkAboutResolution_32-95/96_08/08/1996 RESOLUTION NO. 32 -95/96
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
• VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING THE VILLAGE TO ENTER
INTO A STATEWIDE MUTUAL AID AGREEMENT WITH
THE STATE OF FLORIDA AND OTHER
MUNICIPALITIES AND COUNTIES WITHIN THE
STATE.
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Village of Tequesta to enter into mutual aid agreements for
reciprocal emergency aid and assistance in emergencies too
extensive to be dealt with unassisted; and
WHEREAS, the Village Council of the Village of Tequesta
deems it necessary and desirable and consistent with the best
interests of the citizens and residents of the Village of
Tequesta to enter into a Statewide Mutual Aid Agreement with
the State of Florida, Division of Emergency Management and
with each political subdivision of the State entering into
this agreement.
NOW, THEREFORE, be it resolved by the Village Council of the
Village of Tequesta, Palm Beach County, Florida as follows:
Section 1. The Village of Tequesta hereby adopts the
Statewide Mutual Aid Agreement for Catastrophic Disaster
• Response and Recovery as amended by Modification #1 to the
Statewide Mutual Aid Agreement dated October 21, 1994. A
copy of the Agreement is attached hereto, marked Exhibit "A"
and made a part hereof.
Section 2. The Village Mayor is hereby authorized to sign
and execute said agreement for and on behalf of the Village
of Tequesta, and the Village Clerk shall attest and affix
thereto the Village Seal.
Section 3. The Village Manager is hereby authorized to do
all things necessary to carry out the purpose and intent of
this Resolution.
Section 4. The Village Clerk is hereby directed to forward a
certified copy of this Resolution to the State of Florida
Division of Emergency Management; to the Palm Beach County
Division of Emergency Management; to the Mayors of those
municipalities located in close proximity to the Village of
Tequesta and to all parties having and interest herein.
Section 5. The resolution shall take effect immediately upon
adoption.
THE FOREGOING RESOLUTION was offered by Councilmember
• Meder , who moved its adoption. The motion
was seconded by Councilmember Schauer , and
upon being put to a vote, the vote was as follows:
• FOR ADOPTION AGAINST ADOPTION
Carl C. Hansen
Ron T. Mackail
Michael R. Meder
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this 8th day of August , 1996.
MAYOR OF TEQUESTA
ATTEST:
•
ann Mangani to
Village Clerk
•
11-77�- -i- 7
• ��
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES JAMES F. MURLEY
Governor Secretary
October 2, 1996
Mr. Stephen J. Allison, Chief of Police
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469 -0273
Dear Mr. Allison:
Enclosed for your recGr ds is a copy of the executed Statewide Catastrophic Disaster
Response and Recovery Mutual Aid Agreement and Modification #1, between the Village of
Tequesta and the State of Florida, Division of Emergency Management. The Village of
• Tequesta's participation in the Mutual Aid Agreement will further enhance Florida's ability to
plan for, respond to, and recover from a future disaster. This type of team building effort to
achieve a comprehensive emergency management program is greatly appreciated.
The listing of all approved jurisdictions participating in the Statewide Mutual Aid
Agreement is available, if you would like to receive a copy, please call Janice Jones at
(904) 413 -9974 and one will be sent to you. Thank you for your prompt attention to this
agreement.
Sincerely,
9 �TA • 7111�-
Joseph F. Myers, Director
Division of Emergency Management
JFM .
Enclosure
cc: B. T. Kennedy, Jr.
2555 S H U M A R D OAK BOULEVARD • TALLAH FLORIDA 32399-2100
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE P.O. Box 4022 FIELD OFFICE
2796 Overseas Highway, Suite 212 8600 N.W. 36th Street 155 East Summerlin
Marathon, Florida 33050 -2227 Miami, Florida 33159 -4022 Bartow, Florida 33830 -4641
F Tf
v p'nr' G
VILLAGE OF TEQUESTA
Post Office Box 3273 • 357 Tequesta Drive
o` Tequesta, Florida 33469 - 0273 • (561) 575 - 6200
Fax: (561) 575 -6203
P7ch cou ty
Sept. 11, 1996
Mr. Joseph F. Myers
Director
State of Florida Division of Emergency Management
Office of Emergency Operations and Planning
255 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
RE: Village of Tequesta Resolution No. 32- 95/96; Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and RecoveryAgreement
Dear Mr. Myers:
• Enclosed, please find two (2) certified copies of Village of Tequesta Resolution No. 32 - 95/96 -
Authorizing the Village of Tequesta to Enter Into a Statewide Mutual Aid Agreement with the
State of Florida and Other Municipalities and Counties Within the State - and two (2) originals
of said Agreement (Exhibit "A "), with Letter of Insurance confirmation attached, which have been
executed by the Mayor on behalf of the Village Council and attested to and sealed by the Village
Clerk upon approval by the Village Council on August 8, 1996.
