Res 51-95 RESOLUTION NO. 51-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY, AND
MODIFICATION #! TO SAID AGREEMENT.
WHEREAS, the State Emergency Management Act, Chapter 252
Florida Statutes, authorizes the State and its political subdivisions
to develop and enter into mutual aid agreements for reciprocal
emergency aid and assistance in the case of emergencies too extensive
to be dealt with unassisted; and
WHEREAS, Chapter 252 Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the State rendering outside aid; and
WHEREAS, the Florida Division of Emergency Management has
promulgated a Statewide Mutual Aid Agreement for Catastrohpic Disaster
Response and Recovery, together with Modification #1 thereto; and
WHEREAS, political subdivisions of the State of Florida may
become a party to this agreement by execution of the agreement; and
WHEREAS, each political subdivision of the State of Florida
which becomes a signatory to the Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and Recovery is considered to be a
participating government for purposes of the agreement; and
WHEREAS, in response to any request for mutual aid
assistance from the requesting party, all participating governments
shall render assistance to the extent personnel, equipment, and
resources are available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the Mayor and the City Clerk are hereby
authorized to execute the Statewide Mutual Aid Agreement for
Catastrophic Disaster Response and Recovery, and Modification #1 to
said Agreement, copies of which are attached hereto.
PASSED AND ADOPTED in regular session on this the llth day
ATTEST:
STATEWIDE MUTUAL AID AGREEKENT
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN TWE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS ABD
CONDITIONS CONTAINED H~REIN, BASED UPON THE FOLLOWING FACTS:
WHEREAS, the State Emergency Management Act, Chapter 252,
Florida Statutes, authorizes the state and its political
subdivisions to develop and enter into mutual aid agreements for
reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted~ and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid~ and
WHEREAS, Chapter 252, Florida Statutes, authorizes the State
to enter into a contract on behalf of the state for the lease or
loan to any political subdivision of the state.any real or
personal property of the state government or the temporary
transfer or employment of personnel of the state
government to or by any political subdivision of the state~ and
WHEREAS., cha~ter.252, Florida Statutes, authorizes the
gover~ing bo~y of each political subdivision of the state
to enter into such contract or lease with the state, accept any
such loan, or employ such personnel, and such political
subdivision may equip, maintain, utilize, and operate any such
property and employ necessary personnel therefor in accordance
with the purposes for which such contract is executed, and to
otherwise do all things and perform any and all acts which it may
deem necessary to effectuate the purpose for which such contract
was entered into~ and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of ~mergency Management to make available any equipment,
services, or facilities owned or organized by the state or
political subdivisions for use in the affected area upon request
of the duly constituted authority of the area or upon the request
of any recognized and accredited relief agency through such duly
constituted authority~ and
WHEREAS, Chapter 252, F10rida Statutes, authorizes the
Division of Emergency Management to call to duty and other~ise
provide, within or without the state, such suppor~ from available
personnel, equipment, and other resources of state agencies and
the political subdivisions of the state as may be necessary to
reinforce emergency management agencies tn areas stricken by
emergencies~ and
WHEREAS, Chapter 252, Florida Statutes, requires that each
municipality, must coordinate requests for state or federal
emergency response assistance with its county~ and
WHEREAS, the State of Florida Is geographically vulnerable
to hurricanes, tornadoes, freshwater floo~ing, sinkhole
formatiOnS, and other natural disasters that in the past have
caused severe disruption of 'essential 'human services and severe
damage to public roadS, utilities, buildings, parkS, and
property rnment owned faciliti:s; and ment recognize that
ther gore . thxS Agree
o ~e partxes to - d to mitigate
WHEREAS, un -nd e~ipmen~ may be nee~e_ -~izen~ .of ~he
a~di=ional manpower a _.. vital ~e~ioes
- ~ damage and res%u~- - ~sterS ocCUr; an~
fur~er '. -hould such ~lsa - aid possible,
~E~AS, ~o pro~U~ ~en~,
each participating G°vernthe o%h-r par%icipa~ing Governm
-ween the personnel o~ 'ntories, exchange of inf°~ati°n
b~ ompilatiOn o~ asset fnve ..... , to implement this
~lsi~S, c . _~ ~lans and
and dewelopmen~ ~* ~
Apreemen%; parties hereto a~ree as follOWS
SZ~ --,, . the state . -- ~e state
' ~er~enCY Resp°nse/Rec°Ve~ olit
of Floriaa may become a~2 ~o~i~ing a copy with ori~inal_.ori~a
Division oE.~er~nCY Bana~emen~'
original signatUreS and copies of authorizing resolutions
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insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
B. ,,R~QUESTING PARTY" - the participating government
entity requesting aid in the event of an emergency. Each
municipality must coordinate requests for state or federal
emergency response assistance through its county.
