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1994-043 Statewide Mutual Aid Agreement RESOLUTION NO. 43-9A A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING RECIPROCAL EMERGENCY AID AND ASSISTANCE IN CASE OF EMERGENCIES AND NATURAL DISASTERS T00 EXTENSIVE TO BE DEALT WITH ON AN UNASSISTED BASIS; AND, PROVIDING FOR AN EFFECTIVE DATE. ' BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach does hereby approve the Statewide Mutual Aid Agreement with the State of Florida, Division of Emergency Management, attached as Exhibit "A", which is for the purpose of securing reciprocal emergency aid and assistance in case of emergencies and natural disasters too extensive to be dealt with on an unassisted basis. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Statewide Mutual Aid Agreement with the State of Florida, Division of Emergency Management, set forth in Exhibit "R" for and on behalf of the ' Village of North Palm Beach. 1 1 Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th-. DAY OF Octati~er 1994. (Village Seal ) ~1 MAYOR ATTE ,Q 7.! /. ~ ~ u ./ VILLAGE CLERK i ~/. f 1 / MEMORANDUM TO: DENNIS KELLY, VILLAGE MANAGER FROM: BRUCE. F. SEKER:I~ DIRECTOR OF PUBLIC SAFETY SUBJECT: STATEWIDE MUTUAL AID AGREEMENT DATE: SEPTEMBER 13, 1994 On September 8, 1994 I received your 9/7/94 memo on the above topic, along with the attachments. This material has been reviewed and my replies are as follow: ' Your questions first. /1 1, Yes, it is worth our while. N 2a, No, I see no need to modify the agreement. /! 2b, No, it would not have an impact on our other agreements. I strongly agree with the concept and feel only positives would result from its adoption. It would be my recommendation that the Village get involved and signs on. The best advantage that I see is it would facilitate a better and faster influx of funding and assistance, at time of a disaster, from both State and Federal agencies. In fact, without the agreement we may not be able to receive as much aid. I also agree with the proposed workers comp issue. I feel each entity should be responsible for their own. A much better system as I see it. Whenever these kinds of subjects are being presented, at local seminars and conferences, all Village departments .that could be involved in a disaster situation, should send representatives. Public Sa~'ety isn't the only issue discussed. Finance, Public Works and the overall coordination of these efforts are all important. Each one of us will have a job to do and we must be prepared to do it. I3FS:jl ' cc: Captain Warren Ilurricane Prep file MEMORANDUM VILLAGE OF NORTH PALM BEACH TO: Tom Hogarth, Public Services Director Bruce F. Sekeres, Public Safety Dir Shaukat Khan, Finance Director FROM: Dennis W. Kelly, Village Mana er llATE: September 7, 1994 RE: STATEWIDE MUTUAL AID AGREEMENT Request all of you review the attached material regarding the above subject and provide me with your review and comments. Specifically, is it worth our while to enter into a Statewide Mutual Aid Agreement, per the attached material? Is there a need from youz perspective to modify or amend the draft agreement more to our benefit and, if so, would it have an impact on the other agreements? And, overall, whether or not you agree or disagree with the concept. Any other comments you can lend to this that will enlighten myself and the rest of the staff will be helpful. DWK:sh Attachment 1 c MEMORANDUM ~ \~, TO: KERRY WILLIS, CITY MANAGER ,~ ' WENDY NEWMYER, ASST. CITY MANAGER BETTY RESCH, C[TY ATTORNEY MIKE DUTCON, FIRE CHIEF/EMERGENCY OPERNS COORDINATOR FROM: DAVE MURPHY, RISK MANAGERCJ~~ DATE: AUGUST 25, 1994 SUBJECT: STATEWIDE MUTUAL AIDE AGREEMENT I am attaching the above agreement for your review. The entities present at today's seminar (primarily municipalities and counties), were all in agreement that we should enter into, by resolution, this agreement. So far the Dept. of Community Affairs has 25-30 signed agreements. Palm Beach county has signed and the Executive Board of the Municipal League is urging their members to do the same. The reasons brought forth in today's seminar were: • It will make it easier for FEMA reimbursement. Tn fact, the DCA senior counsel reported that entities may not be reimbursed without such an agreement • There have been 5 presidential declared disasters in the last 24 months • Coordinates work efforts - eliminates a lot of the mass confusion we had during ANDREW • Even if we have existingInterlocal agreements, they are with contiguous cities who also may be impacted. We need to draw assistance from entities not impacted • Existing Interlceal agreements will not be affected • Federal monies always come with costs of their own • We will have faster and more efficient assistance • Dces not eliminate any of our existing public safety Interlocals (Police & Fire) • FEMA will not be reimbursing entities for force labor afrer October 14, 1994 involving category A-B requests (emergency work and debris removal) The only concern we had with this agreement was the worker's compensation, Section J, A, PERSONNEL, p. 13-14. The agreement presently specifies that the Requesting Party shall be responsible for the Assisitng Party's WC benefits should an employee sustain a work related injury. It was suggested by the cities and counties in attendance (and is already in the works), that each entity be responsible for their own WC benefits. ,..,,x~ I am going to have FIRMA review this, as well. Thank you. tx ' ~`j~"~G. q `4 '0ai ~9 99e ~.'