STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
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STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND
CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS:
WHEREAS, the State Emergency Management Act, Chapter 252,
Florida Statutes, authorizes the state and its political
subdivisions to develop and enter into mutual aid agreements for
reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the State
to enter into a contract on behalf of the state for the lease or
loan to any political subdivision of the state any real or
personal property of the state government or the temporary
transfer or employment of personnel of the state
government to or by any political subdivision of the state; and
WHEREAS, Chapter-252, Florida Statutes, authorizes the
governing body of each political subdivision of the state
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
Division of Emergency Management to make available any equipment,
services, or facilities owned or organized by the s~ate or its
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political subdivisions for use in the affected area upon request
of the duly constituted authority of the area or upon the request
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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 its county; and
WHEREAS, the state of Florida is geographically vulnerable
to hurricanes, tornadoes, freshwater flooding, sinkhole
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formations, and other natural disasters that in the past have
caused severe disruption of essential human services and severe
property damage to public roads, utilities, buildings, parks, and
other government owned facilities; and
WHEREAS, the Parties to this Agreement recognize that
additional manpower and equipment may be needed to mitigate
further damage and restore vital services to the citizens .of the
affected community should such disasters occur; and
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WHEREAS, to provide the most effective mutual aid possible,
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each Participating Government, intends to foster communications
between the personnel of the other Participating Government by
visits, compilation of asset inventories, exchange of information
and development of plans and procedures to implement this
Agreement;
NOW, THEREFORE, the Parties hereto agree as follows:
SECTION 1. DEFINITIONS
A. "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 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 Tallahassee, Florida.
B. "REQUESTING PARTY" - the participating government
entity requesting aid in the event of an emergency. Each
municipality must coordinate requests for state or federal
emergency response assistance through its county.
C. "ASSISTING PARTY" - the participating government entity_
furnishing equipment, services and/or manpower to the Requesting
Party.
D. "AUTHORIZED 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 of the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
E. "DIVISION" - the state of Florida, Department of
Community Affairs, Division of Emergency Management.
F. "EMERGENCY" - any occurrence, or threat thereof,
whether natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
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G. "DISASTER" - any natural, technological, or civil
emergency that causes damage of sufficient severity and magnitude
to result in a declaration of a state of emergency by a county,
Governor, or the President of the united stateS.
H. "PARTICIPATING GOVERNMENT" - the state of Florida and
any political subdivision of the state of Florida which executes
this mutual aid agreement and supplies a complete executed copy _
to the Division.
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I. "PERIOD OF ASSISTANCE" - the period of time beginn~ng
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 from the
Requesting Party.
J. "WORK 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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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 transmitti~g 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 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 directly to an Assisting Party. Requests for
assistance under this Agreement shall be limited to catastrophic
disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 Qr 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.
REQUESTS DIRECTLY TO ASSISTING PARTY:
The Requesting
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in
paragraph C below. All communications shall be conducted
directly between the Requesting and Assisting Party. Each party -
shall be responsible for keeping the Division advised of the
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status of the response activities. The Division shall not be
responsible for costs associated with such direct requests for
assistance. However, the Division may provide, by rule, for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section
252.373, Florida statutes.
B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, THE
DIVISION: The Requesting Party may directly contact the
Division, in which case it shall provide the Division with the
information in paragraph C below. The Division may, then contact
other Participating Governments on behalf of the Requesting Party
and coordinate the provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect
requests for assistance, unless the Division so indicates in
writing at the time it transmits the request to the Assisting
Party. In no event shall the Division or the state of Florida be
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responsible for costs associated with assistance in the absence
of appropriated funds.
In all cases, the party receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
c. REQUIRED INFORMATION: Each request for assistance
shall be accompanied by the following information, to the extent
known:
1. A general description of the damage sustained;
2. Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed;
3. Identification of the public infrastructure system for
which assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed and a reasonable estimate of the length of
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
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revise the format of Exhibit B subsequent to the execution of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO
RENDER ASSISTANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
All participating governments shall render assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When the authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall so notify the Requesting Party or the
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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,
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and materials will be available;
3. The areas of experience and abilities of the personnel
and the capability of the equipment to be furnished;
4. The name of the person or persons to be designated as
supervisory personnel; and
5. The estimated time when the assistance provided will
arrive at the location designated by the authorized
representative of the Requesting Party.
