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HomeMy WebLinkAboutFlorida Department of Community Affairs Modification #1 To State Mutual Aid Agreement EXEMPTION / /" 21, 1994 MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT ~, the undersigned County/Municipality (strike one), along with the Department of Community Affairs, Division of Emergency Management (OEM) and various other counties and munici~ palities in the State of Florida, has entered into the Statewide Mutual Aid Agreement for Catastrophic Response and Recovery (the Agreement); and WHEREAS, the parties to the Agreement are desirous of amending the Agreement, to revise provisions regarding the handling of workers' compensation claims and to clarify and correct certain other terms and conditions; NOW, THEREFORE, the undersigned signatories agree: " , 1. The title of the Agreement is revised to read: "State- wide Mutual Aid Agreement." 2. The introductory paragraph is revised to read: "THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI- PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON- TAINED HEREIN-, BASED UPON THE FOLLOWING FACTS,:". 3. The first sentence of SECTION 1. DEFINITIONS, paragraph A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid Agreement." The remainder of that paragraph is unchanged. 4. SECTION 1. DEFINITIONS, paragraph D. "AUTHORIZED REPRESENTATIVE" is revised to read: "An employee of a participat- 1 / i ,- /"'6ctOber 21, 1994 , ing 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 hereto as 'Exhibit A,' and shall be updated as neede~ by each participating government." 5. SECTION 1. DEFINITIONS, paragraph H. "PARTICIPATING GOVERNMENT" is revised to read: "The State of Florida, any county which executes this Agreement and supplies a complete, executed copy to the Division, and any municipality which executes this Agreement and supplies a complete, executed copy to the piyi- sion." ~. A new paragraph K. is added to SECTION 1. DEFINITIONS, to read as follows: "K. 'MAJOR DISASTER'- a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.1t 7. The initial, unnumbered, paragraph of SECTION 2. PROCEDURES, is revised to read: When a Participating Government either becomes affected by, or is under imminent thr~at of, a major 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 for mutual aid ass is- 2 1;:. tance to the Assisting Party or to the Division, fol- lowed as soon as practicable by written confirmation ,of said request. Mutual aid shall not be requested by any Participating Government unless resources available within the stricken area are deemed inadequate by that Participating Government. Municipalities shall coordi- nate requests for state or federal assistance with their County Emergency Management Agencies. All re- quests 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 major disasters, except where the Participating Government has no other mutual aid agreement for the provision of assistance related to emergencies or disasters, in which case a Participating Government may request assistance related to any disaster or emergency, pursuant to the provi- sions of this Agreement. 8 . SECTION 2. PROCEDURES, paragraph C. REQOIRED INFORMA- TION, subparagraph, 6 is revised to read: 6. An estimated time and a specific place for a · representative of the Requesting Party to meet the 3 - personnel and equipment of any Assisting Party. This information may be provided on the form attached as Exhibit UB," or by any other available means. The Division'may revise the format of Exhibit uB" subsequent to the execution of this agreement, in which case it shall distribute copies to all Partici- pating Governments. 9 . SECTION 2. PROCEDURES, paragraph I. WRITTEN, ACXNOWL- BDGEHEHT, is revised to read: I. WRITTEN ACXNOWLEDGEMENT_ The Assisting Party shall complete a written acknowledgment regarding the assistance to be rendered, setting forth the informa- tion transmitted in ~e request, and shall transmit it by the quickest practical means to the Requesting Party or the Division, as applicable, for approval. The form to serve as this written acknowledgement is attached as Exhibit C. The Requesting Party/Division shall respond to the written acknowledgement by executing and return- ing a copy to the Assisting Party by the quickest practical means, maintaining a copy for its files. 10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON- NEL, is revised to read: A. PERSONNEL - During the period of assistance, 4 -- ~.' " ~~ .' 21, 1994 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 (including travel expenses) incurred during the period of assistance, including, bu~ not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles (GAAP). However, ,the Requesting Party shall not be responsIble for reimbursing any amounts paid or due as benefits to employees of the Assisting Party under the terms of-the own employees. 11. SECTION 7. TERM, is revised to read: Th~s Agreement shall be iri effect for one (1) year from the date hereof and shall be renewed in successive one (1) year terms unless terminated upon sixty (60) days advance written notice by the Participating Gov- , ernmerit. Notice of such termination'shall be made in writing and shall be served personally or by registered 5 mail upon the Director, Division of Emergency Manage- ment, Florida Department of Community Affairs, Talla- hassee, Florida, which shall provide copies to all other Participating Governments. Notice of termination shall not relieve the withdrawing Participating Govern- ment from obligations incurred hereunder prior to the effective date of the withdrawal and shall not be effective until sixty (60) days after notice thereof has been sent by the Director, Division of Emergency Management, Department of Community Affairs to all other Participating Governments. 12. ' SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS, is revised to read: 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 af~ect 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 163.01, Florida stat- utes, those parties agree that said agreements are 6 superseded by this agreement only for emergency manage- ment assistance and activities performed in major disasters, pursuant to this agreement. In the event that two or more parties to this agreem~nt 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. 13. The document attached to the Agreement and formerly labeled "APPENDIX A," is revised to be titled "EXHIBIT A" as ,- , indicated in the attached EXHIBIT A. The document attached to the Agreement entitled "REQUIRED INFORMATION" is revised to be titled "EXHIBIT B" as indicated in the attached "EXHIBIT Bo" The document attached to the Agreement and entitled "ACKNOWLEDGMENT" is revised to be titled "EXHIBIT C" as indicated in the attached "EXHIBIT C." 14. This Modificationshall become effective only as between those counties and municipalities, and the state of Florida, when they have actually executed a copy of the MODIFICA- TION 11 TO STATEWIDE MUTUAL ,AID AGREEMENT containing identical terms, and when that copy has been executed by the State of \ Florida, Division of Emergency Management. 7 IN WITNESS WHEREOF, the parties set forth below have duly executed this Agree~ent onjthe date set forth below: ATTEST: , CLERK OF THE CIRCUIT COUR':t' BY:~~~. " "_ Cler ATTEST: CITY CLERK BY:~ ~. ~.t~ T,i tIe CITY CLERK STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISIO OF, EMERGENCY MANAGEMENT By: Title BOARD OF COUNTY COMMISSIONERS OF SEMINOLE FLORIDA (co~y) By: /~4e.d.,- Chal.rman APPROVED AS TO FORM: he~n~Attorney By. r~____ Winter Springs 8 STATEWIDE MOTOAL AID AGRERHBNT EXHIBIT A Date: Name of Government: City, of Winter .Springs Mailing Address: city, state, Zip: 1126 E. SR 434 . Authorized Representatives to Contact for Emergency As'sistance: Winter Springs, FL 32708 :";:! PrimarY Representative '. '. . :.."-:'~ , Name: _Tim, Lal.lathin , " ~... Title: Fire Chief Address: 1126 E~.SR.4~" Winter Springs, FI,.32708 Day Phone: (407) 327-2332 FAX No.: (407) 327-8514 1st Alternate Representative , Name: Dave 0' Brien' . Ti tIe: Deputy Fire Chief Address: 1126 E... SR 434, Winter Springs, FL 32708 Day Phone: ,(407)' 327-2332 2nd Alternate Representative Name: Charles Sexton Title: ,Police Chief Address: 1126 E. SR 434, Winter Springs, FL ,32708 Day Phone: (407) 327-1000 9 '- .':......-:.". BXHIBIT B STATEWIDB XUTOAL AID AGREBHENT REQUIRED' INJ'ORKATIOH ' Each request for assistance shall be accompanied by the following information, to the extent known: 1. General description ,of the damage sustained: . ,", ~' .j~ \.,', ~ 2. Identification of the emergency service function for which assistance is needed (e.g. fire, law enforcement, emergency medic~l, transportation, communications, public works an~ engi- neering, building, inspection, planning and information assis- tance, mass care, resourc~ support, health and other medical services, search and rescue, etc.) and the particular type of assistance needed: 10 REQUIRED INFORMATION (continued) 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 ass~stance "~~' 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 ~utside the ReqUesting Party's po1itica1 subdivision to se,rve as re1ief centers or staging areas for incoming emergency goods and servic- es: 11 REQUIRED INFORMATION (continued) An estimated time and specific place for a representative of the Requesting Party to meet the personnel and equipment of any Assisting Party. , 12 ..~~". .....~~:'. " !. -'. ;S.' j,:~-- ,. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD LANGUAGE FOR PROPERTY RECORDS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Notice of Limitation of Use/Site Dedication The Property identified in the attached project agreement and boundary map has been acquired or developed by the project sponsor with financial assistance provided by the Florida Department of Environmental Protection (DEP) in accordance with Program statutes. Pursuant to requirements of that rule, land already owned and then developed or land acquired by the project sponsor with grant assistance shall be dedicated in perpetuity as an outdoor recreation area for the use and benefit of the general public. Leased land developed by the project sponsor with program assistance shall be dedicated as an outdoor recreation area for the general public for a minimum of twenty-five (25) years after completion of development. If the project sponsor should convert any apart of the project area or the facilities thereon, whether acquired or developed with grant assistance, to other than DEP approved recreational uses, the project sponsor shall replace the area and facilities at its own expense with a DEP approved project of comparable or greater scoped and quality. In lieu of such replacement, DEP may require return of grant funds disbursed to the project sponsor. Grant funds shall be refunded with interest, calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve. I certify that copies of the Notice of Limitation of Use/Site Dedication form, project agreement and project boundary map have been filed in the County Courthouse with the deed, to the property on which the following grant project is located: \ ~ : Trotwood Park F. RDAP Project N"(2.d Number (~~ ~ Signature of Liaison Agent '" ' , -J ;:1' Chuck Pula. Parks and Recreation Director Typed Name and Title , ( . ! .. . - ,j THIS INSTRUMEN'!'?REPARED BY (~ .:, . \~.., ':. :,~.:. \r'''',~AME;J~iIAJ m/~ !' TY,PEDNAtv1E:"Ronald W, McLemore ADDRES:ffI26 E. S.R. 434 WINTER SPRINGS. FL. 32708 t[i;:; }i':',.: ':. "'<"""\~ f~~X~h . "\ lh" :i 1126 E. S.R. 434 Winter Springs, Fl. 32708 Address 1'(102.00.. Date ~ ANDREA LORENZO.LUACES MY COMMISSION II CO 831831 EXPIRES: May 9, 2003 l~ARY FIa NoWy SeMc. & Bondlng Co, .. j '!