1994-043 Statewide Mutual Aid Agreement
RESOLUTION NO. 43-9A
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A STATEWIDE MUTUAL AID
AGREEMENT WITH THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT,
ATTACHED AS EXHIBIT "A" FOR THE
PURPOSE OF SECURING RECIPROCAL
EMERGENCY AID AND ASSISTANCE IN CASE
OF EMERGENCIES AND NATURAL DISASTERS
T00 EXTENSIVE TO BE DEALT WITH ON AN
UNASSISTED BASIS; AND, PROVIDING FOR
AN EFFECTIVE DATE.
' BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach does hereby approve the Statewide Mutual Aid Agreement
with the State of Florida, Division of Emergency Management,
attached as Exhibit "A", which is for the purpose of securing
reciprocal emergency aid and assistance in case of emergencies and
natural disasters too extensive to be dealt with on an unassisted
basis.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Statewide Mutual Aid
Agreement with the State of Florida, Division of Emergency
Management, set forth in Exhibit "R" for and on behalf of the
' Village of North Palm Beach.
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Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 27th-. DAY OF Octati~er 1994.
(Village Seal ) ~1
MAYOR
ATTE ,Q 7.! /. ~ ~ u ./
VILLAGE CLERK
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MEMORANDUM
TO: DENNIS KELLY, VILLAGE MANAGER
FROM: BRUCE. F. SEKER:I~
DIRECTOR OF PUBLIC SAFETY
SUBJECT: STATEWIDE MUTUAL AID AGREEMENT
DATE: SEPTEMBER 13, 1994
On September 8, 1994 I received your 9/7/94 memo on the above topic, along with the
attachments. This material has been reviewed and my replies are as follow:
' Your questions first. /1 1, Yes, it is worth our while. N 2a, No, I see no need to modify
the agreement. /! 2b, No, it would not have an impact on our other agreements.
I strongly agree with the concept and feel only positives would result from its adoption.
It would be my recommendation that the Village get involved and signs on.
The best advantage that I see is it would facilitate a better and faster influx of funding and
assistance, at time of a disaster, from both State and Federal agencies. In fact, without
the agreement we may not be able to receive as much aid.
I also agree with the proposed workers comp issue. I feel each entity should be
responsible for their own. A much better system as I see it.
Whenever these kinds of subjects are being presented, at local seminars and conferences,
all Village departments .that could be involved in a disaster situation, should send
representatives. Public Sa~'ety isn't the only issue discussed. Finance, Public Works and
the overall coordination of these efforts are all important. Each one of us will have a job
to do and we must be prepared to do it.
I3FS:jl
' cc: Captain Warren
Ilurricane Prep file
MEMORANDUM
VILLAGE OF NORTH PALM BEACH
TO: Tom Hogarth, Public Services Director
Bruce F. Sekeres, Public Safety Dir
Shaukat Khan, Finance Director
FROM: Dennis W. Kelly, Village Mana er
llATE: September 7, 1994
RE: STATEWIDE MUTUAL AID AGREEMENT
Request all of you review the attached material regarding the above subject and provide me with
your review and comments. Specifically, is it worth our while to enter into a Statewide Mutual
Aid Agreement, per the attached material? Is there a need from youz perspective to modify or
amend the draft agreement more to our benefit and, if so, would it have an impact on the other
agreements? And, overall, whether or not you agree or disagree with the concept. Any other
comments you can lend to this that will enlighten myself and the rest of the staff will be helpful.
DWK:sh
Attachment
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MEMORANDUM ~ \~,
TO: KERRY WILLIS, CITY MANAGER ,~
' WENDY NEWMYER, ASST. CITY MANAGER
BETTY RESCH, C[TY ATTORNEY
MIKE DUTCON, FIRE CHIEF/EMERGENCY OPERNS COORDINATOR
FROM: DAVE MURPHY, RISK MANAGERCJ~~
DATE: AUGUST 25, 1994
SUBJECT: STATEWIDE MUTUAL AIDE AGREEMENT
I am attaching the above agreement for your review. The entities present at today's seminar
(primarily municipalities and counties), were all in agreement that we should enter into, by
resolution, this agreement. So far the Dept. of Community Affairs has 25-30 signed agreements.
Palm Beach county has signed and the Executive Board of the Municipal League is urging their
members to do the same.
