HomeMy WebLinkAboutSeminole County Department of Public Safety EXEMPTION
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Department of Public Safety Emergency Management Division 200 West County Home Road Sanford FI. i277i-6179
Trlrphonr 1407) 323-2500 Ext. 5121 FAX 3i0-9595
December 28, 1994
The Honorable John Bush
Mayor of the City of Winter Springs _
Winter Springs City Hall
1126 E. S.R. 434 - -
Winter Springs, Florida 32708 '"
Re: Mutual Aid Agreement - Modification #1
Dear Mayor Bush:
In September of 1994, the State Division of Emergency Management
began providing local county governments with information regarding
the needed execution of the Statewide Mutual Aid Agreement.
At the local level, we began to execute the Mutual Aid Agreement at
all levels of government. However, there were some concerns voiced
by county and municipal participants as to the wording of some of
the sections and compensation relating to injury verbiage.
DEM (Division of Emergency Management} has made recommended changes
and they are reflected in the modification. The Seminole County
Board of County Commissioners has adopted and executed the
modification to the agreement.
Attached please find an executed copy of the modification for
signature. Please return the modification to Seminole County
Office of Emergency Management for forwarding to State Division of
Emergency Management. Please fill in the required information for
Appendix A on page 9 of the modification.
Thank you for your assistance. If we can be of any further
assistance, please do not hesitate to contact me.
Sincerely.
OFFICE OF EMERGENCY MANAGEMENT
~- ,
Kenneth M. Roberts, CEM
Emergency Management Coordinator
KMR:mal
Attachment
cc: Tim Lallathin, Fire Chief
October 21, 1994 -
MODIFICATION ~1 TO STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the undersigned County/Municipality (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) 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-
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October 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 needed 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 Divi-
sion."
6. 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."
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 threat 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 assis-
October 21, 1994
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.
paragraph C. REQIIIR$D INFORMA-
TION, subparagraph, 6 is revised to read:
6. An estimated time and a specific place for a
f representative of the Requesting Party to meet the
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October 21, 1994
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 copies to all Partici-
pating Governments.
9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACRNOWL-
EDGEl~iENT, is revised to read:
I. WRITTEN ACIOJTOWLEDGEMENT- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the 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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October 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, but not
limited to, employee pensions and benefits as provided
by Generally Accepted Accounting Principle6 (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
Florida Workers Compensation Act due to personal
injury or death occurring while such employees are
engaged in rendering aid under this Agreement. Both
the Requesting Party and the Assisting Party shall be
responsible for payment of such benefits only to their
own employees.
il. SECTION 7. ~~, is revised to read:
This Agreement shall be in 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-
ernment. 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 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 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 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.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "E~IBIT A" as
indicated in the attached E~IBIT A. The document attached to
the Agreement entitled "REQIIIRED INFORMATION" is revised to be
titled "E~IBIT B" as indicated in the attached "E~IBIT B." The
document attached to the Agreement and entitled "ACIQJOWLEDGMENT"
is revised to be titled "E~IBIT C" as indicated in the attached
"EBHIBIT C."
14. This Modification shall 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 ~1 TO STATEWIDE MUTUAL AID AGREEMENT containing identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
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IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement ~--:~ the. date set forth below:
ATTEST:
CLERK OF THE CIRCUIT Ct~UR7C
By:
Cler
ATTEST:
CITY CLERK
By: -
Title CITY CLERK
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF ~ EMERGENCY MANAGEMENT
BOARD OF COUNTY COMMISSIONERS
OF SEMINOLE FLORIDA
(Cou y)
By . ~ .
Chairman
APPROVED AS TO FORM:
Office of a C%~unt Attorney
By.
~~/
CITY OF Winter .Springs
By:
Ti
Off
gy.
Title
TATBWID$ MIITIIAL AID
BBHIBIT A
Date:
Name of Government: City_ of Winter .Springs
Mailing Address: _.1126 E. SR 434 _ _
City, State, Zip: _ Winter Springs, FL 32708
Authorized Representatives to Contact for Emergency Assistance:
primary Representative
Name: Tim_ Lallathin
Title:
Fire Chief .,
Address: 1126 E. SR _434, Winter Springs, FL 32708
Day Phone: (407) 327-2332
FAX No.: (407) 327-8514
1st Alternate Representative
Name : Dave 0' Brien
Title : 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
~' •-t Y.:
B~IBIT B
8TAT8WID$ l[IITIIAL AID AGR$SI~tEDTT
R$QIIIR$D IDTF'ORMATIO~T
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 engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
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REQUIRED INFORMATION (continued)
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 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 servic-
es:
it
{-. .. :; :. ~: ~ - ~ -~ ,R~ ~ erg
REQUIRED INFORMATION (continued)
6. 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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EXHIBIT C
STATEWIDE MUTUAL AID AGREEMENT
ACIaTOWLEDGMENT
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:
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