E. SUPERVISION AND CONTROL: The personnel, equipment and
resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
$erving. Direct supervision and control of said personnel,
equipment and resources shall remain with the designated
supervisory personnel 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 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; HOUSING; SELF-SUFFICIENCY Unless specifically
instructed otherwise, the Requesting Party shall have the
responsibility of providing food and housing for the personnel of
the Assisting Party from the time of their arrival at the
designated location to the time of their departure. However,
Assisting Party personnel and equipment should be, to the
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greatest extent possible, self-sufficient for operations in areas
stricken by emergencies or disasters. The Requesting Party may
specify only self-sufficient personnel and resources in its
request for assistance.
G. COMMUNICATIONS: Unless specifically instructed
otherwise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications among their respective
operating units.
H. RIGHTS AND PRIVILEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete a written acknowledgment regarding the assistance to be
rendered, setting forth the information transmitted in the
request, and shall transmit it by the quickest practical means to
the Assisting Party or the Division, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. The Requesting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to the
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Requesting Party by the quickest practical means, maintaining a
copy for its files.
SECTION 3. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in accordance with paragraph 2.1. of this
Agreement.
The Requesting Party shall be ultimately responsible
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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 of the Florida Workers'
~ompensation Act due to personal injury or death occurring while
such employees are engaged in rendering aid under this Agreement.
While providing services to the Requesting Party, employees of
the Assisting Party shall be considered "borrow servants" of the
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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
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provided for in the Florida Workers' compensation Act.
B. EQUIPMENT - 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 SUPPLIES - The Assisting Party shall be
reimbursed for all materials and supplies furnished by it and
used or damaged during the period of assistance, except for the
costs of equipment, fuel and maintenance materials, labor and
supplies, which shall be included in the equipment rate
established in 3.B. abover unless such damage is caused by gross.
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negligence, willful and wanton misconduct, intentional misus~, or
recklessness of the Assisting Party's personnel.
The Assisting
Party's Personnel shall use reasonable care under the
circumstances in the operation and control of all materials and
supplies used by them during the period of assistance. The
measure of reimbursement shall be determined in accordance with
44 CFR 206.228.
In the alternative, the Parties may agree that
the Requesting Party will replace, with like kind and quality as
determined by the Assisting Party, the materials and supplies
used or damaged.
If such an agreement lS made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FEMA
publications, including 44 CFR part 13 and applicable Office of
Management and Budget Circulars. Requesting Party and Division
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finance personnel shall provide information, directions, and
assistance for record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.1. 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
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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 from assuming or donating, in whole or in part,
the costs associated with any loss, damage, expense or use of
personnel, equipment and resources provided to a Requesting
Party.
F. PAYMENT BY OR THROUGH THE DIVISION: The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request of 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. 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 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
applica~ions 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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To the extent permitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
responsible for any and all claims, demands, suits, actions,
damages, and causes of action related to or arising out of or in
any way connected with its own actions, and the actions of its
personnel, in providing mutual aid assistance rendered or
performed pursuant to the terms and conditions of this Agreement.
SECTION 6. LENGTH OF TIME FOR EMERGENCY
The duration of such state of emergency declared by the,
Requesting Party is limited to seven (7) days. It may be
extended, if necessary, in 7 day increments.
SECTION 7. TERM
This Agreement shall be in effect for one (1) year from the
date hereof and 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 Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon
approval by the participating government and upon proper
execution hereof.