C. "ASSISTING PARTY" - the participating government entity
furnishing equipment, services and/or manpower to the Requesting
Party.
D. "AUTHORIZED REPRESENTATIVE,, - an employee of a
participating 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 as Appendix A to the executed copy of the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
~.. ,,DIVISION" - the State of Florida, Department of
Co~unity Affairs, Division of Emergency Management.
F. ',EMERGENCY" - any occurrence, or threat thereof,
whether 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 property.
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~:~-il ~?. 1~i~. %
G. "DISASTER" - any natural, technological, or civil
energency that causes damage of sufficient severity and magnitude
to result in a declaration of a state of emergency by a county,.
Governor, or the President of the United States.
H. ,'PARTICIPATING GOVER/TM~NT,, - the State of Florida and
any political subdivision of the State of Florida'which executes
th~s mutual aid agreement and supplies a complete executed co~y
to '~e Division'.
I. "PERIOD OF ASSIST~CE" - the perfod of time beginning
with the departure of any personnel of the Assfsting Party from
any point for the pu~ose of travelfng to the Re~esting Pa~y in
order to provfde assistance and ending upon the retu~ of all
personnel and e~fpment of the Assfsting Pa~y, after providing
the assistance re~ested, to theft residence or re~lar place of
work, whfchever occurs first. The perf~ of assistance shall not
fnclude any po~fon of the tr~p to ~e Re~estfng Pa~y or ~e
return trfp from the Re~estfng Pa~y durfng whfch the personnel
of ~e Assfstfng Pa~y are engaged fna co~se of conduct not
reasonably necessa~ for their safe arrival at or return from the
Re~est lng Party.
~. -WO~ OR WORK-~TED PERIOD" - any perf~ of time fn
whfch either ~e personnel or e~fpment of ~e Assisting Pa~y
are being used by the .Re~estfng Pa~y to provfde assistance and
for which the Re~estfng Pa~y wfll ref~urse the Assfsting
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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. PROCSDURES
When a participating government either becomes affected by,
or is under imminent threat of, an emergency or disaster, it may
invoke emergency related mutual aid assistance either by:
declaring a state of local'emergency and transmitting a copy of
that declaration to the Assisting Party, or to the Division, or
(~i) by orally communicating a request for mutual aid assistance
to Assisting Party or to the Division, followed as soon as
practicable by written confirmation of said request. Mutual aid
shall not be requested by Participating Governments unless
resources available within the stricken area are deemed
inadequate by the Local Emergency Management Agency. All
requests 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 catastrophic
disasters, .except where the Participating Government has no other
mutual aid ~greement based upon Section 252.40 or 163.01, Florida
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Statutes, in which case a Participating Government may request
assistance pursuant to the provisions of this agreement.
A. P~EQUESTB DIRECTLY TO ASSISTING PARTY: The Requesting
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in
paragraph C below. All communications shall be conducted
directly between the Requesting and Assisting Party. Each party
shall be responsible for keeping the Division advised of the
status of the response activities. The Division shall not be
'responsible for costs associated with such direct requests for
assistance. However, the Division may provide, by rule, for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section
252.373, Florida Statutes.
B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, TM
DIVISIONs The Requesting Party may directly contact the
Division, in which case it shall provide the DiviSion with the
information in paragraph C below. The Division may then contact
other Participating Governments on behalf of the Requesting Party
and coordinatethe provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect
re~ests fo= assistance, unless the Division so indicates in
writing at the time It transmits the request to the Assisting
Party. In no event shall the Division or the State of Florida be
respons£ble for costs associated vith &ssist&nce in the absence
of appropriated funds. In &ll cases, the party receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
C. R~QUIRED INFORMATION: Each request for assistance
shall be accompanied by the following information, to the extent
1. A general description of the damage sustained~
2. Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
~edical, transportation, communications, public works and
engineering, build~ng, inspection, ~lanning and information
assistance, mass care, resource support, health ~nd other ~edical
services, search and rescue, etc.) and the particular type of
assistance needed ~
3. 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 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~
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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
services; and
6. A specific time and place for a representative of the
Requesting Party to meet the 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 coipies to all
participating governments.
