HomeMy WebLinkAboutFlorida Department of Community Affairs Modification #1 To State Mutual Aid Agreement EXEMPTION
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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:
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, 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-
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, 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-
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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
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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,
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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
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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
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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
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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
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Florida, Division of Emergency Management.
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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
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STATEWIDE MOTOAL AID AGRERHBNT
EXHIBIT A
Date:
Name of Government:
City, of Winter .Springs
Mailing Address:
city, state, Zip:
1126 E. SR 434
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Authorized Representatives to Contact for Emergency As'sistance:
Winter Springs, FL 32708
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PrimarY Representative
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, Name:
_Tim, Lal.lathin
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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
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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:
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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:
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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
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needed:
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4. The amount and type of personnel, equipment, materials, and
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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:
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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.
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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:
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Trotwood Park
F. RDAP Project N"(2.d Number
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Signature of Liaison Agent
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Chuck Pula. Parks and Recreation Director
Typed Name and Title
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,j THIS INSTRUMEN'!'?REPARED BY
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\r'''',~AME;J~iIAJ m/~
!' TY,PEDNAtv1E:"Ronald W, McLemore
ADDRES:ffI26 E. S.R. 434
WINTER SPRINGS. FL. 32708
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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,
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