.. ~ OF ,~cF _ ~°9rna F Board of County Commissioners Mary McCarty, Chair Ken I.. Foster, Vice Chairman Karen T. Marcus A. Roberts n H. Newell B aronson e Ford Lee County Administrator Robert Weisman Department of Public Safety Emergency Management August 24, 1994 Dear Municipal official: County and the State of Florida. On August 16, 1994, the Board of Palm Beach County Commissioners adopted by Resolution, the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery between Palm Beach On this date, August 24, by unanimous vote, the Executive Board of the Municipal League of Palm Beach County recommended that its member municipalities adopt the agreement. The construction of the exe cution page to the agreeme nt (page 22) is such that participating municipalities are asked to become a signatory to the agreement on the document used by the county. Therefore, we are providing each municipality with a copy of the county's execution page and one line for each individual municipality to use. i,~ if your municipality elects to enter into this agreement, we ask you to forward through us to the state, two original executed copies accompanied by whatever authenticating document you use to authorize the signing official. You also must provide as part of your submittal, a certificate of insurance, self insurance or otherwise. When the fully executed copy is received by you from the state, we request that you provide us with a copy of the completed document so that a file can be maintained for you in the County's Emergency Operating Center. BTK:fd pinlod on rceyNmf Oapor Respectfully, r~.~.~ ~ B. T. Ketlnedy, J~. Director, Palm B ach County Division of Emergency Management "An Equal Opportunity - Atlirmalivc Aclion Cm ploycr" 3723 6clvvderc Road Wcst Palm 6cach, Florida 33406 (407) 233-3500 1 Anvil 27. 1946 R9~ iu ~'y ~ STATEWIDE MUTIIAL AID AGREEMENT FOR'CATASTROPHIC DIBASTER RE8PON8S AND RECOVERY THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL ~"G AUG 1 6 1994 SUBDIVISION OR THE STATE THAT EXECUTES AND ADOPTS THE TERMS AHD CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS: WHEREAS, the State Emergency Management Act, Chapter 252, Florida statutes, authorizes the state and its political subdivisions to develop and enter into mutual 'aid agreements for reciprocal emergency aid and assistance in case o! emergencies too extensive to be dealt with unassiated7 and WHEREAS, Chapter 252, Florida Statutes, sets lorth details concerning powers, duties, rights, privileges, and immunities of political subdivisions of the state rendarinq.outsids aidT and WHEREAS, Chapter 252, Florida Statutes, authorizes the state to enter into a contract on behalf o! the stets for the lease or loan to any political subdivision of the state any real or personal property of the state government or the temporary transfer or employment of personnel of the scats government to or by any political subdivision of the states and WHEREAS, Chapter•252, Florida Statute3, authorizes the 1 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 Apri( 27, 1096 `V ' subdivision may equip, maintain, utilize, and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed, and to otherwise do all things and perform any and all acts which it may deem necessary to effectuate the purpose for which such contract was entered into; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Div~.sion of Emergency Management to make available any equipment, services, or facilities owned or organized by the state or its political subdivisions for use in the affected area upon request of the duly constituted authority of the area or upon the request of any recognized and accredited relief agency through such duly ' constituted authority; and WHEREAS, Chapter 252, Florida Statutes, authorizes the Division of Emergency Management to call to duty and otherwise provide, within or without the state, such support from available personnel, equipment, and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergencies; and WHEREAS, Chapter 252, Florida Statutes, requires that each municipality must .coordinate requests for state or federal emergency response assistance with ita county; and WHEREAS, the States of Florida is geographically vulnerable ' to hurricanes, tornadoes, freshwater flooding, sinkhole April 27. 1994 ' formations, and other natural disasters that in the past have caused severe disruption of essential human services and severe property damage to public roads, utilities, buildings, parks, and other government owned facilities; and WHEREAS, the Parties to this Agreement recognize that additional manpower and equipment may be needed to mitigate further damage and restore vital services to the citizens•oE the affected community should such disasters occur; and WHEREAS, to provide the most effective mutual aid possible, each Participating Government, intends to foster communications between the personnel of the other Participating Government by visits, compilation o! asset inventories, exchange of information and development of plans and procedures to implement this Agreement; NOW, THEREFORE,_the Parties hereto agree as follows: SECTION 1. DEFINITIONS A. "AGREEMENT" - the Statewide Mutual Aid Agreement for Emergency Response/Recovery. Political subdivisions of the State of Florida may become a party to this Agreement by executing a copy of this Agreement and providing a copy with original signatures and authorizing resolution(s) to the State of Florida Division o! Emergency Management. Copies of the agreement with original signatures and copies oP authorizing resolutions and 1 Ay i l 27, 1446 p_ ' .insurance letters shall be filed and maintained at the Division headquarters in Tallahassee, Florida. 