D. 'ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO
RENDER ASSISTANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
All participating governments shall render 'assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When t~e authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall so notify the Requesting Party or the
Divis~.o~, wh~¢~eYer (::~mm~:'i. ca~.ed t~e re,est, and ,.t:)r~¥~.cle ~.~e
:j. nfoL-mat'~ t::)e].~v. The D~¥~.s'ion s~al]., ~o~ response
su£~"i¢.'~ent part'..i.(:::.~.~at~n~ part,es to meet the needs o~
p.e(:.L-~es'~:,in~ Pa~y, ~o~i~y the aut~or~.~ed representat£ve o~
Requesting Party and provide them with the following information,
to the extent known:
1. A complete description of the personnel, equipment, and
materials to be-furnished to the Requesting Party~
2. The estimated length of t~me the personnel, equipment,
and materials will be available~
3. The areas of experience and abilities of the
and the capability of the' equipment to be furnished~
4. The name of the person or persons to be designated as
supe~-~isory personnel~ and
S. The estimated time when the assistance provided
arrive at the location designated by the authorized
representative of the .Requesting Party.
I. SUPERVISION AND CONTROL~ The personnel, e~u~pment and
resources of any AsSkst~g Party shall remain under operational
control of the Requesting Party for the area ~n which they are
serving. Dire~t super~ision and control of said personnel,
e~u~pment and resources shall remain with the designated
supervisory personnel of the Assist~ng Party. Representatives of
the Requesting Party shall provide work tasks to the supervisory
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personnel of the Assisting Party. The designated supervisory
personnel of the Assisting Party sh&11 have the
and authority for assigning work and establishing work schedules
for the personnel of the Assisting Party, based on task or
mission assignments provided by the Requesting Party and the
Division. The designated supervisory personnel of'the Assisting
Party shall: maintain daily personnel time records, material
records and & log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to the Requesting Party. The Assisting Party's personnel and
other resources shall remain subject to recall by the Assisting
Party at any time, subject to reasonable notice to the Requesting
Party and the Division. At least twenty-f~ur hour advance
notification of intent to withdraw personnel or resources shall
be provided to the Requesting Party unless such notice ~s not
practicable, in which case such notice as is reasonable shall be
· provided... ..
F. FOOD; HOUSING; SELF-SUFFICIENCY 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 tame of their arrival at the
designated location to.the time of their departure. However,
Assist~ng Party personnel and equipment should be, to the
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-' ~:l.-lt ~?. 1,;~ '~
greatest e×tent possible, self-sufficient for operations in areas
stricken by emergencies or disasters. The Requesting Party may
specify only self-sufficient personnel and resources in its
request for assistance.
G. C~HMUNICATIONS: Unless specifically instructed
othe~-~ise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications among their respective
operating units.
~. RIGHTS AND PRIVILEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such e~ployees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
Z. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete a written acknowledgment regarding the assistance to be
rendered, setting forth the ~nformation transmitted An the
rec/uest, and shall transmit it by the quickest practical means to
the Assist~ng Party or the D£vision, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. ~he Assisting Party/Dlvi~on shall respond to the
written acknowledgement by executing an~ returning a copy to the
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Requesting Party by the qu£ckest practical means, maintaining a
copy for i~s files.
SE~ION 3. ~EIMB~SABLE EXPENSES
The ~e~s and conditions governing rei~ursement for any
assistance provided under this Agreement shall be in accordance
w~th the following provisions, unless othe~se agreed u~on by
the Re~esting and Assisting Part~es and s~ec~fied In the written
ac~owled~ent' executed ~n accordance w~th ~aragraph 2.I. of this
Agreement. The Re~esting Party shall be ultimately responsible
for re~ursemen= of all re~ursable e~enses.
