2014-28669 Reso RESOLUTION NO. 201428669
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA APPROVING AND
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF MIAMI FIRE RESCUE, AS THE SPONSORING
AGENCY, AND THE CITY OF MIAMI BEACH, BY AND ON
BEHALF OF ITS FIRE DEPARTMENT, RESCUE DIVISION, AS
A PARTICIPATING AGENCY, FOR THE FLORIDA TASK
FORCE II OF THE NATIONAL URBAN SEARCH AND RESCUE
RESPONSE SYSTEM.
WHEREAS, the Florida Task Force II of the National Urban Search and Rescue
Response Team ("Task Force") is designed to respond to a variety of disasters, such as
earthquakes, hurricanes, floods, and hazardous materials releases where victims may
be trapped, lost or injured; and
WHEREAS, City of Miami Fire Rescue, as the sponsoring agency of the Task
Force, is responsible for recruiting, training, equipment procurement, and organizing
members of the Task Force; and
WHEREAS, the City of Miami, Beach Fire Department, Rescue Division, wishes
to be a participating agency in the Task Force and will provide fire personnel to serve on
the Task Force, pursuant to an agreement substantially in the form of the Memorandum
of Agreement, attached hereto and incorporated herein by reference; and
WHEREAS, all costs incurred by the City of Miami Beach Fire Department,
Rescue Division, related to training, activation, and deployment for the Task Force shall
be reimbursed by City of Miami Fire Rescue.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a
Memorandum of Agreement between the City of Miami Fire Rescue, as the Sponsoring
Agency, and the City of Miami Beach,.by and in behalf of its Fire Department, Rescue
Division, in order for the City of Miami Beach Fire Rescue to serve as a Participating
Agency for the Florida Task Force II of the National Urban Search and Rescue
Response System, in substantially the form of the Memorandum of Agreement attached
hereto and incorporated herein by reference.
PASSED and ADOPTED this 6, .3 day of G( , 2014. ,
f
r
Philip ;Mayor
ATTES
APPROVED AS TO
FORM & LANGUAGE
Raf el E. AA' & FOR XECUTION
y`` City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida Authorizing the
Mayor and the City Clerk to Execute A Memorandum of Agreement Between the City Of Miami as the
Sponsoring Agency and the City of Miami Beach, By and on Behalf of its Fire Department,Rescue
Division as the Participating Agency of the Florida Task Force.
Key Intended Outcome Supported:
Increase resident ratings of Public Safety Services and Increase community satisfaction with.City services
Supporting Data(Surveys,Environmental Scan,etc.):N/A
Item Summary/Recommendation:
The Federal Emergency Management Agency("FEMA")and the South Florida Task Force 2 have been
operating under the same MOA since 1998.Several operational,legal and regulatory changes have been
made and FEMA is requiring all its Sponsoring Agencies, Participating Agencies and Strategic Individuals
to update and execute new standard MOA's.
Accordingly,the Department's earlier list of participating agencies needs to be updated to take into
account not only long-standing participating agencies but also anticipated new participating agencies,
and the City of Miami through the Department as Sponsoring Agency needs to enter into the revised
MOA with the Participating Agencies in accordance with the Sponsoring Agency MOA and FEMA's
updated guidelines for USAR;and The MOA is necessary to continue without interrupting the operation
of the ongoing USAR FL TF 2 Program.
Advisory Board Recommendation:
N/A
Financial Information:
Amount Account
Source of Funds:
1
OBPI Total
Financial Impact Summary: The program is designed to be cost neutral to the Participating Agency;
Sponsoring Agency shall promptly reimburse Participating Agency for response expenses that are
authorized to be incurred by or for the benefit of Participants engaged in Task Force activities,upon
receiving reimbursement for such expenses from the federal government.