Upon approval of the Agreement by the State of Florida Division of Emergency Management,
please provide me with a fully executed original document for Village records. Thank you.
Sincerely,
c -_-
Joann Manganiello
Assistant to the Village Manager /Village Clerk
1 1 i
Enclosures - 4
c: Thomas G. Bradford, Village Manager
• Stephen J. Allison, Chief of Police
R qrclol i ,pe
RESOLUTION NO, 32 -95/96
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
• VILLAGE OF TEQUESTA, PALM BEACH COUNTY, crti
FLORIDA, AUTHORIZING THE VILLAGE TO ENTER c>aJ
FTI INTO A STATEWIDE MUTUAL AID AGREEMENT WITH INTO
STATE OF FLORIDA AND OTHER
MUNICIPALITIES AND COUNTIES WITHIN THE
STATE. -_
t.o GJ /r
WHEREAS, Chapter 252, Florida Statutes, authorizes
Village of Tequesta to enter into mutual aid agreement sLJ fd
reciprocal emergency aid and assistance in emergencies too
extensive to be dealt with unassisted; and
WHEREAS, the Village Council of the Village of Tequesta
deems it necessary and desirable and consistent with the best
interests of the citizens and residents of the Village of
Tequesta to enter into a Statewide Mutual Aid Agreement with
the State of Florida, Division of Emergency Management and
with each political subdivision of the State entering into
this agreement.
NOW, THEREFORE, be it resolved by the Village Council of the
Village of Tequesta, Palm Beach County, Florida as follows:
Section 1. The Village of Tequesta hereby adopts the
Statewide Mutual Aid Agreement for Catastrophic Disaster
• Response and Recovery as amended by Modification #1 to the
Statewide Mutual Aid Agreement dated October 21, 1994. A
copy of the Agreement is attached hereto, marked Exhibit "A"
and made a part hereof.
Section 2. The Village Mayor is hereby authorized to sign
and execute said agreement for and on behalf of the Village
of Tequesta, and the Village Clerk shall attest and affix
thereto the Village Seal.
Section 3. The Village Manager is hereby authorized to do
all things necessary to carry out the purpose and intent of
this Resolution.
Section 4. The Village Clerk is hereby directed to forward a
certified copy of this Resolution to the State of Florida
Division of Emergency Management; to the Palm Beach County
Division of Emergency Management; to the Mayors of those
municipalities located in close proximity to the Village of
Tequesta and to all parties having and interest herein.
Section 5. The resolution shall take effect immediately upon
adoption.
THE FOREGOING RESOLUTION was offered by Councilmember
'�Ieder , who moved its adoption. The motion
• was seconded by Councilmember Schauer and
upon being put to a vote, the vote was as follows:
• FOR ADOPTION AGAINST ADOPTION
Carl C. Hansen
Ron T. Mackail
' Michael R. Meder
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed and
adopted this Sth day of August , 1996.
MAYOR OF TEQUESTA
ATTEST:
•
1 HEIPEBW CERTIFY THE ADM AND FOK.GONG
J6ann mangani6lilo IS A TAW' AND CORD CT 0. APP EMING FROM
Village Clerk TWE RECORDS INTHE VILLAOE CUERK OFFICF, VIWNGE
OF UQUESSTA, FLORIDA AND AFFIX Tliir.
OFFICIAL SEAL THIS Im or-Q Is
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"4 71�'N C��LLV7, FC,'LEW,
RUG- 01 -19% 17:16 GENERAL ACCIDENT 407 660 5060 P.e2102
A a .�
2601 Wvsthall Lane,
F0 Box 94:)(101
General Accident 40 7- 660
August 1, 1996
Chief Stephen Allison
village of Tequestra Police Department
P. O. BOX 3273
Tequestra, F1 33469 -3273
Re: Mutual Aid Agreement
Dear Chief Allison,
Your commercial general liability and commercial
automobile coverages are comprehensive in nature. Coverage
in response to the Mutual Aid Agreement is applicable as per
the conditions and exclusions of the policy.