A. PERSO~EL - ~r~ng ~he per~od of assistance, the
Assisting Party shall continue to pay ~ts employees according to
~ts then ~reva~l~ng ordinances, rules, an~ re~lat~ons. The
Re~esting Party shall rei~urse the Assisting Party for all
d~rect and ~nd~rect payroll costs a~d e~enses ~ncurred during
the period of assistance, i~clua~ng, but not l~te~ to, employee
pensions and benefits as provided by Generally Accepted
Accounting Principles (G~P). ~e Re~est~ng Pa~y shall
reCOurse any amounts pa~d or due for compensation to employees
of the Ass~s~ng Party under the te~s of the Florida Workers'
Compensation Act ~ue to personal ~nJu~ or ~eath occurring while
such employees ar~ engaged ~n rendering a~d un,er th~s Agreement.
~le prov~ing seduces to the Re~est~ng Pa~y, employees o~
the Assisting Party shall be considered "borrow secants" of the
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Requesting Party and shall be cons£dered in the "dual employment"
with the Requesting and Assisting Parties, subject to the
supervision a'nd control of both for purpo.ses 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, the Division, and 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 by
the Requesting Party for the use of its equipment during the
period of assistance according to either a pre-established local
or state hourly rate or according to the actual replacement,
operation, and maintenance expenses incurred. For those
instances in which costs are reimbursed by the Federal Emergency
Management Agency, the eligible direct costs shall .be determined
in accordance with 44 CFR 206.228. 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, m~scellaneous supplies, and minor repairs may be provided
by the Requesting Party, if practical. The total equipment
charges to the Request~.ng Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
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Requesting Party and by the amount of any insurance proceeds
received by the Assisting 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, except for the
costs of equipment, fuel and maintenance materials, labor and
supplies, which shall be included in the equipment rate
established in .3.B. above, 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 determined in accordance with.
44 CFR 206.228. 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. If such an agreement is made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FEMA
publicatton~, including 44 CFR part 13 and applicable Office of
Management and Budget Circulars. Requesting Party and Division
15
finance personnel shall provide information, directions, and
assistance for record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.I. or a subsequent written addendum to the acknowledgement, the
Assisting Party shall bill the Requesting Party for all
reimbursable expenses with an itemized Notice as soon as
practicable after the expenses are incurred, but not later than
sixty (60) days following the period of assistance, unless the
deadline for identifying damage is extended in accordance with 44
CFR part 206. The Requesting Party shall pay the bill, or advise
of any disputed ~tems, not later than s~xty (60) days following
the billing date. These timeframes may be modified by mutual
agreement. This shall not preclude an Assisting Party or
Requesting Party from assuming or donating, in whole or in par~,
the costs associated with any loss, damage, expense or use of
personnel, equkpmen~'and resources provided to a Requesting
Party.
F. PAYMENT BY OR THROUGH THE DIVISION= The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request of the Division, to the extent
of funds available, an~ contingent upon an annual appropriation
from the Legislature for such purposes. The Assisting Party
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shall be responsible for making written request to the Division
for reimbursement of travel and subsistence expenses, prior to
submitting a request for payment to the Requesting Party; The
Assisting Party's written request should be submitted as soon as
possible al=er expiration of the period of assistance. The
DiVision shall provide a written response to.said 'requests within
ten (10) days of actual receipt. If the Division denies said
request, the As~isting Party shall theh bill the Requesting
Party. In the event that an affected Jurisdictio~ requests
assistance without forwar6ing said request through the Division,
or an assisting party'provides assistance without having been
requested by the Division to do so, the D£vision shall not be
liable for reimbursement of any of the cost(s) of assistance.
The Divis£on may serve as the eligible entity for requesting
reimbursement of eligible costs f=om FEMA. Any costs to be so
reimbursed by or through the Division shall be determined in
accordance with 44 CFR 206.228. The Division may authorize
applications for 'rei.mbursement of eligible costs from the
undeclared disaster portion of the Emergency Hanagement
Preparedness and Assistance Trust Fund established pursuant to
Section 252.373, Florida Statutes, in the event that the disaster
or emergency, even~ ks not declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law
93-288, as amended by Public Law 100-707. Such applications
17
shall be evaluated pursuant to rules established by the Division,
and may be funded only to the extent of available funds. SECTION
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 itself 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
indicat'ing 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 Division. Each Assisting Party shall be solely
responsible for determining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reimbursement from the Division or the Requesting Party
shall be reduced by the amount of any insurance proceeds to which
the Assisting Party is entitled as a result of losses experienced
in rendering assistance pursuant to this Agreement.
