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Resolution 1993-153 I ! t i I I I l, APRIL 13. 1993 ElMrg.ncy Kanag_nt. D.partment of CoIIllIlunity Affairs, Tallaha...., Florida. This Resolution adopted aft.r motion, s.cond and majority vot.. Da~~~,~:\o/F ~~ ~ ..... . ~ #) .~ ,. "c::- .. A:rraST1 ,0"',-:'1 t70~HT.' BROCX~:~ ~, ~~"-'~' ~ ({)<!. 7ft.;. '., ,,~, .,;-~ , ' " ~ ;1'J)',\)\, , ", 'f . .' ,J".. Approved as to J'Orlll and 'Legal Suffici.nCYI BOARD OJ' COUNTY COMMISSIONERS COLLIn COUNTY FLORIDA An/I~p/ BURT L. SAUNDERS, CHAIRMAN iL~ t1~ David C. W.ig.l Assistant County Attorney BOOK 000 PAGf 188 APRIL 13. 1993 D. "AUTHORIZED REPRESENTATIVE" - an employee of a participating government authorized by that government to request, offer, or provide assistance under the terms of this Agreement. The list of authorized representatives for the (political subdivision name) is attached to this Agreement as Appendix A. E. "EMERGENCY" any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of public property. . F. "PARTICIPATING GOVERNMENT" - any political subdivision of the State of Florida which executes this mutual aid agreement. G. .PERIOD OF ASSISTANCE" - the period of time beginning with the departure of any personnel of the Assisting Party from any point for the purpose of traveling to the Requesting Party in order to provide assistance and ending upon the return of all personnel and equipment of the Assisting Party, after providing the assistance requested, to their residence or regular place of work, whichever OCcurs first. The period of assistance shall not include any portion of the trip to the Requesting Party or the return trip from the Requesting Party during which the personnel of the Assisting Party are engaged in a course of conduct not, reasonably necessary for their safe arrival at or return from 'the Requesting Party. H. "WORK OR WORK-RELATED PERIOD" - any periOd of time in which either the personnel or equipment of the Assisting Party are being used by the Requesting Party to provide assistance and for which the Requesting Party will reimburse the Assisting Party. Specifically included within such period of time are rest breaks when the personnel of the Assisting Party will return to active work within a reasonable, time. Specifically excluded from such period of time are breakfast, lunch, and dinner breaks. SECTION 2. PROCEDURES When a participating government becomes affected by an emergency, it shall invoke emergency related mutual aid assistance by declaring a state of local emergency. 'The follOWing procedures shall then be followed to request mutual aid from another participating government. A. The Requesting Party shall contact the authorized representative of one or more of the participating governments and provide them with the following information. 1. A general description of the damage sustained~ aOOK 000 PAr.! 190 -2- :..)-~~ :", ':,," ;';; APRIL 13, 1993 C. The personnel and equipment of the Assisting Party shall remain, at all times, under the direct supervision and control of the designated supervisory personnel of the Assisting Party. Representatives of the Requesting Party shall submit work tasks to the supervisory personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall have the exclusive responsibility and authority for assigning work and establishing work schedules for the personnel of the Assisting Party. The designated supervisory personnel of the Assisting Party shall maintain daily personnel time records, material records and a log of equipment hours~ shall be responsible for the operation and maintenance of the equipment furnished by the Assisting Party~ and shall report work progress to the Requesting Party. D. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. E. Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for providing communications between the personnel of the Assisting Party and the Requesting Party. F. Whenever the employees of the Assisting Party are rendering outside aid pursuant to this Agreement, such, employees shall have the powers, duties, rights, priVileges, and immunities, and shall receive the compensation, incidental to their employment. G. The Requesting Party shall complete a written agreement regarding the assistance to be rendered, setting forth the terms agreed upon in the 'telephone request to the Assisting Party, and shall transmit it by the quickest practical means to the Assisting Party for approval. The form to serve as this written agreement is attached as Appendix B. ,The Assisting'Party shall acknowledge the written agreement