AID AGREEMENT - HURRICANE ANDREW
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AID AGREEm=~i-
THIS AGREEMENT, entered into this 1 c::+- day of ~anber
,
199..2.--; by
'!he City of Clearwater, FL
(the "Lending
Party") and the CITY OF HOMESTEAD (the "Receiving Party");
WHEREAS, a major disaster occurred on August 24, 1992, when
Hurricane Andrew passed through South Florida1 and
WHEREAS, the Receiving Party has suffered severe damages and
sUfferinq as a result of Hurricane Andrew, and has found it
necessary to seek emergency assistance in the form of equipment,
materials and personnel in order to cope with the disaster; and
WHEREAS, the Governor of the State of Florida requested that
the President of the United States declare a major disaster and the
existence of an emergency in south Florida in order to obtain
federal assistance under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (PUblic Law 93-288) (hereinafter the
"stafford Act"); and
WHEREAS: on August 24: 1992: the Pl:'3s;dent ()f th~ united
states declared South Florida as a maj or disaster area, and
thereafter waived state and local cost sharing requirements and
authorized 100% federal reimbursement for eligible Public
Assistance under the stafford Act; and
WHEREAS, the parties desire that the costs .of equipment,
materials, and personnel provided hereunder be reimbursed under the
Stafford Act; and
WHEREAS, aid agreements of this type are authorized by
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applicable la.w.
NOW THEREFORE, the parties do ~U~~lly agree as follows:
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ARTICLE I - TERM
This agreement shall be effective as o~ 12101 A.M. on
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SePtember 1, 1992, and shall continue through the time period set forth
in Article II, subj eet to the riqht of eaoh party hereto to
terminate earl ier as provided herein.
All services, materials
and/or personnel providea prior to this agreement and contemplated
herein shall be deemed to have been performed pursuant to this
agreement.
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ARTICLE II - SERVICES
(a) The. Lending Party agrees to provide such equipment,
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materials and/or personnel to the Receiving Party as the respective
officials of the Lending Party, in their discretion, shall
determine can reasonably be spared at the time without placing
their own community in jeopardy, for the purpose of aiding the
Receiving Party in coping with the damage and sufterinq caused by
the disaster.
(b) Since time is of the essence ~ur1n9 amerqencies as herein
referred to, the authority to dispatch equipment, materials and/or
personnel or call for aid in accordance with the terms and
condi tions of this agreement shall be delegated specificallY to the
chief official or acting chief of the parties hereto.
(c) The Lending Party shall be responsible for the delivery of
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said equipment, materials and/or personnel to the location
specified by the Receiving Party.
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(d) upon arrival at said location, the officer in charge of
the equipment, materials and/or personnel shall report to the
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officer in charge at the location of the disaster or emergency who
shall assume full charge of all operations at the disaster or
emergency location.
(e) All equipment and personnel provided hereunder shall be
returned upon demand of the Lending Party or when released by the
Receiving Party upon the cessation of the emergency or disaster.
(f) Attached hereto as Exhibit "A" is a schedule of equipment,
materials and personnel provided.
ARTICLE IXI-:: PURPOSE
It is hereby agreed upon by the parties that this Aid
Agreement is in the public interest and is necessary to do one or
more of the following:
(a) Eliminate immediate threats to life, public health, and
safety; or
(b) Eliminate an immediate hazard which threatens substantial
destruction of undamaqed improved public or private property: or
(c) Assure economic recovery of the affected community to the
benefit of the community-at-large; or
(d) Provide emergency facilities when necessary to resume
essential public services.
ARTICI~ IV - PAYMENT
The purpose of this agreement is to ensure that the Receiving
Party is fully reimbursed under the Stafford Act for all eli;;;~(\.le
expenditures for equipment, materials or personnel provided
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hereunder by the Lending Party.