8. ~~REQOESTINa PARTY~~ - the participating government entity requesting aid in the event of an emergency. Each municipality must coordinate requests for state or federal emergency response assistance through its county. C. ~~ASSI6TINa PARTY~~ - the participating government entity furnishing equipment, services and/or manpower to the Requesting Party. D. ~~AOT$ORIZED REPRESENTATIVE~~ - an employee of a participating government authorized in writing by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the participating government executing this Agreement shall be attached as Appendix-A to the executed copy o! the Agreement supplied to the Division, and shall be updated as needed by each participating government. E. ~~DIViSZODP~ -the State of Florida, Department of Community Affairs, Division o! Emergency Management.' F. ~~EMERaENCY~~ - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss o! property. t a ~ti zz. ~wc .per ' G. ~~DISASTER~~ - any natural, technological, or civil e:~ergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, Governor, or the President of the United States. H. ~~PARTICIPATING GOVERNMENT~~ - the State of Florida and any political subdivision of the State of Florida which executes this mutual aid agreement and supplies a complete executed copy to the Division. I. ~~PERIOD OF ASSI6TANCE~~ - the period of time beginning with the departure of any personnel of the Assisting Party from any point for the purpose of traveling to the Requesting Party in order to provide assistance and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever occurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel of the Assisting Party are engaged in a course of conduct not reasonably necessary for their safe arrival at or return Prom the Requesting Party. r J. ~~WOR1C OR WORK-RELATED PERIOD~~ - any period of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and for which the Requesting Party will reimburse the Assisting 5 April 27, 1946 ' Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting Party will return to active work within a reasonable time. Specifically excluded from such period of time are breakfast, lunch, and dinner breaks. SECTION 2. PROCEDURES when a participating government either becomes affected by, or is under imminent threat of, an emergency or disaster, it may invoke emergency related mutual aid assistance either by: (i) declaring a state of local emergency and transmitting a copy of that declaration to the Assisting Party, or to the Division, or (ii) by orally communicating a request Por mutual aid assistance ' to Assisting Party or to the Division, followed as soon as practicable by written confirmation of said request. Mutual aid shall not be requested by Participating Governments unless resources available within the stricken area are deemed inadequate by the Local Emergency Management Agency. All. requests for mutual aid shall be transmitted by the Authorized Representative or the Director of the Local Emergency Management Agency. Requests for assistance may be communicated either to the Division or dirgctly to an Assisting Party. Requests for assistance under this Agreement shall be limited to catastrophic disasters, except where the Participating Government has no other mutual aid agreement based upon Section 252.40 or 163.01, Florida r 6 ~+~ zz, iv4c 9n~ ' Statutes, in which case a Participating Government may request assistance pursuant to the provisions of this agreement. A. REQDE8T8 DIRECTLY TO ASSISTING PARTYS The Requesting Party may directly contact the authorized representative of the Assisting Party and shall provide them with the information in paragraph C below. All communications shall be conducted ._ directly between the Requesting and Assisting Party. Each party shall be responsible for keeping the Division advised of the status of the response activities. The Division shall not be responsible for costs associated with such direct requests for assistance. However, the Division may provide, by rule, for reimbursement of eligible expenses from the Emergency Management ' Preparedness and Assistance 'trust Fund created under Section 252.373, Florida Statutes. B. REQDE8T8 RODTED THRODGH, OR ORI(iINATIN(i FR02{, TH8 DIVISION: The Requesting Party may directly contact the Division, in which case it shall provide the Division with the information in paragraph C below. The Division may then contact other Participating Governments on behal! o! the Requesting Party and coordinate the provision of mutual aid. The Division shall not be responsible for costs associated with such indirect requests for assistance, unless the Division so indicates in writing at the time it transmits the request to the Assisting Party. In no