SECTION
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To the extent permitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
responsible' for any and all claims, demands, suits, actions,
damages, and causes of action related to or arising out of or in
any way connected with its own actions, and the actions of its
personnel, in providing mutual aid assistance rendered or
performed pursuant to =he terms and conditions of this Agreement.
SECTION 6. L~NGT}{ 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 7 day increments.
SECTION 7. TER~
This Agreement shall be in effect for one (1) year from the
date hereof and shall automatically be renewed in successive one
(1) year terms unless terminated in writing by the participating
government. 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, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon
approval by the partic, ipating government and upon proper
execution hereof.
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SECTION 9. pOLE OF DIVISION OF EMERGENCY M~WAGEMENT
The responsibilities the Pivision of Emergency Management,
Florida Pepartment of Community Affairs under this Agreement are
to: (1) request mutual aid on behalf of &.participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
.fr~m FEMA, upon a Presidential disaster declaration; (4) serve as
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their
Authorized Representative 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: EFFECT ON OT~FER AGREEMENTS
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 th~s Agreement shall
remain in full force and affect without regard to the section,
port,on, or subsection or power ~nvalidated.
In the event-that any parties to this agreement have entered
~nto other mutual af~ agreements, pursuant to Section 252.40,
Florida Statutes, or interlocal agreements, pursuant to Section
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163.01, Florida Stat~es, those parties agree that said
agreements are superseded by this agreement only'for emergency
management assistance and activities performed in catastrophic
emergencies 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.
IN WITN£$$ I.lt£REOI, the' parties set forth belov have duly
executed this Aqreement on the date set forth belov: ~ 9 ~ 10 5 9 '
A~EST: BO~D OF
~ard of ~unty Commi~ioners [C~nty) ~
~~~, my :, /~ AU0 1' 6 199~
~,, .~.. 8.-~ ',o % I CHAIR, Pl~ 3~H COUN~
¢~, COUNT~ .== APPRO~D ~ ~ ~ OF ~UNTY COktUISSIONERS
· , ~ ~ '~- Office o~ ~e Attorney
' ;" .-
EXECUTED BY THE FOL~WI~G P~TICIPATIN~ ~L GOVE~NTS
, COUNTY (attach authorizing resolution or ordinance
and insurance letter or resolution~ach)
Delray Beach, , b y ~- ' ' - -l _ Jul 11 1995
Political S~divtsion Au[~O~[zed ~~%1- Date
Thomas E. ~nch, Mayor
City Clerk-
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EMERGENCY MANAGEMENT
Director
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October 21, 1994
MODIFICATION ~1 TO STATEWIDE ~U~ AID AGREEKENT
\
W]{EREAS, 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 ~atastrophic Response and Recovery (the
Agreement) ~ and
WkfE~, the parties to the Agreement are desirous of
amending the Agreement, to revise pro¥isions 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 r&ad: "State-
wide Mutual Aid Agreement.
2. The introductory paragraph is revised to read: "THIS
AGREEKENT IS ENTERED .INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEM~T, AND BY AND ~MONG EACH COUNTY AND MUNICI-
PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS CON-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:m.
3. The first sentence of SECTION 1. DEFINITIONS, paragraph
A. "AGREEMENT" i£ 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
lng government authorized in writing by that government to
request, offerr or provide assistance under the terms of this
Agreement. The' list of authorized representatives for the
particip'.ting 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
GOVERNKENT# is revised to read: "The State of Florida, any county
which executes this Ag. reement and supplie's a comp'lete, executed
copy to the Division, and any municipality which executes this
Agreement and supplies a' complete, executed copy to th~
s ion."
6. A new paragraph K. is added to SECTION 1. pEFINITIONS,
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, unn,~hered, paragraph of SECTION 2.
~, 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 c. opy of that declaration
to the Assisting ~a~ty, 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. 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 assi~tance re!ated
to any disaster or emergency, pdrsuant to the provi-
sions of this Agreement.