City Clerk's Office Legislative Tracking:
Virgil Fernandez, Fire Department Chief/Director
Slgn-Offs-
De a e Director Assistant City Manager City Manager
MIAM17b" EACH AGENDA ITEM 7
DATE 7—v23-1
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014
SUBJECT: A RESOLUTION APPROVING D AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE A M MORANDUM OF AGREEMENT BETWEEN
THE CITY OF MIAMI FIRE RESCUE, AS THE SPONSORING AGENCY AND
THE CITY OF MIAMI BEACH, BY AND ON BEHALF OF ITS FIRE
DEPARTMENT, RESCUE DIVISION AS PARTICIPATING AGENCY, FOR THE
FLORIDA TASK FORCE II OF THE NATIONAL URBAN SEARCH AND RESCUE
RESPONSE SYSTEM.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Federal Emergency Management Agency("FEMA")and the South Florida Task Force II
have been operating under the same Memorandum of Agreement (MOA) since 1998.
Several operational, legal and regulatory changes have been made and FEMA is requiring
all its Sponsoring Agencies, Participating Agencies and Strategic Individuals to update and
execute new.standard MOA's.
Accordingly, the Department's earlier list of participating agencies needs to be updated to
take into account not only long-standing participating agencies but also anticipated new
participating agencies, and the City of Miami through the Department as Sponsoring Agency
needs to enter into the revised MOA with the Participating Agencies in accordance with the
Sponsoring Agency MOA and FEMA's updated guidelines for USAR; and the MOA is
necessary to continue without interrupting the operation of the ongoing USAR Florida Task
Force II Program.
' r
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF MIAMI FIRE RESCUE
AS THE SPONSORING AGENCY
OF THE FLORIDA TASK FORCE II
OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM
AND
THE CITY OF MIAMI BEACH, FLORIDA, BY AND IN BEHALF OF ITS FIRE
DEPARTMENT,RESCUE DIVISION
AS A PARTICIPATING AGENCY OF THE TASK FORCE
This "Agreement" is entered into by and between the parties designated in Section
1, below, who agree that subject to all of the provisions of this Agreement, City of Miami
Beach Fire Rescue will serve as a Participating Agency for the Florida Task Force II of
the National Urban Search and Rescue Response System. Each party further agrees that it
assumes all of the duties responsibilities assigned to that party under this Agreement and
that so long as this Agreement remains in effect, that party will fully perform all of those
duties and responsibilities.
1. PARTIES
The parties to this Memorandum of Agreement("MOA") are the following entities:
1.1 City of Miami Fire Rescue:
1151 NW 7d' Street, 3rd Floor, Miami, Florida 33136
(305) 416-5471
1.2 City of Miami Beach, Florida, by and on behalf of its Fire Department,
Rescue Division(MBFD):
2300 Pine Tree Drive Miami Beach Florida 33140
(305) 673-7130
Page 1 of 12
1. RECITALS
Sponsoring Agency and Participating Agency have entered into this Agreement
recognition of the following Recitals:
2.1 City of Miami Fire Rescue. Sponsoring Agency is a cooperating party
under a"Memorandum of Agreement"dates 06-27-2014 with the Federal Emergency
Management Agency("FEMA") and the State of Florida. A copy of the Memorandum of
Agreement (the"FEMA MOA") is attached to this Agreement as Appendix "A" and
incorporated by reference.
2.2 National Urban Search and Rescue Response System. Pursuant to federal
law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. §§ 5121 through 526 (the"Stafford Act"), the U.S. Department of Homeland
Security("DHS"), acting through FEMA, operates the National Urban Search and
Rescue Response System ("System") in conjunction with state and local governments.
2.3 Task Forces. Each Sponsoring Agency is responsible for recruiting and
organizing a Task Force consisting of individuals occupying certain specified positions
plus additional support personnel, all of whom have been properly trained with the
requisite skills and capabilities required for urban search and rescue operations and/or
deployment of the Task Force. A Task Force may be deployed as a single unit or it may
be reorganized into teams for purposes of modularized responses for limited or
specialized Activations. Members of a Task Force may also be deployed as members of a
management or other technical team.