Best regards,
Eileen Clarkson
Commercial Underwriting
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Gencral Accident Irsuv ax Company of Atncrica, The Camdan Firc inautvucc Asnotiatiun, Potuu,ar }n.uranm (:cmlmny of Tlhnoir, Pctw.<< kartia
General Insurance- Company, CA ineorancc Cn: pnr.y of New York, General Amirance Compan), F(; la.uranrr l:orniran� of N w )'>rk
TOTAL P.nP
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STATEWIDE MUTUAL AID AGREEMENT Qq
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FOR CATABTROPRIC DISASTER RESPONSE AM RBCOVBRY
Mrj
THIS AGREEMENT IS ENTERED X M BE TWE EN THE STATE OF FLORIDA,
CO
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
SUBDIVISION OF THE STATE -THAT EXECUTES AND ADOPTi'THE TERMS A�D
CONDITIONS CONTAINED HERZINj BASED UPON THE FOLLOWING FACTS:
WHEREAS,, the State Emergency Management Acto Chaptek 252,
Florida Statutes* authorizes the state and its political
subdivisions to develop and enter into mutual aid agreements for
reciprocal emergency aid and assistande in case of emergencies
too extensive to be dealt w.ith unassisted; and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privilege's, and immunitiei 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 prolitical subdivision of the state any real or
personal property of the state government or the temporary
transfer or employment of personnel of the state
governmen.t to or by any -political subdivision of the state; and -
WHEREAS, chapter -252, Florida Statutes, authorizes the
governing body of each political subdivision of the state
to enter into such contract or lease with -the state,, accept any
such loan, or employ such personnel, and such political
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subdivision may equip, maintain, �utilize., and operate any such
propertj and employ necessary personnel therefor in accordance.
with the purposes for which such coniract is executed, and to
otherwise do all things and perform any and all acts which it may
deem necessary to effectuate the purpose for which such contract
was entered into: and
WHEREAS,, Chapter 252, Florida Statutes, authorizes the I
Division of Emergency Management to make available any equipment,,
iervicess or facilities owned or organized by the state or its
political subdivisions for use in the affedted area upon request
of the duly constituted authority of the area or upon the request
of any recognized and accredited relief agency through such duly
constituted authdrity; and
WHEREAS, Chapter 252,, Plorida. Statutes, authorizes the
Division of Emergency Management to call to duty and otherifise
p;ovide, 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
WHEREASj Chapter 2528 Florida Statutes, requires that each
municipality must coordinate requests for or federal
emergency response assistance with its county; and
WHEREASj the State of Florida is geographically vulnerable
to hurricapeal tornadoest freshwater floodinge sinkhole
0
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 facilitiest ana
Wi(EREAS, the Parties,to this Agreement recogpize 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 occuri and
WHEREAS, to provide the. most 6ffective mutual aid possible,
each Participating Government, intends to foster communicationst
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.
A. 11AGREEKENT11 the Statewide Mutual Aid Agreement for
Emergency Response/Recovery. Political subdivisions of the State
of Florida may become a party to this Agreement by executing a
copy of this Agreement and providing a copy with original
signatures and authorizing resolution(s) to the State of Florida
Division of Emergency Management. Copies of the agreement with
original signatures and copies of.authorizing resolutions and
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insurance letters shall be filed and maintained at the Division
headquarters in Tallahas see, Florida.
Be "REQUESTING PARTY" - the participating go�ernment
entity requesting aid in the event of an emergency. Eac�
municipality muit coordinate requests for state or federal
emergency response assistance through tts,county.
C. 11ASSISTING PARTY" - the participating government entity
furnishing equipment# services and/or manpower to the Requesting
Party.
D. 11AUTHORIZED RSPRBSENTATIVE" - an employee of a
-nq by-thai government
participating government authorized in Writi
to requeste 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.
B. 1101VISIOW1 - the State of Florida,, Department of
community Affairsi Division of Emergency 4anagem6nt.
V. "EMERGENCY11 - any ocdurrence, or threat thereof,
whether naturall'or caused by man,, in war or in peace, which
results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
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0, 48DIGAOTER11 - any natural,, technological, -or civi.l.
emergency that causes d4mage of sufficient severity and magnitude
to result in a declaration of a state'of emergency by a 'county,
Governore or the President of the United States.
He 11PARTICIPATING GOVZRNMENT's 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.
10 "PERIOD OF ASSISTANC211 - the period of time beginning
with the departure of any personnel of the Assisting Party from
any point for the purpose of traveling to the Requesting Party in
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing
the assistance- requested,, to their residence or regular 61ace of
work, whichever occurs first, The pertod 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 �*r their safe arrival at or retu '
rn from the
Requesting Party.
170 "WORK OR WORK-REUTED, 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 P&Ay will reimburse the Assisting
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Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
active work within a reasonable time. specifically excluded from
such period of time are breakfast,.lunch, and dinner breaks.