8. SECTION 2. PROCEDURES, paragraph C. REQUIRED INFORKA-
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
October 21, 1994
personnel and equipment of any Assisting Party.
Th~s information may be provided on the form
attached as Exhibit #B," or by any other available
means. The Division may revl~e the format of Exhibit
"B" subsequent t.o the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Governments.
9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL-
ZD~EMENT, is revised to read:
I. WRITTEN ACKNOWLED~EKENT- The Assisting Party
shall complete a written acknow16dgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the request, and shall tranDmit it
by the quickest practical means to the Requesting Pa.rty
or the Division, as applicabie, for approval. The form
to serve as this written acknowledgement is attached as
Exhibit C~ The Requesting Party/Division shall respond
to the written acknowledgenment 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,
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 Fayroll
costs and exp~nses (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. TERM, 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. Not~ce of termination.
shall not relieve the withdrawing Participating Govern-
ment from obligat~ons 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 Governmehts.
12. SECTION 10. SEVERABILITY; EFFECT ON OT~$R AGREEMENTS,
revised to read:
Should any portion, section, or subsection o~ this
Agreement b6 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
6
superseded by this agreement only for energency manage-
ment assistance and activities performed in major
disasters, pursuant to this agreement. In t~e event
that two or more parties to this agreement have not
entered into another mutual aid agreement, and the
parties wish to eDgage 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~WIBIT A" as
~ndicated in the attached EXWIBIT A. The document attached to
the Agreement entitled "REQUIRED INFORMATION" ~s revised to be
titled "EXHIBIT B" as indicated in the attached "EXHIBIT B.# The
document attached to the Agreement and entitled "ACKN6WLEDGMENT"
is revised to be titled "EXHIBIT C" as indicated in the attached
"EXHIBIT
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 WZTHgSS WHEREO~.
A~STI
C~ OF THE CIR~IT ~T OF F~RID~
~/~- ~ %~'~ Of~Ce of the County Attorne9
~0
A~EST ~
CITY C~ P~aZDA
- APm~OVED AS
D~P~ENT OF CO~ITY AFfAIrS
DIVISION
By{ ..... ,_
8TATEWIDE MUTUAL AID AGREEMENT
EXHIBIT A
Date: ~
Name of Government:
Mailing Address:
City, State, Zip: .
Authorized Representatives to Contact for Emergency Assistance:
primar~ Repr~sentative
Name:
Title:
Address:
Day Phone: Night Phone:
FAX No.:
Sst A~ternate Representative
Name:
Title:
Address:
Day Phone: Night Phone:
2nd Alternate Representative
Name:
Title:
Address:
Day Phone: Night Phone:
E~HIB~'T B
GTATEWIDZ MUTUAL AID ~REEKENT
REQUIRED INFOR/~ATION
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
communications, public works and engi-
medical, transportation, ' "
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:
REQUIRED INFORMATION (continued)
3. 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 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-.
11
· REQUIRED INFORMATION (continued)
6. An estimated time and specific place for a repre=entative of
the Requesting Party to meet the personnel and equipment of any
Assisting Party.
12
EX]{IBIT C
STATEWIDE MUTUAL AID AGREEMENT
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NACRE OF ASSISTING PARTY:
AUTHORIZED REP.RESENTATI~E:
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:
13
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~.0. - MEETING OF JULY 11,
RESOLUTION NO. 51-95/STATEWIDE MUTUAL AID AGREEMENT
CATASTROPHIC DISASTER RESPONSE AND RECOVERY & MODIFICATION
~1 TO SAID AGREEMENT
DATE: JULY 6, 1995
This is before the Commission to approve Resolution No. 51-95 which
authorizes the Mayor and the City Clerk to execute the Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and Recovery,
and Modification #1 thereto. This is an agreement between the State
of Florida, Division of Emergency Management, and the City as a
participating local government. In the event of a major or
catastrophic disaster, the City may either request assistance from
other local governments or may provide assistance to other
participating government entities.
There is no direct fiscal impact to the City in approving this
agreement. As noted in Chief Rehr's memorandum, if the City were to
provide assistance to an impacted area, we would do so as agents of
the State. As such, we would apply directly to the State for disaster
assistance reimbursement rather than to FEMA. Likewise, if we were to
experience a disaster and request assistance from other jurisdictions,
we would be able to recoup our costs through the State's funding
reimbursement mechanism.