2.4 Florida Task Force II. The City of Miami Fire Rescue is the Sponsoring
g
Agency for Florida Task Force II (the"Task Force") and is charged with, among other
things, recruiting and organizing members for the Task Force. In the performance of its
responsibilities, the Sponsoring
Agency may enter into cooperative arrangements with
federal, state, or local government entities, or non-profit or for-profit entities, to serve as
Participating Agencies in the Task Force and with individuals to serve as Affiliated
Personnel of the Task Force. The Sponsoring Agency is obligated to enter into written
agreements with those Participating Agencies and Affiliated Personnel setting forth the
relationship between parties.
2.5 Participating Agency. City of Miami Beach, Florida, by and on behalf of
its Fire Department, Rescue Division(MBFD) desires to be a Participating Agency in the
Task Force, subject to all of the provisions of this Agreement.
2.6 Applicable Provisions. With respect to System activities, this Agreement
incorporates the provisions of the Interim Final Rule, "National Urban Search and Rescue
Response System", 70 Fed. Reg. 9182 (Feb. 24, 2005) ("Interim Final Rule"), attached as
Appendix "B", as well as the provisions of the FEMA MOA, attached as Appendix "A".
To the extent the Interim Final Rule is contrary to the FEMA MOA, the Interim Final
Rule will prevail. Upon the effective date of the Final Rule governing this subject ("Final
Page 2 of 12
Rule"), the Final Rule shall supersede the Interim Final Rule in Appendix `B" and shall
prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA.
2.7 Definition of Terms. Capitalized words and phrases in this Agreement
have the same meaning as they do in the Interim Final Rule, unless or until superseded by
the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the
Final Rule have the meaning given in this Agreement.
2. AGREED TERMS AND CONDITIONS
3.1 Participating Agency.
3.1.1 Participating Agency agrees to provide personnel to serve in
certain designated positions on the Task Force as determined by Sponsoring
Agency.
3.1.2 Participating Agency further agrees that Participants will meet the
required qualifications for he positions to be filled, will receive the required
training specified in this Agreement and will satisfy other conditions of
preparedness and response as required by the Sponsoring Agency.
3.1.3 The Parties will cooperate with each other so as to facilitate
achievement of the goals and objectives of the System as fully and completely as
possible.
3.2 Third Party Liability and Workers' Compensation.
3.2.1 Participating Agency and its Participants shall be afforded such
coverage for third party liability and workers' compensation as is afforded all Task
Forces and their System Members under Federal law, the scope of which is
generally described in Appendices "A" and `B."
3.2.2 Except as afforded by the Federal Government, the responsibility
for risks associated with claims for third party liability and workers' compensation
arising out of participation in the Task Force, either organizationally by the
Participating Agency or individually by its Participants, shall be the responsibility
of Participating Agency and not under any circumstances, the responsibility of
Sponsoring Agency. At all times, Participating Agency shall maintain full force
and effect, and provided proof thereof, for the benefit of its Participants and its
other employees engaged in System activities, coverage for workers compensation
and third party liability to the full extent required by law.
3.3 Financial Provisions.
3.3.1 Preparedness Funds
Page 3 of 12
3.3.1.1 In its sole discretion, Sponsoring Agency may distribute to
Participating Agency such preparedness grant funding as
Sponsoring Agency shall be eligible to and does not receive
FEMA. Any such distributions shall be subject to requirements of
the preparedness grants and the needs of the Task Force generally.
3.3.1.2 Any other funding received by Sponsoring Agency from
sources other than the federal government may also be made
available as Sponsoring Agency determines in its discretion.
Sponsoring Agency shall make such distributions fairly and
equitably taking into account the mission, goals and objectives of
the Task Force and the needs of the Sponsoring Agency as
compared to other proper needs and demands.
