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RESOLUTION 92-20655 RESOLUTION NO. 92-20655 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AID AGREEMENT WITH THE CITY OF HOMESTEAD FOR REIMBURSEMENT OF EQUIPMENT, MATERIALS AND PERSONNEL PROVIDED TO THE CITY OF HOMESTEAD AS A RESULT OF HURRICANE ANDREW Whereas, a major disaster occurred on August 24 , 1992, when Hurricane Andrew passed through South Florida; and Whereas, the Receiving Party has suffered severe damages and suffering as a result of Hurricane Andrew, and has found it necessary to seek emergency assistance in the form of equipment, materials and personnel in order to cope with the disaster; and Whereas, the Governor of the State of Florida requested the President of the United States declare a major disaster and the existence of an emergency in South Florida in order to obtain federal assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288) (hereinafter the "Stafford Act") ; and Whereas, on August 24, 1992 , the President of the United States declared South Florida a major disaster area, and thereafter waived state and local cost sharing requirements and authorized 100% federal reimbursement for eligible Public Assistance Under the Stafford Act; and Whereas, the parties desire that the costs of equipment, materials, and personnel provided hereunder be reimbursed under the Stafford Act; and Whereas, aid agreements of this type are authorized by applicable law. Now, therefore, be it duly resolved by the City Commission of the City of Miami Beach, Florida, that the Mayor and City Clerk are hereby authorized to execute the attached Aid Agreement between the City of Miami Beach and the City of Homestead for reimbursement of equipment, materials and personnel provided to the City of Homestead as a result of Hurricane Andrew. Passed and adopted this 4th day o November , 1992 . ATTEST: )011r P ) City Clerk Mayor FORM APP'OVED E , PT. OP By Da `' 0 • 92- • • • CI OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE -MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305)673-7782 COMMISSION MEMORANDUM NO. 6,--71_q ?i TO: Mayor Seymour Gelber and DATE: November 4 , 1992 Members of the City Commission FROM: Roger M. City Mana SUBJECT: MUTUAL AID AGREEMENT WITH THE CITY OF HOMESTEAD REGARDING ASSISTANCE PROVIDED AFTER HURRICANE ANDREW ADMINISTRATION RECOMMENDATION: The City Administration recommends that the attached Aid Agreement be approved in order to begin the process of reimbursement for those expenses related to this portion of the hurricane clean-up effort. BACKGROUND: In the days following Hurricane Andrew, the City of Homestead requested assistance from the City of Miami Beach in order to obtain additional Building Department Personnel and/or other City Personnel or equipment to assist the City of Homestead residents and businesses to begin the repair and reconstruction of their property. The time spent by City of Miami Beach employees assisting the City of Homestead is reimbursable by FEMA under the president's Disaster Declaration. In order for the City of Miami Beach to recoup its expenses incurred in assisting the City of Homestead, the attached Aid Agreement must be approved by the City of Miami Beach. To date, the total amount owed the City of Miami Beach is $14, 027. 03 . CONCLUSION: Therefore, the City Administration recommends that the attached Aid Agreement be approved in order to begin the process of reimbursement for those expenses related to this portion of the hurricane clean-up effort. RMC:SLR:ah Attachments 63 AGENDA ITEM DATE I Z AID AGREEMENT THIS AGREEMENT, entered into this 1st day of December 199 2 , by City of Miami Beach (the "Lending Party") and the CITY OF HOMESTEAD (the "Receiving Party") ; WHEREAS, a major disaster occurred on August 24, 1992, when Hurricane Andrew passed through South Florida; and WHEREAS, the Receiving Party has suffered severe damages and suffering as a result of Hurricane Andrew, and has found it necessary to seek emergency assistance in the form of equipment, materials and personnel in order to cope with the disaster; and WHEREAS, the Governor of the State of Florida requested the President of the United States declare a major disaster and the existence of an emergency in South Florida in order to obtain federal assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288) (hereinafter the "Stafford Act" ; and WHEREAS, on August 24, 1992 , the President of the United States declared South Florida as a major disaster area, and thereafter waived state and local cost sharing requirements and authorized 100% federal reimbursement for eligible Public Assistance under the Stafford Act; and WHEREAS, the parties desire that the costs of equipment, materials, and personnel provided hereunder be reimbursed under the Stafford Act; and WHEREAS, aid agreements of this type are authorized by applicable law. NOW THEREFORE, the parties do mutually agree as follows: ARTICLE I - TERM This agreement shall be effective as of 12 : 01 A.M. on December 1, 1992 , and shall continue through the time period set forth in Article II, subject to the right of each party hereto to terminate earlier as provided herein. All services, materials and/or personnel provided prior to this agreement and contemplated herein shall be deemed to have been performed pursuant to this agreement. 