SECTION 2. PROCEDURES
When a participating government: either becomes affected by,
or is under imminent threat of, an em9rgency or disaster, it tay
invoke emergency related mutual aid assistance either by: (i).
declaring a state of local emergency and transmitting a copy of
that declaration to the Assisting Party, or to the Division, or
(ii) by orally communicating a request for mutual aid assistance
to Assisting Party - or'to the Division, followed as soon as
practicable by written confi=.ation of said request. Mutual aid
shall not be requested by Participating Gover7�ments unless
resources available within the stricken,area are deemed
inadequate by the Local Emergency Management Agency. All
requests for mutual aid shall bd 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 th.is Agreement shall be limited to catastrophic
disasters,, except where the Participating Goverment has no other
mutuai,aid agreement based upon section 252-40 or 163.01, Florida
6
Statutes, in which case a tarticipating Government may request
assistance pursuant to the provisions of this agreement.
A. RtQVBSTB 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 Assis.ting Party. Each party
shall be responsible for keeping' the Division advised- of the
staius of the response activities. Th'e Division shall noi be
responsible for costs associated with such direct requests for
assistance.* However; the Division may provide, by ruleg for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section
252.373, Florida Statutes.
B* REQUESTS ROUTED THROUGRe OR ORIGXNATIVG FROM# TU
DIVXSIONs The Requesting Party may directly contact the
Division, in which case it shall provide the Division with the
information in paragraph 6 below. The Division may then contact
other Participating Governments an behalf of the Requesting Party
and coordinate the provision of mutual aid. T he Division shall
not be repponsible 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 Siate of Florida be
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responsible for costs associated with assistance in the absence
of appropriated funds. Xn all casest the partV receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing as6istance pursuant to the
provisions of this Agreement.
Ce , 'RXQUIRZD INTORKATIONS Each request for assistance
shall be accompanied by the following information, to the extent
known;
1. A general description bf the damage. sustained;
2. Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering# building,. inspection, planning and inforiation
assistance, mass care, resource support, health and otier 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,
street a, or storm.water sys tens) and the type of work assistance
needed;
4. The amount and type of personnelg, equipment,, idaterials,,
and supplies needed and a reasonable estimate of the length of
time they will be peeded,*
N r A
S. The need -for sites, structures or buildings outside the
Requesting Partyls political subdivis.ion to serve as relief .
centers or staging' areas for incoming emergency goods and
services; and
.6. A specific time and place.for a representative qf the
Requesting Party to meet the personnel and equipment of any
Asaisting' 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 executicn, of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSBBSXRM OF AVAILABILXTY OF RESOURCES AND ASUPITY To
RENDER ASSISTANCE: 'When contacted by a Requesting Party or the
Division t.�e 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, pquipment or
other res6urces, they shall so notify the Requesting Party or the
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Division, whichever communicated the request,, and provide the
information below. The Division shall, upon riiponse from
sufficient participating parties to meet the needs of the
Requesting. Pirty,, notify the authorized representative of the
Requesting Party and provide t6m with the fol�owing information,
to the eXtent knownt
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 experiehce and -abilities of the personnel.
and the capability of the equipment to be furni�.hed;
4. The name of the person or persons to be design&ted as
supervisory personnel; and
5. The estimated time when the assistance provided wil.1
arrive at the location designated by the authorized
representative of the Requesting Party.
8, SUPERVISION AND CONTROW 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 r-upervision and control of said personnel,
equipment and resources shall remain with the designated
supervisory persbnnel of the Assisting Party. Representatives of
the Requesting Party shall provide work tasks to the supervisory
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personnel of the Assisting Party. The designated supervisory
personnel of the Assisting Party shall have the respon-sibility
and authority for assigning work and establishing work schedules
for the -personnel of the Assisting Party, based on task or
mission assignmintsi provided by the Requesting Party and the
Division. The designated. supervisory personnel of the Assisting
Party shall: maintain daily personnel time records# material
records and a log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to the Requesting Party The Assisti49 Party's personnel and
other resources shall remain subject to recall by the Assisting
Party at any time, subject- to reason*able notice to the Requesting
Party and the Division. At least twenty-four hour advance
notification of intent to iithdraw 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...
7, FOOD; ROUSING$ 88LIP-SUMMUCT Unless specifically
instructed otherwise, the Requesting Party shall have the
responsibility of providing food and housing for the personnel o'f
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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greatest possible, self-sufficient for op orations in areas
stricken by emergencies or disasters. The Requesting Party may
specify'only self-sufficient personnel and resources in* its
request for- assistance.
00 COMMUNICATIONS: Unless specifically instructed
ptherwise, the Requesting Party shall have the responsibility 6r
coordinating communications between the personnel of the
Assisting Party and the Reques.ting Party. Assisting Party
personnel sho4ld be prepared to furnish communications 'equipment
sufficient to maintain communicati'ons among their respective
operating units.
H. RIORTS AM PRIVILZGEB wh�never the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the poweri, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
1. WRITT9N ACKNOWLEDGEMBNT The Requesting Party shall
covaplete 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 attacheid as
Attachront. C. The Requesting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to thik
12
Requesting Party by the quickest practical means, maintaining a
copy for its files.