The reasons brought forth in today's seminar were:
• It will make it easier for FEMA reimbursement. Tn fact, the DCA senior counsel reported
that entities may not be reimbursed without such an agreement
• There have been 5 presidential declared disasters in the last 24 months
• Coordinates work efforts - eliminates a lot of the mass confusion we had during
ANDREW
• Even if we have existingInterlocal agreements, they are with contiguous cities who also
may be impacted. We need to draw assistance from entities not impacted
• Existing Interlceal agreements will not be affected
• Federal monies always come with costs of their own
• We will have faster and more efficient assistance
• Dces not eliminate any of our existing public safety Interlocals (Police & Fire)
• FEMA will not be reimbursing entities for force labor afrer October 14, 1994 involving
category A-B requests (emergency work and debris removal)
The only concern we had with this agreement was the worker's compensation, Section J, A,
PERSONNEL, p. 13-14. The agreement presently specifies that the Requesting Party shall be
responsible for the Assisitng Party's WC benefits should an employee sustain a work related
injury. It was suggested by the cities and counties in attendance (and is already in the works),
that each entity be responsible for their own WC benefits. ,..,,x~
I am going to have FIRMA review this, as well. Thank you. tx ' ~`j~"~G.
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~.'.. ~ OF ,~cF
_ ~°9rna F
Board of County Commissioners
Mary McCarty, Chair
Ken I.. Foster, Vice Chairman
Karen T. Marcus
A. Roberts
n H. Newell
B aronson
e Ford Lee
County Administrator
Robert Weisman
Department of Public Safety
Emergency Management
August 24, 1994
Dear Municipal official:
County and the State of Florida.
On August 16, 1994, the Board of Palm Beach County Commissioners
adopted by Resolution, the Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and Recovery between Palm Beach
On this date, August 24, by unanimous vote, the Executive Board of
the Municipal League of Palm Beach County recommended that its
member municipalities adopt the agreement.
The construction of the exe cution page to the agreeme nt (page 22)
is such that participating municipalities are asked to become a
signatory to the agreement on the document used by the county.
Therefore, we are providing each municipality with a copy of the
county's execution page and one line for each individual
municipality to use.
i,~
if your municipality elects to enter into this agreement, we ask
you to forward through us to the state, two original executed
copies accompanied by whatever authenticating document you use to
authorize the signing official. You also must provide as part of
your submittal, a certificate of insurance, self insurance or
otherwise.
When the fully executed copy is received by you from the state, we
request that you provide us with a copy of the completed document
so that a file can be maintained for you in the County's Emergency
Operating Center.
BTK:fd
pinlod on rceyNmf Oapor
Respectfully,
r~.~.~ ~
B. T. Ketlnedy, J~.
Director, Palm B ach County
Division of Emergency Management
"An Equal Opportunity - Atlirmalivc Aclion Cm ploycr"
3723 6clvvderc Road Wcst Palm 6cach, Florida 33406 (407) 233-3500
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STATEWIDE MUTIIAL AID AGREEMENT
FOR'CATASTROPHIC DIBASTER RE8PON8S AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
~"G
AUG 1 6 1994
SUBDIVISION OR THE STATE THAT EXECUTES AND ADOPTS THE TERMS AHD
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 o! emergencies
too extensive to be dealt with unassiated7 and
WHEREAS, Chapter 252, Florida Statutes, sets lorth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendarinq.outsids aidT and
WHEREAS, Chapter 252, Florida Statutes, authorizes the state
to enter into a contract on behalf o! the stets 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 scats
government to or by any political subdivision of the states and
WHEREAS, Chapter•252, Florida Statute3, authorizes the
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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
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
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Div~.sion 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
of 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, requires that each
municipality must .coordinate requests for state or federal
emergency response assistance with ita county; and
WHEREAS, the States 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•oE 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 o! 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. "AGREEMENT" - 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 o! Emergency Management. Copies of the agreement with
original signatures and copies oP authorizing resolutions and
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' .insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
8. ~~REQOESTINa 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. ~~ASSI6TINa PARTY~~ - the participating government entity
furnishing equipment, services and/or manpower to the Requesting
Party.
D. ~~AOT$ORIZED REPRESENTATIVE~~ - an employee of a
participating 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 o! the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
E. ~~DIViSZODP~ -the State of Florida, Department of
Community Affairs, Division o! Emergency Management.'
F. ~~EMERaENCY~~ - 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
population or substantial damage to or loss o! property.
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' G. ~~DISASTER~~ - any natural, technological, or civil
e:~ergency 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 ASSI6TANCE~~ - 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 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 Prom the
Requesting Party. r
J. ~~WOR1C OR WORK-RELATED 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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April 27, 1946
' 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 emergency or 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 Por 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 requested 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 dirgctly to an Assisting Party. Requests for
assistance under this Agreement shall be limited to catastrophic
disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 or 163.01, Florida
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' Statutes, in which case a Participating Government may request
assistance pursuant to the provisions of this agreement.
