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HomeMy WebLinkAbout2019 03 25 Consent 302 Statewide Mutual Aid AgreementCOMMISSION AGENDA ITEM 302 REQUEST: Informational Consent X Public Hearings Regular March 25, 2019 KS KB Regular Meeting City Manager Department The Police Department request consent and consideration of the Commission to enter into a Statewide mutual aid agreement allowing the Police Department to render aid as well as request aid from other governmental agencies statewide during times of emergency declarations. SYNOPSIS: The Police Department regularly uses mutual aid agreements to request assistance from surrounding jurisdictions as well as assist many other jurisdictions. This request will allow us to continue this practice statewide as well as allow for the request of reimbursement from FEMA and the Department of Emergency Management for those services. CONSIDERATIONS: The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of infrastructure needed to deliver those services. Such disasters are likely to exceed the capability of any one local government to cope with the emergency response. These disasters may also give rise to a unusual technical needs that local governments may be unable to meet with existing resources, but other local, county, and state governments will be able combine their resources to offer a more enhanced response to our community. When Hurricane Michael struck the panhandle a few months ago this agreement was enacted and our Police Department was able to send an officer to assist for two weeks along with the eight other agencies within Seminole County. Should Winter Springs ever experience such devastation it is likely we would request such a response. Consent 302 PAGE 1 OF 2 - March 25, 2019 FISCAL IMPACT: There is no fiscal impact associated with this item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the Commission approve the City to enter into the Statewide mutual aid agreement and authorize the City Manager and City Attorney to execute any and all documentation necessary to enter into this agreement. ATTACHMENTS: Statewide Mutual Aid Agreement Consent 302 PAGE 2 OF 2 - March 25, 2019 DIVISION OF MANAGEMENT RON DESANTIS JARED MOSKOWITZ Governor Director STATEWIDE MUTUAL AID AGREEMENT This Agreement is between the FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("Division") and the local government signing this Agreement (the "Participating Parties"). This agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of' disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the emergency with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, Chapter 252, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to Chapter 252, the Division has the authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE 1. Definitions. AS used in this Agreement, the following expressions shall have the following meanings: A. The -Agreement" is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement ("SMAA"). B. The "Division" is the Division of Emergency Management C. The "Participating Parties" to this Agreement are the Division and any and all special districts, educational districts, and other local and regional governments signing this Agreement. D. The "Requesting Parties" to this Agreement are Participating Parties who request assistance during an emergency. E. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in an emergency to a Requesting Party. F. The -State Emergency Operations Center" is the facility designated by the State Coordinating Officer to manage and coordinate assistance to local governments during an emergency. G. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Florida Statutes. H. The "State Coordinating Officer" is the official whom the Governor designates, by Executive Order, to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order, Chapter 252, Florida Statutes, and the State Comprehensive Emergency Management Plan. 1. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in an emergency, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. J. A -special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.0 12(3), Florida Statutes, regardless of whether established by local., special., or general act, or by rule, ordinance, resolution, or interlocal agreement. 2 K. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes and any community school and state university within the meaning of section 1000.21, Florida Statutes. L. An "interlocal agreement" is any agreement between local governments within the meaning of section 163.0'1(3)(a), Florida Statutes. M. A "local government" is any educational district or any entity that is a "local governmental entity" within the meaning of section 1 1.45(l )(c), Florida Statutes. N. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act. ARTICLE 11. Applicability of the Affireemen . A Participating Party may request assistance under this Agreement for a "major" or "catastrophic disaster" as defined in section 252.34, Florida Statutes. If the Participating Party has no other mutual aid agreement that covers a "minor" disaster or other emergencies too extensive to be dealt with unassisted, it may also invoke assistance Linder this Agreement for a "minor disaster" or other such emergencies. ARTICLE 111. Invocation of the Agreement. In the event of an emergency or threatened emergency, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party, or from the Division if, in the judgment of the Requesting Party, its own resources are inadequate to meet the emergency. A. Any request for assistance Linder this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the County Emergency Management Agency of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the emergency for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by County Emergency Management Agency of the Requesting Party to either the Division, or to another Participating Party. If the Requesting ["arty transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party, All such activities shall be carried out in accordance with the State's Comprehensive Emergency Management Plan. D. Nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equipment, supplies, services and other resources that are staged by the Division, or by other agencies of the State of Florida, for use in responding to an emergency pending the assignment of such personnel, equipment, supplies, services and other resources to an emergency support function/mission. The documentation, payment, repayment, and reimbursement of all such costs shall be rendered in accordance with the Comprehensive Emergency Management Plan, and general accounting best practices procedures and protocols. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Requesting Pat -ties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing Such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed', C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or Structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, set -vices, or other resources; G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and K A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Part)/ to the extent practicable that its personnel, equipment, resources and capabilities can render assistance. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form B attached to this Agreement, and the completion of Form B by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel, B. An estimate ofthe time such personnel, equipment, supplies, and services will continue to be available; 5 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties, and E. The names of all personnel whom the Assisting Party designates as Supervisors. F. The estimated costs of the provision of assistance (use FEMA's Schedule of Equipment Rates spreadsheet attached to Form B.) ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisor(s) of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, set -vices and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) calendar days' notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrolMic and inqjor disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources Sufficient equipment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters and other emergencies, the Requesting Party shall be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, it shall to the fullest extent practicable, M coordinate all communications between its personnel and those- of any Assisting Parties, and shall determine all frequencies and other technical specifications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. If personnel of the Assisting Party hold local licenses or certifications limited to the county or• municipality Of issue, then the Requesting Parry shall recognize and honor those licenses or certifications for the duration of the support, ARTICLE VII. Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred Linder this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by ail Assisting Party in responding to a request that the Division initiates oil its own, and not for another Requesting Party. B. An Assisting Party shall bill the Division or other Requesting Party as soon as practicable, but not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the bill is received. Failure tel protest any bill or billed item in writing within thirty (30) calendar days shall constitute agreement to the bill and the items oil the bill and waive the right to contest the bill. D. If the Division protests any bill or item on a bill from ail Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the bill or item to the original IN Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested bill or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested bill or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of' any such assistance. All requests to the Federal Emergency Management Agency (FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. 1. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division may waive such repayment for cause. ARTICLE V1,11. 8 Costs Ebeible for Reimbursement. The costs incurred by the Assisting Party Linder this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA* s Schedule of' Equipment Rates ( attached to Form B) , or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately trona equipment costs. The Assisting Party shall pay for fuels. other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable Supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of Such fuels, I consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use Linder this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party For any of the costs for such damage that may otherwise be payable. 9 C. The Requesting Party shall pay the total costs for the use and consumption of any and all Consumable supplies delivered by the Assisting Party for the Requesting Party Linder this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining Unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used Consumable supplies with like supplies in usable condition and of" like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered Linder this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Division and the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. oil all weekdays, except for official holidays. ARTICLE IX. Insuranig. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities Linder the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability coverage for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. C. Any Participating Party that is self-insured with respect to my line or lines of insurance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self= insurer. elf- insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any Judicial or quasi -Judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Reguirenients. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be Submitted in detail sufficient for auditing purposes. To the extent that Such bills represent costs incurred for travel, such bills shall be submitted in accordance with section 112.061, Florida Statutes, and any applicable requirements fior the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. 1). No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. E. No costs reimbursed Under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Division under this Agreement shall be sent to the Director, Division of Emergency Management, 2555 Shurnard Oak Boulevard, Tallahassee, Florida 32399-2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form C attached to this Agreement. For the purpose of this Section, any Such communication may be sent by the U.S. Mail, e-mail, or by facsimile. ARTICLE XI. Effect of ALYreeinent. Upou its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless ol'whether billed or unbilled. B. The execution of this Agreement by any Participating Party NvInch is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties. responsibilities and obligations of that Participating Part), under that agreement, but such termination shall not affect the liability of the UK Participating Party for the reirnbursernent of any costs due under that agreement, regardless of whether billed or unbilled. C Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June ' ) O, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before that date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. F"'. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interi)reCation and ARDlication of Agreement. The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, 13 obligations, duties, responsibilities, and promises Linder it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties Nvith respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable or invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable, The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, Clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately-, therefore, please check these terms periodically for changes. If the change is substantive, the Participating Party may be required to execute the Agreement with the adopted changes. Your continued Or Subsequent use of this Agreement following the posting of minor changes to this Agreement will mean you accept those changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver ofany other obligation or condition in this Agreement. NOTE: On Februai37 26, 2018, thisAgreentent )vas niod?fled k), the Division of'Emergencj, Management. This, document rej)laces the Augnist 20, 2007 edition ofthe Statewide Mutual Aid Agreement; however, attv and all'Agreements prei,iously avecuted shall remain in ji4liffirce and e ffeet. Any local government, sj)ecial district, or edneational institution which has jwt to e.veente this Agreement should use the Fehruarj, 26, 2018 edition fir thelnirlmses ofliecoming a signatol-y. IN WITNESS WHEREOF. the Participating Parties have duty executed this Agreement on the date specified below: 14 FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Director ATTEST: CITY CLERK By: Date: CITY OF STATE OF FLORIDA im Title: Title: Date: Approved as to Form: By: City Attorney 16