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HomeMy WebLinkAboutR-94-65RESOLUTION NO. R-94-65 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENTt INDIAN RIVER COUNTY AND ITS MUNICIPALiTiES~ AUTHORIZING THE CITY MANAGER AND CiTY CLERK TO SIGNt ON BEHALF OF THE CITY~ MODIFICATION #1 TO THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of Commissioners approved Indian River County's participation in a Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (the "Agreement") on June 14, 1994; and WHEREAS, the Director of the Indian River County Department of Emergency Services requested local governments in the County to consider participation in the Agreement; and WHEREAS, the city Council of the City of Sebastian, in the interest of protecting the public health, safety and welfare of the citizens of Sebastian, entered into the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery by adoption of Resolution No. R-94-39. WHEREAS, Modification #1 to the Statewide Mutual Aid Agreement, specifically with regard to Workers' Compensation claims, has been presented by the State of Florida Department of Community Affairs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. MODIFICATION TO AGREEMENT. The City Manager and City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to execute Modification #1 to the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, on behalf of the City, a copy of Modification #1 having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. Section 2. CONFLICT. resolutions in conflict Section 3. SEVERABILITY. Ail resolutions or parts of herewith are hereby repealed. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember ~ The motion was seconded by Councilmember ~~J~ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland Councilmember Francis J. Oberbeck The Mayor thereupon decla~,ed this Resolution duly passed and adopted this ~/~' day of /~~/~ , 1994. CITY OF SEBASTIAN, FLORIDA Arthur L. Firt~on, Mayor ATTEST: K~thr~6h M. ~,.Halloran, CMC/AAE City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney 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- 1 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- 2 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. Ail 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. REQUIRED INFORHA- 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 0~ 21, 1994 pars~nnel and equipment of any Assisting Party. This information may be provided on the form .attach~ as Exhibit "B," or by .any other available vans. The Division' may revise the format of Exhibit "'B" subsequent to the execution of this agreement, in whi~ case it shall distribute copies to all Partici- ~2~n ~ Governments. 9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL- ED~E~ is revised to read: I. NRITTEN ACKNOWLED~EHENT- The Assisting Party ~all =omplete a written acknowledgment regarding the assistan~-e to be rendered, setting forth the informa- tion transmitted in the request, and shall transmit it b~ th~ quickest practical means to the Requesting Party or the Division, as applicable, for approval. The form tD sexwe as this written acknowledgement is attached as Exhibit C. The Requesting Party/Division shall respond to the written acknowledgement by executing and return- in~ a copy to the Assisting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PER~ON- revised to read: A. PERSONNEL - During the period of assistance, 4 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 Principle~ (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. 11. SECTION 7. T~RM, 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. SEVERABIL~TY; EFFE.¢~ 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, F~o~ida ~at- 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 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 ,,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 B." The document attached to the Agreement and entitled "ACKNOWLEDGMENT" is revised to be titled ,,EXHIBIT C" as indicated in the attached "~IBIT 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. IN WITNESS WHEREOF, the parties set forth below have duly executed this Agreement on the date set forth below: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF OF (County) FLORIDA By: Deputy Clerk APPROVED AS TO FORM: Office of the County Attorney By: ATTEST: CITY CLERK STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT By: chairman FLORIDA Title ~gLt~ ~l APPROVED AS TO FORM: office of City Attorney By: Title