A. REQDE8T8 DIRECTLY TO ASSISTING PARTYS 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. REQDE8T8 RODTED THRODGH, OR ORI(iINATIN(i FR02{, TH8
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 behal! o! 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
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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 ittcurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
C. REQIIIRED INFORMATIONt Each request for assistance
shall be accompanied by the following information, to the extent
known:
1. A general description of the damage sustained;
2. Identification of the emergency service function for
which assistance is needed (e.q. 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.q. sanitary sewer, potable water,
streets, or storm water systems) and the type o! work assistance
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed an8 a reasonable estimate of the length o!
time they will be needed;
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' 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 RESODRCEB 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 governments 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
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' 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. BOPERVIBION AND CONTROLS The personnel, equipment and
resources o! any Assisting Party shall remain under operational
control of tha 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
supervisory personnel of the Assisting Party. Representatives o!
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 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, 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 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) 80UBINat 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 Prom the time of their arrival at the
designated location to the time of their departure. However,
' Assisting Party personnel and equipment should be, to tha
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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.
8. RIG8T8 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 immunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
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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, !or 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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April 27. 1946
' 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.I. of this
Agreement. The Requesting Party shall be ultimately responsible
for reimbursement of all reimbursable 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 shall 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 o! 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 oP
the Assisting Party shall be considered "borrow 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 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. EQoiPMENT - The Assisting Party shall be reimbursed by
the 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
charges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
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Requesting Party and by the amount of any insurance proceeds
received by the Assisting Party.
C. MATERIALS AND SDPPLIES - 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. B. 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 fn 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 REEPINO - 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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finance personnel shall provide information, directions, and
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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 addendum 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
CFR 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 Prom 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 DIVISIONt The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request o! the Division, to the extent
of funds available, and contingent upon an annual appropriation
' from the Legislature for such purposes. The Assisting Party
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' 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. Zn 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 Prom FEMA. 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
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' 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
either on employees, vehicles, or liability. If a participating
' government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the 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.
SECTION 5. LIABILITY
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April 27, 1000
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' 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. TER
This Agreement shall be in effect 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 termination shall be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Elaergency 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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Afxil Z7. ~~~
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' .SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The responsibilities the Division of Emergency Management,
Florida Department of Community Affairs under this Agreement are
to: (1) request mutual aid on behalf of a.participatinq
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 oP 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 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. SEVERA$ILITY: EFFECT ON OTHER AC•R RRMF.NTR
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 Porce-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
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April 27, 1946
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 shall apply
unless otherwise agreed between those parties.
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J
~~r z~.:v4c f S^.
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST: r~
CLERK~U'~Ft ~~jCKk~~ ~¢~T
Boa of County Co i\ssioner/s .
a~ 2~~M B~ACti
m~ COUNTY,
BOARD OF
OF
AUG 1 6 19~
F I.oRI DA
(Cou •y)
BY • ~ `~ r --
c i ~Rd~R, P,4LM BE,4f CvUNTY
BCARD OF CCUNTY CCMh11SSICNE'
APPROVED AS TO FORM:
Office of the Attorney
-~ '` 1
EXECUTED BY THE FOLI.oWINti"`PRR'PICIPATING LOCAL GOVERNMENTS IN
_~_, COUNTY (attach authorizi resolution or ordinance
and insurance letter or res tion f. e h)
by
Political Subdivision ut orizad Official Date
~<OR~OP
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
By. Director
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MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date: July 29. 1994
Name of Government: Palm Beach County
Mailing Address: 301 N. Olive Ave., 11th Floor
City, State, Zip: West Palm Beach, FL 33401
Authorized Representatives to Contact !or Emergency Assistance:
Primary Representative
Name: B. T. Kennedy
Title: Director, Emergency Management
Address: 3723 Belvedere Road, West Palm Beach, PL 33406
Day Phone: (407)233-3500 Night Phone: (407) 233-3500
FAX No.: (407)689-6680
1st Alternate Representative
NBIDe: Paul W. Milelli
Title: Director, Public Safety Department
Address: 3723 Belvedere Road, West Palm Beach, FL 33406
Day Phone: (407)233-3500 Night Phone: (407)233-3500
2nd Alternate Representative
Name: Vincent J. Bonvento
Title: Assistant County Administrator
Address: 3723 Belvedere Road, Weat Palm Beach, FL 33406
Day Phone: (407)233-3500 Night Phone: (407)233-3500
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April 27. 1046
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REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
following information, to the extent known:
1. General description of tha damage sustained: ..
~' n~
2. Identification of the emergency service function for which
assistance is needed (e.g. Pire, 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 o!
assistance needed:
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April 27. 1946
' 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:
~I
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:
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' 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.
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Aprit 27. 1V9<
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:'
CONTACT NUMBER/PROCEDURES:
1. Assistance To Se Provided:
Resource Type Amount Assignmettt
2. Availability of Additional Resources:
3. Time Limitations, if any:
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Est. Time Arrival