SECTION 3. BLE 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 A.ssisting Parties and specified in the written
acknowledgment executed in accordance with paragraph -2.1. of ' this
A,greement. The Requesting Party shall be ultimately responsible
for reimbursement of all reimbursable expenses.
A. PERSONNEL - During the period of assistance, the
Assisting Party shall'oontinue 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 payr911 costs and expenses incurred dUring
the period of assistance, including# but not limited tor employee
pensions and benehts as provided by Generally Accepted
Accounting Principles (GAAP). �%e Requesting Pax -Ey shall
reimburse any amounts paid or due for compensation ic employees
of the Assisting Party under the terms of the FloridaWorkersf
Compensation Act due to personal injux-j or death -occurring while
such employees are engaged in renderifig aid under this Agreemient.
Whil.e providing services to the Requesting Party, employees of
the Assisting Party shall.be considered "borr6w servants" of the
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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 workerst companisation.
benefits required to be paid to its'employeas due to personal
.injury or death, the Division, and both the_Requesting and
Assisting Party shall enjoy immunity from civil prosecution a's-
provided for in the Florida Workers, Compensation Act.
B. ZQUXPXBNT - The Assisting party shall be reimbursed.by
the Requesting Party for the use of its equipment during the
peri.od of assistance according to either a pre -established local
or stat6 hourly rate or according to the act'ual replacement,
operation, and maintenance expenses incurred. For thoge
instances in which costs are reimbursed by the Federal Emergency
Management Agency,, the eligible direct costs shall be determined
in accordance with 44 CPR 206.228. The Assisting Pairty sh*all pay
for all repairs to its equipment as determined necessary by its
on-site supervisor(s) to maintkin such equipment in safe and
op . erational condition. At the request of the Assisting Party,
fuels, miscellaneous supplies, and minor repairs may be provided
by the RequestXng Party, if practical. The total equipment
charges to the Requesting Party -shall be reduced by the total
value of the fuels, suppli4s* and rep airs furnished by the
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Requesting Party and by the amount of -any insurance proceeds
I
received by the Assisting Party.
C. MATERIALS MD 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 materialsg labor and
supplies, which shall be included in the. equipment rate
established in 3.B. above,, unless such damage is caused by gross
negligencer willful and wanton misconduct, intentionil misuse, or
recklessness of the Assisting Party's personnel. The Assisting
Party*s Personnel shall use reasonable care under the
circumstances in the operittion and control of all materials and
supplies iised by them during the period of assistance. The
C, measure of reimbursement shall be determined in accordance- with
44 CPR 206.229.. In the alternative, the Parti" may alree that
the Requesting Party will replacei with like kind and quality as
determined by the Assisting Party, the materials and supplies
used or damagad. If such an agreement is madej, it shall be
reduced to writing and transmitted to.the Division.
Ve RECORD REEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the 'Requesting
Party or the Division using format used or required by rm
publications, including 44 CPR part 13 and applicable office of
Manag4ment and Budget Circulars. Requesting Party and Division*
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finance personnel shall 'provide Linformationt directions, and
assistance fo.r record keeping to Assisting Party personnel.
S. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.1. or a adbsequent, written addendum to.the ackz�owledgement, the
Assisting Party shall bill the Requesting Party for ill
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 eitended in accordance with 44
CPR part 206. The Requesting Party shall pay the bill, or advise
of any disputid items, not later than six'ty (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
personnql,. equipment and resources provided to a Recluesting
Party.
70 PAYMENT BY OR THROUGH THE DZVZBXON: The Division of
zmergency management may reimburse for all actual and necessary
travel and subsistence expen.ses for personnel providing
assistance pursuant to the request of the Division, to the extent
of funds available, and contingent upon ark annual appropriation
from the Legislature for such purposes. The Assisting Party
shall be responsible for valcinq i4ritten 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 PENA. 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 X4nagement
Preparedness and Assistance Trust Fund established pursuant t9
Section 252.373, Florida Statutes, in the event that the disaster
or emergency event is not declared pursuant to the. R6bert T.
Stafford Disaster Relief and Emergency Assistance Act, Pablic Law
93-288,, as amended by Public Law 100-707. Such applications
17
Ee
-shall be evaluated purAuarit to rules edtablished by* the Division,
and may be -funded only to.the extent of available funds.. siccTioN
SECTION 4. IHSMNCE
Each participating government shall beiar the risk of its own
actions, as it does 'with its day-to-day operations, and determine
ior itself what kinds of insurance, and in what amounts,, it
should carry. If a participating government is insured, its f ile
shall contain a letter from its insurance carrier autharizing-it
to provide and receive assistance under this Agreement,, and
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or. liability. If. a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attabhed to the executed copy of this Agreement which is
filed with the Division. Each Asiisting Party shall be solely
responsible for determining that its insurance is current and
adequate prior to providing assistance under this agreement. The
aidount 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 exTerienced
in rendering assistance pursuant to this Agreement.