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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 participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
from FEMA, upon a Presidential disaster declaration; (4) serve as
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their
Authorized Representative ~nd 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. SEVERABILITY; EFFECT ON OTHER AGREEMENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of competent jurisdiction, that
fact shall not affect or invalidate any other portion, section or
subsection; and the remaining portions of this Agreement shall
remain in full force and affect without regard to the section,
~ortion, 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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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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IN WITNESS wnEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
BOARD OF
OF
FLORIDA
(County)
By:
By:
Deputy Clerk
Chairman
APPROVED AS TO FORM:
Office of the Attorney
By:
EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN
PINELLAS , COUNTY (attach authorizing resolution or ordinance
and insurance letter or resolution for each)
City of Clearwater, Florida c::;,-h ~ -
Political Subdivision ' by Authorizec( Official
Elizabeth M. Deptula, City
, by
(,~7/?f
Date
Manager
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
, by
Political Subdivision Authorized Official Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
By.:
ATTEST:
Director
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Goudeau
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MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date:
Name of Government:
Mailing Address:
city, state, Zip:
Authorized Representatives to Contact for Emergency Assistance:
Primary Renresentative
Name:
Title:
Address:
Day Phone:
Night Phone:
FAX No.:
1st Alternate Representative
Name:
Title:
Address:
Day Phone:
Night Phone:
2nd Alternate Representative
Name:
Title:
Address:
Day Phone:
Night Phone:
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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 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 information
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
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REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
services:
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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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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:
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RESOLUTION NO. 94-38
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE STATEWIDE MUTUAL AID AGREEMENT FOR
CATASTROPHIC DISASTER RESPONSE AND RECOVERY, BY AND
BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY
MANAGEMENT, AND OTHER LOCAL GOVERNMENT AGENCIES OF
FLORIDA, AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT
BY THE CITY MANAGER AND THE CITY CLERK; PROV I DING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida, Division of Emergency Management, has
requested the City of Clearwater to join the Division and other local government
agencies in a Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery, which provides for reciprocal aid and assistance in; case of
emergencies; and
WHEREAS, the City Commission of the City of Clearwater finds that the
Statewide Mutual Aid Agreement serves a proper public purpose and promotes the
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health, safety and welfare of the resldents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Statewide Mutual Aid Agreement for Catastrophic Disaster
Response and Recovery, a copy of which is attached hereto as Exhibit A, is hereby
approved, and the City Manager and City Clerk are hereby authorized to execute
the Agreement and file a copy thereof with the State of Florida, Division of
Emergency Management.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th
Attest:
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ADMINISTRATION
~ 2.646
Sec. 2.624. Exceptions to the bidding proce-
dures.
The bidding requirements set forth in this divi-
sion may be dispensed with when one or more of
the following conditions exist:
(1) The market value of items to be disposed of
is not estimated to exceed $500.00.
(2) It is to the advantage of the city to sell the
items to or otherwise dispose of them in
cooperation with another governmental en-
tity.
(3) The surplus sales officer determines that
the items can be sold or otherwise disposed
of through only one source.
(4) Local, state or federal law requires that the
items be disposed of via public auction.
(5) The surplus sales officer determines that
the nature of the items is such that dispo-
sition under bidding procedures is imprac-
tical, impossible or otherwise not in the best
interest of the city.
(Code 1980, ~ 42.43)
DIVISION 5: SELF-INSURANCE PROGRAM*
Sec. 2.641. Purpose.
It is declared to be the policy of the city that the
city shall, wholly or in part, carry its own insur-
ance risks in order to effect savings on premiums
heretofore paid to insurance companies.
(Code 1980, S 43.01)
Sec. 2.642. Reserve fund-Established.
A fund to be known as the insurance reserve
fund of the city is hereby established. The city
manager is directed to request authority from the
city commission for the transfer of money to such
fund from time to time, as needed.
(Code 1980, S 43.02) .
Sec. 2.643. Same-Disposition; withdrawals;
investments.
(1) The insurance reserve fund shall be depos-
ited in some bank in the city and shall be kept
.Cross reference-Old-nge and survivor's insurance. ~
2.371 et seq.
entirely separate and distinct from all other funds
belonging to the city, The city manager or the
service agent shall have authority to make with-
drawals from the insurance reserve fund, but every
such withdrawal shall first be authorized in
writing. Surplus moneys in the insurance reserve
fund may be invested in United States govern-
ment bonds or in bonds of the city, but all such
bonds shall be kept separate from all other secu-
rities owned by the city and shall be distinctly
earmarked as belonging to the insurance reserve
fund.
(2) The service agent is authorized to establish
a bank trust account to ,receive funds transferred
from th3 insurance reserve fund, which funds ar~
to be used for the payment of claims.
(Code 1980, S 43.03) \
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Sec. 2.644. Service agent; claIms manage-
ment.
The city shall obtain the services of a person or
agency to function as service I;lgent for the city in
its self-insurance program. The service agent shall
be responsible for a program of claims manage-
ment, including the administration of such a pro-
gram and a program of loss prevention.
(Code 1980, S 43.04)
Sec. 2.645. Payment of claims.
As part of the claims management program, the
service agent shall have authority to settle and
pay claims not to exceed the sum set forth as a
limitation of settlement authorization in the an-
nual service agreement between the city and the
service agent.
(Code 1980, S 43.05)
Sec. 2.646. Report of losses.
