INTERLOCAL AGREEMENT RE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into this LL day of
&~ , 2006, by and between PINELLAS COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY," and the CITY OF CLEARWATER, a
municipal corporation of the State of Florida, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, COUNTY is a "local emergency management agency," pursuant to Chapter
252, Florida Statutes, and therefore has the responsibility for Emergency Management for the
County; and
WHEREAS, in furtherance of the County's Comprehensive Emergency Management
Plan, the COUNTY and the CITY desire to cooperate in the interest of public safety by
providing facilities and necessary personnel to assist before, during and following a disaster; and
WHEREAS, this Agreement is made and entered between the parties pursuant to Section
163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969."
NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration the receipt and adequacy of which is hereby acknowledged, and the
promises and covenants contained herein, the Parties agree as follows:
Section 1. Purpose and Term. The purpose of this Agreement is to provide for cooperation
and coordination between the COUNTY and the CITY in carrying out joint responsibility to
serve the citizens of Pinellas County during disasters or enemy attack, by providing the subject
facility for the evacuation of citizens in preparation for or following a disaster. The City of
Clearwater will not engage in the management or operation of this public disaster shelter.
The term of this Agreement shall be five (5) years from the date of final execution ofthis
Agreement. This Agreement may be renewed in writing, by both parties, for additional five (5)
year terms. In the event the Facility must undergo certain repairs, improvements, or
modifications, the CITY shall give sixty (60) days notice to the COUNTY, whenever possible.
Such notice shall include the reason for the Facility closure and an anticipated re-opening date.
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Section 2. Definition of Disaster. A disaster shall be defined as an occurrence such as a
hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought,
weather-related event, pandemic, pestilence, famine, civil disturbance, fire, explosion, building
collapse, transportation accident, hazardous material incident, terrorist attack, or other situation
that is life threatening, causes human suffering or creates human needs that the victims cannot
alleviate without assistance.
Section 3. Duties of the CITY. The CITY agrees to:
A. Provide the Parks and Recreation facility known as Ross Norton Recreation and Aquatic
Complex, located at 1426 S. Martin Luther King Jr. Avenue, Clearwater, Parcel No.
22/29/15/00000/320/0100, hereinafter referred to as the "Facility". For purposes of this
Agreement, the portions of the Facility to be utilized shall be the lobby, gymnasium,
multi purpose room, kitchen, fitness center, teen lounge, and a set of restrooms.
B. Provide staff person(s) with knowledge and access to the Facility, its supplies, storage
capacities, plant operations, and other essential facility functions. It is expressly
understood that such staff shall have final authority in matters relating to utilization at the
Facility, provided that the health, safety and welfare of disaster victims shall guide such
decisions.
C. Provide such employee support, personnel, and existing equipment use as are needed to
facilitate coordination and delivery of centralized emergency disaster support covered by
this Agreement. The CITY shall secure any outdoor items, such as tables, bleachers,
lifeguard stands, umbrellas, to prevent such items from becoming airborne or causing
injury or harm. CITY shall relocate requested exterior tables not already installed or
fastened to the ground to inside the facility as designated by COUNTY.
D. Provide appropriate law enforcement, emergency medical services, and fire protection, in
accordance with other County-wide agreements for Public Shelters in effect, at the
Facility.
E. Protect the floor of the gymnasium from damage.
F. Identify and designate a location for the placement of a trailered generator. CITY shall
install bollards at such location for the securing ofthe generator at such site.
G. Lock and secure any and all doors, gates and points of entry from access to the aquatic
area and the skateboard area, subject to the provisions of Fire Codes.
H. The CITY shall submit such billing information and financial or expense reports
necessary for COUNTY to apply for FEMA reimbursements for shelter operations, as
requested by the COUNTY in a timely fashion.
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Section 4. Duties of the COUNTY. The COUNTY, through its Department of Emergency
Management, agrees to:
A. Use, operate, and manage the Facility as a shelter for victims affected by a Disaster, as
that term is defined above. The COUNTY shall provide such services through a third
party contractor.
B. Cooperate with the designated CITY personnel at the Facility.
C. Provide notice to the CITY in the event of the need of use of the Facility. COUNTY
shall provide as much advance notice as reasonably possible under the Disaster
circumstances.
D. Provide a portable generator for use during COUNTY'S occupancy.
E. Restore, make repairs to property, buildings, and facilities as may be caused by or
incidental to the use as a disaster shelter, and clean the Facility to a pre-shelter use
condition for use as a recreation facility based upon approval of the CITY upon the
conclusion of the Disaster.