SECTION 5. MABILITY
0
�o the extent pdrmitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
.responsible for any and all claimst demands, suits, actions,
damages, and causes of action related to or arising out of or in
any waj connected with its 6wn 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 Go LENGTH OF TIME YOR -ZI=ENCY
The durat-ion c�f such state of emergency decl�red by the
Requesting Party is limited to seven (7) days. It may be
extended# if necessary, in 7 day increments.
SECTION 7. T=
. This Agreemenj: shall be in ef feet for one (1) year from the
'date hereof and shall. automatically be renewed in successive one
(1) year terms unless terminated in writing by the participating
government. Notice of such terminati6n shall* be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Emergency Managementj, Florida Department of
Community Affairs,, Tallahassee, Florida, which shall provide
copies *to ill other Participating Parties.
SECTION a AXPEC-T13M 1 DATE OF THIS AMMBNT
This Agreement shall be in full force and eff ect upon
approval by the participating goverment and upon proper
execution hereof.
19
ACWJI U. 39%
SECTION 9. 801A OF DIMISION OF ZHERGEN
The responsibilities the Division of Emergency Management,
. Florida Department of Community Affairs under this Agreement are
to., (1) request mutual aid on behalf of a participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as -the
eligible entity for requesting reimWrsement of eligible costs
from FEMA,, upon a Presidential disaster declaration; (4) serve as
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their
Authorized Representative and contact informatiqn, and to provide
a copy of the listing to each of the Participating Governments on
an annual bas.is during the second quarter of the calendar year.
SECTION 10.. fiEVZRAjjI=_L.3ZFXCT QH QMB AGREEMS
Should any portion,, section, or subseciion of ihis Agreement
be hold to be invalid by a court of competent jurisdiction,, that
fact shall not affect or invalidate any other portiono 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 agreementst pursuant to Section 252.40,
Florida StatUtes, or interlocal agreements, pursuant to section
20
I
163.01, Elarlda Statute,%,- 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 dvent that two or
more parties to this agreemebt havd not entered into another
mutual aid agreement,* and the parties wish to engage in mutual
aid,. then the terms and conditions of this agreement shall apply.
unless otherwise agreed between those parties.
21
tMERGENCY MRGEMENT 561 689 6690 P.02
Wj
IN WITNZS$ WHIC
P&Vttss set forth below Uef* duly
ex C ted this. Aqrsement on the datj set f0vt 'be
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APPROVED AS To
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22
W]
muTuAL AID AGREEMENT
FOR EMERGENCY RESPONSEIRECOVtRY
APPENDix A
Date: July 17th, 1996
Name of Government: Village of Tequesta
Mailing Address: P. 0. Box 3273
city, State, Zip: Tequesta, FIL 33469-0273
Authorized Representative to Contact for Emergency Assistance:
Prlma[y R@presentatlye
Name: Stephen J. Allison
Title: Chief of'Police
Address: 357 Tequesta Drive
rn
Cr%
P,
GDO
rM
�00 rn
Day Phone: 561-575-6215 Night Phone: 561-575-6210
FAX No.: 5191-575-6218
Ist Alte[nate Representative
Name: Thomas G. Bradford
Title: Village Manager
Address: 357 Tequesta Drive
Day Phone: 561.;575-6201 Night Phone: 561-575-6210.
FAX No.: 561-575-6203
2nd A1tq[najv-&gregenjatLyq
Name: James W. Weinand
Title: Fire Chief
Address: 357 Tequesta Drive
Day Phone, 561-575-6255
Night Phone: 561-575-6210
FAX No.: 561-675-6203
ADrU IL ]"A
REQUIRXD INFORHATXOX
Each request for. assist&nce shall -be accompanied by the
.following informations to the extent known:
1. General descrIption of the damage sustained:.
2o Identificatio n of the emergency service function for which
assistance is rieeded (e.g. fire, law enforcement, emergency
medical, transportation, - communications, public works and
enqineering, building, inspection, planning and information
assistance, mass cars, resource supports health and other medical
services$ se.arch and rescue, ate.) and the particular ine of
assistance nee4ed:
24
WIUM
REQUIPtiD INFORMATION (continued)
3.. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sAwer,, potable water,,*
streets, or storm water systems) and the type of work assistance
needed:
4. The -amount and type of personnel, e4uipment, materials., and
supplies needed and a reasonable estivate of the length of tits
they will be needed:
5. The need for sites# structures or buildings outside the
Requesting Party0s. political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
services:
25
II
REQVIRED INFORHATION (continued)
6. ' A specific tim6 and place for a representative of th�
Requesting Party to meet the personnel and equipment of any
Assisting Party.