3.3.2 Response Funds
3.3.2.1 Sponsoring Agency shall promptly reimburse Participating
Agency for response expenses that are authorized to be incurred by
or for the benefit of Participants engaged in Task Force activities,
upon receiving reimbursement for such expenses from the federal
government. Such expenses must be properly ascertained,
accumulated and reported to the Sponsoring Agency, and the funds
to be utilized for payment must have been reimbursed by or on
behalf of FEMA to Sponsoring Agency.
3.3.2.2 After an Activation, Participating Agency shall provide
Sponsoring Agency with a complete cost reimbursement package
to be submitted by Sponsoring Agency as part of an overall claim
package which Sponsoring Agency is obliged to submit to FEMA.
That Participating Agency's cost reimbursement package shall be
submitted to the Sponsoring Agency within 30 days after the end
of the Personnel Rehabilitation Period established by FEMA.
Participating Agency's cost reimbursement package shall be
prepared in conformance with applicable federal directives which
Sponsoring Agency shall disseminate to Participating Agency.
3.3.2.3 Participating Agency shall provide Sponsoring Agency
with employee compensation information for its Participants at
least annually, or as changes occur in compensation rates payable
to Participants. That information and other pertinent Participant
data required by Sponsoring Agency can be accessed at
FLTF2.US.
3.3.2.4 To ensure proper reimbursement from FEMA, the
compensation of Participants on the Task Force shall be in
accordance with pay schedules and policies established by
Page 4of12
Appendix "B", from the time of activation and until the Task Force
returns, is deactivated and Participants are returned to regular work
schedules.
3.3.2.5 All financial commitments of Sponsoring Agency are
subject to the availability and receipt of funds by Sponsoring
Agency from FEMA and other sources.
3.3.2.6 Neither Participating Agency nor any Participant shall be
reimbursed for costs incurred outside the scope of this Agreement.
3.4 Reporting and Record Keeping Requirements.
3.4.1 T he Participating Agency shall provide the Sponsoring Agency
Y
with requested team member records within ten business days.
3.4.2 The Sponsoring Agency may issue a Task Force Picture
Identification Card to team members.
3.4.3 Participating Agency shall ensure that any medical or other records
and information that are afforded confidentiality under applicable law are
protected from unauthorized disclosure.
3.4.4 Participating Agency shall provide prompt and accurate reporting
as specified in this Agreement.
3.5 Mandatory Minimum Requirements for Participation. Each Participant
must satisfy all of the following for participation on the Task Force:
3.5.1 Each Participant shall be an employee in good standing of the
Participating Agency. Entry-level employees who are probationary or are
in a similar status are not eligible.
3.5.2 Each participant shall be of good moral character and shall not
have been convicted of any felony or any other criminal offense involving
moral turpitude.
3.5.3 Participants serving in a Task Force position that requires the
individual to hold a license, registration, certificate or other similar
authorization to lawfully engage in an activity must hold the appropriate
authorization, which must be current and validly issued. A copy of each
document is required on file with the Sponsoring Agency.
3.5.4 Subject to any applicable FEMA standards, each Participant must
meet the medical/fitness standards mutually agreed upon by Sponsoring
Agency and Participating Agency and not have any medical condition or
Page 5 of 12
disability that will prevent performance of the duties of the Task Force
position he/she occupies.
3.5.5 Each Participant must be available on short notice and be able to
respond on a mission for up to 14 days.
3.5.6 Each Participant must be capable of improvising and functioning
for long hours under adverse working conditions.
3.5.7 Each Participant must receive inoculations as are specified by the
Sponsoring Agency.
3.5.8 Each Participant must be aware of the signs, symptoms and
corrective measures of Critical Incident Stress Syndrome.
3.5.9 Each Participant must understand and adhere to safe working
practices and procedures as requires in the urban disaster environment.
3.5.10 Each Participant must have a working knowledge of the System
and the Task Force's organizational structure, operating procedures, safety
practices, terminology and communication protocols.