F. Provide the CITY with specific requests for billing and financial information to enable
the COUNTY to submit for reimbursement from FEMA for operation of the shelter.
Section 5. Facility Alterations. As a condition of this Interlocal Agreement, the COUNTY
agrees to make certain alterations to the Facility. Such alterations shall include a transfer switch
to accommodate a portable generator for use during COUNTY'S occupancy, and others, with
prior approval of the CITY, that the County requests for use as a disaster shelter.
Section 6. Reimbursable Expenses to the CITY. The COUNTY agrees to reimburse the
CITY for reasonable expenses as set forth below:
A. General Guidelines. The financial obligation of the COUNTY undertaken in this
Agreement for reimbursement to the CITY shall include reasonable reimbursement of
incurred operation expenses, replacement of supplies, equipment and/or property'
consumed, and utilities, as may be caused by or incidental to the use as a disaster center.
The hourly per diem rate for such reimbursement shall be $20.00 per hour. The hourly
rate may be increased each year up to an amount not to exceed ten (10%) percent.
However, such hourly rate shall always be the actual and true costs incurred by the CITY.
B. Actual Emergencies. Expenses shall be paid by Pinellas County Emergency
Management for the Facility, staff on duty, staff on standby, and shall be actual current
per hour straight time rate and actual per hour overtime rates for, transportation,
warehouse, custodial, maintenance, and other eligible staff. COUNTY shall not pay
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CITY staff costs for law enforcement, emergency medical services, and fire protection.
Costs of eligible expenses must be reasonable and not exceed the budgetary loss incurred
for providing such services. A detailed billing of these costs that meets Federal
Emergency Management Administration (FEMA) Guidelines in response to specific
requests, guidance, and details as provided for by the COUNTY, must be provided.
C. County Retained Funds: The COUNTY will use its best efforts to recover funds from
federal agencies when a declaration has been issued pursuant to Chapter 252, Florida
Statutes. Pursuant to the terms of this Agreement, these funds shall be obtained and
retained by the COUNTY to offset the cost paid to the CITY.
Section 7. Plannin~ and Notices. Cooperative arrangements for planning, exchange of
information and notifications regarding preparedness and disaster operations shall be developed
and maintained by the respective parties' Departments of Emergency Management.
Any Notices required to be provided under the provisions of this Agreement shall be sent
by Certified Mail, return receipt requested, to the following parties:
COUNTY
Gary Vickers, Director
Dept. of Emergency Mgt.
400 S. Ft. Harrison Ave.,
Clearwater, FL 33756
CITY
William Vola, Coordinator
Dept. of Emergency Mgt.
112 S. Osceola Ave.
Clearwater, Fl 33756
With a copy to the following:
Lease Management Division
201 Rogers Street
Clearwater, FL 33756
Clearwater Parks and Recreation Director
100 S. Myrtle Ave
Clearwater, FL 33756
Section 8. Indemnification Provision. The COUNTY and the CITY agree to be responsible
for their own acts of negligence or their respective agents' acts of negligence when acting within
the scope of their employment, and agree to be liable for damages resulting from said
negligence. Nothing herein shall be construed to waive or modify the provisions of Section
768.28, Florida Statues or the doctrine of sovereign immunity.
Section 9. Fiscal Fundin~. In the event that funds are not appropriated by the COUNTY in
any succeeding fiscal year for purposes described herein, then COUNTY and CITY shall be
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relieved from obligation to perform those purposes, tasks, or obligations until such time as funds
are budgeted and appropriated, if ever, without penalty to COUNTY or CITY.
Section 10. Entire A!!reement. The Agreement as hereinabove set forth, including all exhibits
and riders, if any, incorporates all covenants, promises, agreements, conditions and
understandings between the parties, and no covenant, promise, agreement, condition or
understanding, either written or oral, not specifically set forth herein shall be effective to alter the
performance or the rights of the parties as hereinbefore stated.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Interlocal
Agreement the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~(~
Mayor-Commissioner
BY:/~2f};~j~~
William B. Home II
City Manager
Approved as to form:
Attest:
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e.f:fa~jdt
Assistant City Attorney
,ATTEST:" 'Ken Burke
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'" . . . (,' /Sler\c of Circuit Court
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(SEAL)
APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
By: S....'"('h~\.. \?a.'r--~~~_
Title: Asst. County Attorney
Whitney/2006-0051 Agreement Final.doc
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