Whenever a claim loss occurs, it shall be the
duty of the head of the department in which the
claim loss occurs to report the loss to t.he service
agent in writing, Such report shall give full de-
tails concerning the loss, including any reports,
pictures, statements or other data and shall in-
clude an estimate of the value of such claim loss.
Each report of claim loss shall be kept on file at
the city hall for a period of one year after it has
been acted on and may thereafter be processed in
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CLEARWATER CODE
accordance with the schedule for handling public
records.
(Code 1980, ~ 43.06)
Sec. 2.647. Authority of city manager to re-
duce or cancel insurance.
The city manager is authorized, beginning with
the first fiscal year following institution of the
self-insurance program by the city, to reduce the
amount of fire, windstorm, liability, worker's com-
pensation, and other insurance carried by the city,
and to continue to make such reductions as the
insurance reserve fund is increased. The city man-
ager is authorized to use his discretion in making
such reductions, and may reduce the amounts of
some types of insurance carried by the city or may
cancel some types altogether, as he thinks best;
provided, however, the city shall not be permitted
to be without insurance protection of any kind
except when the insurance reserve fund amounts
to $50,000.00 or more.
(Code 1980, ~ 43.07)
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used for any public purpose subject only to limi-
tations imposed by the state const.itution, the
charter of the city and F.S. ch. 166, pt. II.
(Code 1980, S 41.12)
Sec. 2.524. Investments.
Funds of the city not required for immediate
disbursement shall be invested at the discretion
of the finance director in United States govern-
ment securities, certificates of deposit in local
banks, repurchase agreements, or when appro-
priate, in savings accounts in local banks. All sav-
ings accounts or investments shall be in the name
of the city, Investments in securities issued by
various agencies of the federal government, in mu-
nicipal bonds other than the city issues, and in
bonds issued by the state or counties within the
state may be made with the concurrence of the
city commission.
(Code 1980, S 41.15)
Sec. 2.525. Disbursements and collections.
"'---
The finance director is responsible for ensuring
that all claims or demands against the city be
examined for propriety and appropriate certifica-
tions by proper officials prior to payment, that all
amounts due the city from every source are re-
ceived and that a current record of all transac-
tions be maintained.
(Code 1980, S 41.16)
Sec. 2.526. Signatures on checks.
Checks or warrants for payment of monies shall
be signed by mechanical check signing equipment
bearing the facsimile signature of the city man-
ager and the finance director. Manually signed
checks will be signed by the finance director or
his deputy and the city manager or his designated
alternate.
(Code 1980, S 41.17)
Sec.'2.527~, Settlement 'of claims.
(1) Claims by the city. The city manager is au-
thorized to settle and release, on behalf of the
city, any claim or lawsuit in favor of the city
wherein the amount alleged to be due to the city
does not exceed $10,000.00; provided, however, if
the amount alleged to be due to the city exceeds
',---- -
$2,000.00, the city manager shall first consult with
the city attorney and such other city employees as
the city manager may deem appropriate before
making any settlement of such claim.
(2) Claims against the city. The city manager is
authorized to settle on behalf of the city any claim
against the city wherein the amount to be paid in
settlement does not exceed $10,000.00, including
costs and attorney's fees; provided, however, if the
amount to be paid in settlement exceeds $2,000.00,
the city manager shall first consult with the city
attorney and such other city employees as the city
manager may deem appropriate before making
any settlement of such claim.
, (3) Delegation of sf!ttlement authority. The city
manager may delegate the authorization to settle
claims pursuant to subsections (1)' and (2) of this
section to other city employees as the city man-
ager may deem appropriate. The city attorney may
delegate to an assistant city attorney the function
of consulting with the city manager regarding the
settlement of claims pursuant to this section.
(4) Maximum settlement authority. The city
manager, with the unanimous written concur-
rence of the city attorney, the city's risk manager,
and the service agent, is authorized to settle on
behalf of the city and authorize payment of any
claim against the city wherein the amount to be
paid in settlement does not exceed $25,000.00, in-
cluding costs and attorney's fees.
(5) City commission approval of settlements, Any
proposed settlement of any claim for or against
the city that exceeds the authority granted pur-
suant to this section or in section 2.645 shall first
be approved by the city commission before the
settlement can become final and binding upon the
city.
(Code 1980, S 24.11)
Sec. 2.528. Dishonored check, service fee.
(1) Any person who presents a check, draft or
any other form of payment order to the city for
payment purposes which check, draft or other pay-
ment order is subsequently presented by the city
for payment and dishonored shall be subject to
the imposition of a service fee of not more than
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CLEARWATER CODE
$5.00 for the collection of the dishonored check,
draft or any other payment order.