event shall the Division or the state of Florida be 1 7 Iwril 27, 1946 Oy, ' responsible for costs associated with assistance in the absence of appropriated funds. In all cases, the party receiving the mutual aid shall be primarily responsible for the costs ittcurred by any Assisting Party providing assistance pursuant to the provisions of this Agreement. C. REQIIIRED INFORMATIONt Each request for assistance shall be accompanied by the following information, to the extent known: 1. A general description of the damage sustained; 2. Identification of the emergency service function for which assistance is needed (e.q. fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed; 3. Identification of the public infrastructure system for which assistance is needed (e.q. sanitary sewer, potable water, streets, or storm water systems) and the type o! work assistance needed; 4. The amount and type of personnel, equipment, materials, and supplies needed an8 a reasonable estimate of the length o! time they will be needed; 1 Anri( 27. f09G y "~? ' 5. The need for sites, structures or buildings outside the Requesting Party~s political subdivision to serve as relief centers or staging areas for incoming emergency goods and services; and 6. A specific time and place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit B, or by any other available means. The Division may revise the format of Exhibit B subsequent to the execution of this agreement, in which case it shall distribute coipies to all participating governments. ' D. ASSESSMENT OF AVAILABILITY OF RESODRCEB AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party or the Division the authorized representatives of any participating government agree to assess their governments situation to determine available personnel, equipment and other resources. All participating governments shall render assistance to the extent personnel, equipment and resources are available. Each participating government agrees to render assistance in accordance with the terms of this Agreement to the fullest extent possible. When the authorized representative determines that his Participating Government has available personnel, equipment or other resources, they shall so notify the Requesting Party or the 9 ~+i zz. ~occ ~ ' Division, whichever communicated the request, and provide the information below. The Division shall, upon response from sufficient participating parties to meet the needs of the Requesting Party, notify the authorized representative of the Requesting Party and provide them with the following information, to the extent known: 1. A complete description of the personnel, equipment, and materials to be furnished to the Requesting Party; 2. The estimated length of time the personnel, equipment, and materials will be available; 3. The areas of experience and abilities of the personnel ' and the capability of the equipment to be furnished; 4. The name of the person or persons to be designated as supervisory personnel; and 5. The estimated time when the assistance provided will arrive at the location designated by the authorized representative of the Requesting Party. E. BOPERVIBION AND CONTROLS The personnel, equipment and resources o! any Assisting Party shall remain under operational control of tha Requesting Party for the area in which they are serving. Direct supervision and control of said personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. Representatives o! the Requesting Party shall provide work tasks to the supervisory 1 10 mil 27. 1941 ' personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the responsibility and authority for assigning work and establishing work schedules for the personnel of the Assisting Party, based on task or mission assignments provided by the Requesting Party and the Division. The designated supervisory personnel of the Assisting Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and ' other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party and the Division. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided... F. FOOD) 80UBINat SELF-SUFFICIENCY Unless specifically instructed otherwise,, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party Prom the time of their arrival at the designated location to the time of their departure. However, ' Assisting Party personnel and equipment should be, to tha 11 1 wit n. iwc ~'G greatest extent possible, self-sufficient for operations in areas stricken by emergencies or disasters. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. G. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. 8. RIG8T8 AND PRIVILEGES Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such employees.shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment. I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall 1 complete a written acknowledgment regarding the assistance to be rendered, setting forth the information transmitted in the request, and shall transmit it by the quickest practical means to the Assisting Party or the Division, as applicable, !or approval. The form to serve as this written acknowledgement is attached as Attachment C. The Assisting Party/Division shall respond to the written acknowledgement by executing and returning a copy to the 12 April 27. 