3.5.11 Each Participant must have completed such courses of education
and training and other requirements as the Sponsoring Agency shall
specify.
3.5.12 Sponsoring Agency has authority to immediately suspends or
terminate a Participant's participation on the Task Force for failure to
satisfy and requirement.
3.6 Clothing and nd Equipment.
3.6.1 Sponsoring Agency will issue to each Participant certain items of
personal protective clothing and equipment for use in Task Force activities
and operations. In the event of Activation, Participant shall provide certain
additional items of personal clothing and equipment. Items of clothing and
equipment supplied by Sponsoring Agency shall remain the property of
the Sponsoring Agency and shall be returned promptly whenever a person
ceases to be a Participant. It shall be the responsibility of the participating
Agency to insure the return of all equipment issued. It shall be in
serviceable condition or the Participating Agency will reimburse the Task
Force for the cost of the equipment.
3.6.2 Subject to FEMA requirements, all uniforms will display the
official patch of the Task Force and the official patch of the System, as
Page 6of12
specified by the Sponsoring Agency. The Sponsoring Agency shall specify
the design of the uniform and any identifying insignia or markings.
3.7 Command, Control and Coordination.
3.7.1 When a Participant has been Activated or has otherwise been
placed at the direction, control and funding of FEMA, such as, for
example, during participation in FEMA sponsored training, the ultimate
authority for command, control and coordination of the service of the
Participant reposes with FEMA exercised through the system chain of
command. Subject to the principle just stated, the following provisions of
this Section 3.7 govern the responsibilities of the parties with respect to
supervisory, disciplinary and other specified aspects of the Participant's
employment within the context of his/her participation on the Task Force.
3.7.2 Sponsoring Agency shall exercise direct supervisory authority over
Participants during Activations, deployments and other activities of the
Task Force conducted by Sponsoring Agency,but for disciplinary
purposes, that authority is limited to temporary suspension or permanent
exclusion from participation. In all other instances where disciplinary
action may be necessary, Sponsoring Agency shall report the pertinent
circumstances to Participating Agency, which shall cooperate with
Sponsoring Agency and shall administer discipline as appropriate in
accordance with the Participating Agency's established rules and
regulations.
3.7.3 Nothing in this Agreement is intended to, nor does it, affect the
employer-employee relationship between Participating Agency and its
employees who are responsible for all of its employment obligations to its
employee Participants, including the compensation and benefits that the
Participating Agency has agreed to provide.
3.7.4 While participating in System activities conducted by Task Force,
Participants shall be subject to and observe and comply with all lawful
orders and directions of the authorized representatives of Sponsoring
Agency and the Task Force. Sponsoring Agency retains the right to
suspend or exclude any Participant from participation on the Task Force
for cause including failure to abide by the provisions of this Agreement.
3.8 Media and Information Policy.
3.8.1 Subject to applicable law, including FEMA regulations and
directives, all photographs and video taken during a deployment will be
kept under the control of Sponsoring Agency until use in internal or
external education programs or other dissemination is approved by FEMA.
Page 7 of 12
3.8.2 All applicable federal, state, and local media policies will be
strictly enforced and followed.
3.8.3 Subject to applicable rules and regulations, Sponsoring Agency
will have the primary responsibility for coordination of media coverage
and liaison with media sources and representatives concerning activities of
the Task Force. Sponsoring Agency shall endeavor to expose all
Participating Agencies to favorable media coverage opportunities.
3.9 Rules of Conduct.
3.9.1 All Participants will be expected to abide by the rules of conduct
established by FEMA and the Sponsoring Agency.
3.9.2 The failure of a Participant to abide by the rules of conduct may
result in suspension or exclusion from the Task Force under section 3.7
above.
3.10 Preparedness Activities.
3.10.1 Sponsoring Agency shall conduct Task Force management,
administration, training, equipment procurement and other preparedness
activities required by FEMA. Participating Agency and its Participants
shall cooperate with Sponsoring Agency and shall participate in the
activities as necessary to achieve Task Force preparedness goals and
objectives.