26
AKI I z?- IM
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To.Be Provided:
Resource Type Amount Assignment Est. Time Arrival
2. Availability of Additional Resources:
3. Time Limitations, if any:
27
October 21, 1994
MODIFICATION #1 TO STATEWIDE MUTUAL AID, AGREEMENT
WHEREAS,. the undersigned ewdrity/Municipality (strike one)
along with the Department of Community AffAires Division of
Emergency management (Dtli) and various other 'counties and aunici-
palities in the State of Florida# has entered into the Statevide
mutual Aid Agreement for catastrophic Response" and Recovery (the
Agreement)-; and
WHEREAS, the part108 to the Agreement are desirous d;t
amending the Agreements to revise provisions regaroing the'
handling of workers* compensation claims and to clarify and
correct certain other terms and conditionst
NOW, THEREFORE,, the undersigned signatories agree:
1. The title of the Agreement is revised to reads "State-
wide Mutual Aid Agreement."
2. . The introductory paragraph Is revised to read: 14THis
AGREEMENT 19-MERED INTO BETWEliN THS STATS OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT$ AND BYAND AMONG RAC31 COUNTy AND MUNICZ_
PALITY THAT EXECUT0 AND ADOPTS THE TERMS AND CONDITIONS C0*_
TAINED, HERRINg BASED UPON THE FOLLOWING FACTS411.
3. The first sentence of SECTION'l. RIZINITYMj, paragraph
A. "AGREMENTN* I& revised to read: "the Statewide Mutual Aid
Agreezenton The remainder of that paragraph Is unchanged.
4* SECTION 1. JMFINITIMO paragraph D. "AinMORIzED
REPRZSENTA�IVZff is revised to read: "An employee of a - oirticipat-
91 J3S96
(13AI'30 48
October 2i,,'IM
Ing 4overnment authorized- In writing by that government to
request, offer, or provide assistance under the terms of thij
Agreement. The list ot authorized. representatives for the -
particip--ting government executing this Agrisement shall be
attache4 hereto as "Exhibit A,* and shall be updated as needed by
each participating government."
S. SECTION 1. _ZZINITION-fi# paragraph He NPAnicipATINa
GOVERNMEW Is revised to read: "The State of Florida,,. any, county
which executes this Agreement and supplies A comiletes executed
copy to the Division, and any municipality which executes this
Agreement and supplies i complete# executed copy to the Divi -
Sion."
6. 1 A new paragraph'X. is added to SECTION 1, D-BEINITrQNS.
to read as follows: "K. OMAJOR DXSASTER*- a disaster that will
CIOlikely exceed locai capabilities and require a broad range of
state and federal assistance.*
7.- The initialf unnumbered# paragraph of SEmI'ON 2.
EMADIMde is revised to reads
When a Participating Government 'either becomes
affected by,. or is lmder Imminent threat of* a major
disaster, it may invoke emergency related iRutual aid
as'sistance either by: (I) declaring a state of local
emergency and transmitting a copy of that declaration
to the Assisting T -arty, 'or to the Division,, or (IJ) by
*rally communicating a requist for muival aid assis-
2
October 21#.1994
0
tance to the Assisting Party or to the Vlvislonp foloo
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 fhadequate' by that
-participating Government. XaAicipaliti,�s shall coordi-
nats requests for state or fe4eral assistance witli
their County Emergency Management Agencies, All re-
quests.for mutual aid shall be transmitte4.by the
Authorized Representative or the Directorot the Loocal
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assi�ting Party, Requests for assistance under
this Agreement shall be limited to major disasterst
exqept vhere the Participating Governm6nt has no other
mutual aid agreement for the provision of assistance
related to euergenciis or disasters, in which case a
Participating Government may irequest assidtance related
to any disaster or emergency# pursuant to the provL-
sifts of this Agreement.
So SECTION 2, rJ=pMS,, parag?raph C. REQUIPJ3D INVOM.-
Tiowe subparagraph, 6 Is revised to reads
6. An estimated time and a specific place. for a
representative of the Requesking Party to reet-the
3
0
October 21f 1994
personnel and equipment of any Assisting Party.
This information may be provided op.the f6ra
%attAcbed as Exhibit 08," or by any other available
means. The Divislon may revise the format of Exhibit
"B" subsequent to the execution of this agreement.. in
which case it shall distribute copbiz to all Particl-
pating Governments.