The Lendinq Party agrees to be responsible for maintaining
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recoras of all equipment, materials and personnel provided
hereunder, and shall provide suoh documentation to the Reoeivinq
Party as soon as is practicable. The documentation provided shall
be suffioient to enable the Receiving Party to seek reimbursement
under the Stafford Act, and shall conform to the requirements of
the Federal Emergency Management Agency (FEMA).In the event FEMA
fails to reimburse the Receiving Party for the expenditure of
equipment, materials or personnel provided hereunder as a result of
the insufficiency of documentation provided by the Lending Party,
the Lending Party agrees to provide sufficient documentation as
required by FEMA and otherwise fully cooperate in order to obtain
reimbursement.
Payment to the Lending Party for the equipment, materials or
personnel provided hereunder shall be due within a reasonable time
after the Receiving Party is reimbursed by FEMA tor such equipment,
materials or personnel, or such other time as the parties agree in
writing.
In the event that FEMA' declares all or any part of the
expenditure of equipment, materials or personnel provided hereunder
ineligible for reimbursement under the Stafford Act, the Lending
Party and the Receiving Party shall discuss further payment issues
and negotiate a satisfactory resolution to such expenditures.
ARTIC~ V - LIABILITY
The Receiving Party to which equipment, materials and/or
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liability arising from any acts undertaken pursuant to this
agreement so long as those acts are not ~illtul, wanton, or the
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result of gress neqliqence of the lending party, their agents or
employees.
~CLE VI - TERMINATION
This agreement may be terminated by either party upon five (5)
days prior written notice to the other.
ARTICLE VII - ~UTEGRATION
No subsequent modifications to this agreement shall be of any
force or effect unless in writing signed by the parties. This
. agreement supersedes any prior agreements between the parties
addressing the areas of concern herein.
ARTICLE VIII - APFLICABLE LAW
In the performance of this agreement, each party shall comply
with all applicable federal, state and local laws, rules and
regulations.
This agreement shall be governed by the laws of the State of
Florida. In the event of a dispute arising under this agreement,
the parties agree that p)':oper venue shall be in Dade County,
Florida.
SIGNATURES OF AGREEING OFFICIALS
CITY OF HOMESTEAD
By:
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By:
, FLORIDA
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C I T Y
OF CLEARWATER
POST OFFICE BOX 4748
C LEA R W ATE R, F LOR IDA 3 4 6 1 8 - 4 7 4 8
November 18, 1992
Mr. Horacio A. Montes De Oca
Director of Finance
City of Homestead
790 N. Homestead Boulevard
Homestead, FL 33030-6299
Dear Mr. Montes De Oca:
Transmitted herewith is the signed agreement by our city~Manager
for the cooperative' efforts on behalf of Homestead in the
aftermath of Hurricane Andrew. After your officials have signed
the agreement, please return a completed copy to me at:
Robert M. Brumback
Assistant Director of Public works/utilities
P.o. Box 4748
Clearwater, FL 34618-4748
We were pleased to help Homestead. We hope that your recovery is
quick and. complete.
If we can be of further assistance, please do not hesitate to
call upon us.
Very respectfully yours,
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Robert M. Brumback
Asst. Director of Pw/utilities
Attachments
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"Equal Employment and Affirmative Action Employer"
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RECEIVED
NO V ., i. 1992
City Manager
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Michael J. Wright, City Manager ~ f...<,d/
Robert M. Brumback, Asst. Director of PW/Utilities.~ yn .
FROM:
COPIES:
William C. Baker, Director of Public Works
Kathy Rice; Deputy City Manager
SUBJECT:
AID AGREEMENT - CITY OF HOMESTEAD, FLORIDA
DATE:
November 10, 1992
Transmitted herewith is an AID AGREEMENT prepared by the City of Homestead, Florida.
The agreement is "after the fact", retroactive to September 1, 1992. The purpose of the
agreement is to support the efforts of Homestead to obtain reimbursement from the
Federal Emergency Management Agency.
I have staffed the agreement with Mr. Galbraith. He feels.that it is okay for you to sign
the agreement on behalf of the City of Clearwater. I do not estimate that the total amount
of reimbursement will exceed $10,000.
After you have signed the agreement, please have Denise give me a call, and I will pick it
up and see that it is dispatched promptly to Homestead.
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