(2) Notice to any person subject to the provi-
sions of this section that a check, draft or other
payment order presented to the city has been dis-
honored shall be similar to that set out in F.S. ~
832.07(1), except that such notice shall contain an
indication that the service fee may not be more
than $5.00.
(Code 1980, ~ 41.18)
DIVISION 3. PURCHASING
Subdivision 1. Generally
Sec. 2.541. Definitions.
Terms not defined in this section shall have the
meaning customarily assigned to them. Other-
wise, the, following words, terms and phrases,
when used in this division, shall have the mean-
ings ascribed to them in this section, except where
the context clearly indicates a different meaning:
.I"
Commodity means any of the various supplies,
materials, goods, merchandise, equipment, ser-
vices and other personal property purchased,
leased or otherwise contracted for by the city, un-
less coming within the definition of public works
contracts. However, commodities purchased for re-
sale are excluded from the provisions of this divi.
SIOn.
Lowest responsible bidder means the lowest
bidder whose offer best responds in quality, fit-
ness and capacity to the requirements of the pro-
posed work or usage, as specified. In determining
the lowest responsible bidder, the following shall
be considered, in addition to price:
(1) The quality of supplies offered;
(2) The ability, capacity and skill of the bidder
to perform the contract or provide the sup-
plies or services required;
(3) Whether the bidder can perform the con-
tract or provide the supplies or services
promptly, or within the time specified,
without delay or interference;
(4) The sufficiency of the bidder's financial re-
sources and the effect thereof on his ability
to perform the contract or provide the sup-
plies or services;
(5) The character, integrity, reputation, judg-
ment, experience and efficiency of the
bidder;
(6) The quality of the bidder's performance on
previous orders or contracts for the city;
(7) Litigation by the bidder on previous orders
or contracts with the city;
(8) The previous and existing compliance by
the bidder with local laws and ordinances
relating to the subject of the purchase or
contract; and
(9) The ability of the bidder to provide future
maintenance and service where such main-
tenance and service is essential.
Public works contracts means all contracts in-
volving construction for the city. Any construc-
tion involving a project related to but not in-
cluded in a project for which the city has contracted
is not exempted from the competitive bidding pro-
cedures as set forth in this division, notwith-
standing its relationship to a project which has
previously been bid upon.
(Code 1980, ~ 42.01)
Cross reference- Definitions and rules of construction gen.
erally, ~ 1.02.
Sec. 2.542. System adopted.
In order to establish efficient procedures for the
acquisition or use of supplies, equipment and com-
modities; to secure for the city supplies, equip-
ment and commodities at the lowest possible cost
commensurate with quality needed; to exercise
positive financial control over purchases; to clearly
define and implement the purchasing function;
and to ensure the quality of purchases, a pur.
chasing system is hereby adopted as provided in
this division.
(Code 1980, ~ 42.02)
Sec. 2.543. Centralized purchasing office.
There is hereby created a centralized purchasing
office.
(Code 1980, ~ 42.03)
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o F
CLEARWATER
POST OFFICE BOX 4748
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C LEA R W ATE R, F LOR IDA 3 4 6 1 B. 4 7 4 8
~r" i-, ~ ..,;,',
Emergency Management
Mr. David Bilodeau, Director
Pinellas County Emergency Communications
Of Pinellas County Emergency Management
400 S. Ft. Harrison Avenue
Clearwater, Florida 34616
Dear Mr. Bilodeau:
Attached please find Resolution #94-38 of the City of Clearwater,
Florida, adopting the statewide Mutual Aid Agreement for
Catastrophic Disaster Response and Recovery. Also attached is
evidence of the city's insurability, including a copy of the
ordinance establishing and governing the city's self-insurance
fund.
Please let us know if we can be of further assistance in working
with you on the State Mutual Aid Agreement. You may refer any
questions you have on the city resolution or execution of the
mutual aid agreement to the undersigned at 462-6181.
Sincerely,
fl~~~~~
CITY OF CLE~RWATER
Coordinator of Emergency Services
AVM/bmv
attch: Resolution 94-38
Division 5, Clearwater Code of Ordinances
cc: Elizabeth Deptula, City Manager
Cyndie Goudeau, City Clerk
Legal Department
File
RECEIVED
JUN 2 9 1994
CITY CLERK DEPT.
o
"Equal Employment and Affirmative Action Employer"