1946 ' Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided under this Agreement shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the written acknowledgment executed in accordance with paragraph 2.I. of this Agreement. The Requesting Party shall be ultimately responsible for reimbursement of all reimbursable expenses. A. PERSONNEL - During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect: payroll costs and expenses incurred during the period of assistance, including, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation to employees of the Assisting Party under the terms o! the Florida Workers Compensation Act due to personal injury or death occurring while such employees are engaged in rendering aid under this Agreement. while providing services to the Requesting Party, employees oP the Assisting Party shall be considered "borrow servants" of the 13 ~~i zz. vac ' Requesting Party and shall be considered in the "dual employment" with the Requesting and Assisting Parties, subject to the supervision and control of both for purposes of Chapter 440, Florida Statutes. While the Requesting Party shall reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, the Division, and both the Requesting and Assisting Party shall enjoy immunity from civil prosecution as provided for in the Florida Workers' Compensation Act. B. EQoiPMENT - The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which costs are reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228. The Assisting Party shall pay for all repairs to its equipment as determined necessary by its on-site supervisor(s) to maintain such equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical. The total equipment charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the 14 Anil 27, 1V4C ~Y Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. C. MATERIALS AND SDPPLIES - The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established in 3. B. above, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Assisting Party's personnel. The Assisting Party's Personnel shall use reasonable care under the ' circumstances fn the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Division. D. RECORD REEPINO - The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party or the Division using format used or required by FEMA publications, including 44 CFR part 13 and applicable Office of ' Management and Budget Circulars. Requesting Party and Division 15 ~~i z~, ivoc ~ finance personnel shall provide information, directions, and Y assistance for record keeping to Assisting Party personnel. E. PAYMENT - Unless otherwise mutually agreed in the written acknowledgement executed in accordance with paragraph 2.I. or a subsequent written addendum to the acknowledgement, the Assisting Party shall bill the Requesting Party for all '" reimbursable expenses with an itemized Notice as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with 44 CFR part 206. The Requesting Party shall pay the bill, or advise ' of any disputed items, not later than sixty (60) days following the billing date. These timeframes may be modified by mutual agreement. This shall not preclude an Assisting Party or Requesting Party Prom assuming or donating, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided to a Requesting Party. F. PAYMENT BY OR THROUGH THE DIVISIONt The Division of Emergency Management may reimburse for all actual and necessary travel and subsistence expenses for personnel providing assistance pursuant to the request o! the Division, to the extent of funds available, and contingent upon an annual appropriation ' from the Legislature for such purposes. The Assisting Party 16 ~;; zz. ~vc< ' shall be responsible for making written request to the Division for reimbursement of travel and subsistence expenses, prior to submitting a request for payment to the Requesting Party. The Assisting Party's written request should be submitted as soon as possible after expiration of the period of assistance. The Division shall provide a written response to said requests within ten (10) days of actual receipt. if the Division denies said request, the Assisting Party shall then bill the Requesting Party. Zn the event that an affected jurisdiction requests assistance without forwarding said request through the Division, or an assisting party provides assistance without having been ' requested by the Division to do so, the Division shall not be liable for reimbursement of any of the cost(s) of assistance. The Division may serve as the eligible entity for requesting. reimbursement of eligible costs Prom FEMA. Any costs to be so reimbursed by or through the Division shall be determined in accordance with 44 CFR 206.228. The Division may authorize applications for reimbursement of eligible costs from the undeclared disaster portion of the Emergency Management Preparedness and Assistance Trust Fund established pursuant to Section 252.373, Florida Statutes, in the event that the disaster or emergency event is not declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law ' 93-288, as amended by Public Law 100-707. Such applications 17 ~+ ' 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 1 18 April 27, 1000 ~+ ' To the extent permitted by law, and without waiving sovereign immunity, each Party to this Agreement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions, and the