The Statewide Mutual Aid Agreement and Modification #1 thereto have
been reviewed by the City Attorney's office and approved as to form
and legal sufficiency.
Recommend approval of Resolution No. 51-95.
ref:agmemo6
Agenda Item- No.:
AGENDA REQUEST
Date: J,me )1: lqq~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: Next available
Description of item (who, what, where, how much): The S'tatewide Mutual Aid
A~reement for CataStrophic Disaster Response and Recovery is an aKreement between the
State Of Florida. Division of Emergency Management and thiD
There {~ nm d{reet f~.~eal imnact in anprov~nm thJ.~
(Example: .Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of the Agreement which in the event of a major
or catastrophic disaster of the City may either request assistance from other locak
governments or may provide assistance to other local 8overnments
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).~ ~~
Department Hea~ Signature:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds}:
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: / NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
RECEIVED
CITY OF OEtRrlY BEACH
CITY M,~,"' ,'"'~'
FIRE DEPARTMENT s~v,,~ DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
P~LRoAY~
TO: DAVID T. HARDEN, CITY MANAGER
1993
FROM: ROBERT B. REHR, FIRE CHIEF
DATE: JUNE 22, 1995
SUBJECT: STATEWIDE MUTUAL AID AGREEMENT
Attached is the Statewide Mutual Aid Agreement for Catostrophic Response and
Recovery, and Modification #1 to the Statewide Mutual Aid Agreement. This statewide
mutual aid agreement developed and distributed by the State, is singular and all
encompassing, and will supercede all previous agreements. On August 16, 1994, the
Board of Palm Beach County Commission adopted by resolution, the Statewide Mutual
Aid Agreement for Catostrophic Disaaster Response and Recovery between Palm Beach
county and the State of Florida. The Executive Board of the Municipal League of Palm
Beach County has recommended that the member municipalities adopt the agreement.
The Agreement provides that county and local government signatories who assist
an impacted area do so as agents of the State. As such, the assisting local governments
may apply directly to the State for federal disaster assistance funds for reimbursement
rather than to FEMA. The affected city that has suffered the disaster is therefore relieved
of that responsibility and is free to concentrate on recovering its own losses.
Currently, all mutual aid assistance rendered by or to other governmental entities
is considered to be by contract with the impacted local government, and as such,
reimbursement of costs cannot be requested directly from the State or Federal
government.
By signing this Mutual Aid Agreement, the City, in partnership with the State,
assures a more timely and expeditious response for assistance from other local
governments. If the City experiences a disaster which requires the assistance of other
counties or cities, this agreement indicates that the requesting jurisdiction is responsible
for all costs associated with the responding jurisdictions. The requesting jurisdiction will
be able to recoup its costs through the State's funding reimbursement mechanism.
FIRE DEPARTMEN] HEiADQUAR[ERS · 501 WES3 ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407/243-7400 · SUNCOM 928-7400 · FAX 407/243-7461
Pr//~te, d o~1 ,~ecyled f~ape~
Page - 2 -
Memorandum
David T. Harden, City Manager
Statewide Mutual Aid Agreement
We recommend the City concurrently adopt both documents as identified in the
second paragraph of the memorandum from Joseph F. Myers, Director, Division of
Emergency Management, to all County Emergency Manager Directors, dated October 19,
1994.
Thank you for your attention on this issue. If you have any questions or need
further assistance, please contact me.
Fire Chief
RBR/mmh
Attachments:
Agenda Request
Resolution
Statewide Mutual Aid Agreement
Statewide Mutual Aid Agreement Modification
cc: Susan Ruby, City Attorney
CITY OF DELRrlY BEACH
FIRE DEPARTMENT
D~LRAY B~ACH M E M O R A N D U M
fill
® FROM: ROBERT B. REHR, FIRE CHIEF
~993 DATE: JUNE 27, 1995
SUBJECT: ADDITIONAL INFORMATION FOR EXECUTING THE
STATEWIDE MUTUAL AID AGREEMENT &
MODIFICATION #1
This is additional information pertaining to the Statewide Mutual Agreement
package that was forwarded to you on June 22, 1995. Included for addition to the
original package are the Palm Beach County resolutions approving both the Statewide
Mutual Aid Agreement and the modification.