by executing and returning a copy to the Requesting Party by the quickest practical means, maintaining a copy for its files. SECTION 3. REIMBURSABLE EXPENSE& The terms and conditions governing reimbursement for any Assistance provided under this Agreement shall be in accordance with the following prOViSions, unless otherwise agreed upon by the involved Parties and specified in the written agreement executed in accordance with paragraph 2.G. of this Agreement. A. PERSONNEL During the period of assistance, 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 incurred during the period of assistance, inClUding, but not limited to, employee pensions and benefits as provided by Generally Accepted Accounting Principles -4- aOOK 000 PAGE 192 APRIL 13, 1993 (GAAP). The Requesting Party shall reimburse any amounts paid or due for compensation 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. While providing services to the Requesting Party, employees of the Assisting Party shall be considered "borrow servants" of the Requesting Party and shall be considered in the "dual employment" with the Requesting and Assisting Parties, subject to the supervision and control of both for purposes of Chapter 440, Florida Statutes. While the Requesting Party shall reimburse the Assisting Party for payments made in workers' compensation benefits required to be paid to its employees due to personal injury or death, both the Requesting and Assisting Party shall enjoy immunity from civil prosecution as provided for in the Florida Workers' Compensation Act. B. EQUIPMENT - The Assisting Party shall be reimbursed for the use of its equipment during the period of assistance according to either a pre-established hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. The Assisting Party shall pay for all repairs to its equipment as determined necessary by its on-site supervisor(s) to maintain such equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs for the Assisting Party's equipment during the period of assistance may be provided by the Requesting Party, if practical. The total equipment charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party. C. MATERIALS AND SUPPLIES - The Assisting Party shall be reimbursed for all 'materials and supplies furnished by it and used or damaged during the period of assistance, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or ,recklessness ,'of the Assisting Party's personnel. The Assisting Party's Personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by them during the period of assistance. The measure of reimbursement shall be the plus ten (10) percent of such cost. In the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. D. RECORD KEEPING The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party using formats used or recommended by FEMA publications. Requesting Party finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. The Requesting Party may ask the Assisting Party to assist in maintaining the necessary records for personnel, equipment, materials and supplies for submittal to FEMA for payment. ~ODK nOD Par.! 193 -5- APRIL 13, 1993 E. PAYMENT - Unless otherwise mutually agreed in the written agreement executed in accordance with paragraph 2.G. or a subsequent written addendum to the agreement, the Assisting Party shall bill the chief fiscal officer of the Requesting Party for all reimbursable expenses with an itemized Notice not later than sixty (60) days following the period of assistance~ and the Requesting Party shall pay the bill in full not later than sixty (60) days following the billing date. Unpaid bills shall become delinquent upon the 61st day following the billing date and once delinquent shall accrue interest at the rate of twelve (12) percent per annum. SECTION 4. INSURANCE Each participating government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for ~tself what kinds of insurance, and in what amounts, it should carry. If a participating government is insured, its file shall contain a letter from its insurance carrier authorizing it to provide and receive assistance under this Agreement, and indicating that there will be no lapse in its insurance coverage either on employees, vehicles, or liability. If a participating government is self-insured, its file shall contain a copy of a resolution authorizing its self-insurance program. A copy of the insurance carrier's letter or the resolution of self-insurance shall be attached to the executed copy of this Agreement which is filed with the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this