actions of its personnel, in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. SECTION 6. LENGTH OF TIME FOR EMERGENCY The duration of such state of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 7 day increments. ' SECTION 7. TER This Agreement shall be in effect for one (1) year from the date hereof and shall automatically be renewed in successive one (1) year terms unless terminated in writing by the participating government. Notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Elaergency Management, Florida Department of Community Affairs, Tallahassee, Florida, which shall provide copies to all other Participating Parties. SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall be in full force and effect upon approval by the participating government and upon proper execution hereof. 1 19 Afxil Z7. ~~~ ~~ ' .SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The responsibilities the Division of Emergency Management, Florida Department of Community Affairs under this Agreement are to: (1) request mutual aid on behalf of a.participatinq government, under the circumstances identified in this Agreement; (2) coordinate the provision of mutual aid to a requesting party, pursuant to the provisions of this Agreement; (3) serve as the eligible entity for requesting reimbursement oP eligible costs from FEMA, upon a Presidential disaster declaration; (4) serve as central depository for executed Agreements; and (5) maintain a current listing of Participating Governments with their ' Authorized Representative and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERA$ILITY: EFFECT ON OTHER AC•R RRMF.NTR Should any portion, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Agreement shall remain in full Porce-and affect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this agreement have entered into other mutual aid agreements, pursuant to Section 252.40, ' Florida Statutes, or interlocal agreements, pursuant to Section 20 April 27, 1946 163.01, Florida Statutes, those parties agree that said agreements are superseded by this agreement only for emergency management assistance and activities performed in catastrophic emergencies pursuant to this agreement. In the event that two or more parties to this agreement have not entered into another mutual aid agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this agreement shall apply unless otherwise agreed between those parties. 1 1 21 1 J ~~r z~.:v4c f S^. IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: ATTEST: r~ CLERK~U'~Ft ~~jCKk~~ ~¢~T Boa of County Co i\ssioner/s . a~ 2~~M B~ACti m~ COUNTY, BOARD OF OF AUG 1 6 19~ F I.oRI DA (Cou •y) BY • ~ `~ r -- c i ~Rd~R, P,4LM BE,4f CvUNTY BCARD OF CCUNTY CCMh11SSICNE' APPROVED AS TO FORM: Office of the Attorney -~ '` 1 EXECUTED BY THE FOLI.oWINti"`PRR'PICIPATING LOCAL GOVERNMENTS IN _~_, COUNTY (attach authorizi resolution or ordinance and insurance letter or res tion f. e h) by Political Subdivision ut orizad Official Date ~<OR~OP ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT By. Director 1 22 ~;; zz. loot MUTUAL AID AGREEMENT FOR EMERGENCY RESPONSE/RECOVERY APPENDIX A Date: July 29. 1994 Name of Government: Palm Beach County Mailing Address: 301 N. Olive Ave., 11th Floor City, State, Zip: West Palm Beach, FL 33401 Authorized Representatives to Contact !or Emergency Assistance: Primary Representative Name: B. T. Kennedy Title: Director, Emergency Management Address: 3723 Belvedere Road, West Palm Beach, PL 33406 Day Phone: (407)233-3500 Night Phone: (407) 233-3500 FAX No.: (407)689-6680 1st Alternate Representative NBIDe: Paul W. Milelli Title: Director, Public Safety Department Address: 3723 Belvedere Road, West Palm Beach, FL 33406 Day Phone: (407)233-3500 Night Phone: (407)233-3500 2nd Alternate Representative Name: Vincent J. Bonvento Title: Assistant County Administrator Address: 3723 Belvedere Road, Weat Palm Beach, FL 33406 Day Phone: (407)233-3500 Night Phone: (407)233-3500 23 April 27. 1046 LJ REQUIRED INFORMATION Each request for assistance shall be accompanied by the following information, to the extent known: 1. General description of tha damage sustained: .. ~' n~ 2. Identification of the emergency service function for which assistance is needed (e.g. Pire, law enforcement, emergency ' medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and other medical services, search and rescue, etc.) and the particular type o! assistance needed: 1 24 April 27. 1946 ' REQUIRED INFORMATION (continued) 3. Identification of the public infrastructure system for which assistance is needed (e.g, sanitary sewer, potable water, streets, or storm water systems) and the type of work assistance needed: ~I 4. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed: 5. The need for sites, structures or buildings outside the Requesting Party~s political subdivision to serve as relief centers or staging areas for incoming emergency goods and services: 25 ~ c ~ n. wv< ' 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. 1 26 g4 1 Aprit 27. 1V9< ACKNOWLEDGMENT To be completed by each Assisting Party. NAME OF ASSISTING PARTY: AUTHORIZED REPRESENTATIVE:' CONTACT NUMBER/PROCEDURES: 1. Assistance To Se Provided: Resource Type Amount Assignmettt 2. Availability of Additional Resources: 3. Time Limitations, if any: 27 Est. Time Arrival