3.10.2 Participating Agency cooperation may be required for specific
training activities to be conducted, respectively, by Sponsoring Agency
and by Participating Agency, including training, administration and
reporting requirements.
3.10.3 As established by System directives but subject to the availability
of federal funding, Sponsoring Agency shall procure and maintain
required caches of equipment and supplies. The contents of these caches
shall be utilized for deployments of the Task Force and, subject to federal
rules and regulations, will be made available for training activities of
Sponsoring Agency and Participating Agency. Participants shall use Task
Force cache equipment and supplies only for authorized purposes and
shall exercise reasonable care to protect and preserve the property against
loss or damage. The Participating Agency shall be financially accountable
for any Task Force property that is lost or damages due to negligence or
unauthorized use by the Participating Agency.
3.11 Notification Procedures and Other Communications.
Page 8 of 12
3.11.1 Alerts and Activation.
3.11.1.1 Sponsoring Agency's Commander/Chief Executive
Officer or his/her designee shall determine whether the Task Force
is capable of and will respond to Activation Orders.
3.11.1.2 Participating Agency shall maintain at all times a"Point
of Notification: for receipt of notices from Sponsoring Agency
concerning possible deployments of the Task Force. The Point of
Notification shall include 24-hour telephonic and electronic
capabilities. Information concerning the Participating Agency
Point of Notification shall be set forth in Appendix C.
3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring
Agency shall give prompt telephonic or electronic notice to
Participating Agency's Point of Notification. The notice shall
designate the Task Force positions for which Participating
Agency's Participants are being requisitioned, the location of the
assembly point, and to the extent known, the nature and character
of the Activation.
3.11.1.4 Participating Agency shall at all times maintain the
capability of providing requisitioned Participants for participation
on a deployment of the Task Force.
3.11.1.5 Upon receipt of an Activation Order for the Task Force,
Participating Agency shall cause the required Participants to
respond to the assembly point designated in the notice.
3.11.2 Mobilization.
3.11.2.1 All requisitioned Participants will respond to the
designated assembly point within two hours of notification with all
required personal clothing and equipment and required
documentation.
3.11.2.2 Participating Agency will select its Participants through
a pre-established selection system that ensures the requisition is
promptly filled with fully qualified Participants.
3.11.2.3 Selected Participants will be subject to a pre-
deployment medical screening. Any Participant who fails the
screening will not be deployed.
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3.11.2.4 Sponsoring Agency retains the sole right to determine
which Participating Agency personnel, if any, will respond with
the Task Force when Activated.
3.11.3 Other Communications. Sponsoring Agency will remain in
contact with Participating Agency through the web based communication
system if conditions allow.
3.12 Critical Incident Stress Syndrome ("CISS") and Management.
3.12.1 Sponsoring Agency will have primary responsibility to provide
CISS training, intervention and support,before, during and after
Activation.
3.12.2 Cost incurred for unauthorized CISS activities are not eligible for
reimbursement.
3. GENERAL PROVISIONS
4.1 Effective Date. This Agreement shall be effective [date],
and when it has been duly and regularly authorized and executed by both parties.
4.2 Authority. As more specifically indicated above and below, this
Agreement is made (a)pursuant to the provisions of the Interim Final Rule or the Final
Rule; and (b) under the authority of Florida law, in furtherance of the purposed of the
National Urban Search and Rescue Response System.
4.3 Contents of the Agreement. Upon its execution, the Agreement consists
of this Agreement, along with the following Appendices and other attachments, if any:
4.3.1 Appendix "A"—The currently effective Memorandum of
Agreement between FEMA, the State of Florida, and Sponsoring Agency,
by which City of Miami Fire Rescue is appointed as and has agreed to
serve as Sponsoring Agency for the Task Force.