1 ARTICLE II - SERVICES (a) The Lending Party agrees to provide such equipment, materials and/or personnel to the Receiving Party as the respective officials of the Lending Party, in their discretion, shall determine can reasonably be spared at the time without placing their own community in jeopardy, for the purpose of aiding the Receiving Party in coping with the damage and suffering caused by the disaster. (b) Since time is of the essence during emergencies as herein referred to, the authority to dispatch equipment, materials and/or personnel or call for aid in accordance with the terms and conditions of this agreement shall be delegated specifically to the chief official or acting chief of the parties hereto. (c) The Lending Party shall be responsible for the delivery of said equipment, materials and/or personnel to the location specified by the Receiving Party. (d) Upon arrival at said location, the officer in charge of the equipment, materials and/or personnel shall report to the officer in charge at the location of the disaster or emergency who shall assume full charge of all operations at the disaster or emergency location. (e) All equipment and personnel provided hereunder shall be returned upon demand of the Lending Party or when released by the Receiving Party upon the cessation of the emergency or disaster. (f) Attached hereto as Exhibit "A" is a schedule of equipment, materials and personnel provided. ARTICLE III - PURPOSE It is hereby agreed upon by the parties that this Aid Agreement is in the public interest and is necessary to do one or more of the following: (a) Eliminate immediate threats of life, public health, and safety; or (b) Eliminate an immediate hazard which threatens substantial destruction of undamaged improved public or private property; or (c) Assure economic recovery of the affected community to the benefit of the community-at-large; or 2 (d) Provide emergency facilities when necessary to resume essential public services. ARTICLE IV - PAYMENT The purpose of this agreement is to ensure that the Receiving Party is fully reimbursed under the Stafford Act for all eligible expenditures of equipment, materials or personnel provided hereunder by the Lending Party. The Lending Party agrees to be responsible for maintaining records of all equipment, materials and personnel provided hereunder, and shall provide such documentation to the Receiving Party as soon as is practicable. The documentation provided shall be sufficient to enable the Receiving Party to seek reimbursement under the Stafford Act, and shall conform to the requirements of the Federal Emergency Management Agency (FEMA) . In the event FEMA fails to reimburse the Receiving Party for the expenditure of equipment, materials or personnel provided hereunder as a result of the insufficiency of documentation provided by the Lending Party, the Lending Party agrees to provide sufficient documentation as required by FEMA and otherwise fully cooperate in order to obtain reimbursement. Payment to the Lending Party for the equipment, materials or personnel provided hereunder shall be due within a reasonable time after the Receiving Party is reimbursed by FEMA for such equipment, materials or personnel, or such other time as the parties agree in writing. In the event that FEMA declares all or any part of the expenditure of equipment, materials or personnel provided hereunder ineligible for reimbursement under the Stafford Act, the Lending Party and the Receiving Party shall discuss further payment issues and negotiate a satisfactory resolution to such expenditures. ARTICLE V - LIABILITY The Receiving Party to which equipment, materials and/or liability arising from any acts undertaken pursuant to this agreement so long as those acts are not willful, wanton, or the result of gross negligence of the lending party, their agents or employees. ARTICLE VI - TERMINATION This agreement may be terminated by either party upon five (5) days prior written notice to the other. 3 • . ARTICLE VII — INTEGRATION No subsequent modifications to this agreement shall be of any force or effect unless in writing signed by the parties. This agreement supersedes any prior agreements between the parties addressing the areas of concern herein. ARTICLE VIII - APPLICABLE LAW In the performance of this agreement, each party shall comply with all applicable federal, state and local laws, rules and regulations. This agreement shall be governed by trhe laws of the State of Florida. In the event of a dispute arising under this agreement, the parties agree that proper venue shall be in Dade County, Florida. SIGNATURES OF AGREEING OFFICIALS CITY OF HOMESTEAD ITY OF AMI BEA., _ By: • 'V • By: firA 001 Mayor ATTEST. I t te,1 City Clerk FORM APPROVED L . . D PT. By / & Date 0677? 4 r i . CITY OF MIAMI BEACH BUILDING DEPARTMENT EMPLOYEES HURRICANE DAMAGE - TIME SHEET October 29, 1992 FEMA OWES MIAMI BEACH MIAMI BCH HOURS PAID OWES NAME TOTAL TIME BY MIAMI EMPLOYEES CLASSIFIED OR UNCLASSIFIED & AMOUNT BEACH (OVERTIME) Ana Parra Alarcon ($ 8 . 74) 13 .5 hrs 8 .0 hrs 5.5 hrs Classified $ 167. 79 $ 69 .92 $ 72 .11 Beverly Wayne Anderson ($15. 62) 249 .5 hrs 136. 0 hrs 108 . 0 hrs Classified $ 5,499.13 $ 2, 124 .32 $ 2, 530 .44 Jack Crespin ($14 .44) 73 . 75 hrs 56.0 hrs 17 . 75 hrs Classified $ 1, 409 .54 $ 808 . 64 $ 384 .47 Richard McConachie ($19 .81) 92 .0 hrs 92 . 0 hrs Unclassified $ 2, 416.11 $ 1, 822 .52 N/A Gary Orgeta ($21 .11) 30 .5 hrs 30 .5 hrs Unclassified $ 853 .57 $ 643 . 86 N/A Evelyn Heisley Sanchez ($9 .55) 262 .5 hrs 136.0 hrs 126.5 hrs Classified $ 3, 680 .89 $ 1, 303 .58 $ 1, 812 .12 Grand Total that FEMA owes the beach is $ 14, 027.03 . V IX£U 11VL1L RESOLUTION NO. 92-20655 Authorizing the Mayor and City Clerk to execute an aid agreement with the City of Homestead for reimbursement of equipment, materials and personnel provided to the City of Homestead as a result of Hurricane Andrew.