9. SECTION 2, PROCrkM=3j paragraph X. WRXTTZX aCKMOwL�_
RVOMMHT" is revised to read:
1* *UTTEN &CJMOWLBDGMMBM- The Assisting Party
shall complete a written acknowlidgment regarding the
assistance to be rendered, setting forth -the informa-,
ti*n transmitted in the requestl and. shall -transmit it
by the quickest �ractidal'ueanz to the Requesting Party
or the Divi.sion, as applicable, for'approval. The fom
to serve as this -written acknowledgement is attached as
Exhibit C. T�e Request�-ng Party/Division shall respond.
to the written acknowledgement by executing and return -
Ing . a COPY to the Assisting Party by thequickest
practical means, maintaining a copy for Its flies.
100 SECTION 3- 8XIM9989ABLE KXI!ENSEI# paragraph A. PERsoN-
NILr is revised to readt
A* PERBONNEL - During the period of - assigjanc*e',
4
October. axe*. &vvo
the Assisting Party shall continue to pay Its employees
according to Its then sirev&illnq ordinances, rules# and
regulations* The Requesting -Party shall roluburse the
Assisting Oarty for all direct and- Indirect payroll
costs and expenses (including travel expenses) Incurred
during the period of assistance,* including# but not -
limited tof employ" P�nsions and benefits as provided
by Generally Accepted Accounting Principles (oMP),
However# the Requesting P4rty shall. not be responsible
for reimbursing any amounts paid or due as benefits to
emplOY008 Of the Assisting Party under the terms of the
Florida Workers# ComPenisation 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. TM, In revised to reads'
TIA9.Agreament isball be In effect for one (1) year
from the date-hireof and shall be renewed In successive
one (1) year terms unless terminated upon sixti (60)
days advance writteri'notice by the Participating Gov-
arnmefit. Notice of such terioination'shall be made in
writing and shall be served personally or by registered
3
101
mail Upon the Director# Division ot.Exergency manage-
mente kbrid.a Department ot Community Affairs# TOW.
hoes**# Plaridal which shall provide coples.to 'all
other Participating Governments, Notice of termination
sha I I not relieve tho Q�Lthdrawlnq Participating Govern -
sent from obligations incurred hereunder prior to the
effective date of the withdrawal and shall not be
of fectlife until sixty (60) days after notice thereof
has been sent by the Directorf Division of Zmergency
Management,, Department of Community Affairs to all
other Participating Governmeks6
12. SECTION 10. firkyz INEF29T ON QMR_ASRz1RMf
Js revised to readt
should any portion, sectionf or subsection of this
Agro*ment be hold to be invalid by a court of competent
4L jurisdiction, that fact shall not affect or invalidate
any other portionj, section or subsection; and the
remaininj portions of this Agreezent thall remain In
full force and affect without rigard to the section,,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other *mutual aid agreementaf- pursuant
to Section 252,40, FI-Arlda Statutes, or interlocal
agreements,, pursuant to Section 163.01, ZLOxIda StAt-_
ut&M# those parties agree that said agreements are
6
L
Superseded by this agreement wily for emergency manage-
ment &OsIstanco and acti. ' vIties periorned In major
disantere,p pursuant to this agreements in the event
that two or nor* 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 formerl�
labeled "APPENDIX A#A 1.9 revised to be titled 14SX9181T all as
indicated In the attached EXHIBIT A. The' document attached' to
the Agreement entitled "REQUIRED INPORMATIONO to revised to be
titl4d "EXHIBIT If# as indicated in the attached "EXHIBIT go" The
document attached to the Agreement and.entItl*4 "AOXHOWLSDOENT4
Is revised to be titled "EXHISX1 Cie as indicated in the attached
14, This Modification shall become. effective only as
between those counties and Municipalities# and the State of
Florida,, when they have actually executea. a copy of the NODIFIC&-'
TIO9 #1 TO STATMIDN MUTUAL A10 AGREEMENT containing identical
terms@ and when that copy has been executed by the, State of
Florida, Division of Emergency Management.
7
N
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L-A
CL
S
ALIG-12-4996 W-13- EMERGENCY MANAGEMENT 561 689 6680 P-03
IN WITNESS WHEIMur the Parties got forth below have i3uly!
0 ecuted this Agreentnt, on the date set fo#h below:
Atum BOA" OF
CLXRX OF THE CTIRMITIrr. MY7111P ^110 i%,L
Bvs
34
ae��ty C14iric, DEC go Ci:rmakW%Kd iter
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"PROVED AS FORNt
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"kIT-S Office of the Conty Att6=4'
00'. COUNTY,
By.,
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CLERX
8 TZ OF FLORIDA
D�JkRTKEXT OF COMMUNITY AFFAXItS
ismi OJ16 EMERGENCY MANAGEMENT
CITY OF
rLORID26
By t
Title Mm%0v--'
Q
APPROVED A� TO FORMI
Office 5"J*4 otspey,
By
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TOTAL. P. 03