4.3.2 Appendix"B"—The federal regulations published on February 24,
2005 in the Federal Register as the Interim Final Rule at Vol. 70, No. 36,
pages 9182-9203.
4.3.3 Appendix "C"—Participating Agency's Point of Notification
4.4 Amendments and Termination.
4.4.1 Except as otherwise expressly provided, this Agreement may be
modified or amended only by another written agreement approved and executed by
both parties, and all such amendments will be attached to this Agreement.
Page 10 of 12
4.4.2 Term and Termination. The Agreement shall continue in effect
unless and until terminated as provided in this Agreement. The Agreement may be
terminated by either party upon 30 days written notice, except that Participating
Agency may not terminate this Agreement without the written consent of
Sponsoring Agency during any time when the Task Force has been place on Alert
status or has been Activated if the Alert or Activation affect Participants of the
Participating Agency.
4.5 Miscellaneous Provisions.
4.5.1 The obligations of the Participating Agency set forth in this
Agreement are non-delegable and may not be assigned to or assumed by
any other person without the prior written consent of Sponsoring Agency.
4.5.2 Except and to the extent federal law controls, this Agreement shall
be construed and enforced, as between the parties, according to the laws of
the state of Florida.
4.5.3 No.party shall engage in any conduct or activity in the
performance of this Agreement or participation in the System that
constitutes a conflict of interest under applicable federal, state or local
laws, rules and regulations.
4.5.4 Each party shall at all times observe and comply with all
applicable federal, state and local laws, rules and regulations.
4.5.5 Except as provided otherwise with respect to emergency
notifications, if it is necessary for the purposes of this Agreement for one
of the named parties to give notice to the other named party, notice shall
be in writing with the expenses of delivery or mailing fully prepaid and
shall be delivered by personal service or a form of public or private mail
service requiring proof of delivery. Notice is effective upon personal
delivery, or by mail service, on the date of either actual receipt or five
days after posting, whichever is first. Unless changed in writing in
accordance with this Section, notice shall be served on the party at the
address shown in Sections 1.1 and 1.2 of this Agreement.
4.5.6 Titles and section headings are for convenience only and are not a
part of the parties' Agreement.
4.5.7 Should any provision of this Agreement be determined to be
invalid or unenforceable under applicable law, the provision shall, to the
extent required, be severed from the remainder of the Agreement which
shall continue in full force and effect.
Page 11 of 12
4.5.8 This Agreement and its provisions are binding upon and inure to
the benefit of the parties and to their respective successors in interest,
provided,however, this Agreement does not and will not bestow any
rights or remedies upon persons to whom an unlawful delegation or
assignment has been made by Participating Agency.
4.5.9 This Agreement is made for the sole and exclusive benefit of the
named parties and their lawful successors in interest, and no other person
or entity is intended to, nor shall such other person or entity acquire or be
entitled to receive any rights or benefits as a third-party beneficiary of this
Agreement.
4.5.10 Neither the United States of America or the State of Florida is a
party to this Agreement.
4.5.11 Each person executing this Agreement represents that: he/she was
and is lawfully authorized to sign the Agreement on behalf of the party
he/she represent; execution of the Agreement was duly and regularly
authorized by the party's governing body; and, to the person's best
knowledge and belief the Agreement is a binding and enforceable
obligation of the party on whose behalf he/she acted.
4.5.12 Each party represents to the other: that the party has fully read and
understood all of the provisions of this Agreement including the
Appendices and other attachments, if any: that the party has secured and
considered such legal advice and other expert counsel as the party deemed
necessary and advisable for these purposes; and, that in agreeing to
execute and become a signatory to this Agreement the party has deemed
itself adequately informed and advised as to all of the risks assumed and
obligations undertaken pursuant to this Agreement.
4.5.13 This Agreement, including the Appendices and attachments, if any,
constitutes the entire agreement between the parties and it supersedes any
prior agreements on this matter.
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