The original package and the addition includes the City's Resolution authorizing
the Mayor and the City Clerk to sign the Statewide Mutual Aid Agreement, Modification
#1 to the Statewide Mutual Aid Agreement, the County resolution approving the
agreement and the modification. Both the original documents and the modification have
execution pages which need to be signed by the participating government signatories
(they have already been signed by the County), and the page designating the City
personnel to be contacted also needs to be completed.
Two identical sets of the above-described documents, as attached, need to have
original signatures. The completed documents are to be sent to Mr. B. T. Kennedy, Palm
Beach County Director of the Division of Emergency Management, who will make a
copy for his records and forward the two original sets of documents to the State Division
of Emergency Management. The State will execute both copies and return one original
document to the municipality.
Mr. Kennedy has worked closely with the municipalities to assure that the
documents would be executed according to the State's specifications, and he would like
the municipalities who are planning to adopt the Agreement to contact him (407-233-
3500) in this regard. Please do not hesitate to contact me ifI may be of any assistance in
this matter. I can be reached at 407-243-7410.
Fire Chief
FIRE DEPAR[MEN~ HEAD(~UARTERS,, 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
407/243-7400 · SUNCOM 928 7400 · FAX 407/243-7461
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 323~-2100
LINDA LOOM~S SHELLEY
I~W~'ON CHILES . ~
Division of Emergency Manage~nt
SUBJECT: Mutual Aid Compact: Modification
DATE: October 19, 1994
In September I provided you all with information regarding the
execution of the Statewide Mutual Aid Agreement, and advised you
that the Division of Emergency Management (DEM) anticipated a
modification to the Agreement, based upon comments by several
local government risk managers. Attached you will find the
Modification prepared based upon those and other comments re-
ceived. The attached Modification (dated October 18, 1994) is
now ready for execution. Please destroy or otherwise dispose of
any previous drafts you may have received·
Therefore, please initiate the processes necessary to have your
local governments execute this Modification, and return executed
copies with attachments to the Division. County Emergency
Management Agency Directors should provide copies of the Modifi-
cation to all those municipalities they previously provided with
the Statewide Mutual Aid Agreement. In addition, DE)( will be
sending copies to all those that have already executed the
Agreement· For those entities that have not yet executed the
Statewide Mutual Aid Agreement, the Modification should be
executed concurrently with the Agreement.
DEM will forward copies with the Division's endorsement back to
all signatories upon final execution. With your continued
assistance we anticipate having all modifications executed as
soon as possible· If you have any questions, please call Robert
C. Byerts at (904) 488-0410.
JFM/rb
attach. (1)
EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEVELOPMENT · RESOURCE PLANNING AND MAN~GEMENT
£1T¥ JIF I]ELRR¥ BER[H
crrY CLERK
D ^ 1~ N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33~ · 407/243-7~0
Mr. B. T. Kennedy, Director
Palm Beach County Division of
Emergency Management
Public Safety Department
30! N. Olive Avenue
West Palm Beach, FL 3340!
Re: Resolution No. 51-95/Statewide Mutual Aid Aareement an~
Modification ~1
Dear Mr. Kennedy:
Enclosed please find two (2) certified copies of Resolution No.
51-95 which authorizes the Mayor and City Clerk to execute the
Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery, and Modification %1 thereto. Executed copies of
the Agreement and Modification are attached to the resolutions.
Resolution No. 5~-95 was passed and adopted in regular session by
the Delray Beach City Commission on July ~1, 1995.
As requested, I am forwarding the executed documents to you for
distribution and final execution by the appropriate parties.
Please ensure that one original document ks returned to this
office.
Thank you for your assistance.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Enclosures
THE EFFORT ALWAYS MATTERS
P~nted on Recycled Paper
C E RTI F I CAT I O~
I, ALISON MacGREGOR HARTY, City Clerk of the City of
Delray Beach, Florida, do hereby certify that the attached
document is a true and correct copy of Resolution No. 51-95,
authorizing the Mayor and City Clerk to execute the Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery, and Modification #1 to said Agreement, as the same was
passed and adopted in regular session by the Delray Beach City
Commission on July 11, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the
6th day of September, 1995.
Alison MacGregor Harty
City Clerk
City of Delray Beach, Florida
SEAL