agreement. SECTION 5. INDEMNIFICATION Except as otherwise specifically provided in this Agreement, the Requesting Party shall' indemnify and hold the Assisting Party harmless, to the extent permitted by Florida law, from and against any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with mutual aid assistance rendered or performed at the Requesting Party's emergency or disaster site. The Requesting Party shall defend any action or proceeding brought against the Assisting Party and shall indemnify and hold the Assisting Party harmless from and against all costs, Counsel and attorneys fees, expenses, and liabilities incurred as a result of any such claims, demands, suits, actions, damages, and causes of action, including the investigation or the defense thereOf, and from and against any orders, judgments or decrees which may be entered as a result thereof. SECTION 6. LENGTH OF TIME FOR EMERGENCY The duration of such state of emergency declared by the Requesting Party is limited to seven (7) days. It may be extended, if necessary, in 72-hour increments. -6- aOOK 000 PAGr 194 APRIL 13, 1993 SECTION 7. n:BM This Agreement shall be in effect for one (1) year from the date hereof and shall automatically renew in successive one (1) year terms unless terminated in writing by the participating government. Written notice of such termination shall be made in writing and shall be served personally or by registered mail upon the Director, Division of Emergency Management, Florida Department of Community Affairs, Tallahassee, Florida. SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall be in full force and effect upon approval by the partiCipating government and upon proper execution hereof. SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT The responsibilities the Division of Emergency Management, Florida Department of Community Affairs under this Agreement are to serve as a central depository for executed Agreements, to maintain a current listing of Participating Governments with their Authorized Representatives and contact information, and to provide a copy of the listing to each of the Participating Governments on an annual basis during the second quarter of the calendar year. SECTION 10. SEVERABILITY 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, por~ion, or subsection or power invalidated. Agreemen~'has been duly executed this , 19 ~ 3" . ;' .( l , , IN WITNESS WHEREOFf this ,,/3.;... ,,?a]y Of. '~J';'/ "(t.:" ' : I ' . :;:0 :' "'~ ~::. _0 . I .c/ ')\i'rEST:' / ~'-. :O~IGHT E. BROeR; ':6 ..- - ' ~ BOARD OF COUNTY COMMISSIONERS COL.7.!ER COUNTY.FLORIDA ///c n./7. g,t BURT L. SAUNDERS, CHAIRMAN .0e, :', ".~,..:,,<?', :...1. ' :':Jl~'3 . : ' Approved as to Form . Leqal ~ufficiency: and LEGAL/CATRRAGR aOOK 000 PAGE 195 -7- APRIL 13, 1993 KOTUAL AID AGREEMENT FOR CATASTROPHIC RESPONSE/RECOVERY APPENDIX A Date: Name of Government: Collier Countv Board of Countv Commissioners Mailing Address: 3301 E. Tamiami Trail City, state, Zip: NaDles FL 33962 Authorized Representatives to Contact for Emergency Assistance: Primarv ReDresentative Name: W. Neil Dorri11 Title: Countv Manaaer Address: 3301 E. Tamlami Trail NaD1es Day Phone: e813} 774-8383 Night Phone: FAX No: e813} 774-4010 FL 33962 e813} 649-6918 1st Alternate ReDresentative Name: C. William Haraett Title: Assistant Countv Manaaer Address: 3301 E. Tamiami Trail NaD1es FL 33962 Day Phone: e813} 774-8383 Night Phone 2nd Alternate ReDresentative Name: Norris Iiams Title: Emeraencv Services Administrator Address: 3301 E. Tamiami Trail NaD1es Day Phone: e813} 774-8823 Night Phone: FL 33962 e813} 455-5569 -8- ~OOK 000 PA,.E 196 ',;.' :"i " t ~. APRIL 13, 1993 HlJTUAL AID AGREEMENT FOR CATASTROPHIC RESPONSE/RECOVERY APPENDIX B Date: (Name & Address of Assisting Government SUBJECT: Assistance Request In recognition of the personnel, equipment, or other emergency assistance being sent to us by your government in accordance with A telephone request from our Mr. to your Mr. on , we agreed to be bound by the Mutual Aid Agreement for Catastrophic Response/Recovery. (Insert any mutually agreeable changes or exceptions here). Requesting Government Name: Address: Authorized Representative's Signature: Typed Name and Title: FAX No.: JmfiII : DATE: This government agrees to by the government of by the Mutual Aid Agreement the exceptions noted above. Assisting Government Name: Address: provide the emergency assistance request and agrees to be bound for Catastrophic Response/Recovery with Authorized Representative's Signature: Typed Name and Title: FAX No.: -9- aOOK 000 PAGE 197