Loading...
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY . { I -I -'Pr; l 27. '994 ~ 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 (c~. :2 ,~/ ~'/.'" L (j) I ~ 1 -I April 27. '994 ~ 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 ,I political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request I ; 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 _!I I -I Apr; l 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 .of the affected community should such disasters occur; and , WHEREAS, to provide the most effective mutual aid possible, ,I 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 3 , I _J April 27. 1994 ~ 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. 4 , I J Apri L 27. 1994 ~ 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. , 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 5 I -J April 27. 1994 ~ 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 6 I -J April 27. 1994 ~ 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 , 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 7 ~ -"I ~; l 27. '994 -. ~ 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; 8 t I _.t 1.pr; l 27, 1994 ~ 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 I 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 9 1 I _J April 27, 1994 ~ 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, i 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 10 I _1 April 27. 1994 ~ 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 11 I _J April 27, 1994 ~ 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 12 I I April 27. '994 ~ 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 ,l 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 13 I I April 27. 1994 ~ 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. 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 14 J- I _J Apr; l 27. 1994 ~ 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. , 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 15 I I April 27. 1994 ~ 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 . 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 16 I I April 27. 1994 ~ 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 17 I _J Apr; l 27. 1994 -- ~ 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 18 I _J April 27, 1994 , 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. 19 < I _~ I Apri l 27. 1994 -- ~ 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 20 ~ 1 I April 27, 1994 ~ 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. 21 /' " I I April 27. 1994 ~ 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 22 ~ .ti. cD. Goudeau ...'~ I _J Apr; l 27. 1994 ~ 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: 23 ). ..:.- I I Apri l 27. 1994 ~ 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: 24 ,., ~ I I April 27. 1994 ~ 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: 25 .... (\' ... I I April 27. '994 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. 26 ~ ", (.)I ... I _J Apr; l 27, 1994 ~ ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY: AUTHORIZED REPRESENTATIVE: CONTACT NUMBER/PROCEDURES: 1. Assistance To Be Provided: Resource Type Amount Assignment Est. Time Arrival 2. Availability of Additional Resources: 3. Time Limitations, if any: 27 I _I. 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 J' . 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: I I 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) \ .1 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 CD2:67 ~ .~ I I ~ 2.646 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) /~ CD2:68 I I ADMINISTRATION ~ 2.528 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 CD2:57 I ~ 2.528 i \ r--""'\ , ) 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) .-~ CD2:58 " I I C I T Y o F CLEARWATER POST OFFICE BOX 4748 ----".- ,- '< 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"