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HomeMy WebLinkAboutDebris Management Plan RESOLUTION 2016-219 ADOPTED DOC ID: 11651 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-219 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2016: WHEREAS, the Town of Southold has,by authorizations of the Southold Town Board(Res#s 2015-305 and 2015-427), in cooperation with the Suffolk County(the County) Department of Fire,Rescue and Emergency Services, along with the ten(10) Towns within the County(the "Planning Partners"),partnered in the development of a Multi-Jurisdictional Debris Management Plan(the Plan)proposed by the Federal Emergency Management Agency(FEMA)to provide a mechanism to coordinate inter-municipal debris management planning efforts in Suffolk County in the aftermath of emergency events subject to cost reimbursement from FEMA; and WHEREAS, through this cooperation the Town of Southold has entered into an Inter-Municipal Agreement with the County to be included in this Debris Management Plan; and WHEREAS, through the efforts of the Planning Partners, including the Town of Southold, a draft Debris Management Plan was completed in November 2015; and WHEREAS, the Planning Partners, including the Town of Southold have committed to adopt this Debris Management Plan upon acceptance and approval by FEMA; and WHEREAS, FEMA approved the 2015 Suffolk County Multi-Jurisdictional Debris Management Plan, including Southold's Annex thereto, in a letter dated December 14, 2015; now therefore be it RESOLVED, that the Town Board of the Town of Southold,being the lead agency under SEQRA,hereby determines that this resolution constitutes a Type II action; and be it further RESOLVED, that the Board adopts the 2015 Suffolk County Multi-Jurisdictional Debris Management Plan as approved by FEMA on December 14, 2015, and will execute the actions identified in the Plan that pertain to the Town; and be it further RESOLVED, that as detailed in the Suffolk County Multi-Jurisdictional Debris Management Plan, the Supervisor is authorized to enter into a Mutual Aid Agreement between the Town and one or more of the Planning Partners listed in the Plan, subject to the prior approval of the Southold Town Board and the Town Attorney; and be it further RESOLVED, that the Town of Southold will adhere to the adopted Plan to guide pre- and post- disaster debris management actions for which it may seek FEMA reimbursement funding; and be it further RESOLVED, that in such cases the Town will coordinate the strategies identified in the Plan with other Plan Partners; and be it further Resolution 2016-219 Board Meeting of February 23, 2016 RESOLVED, that the Town will work with Suffolk County and the other Planning Partners to provide a complete update of the Plan no less than every five(5) years Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Updated: 2/21/2016 4:56 PM by Lynda Rudder Page 2 � S�FFQtk� RECEIVED � ` �%"`?j OCT l 9 2016 q =` 41- �`�� '? Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: October 19, 2016 Subject: Debris Management Mutual Aid Agreement With respect to the above-referenced matter, I am enclosing the original Agreement together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: John Cushman, Comptroller 1 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management Debris Mutual Aid Agreement AGREEMENT made this c<? day of , 2016, by and between the County of Suffolk ("County"), acting by and through its Department of Fire, Rescue and Emergency Services ("SCDFRES"), with its principal offices located at 102 East Avenue Yaphank, N.Y. 11980; the Town of Babylon, acting by and through its Office at 200 East Sunrise Highway, Lindenhurst, N.Y. 11757; the Town of Brookhaven; acting by and through its Office at One Independence Hill, Farmingdale, N.Y. 11738; the Town of East Hampton, acting by and through its Office at 159 Pantigo Road, East Hampton, N.Y. 11937; the Town of Huntington, acting by and through its Office at 100 Main Street, Huntington, N.Y. 11743; the Town of Islip, acting by and through its Office at 655 Main Street, Islip N.Y. 11751; the Town of Riverhead, acting by and through its Office at 200 Howell Avenue, Riverhead N. Y. 11901; the Town of Shelter Island, acting by and through its Office at 38 N. Ferry Road, Shelter Island, N. Y. 11964; the Town of Smithtown, acting by and through its Office at 99 W. Main Street, Smithtown, N.Y. 11787; the Town of Southampton, acting by and through its Office at 116 Hampton Road, Southampton, N.Y. 11968; the Town of Southold, acting by and through its Office at 53095 Route 25, Southold, N.Y. 11971; hereinafter referred to each as a"Party" or collectively as the"Parties". RECITALS WHEREAS, the Parties are desirous of entering into this Agreement in order to provide each other with aid and assistance in the event of a local disaster or emergency; and WHEREAS, this Agreement will permit the Parties to have access to personnel and equipment available in the event of a local disaster or other emergency; and Page 1 of 16 IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII1111111III 0042501. Rev. 5/5/16 Law No. 21-FS-003 ' Mutual Aid & Assistance for Debris Management WHEREAS, this Agreement fulfills the Counties and Towns' obligations under the Federal Emergency Management Agency(FEMA) Urban Area Security Initiative (UASI) FY2013 Grant Program through the NYS Department of Homeland Security and Emergency Services (NYS DHSES) to provide planning through the provision of mutual aid; and WHEREAS, pursuant to the New York State Executive Law Article 2-B, the Parties are allowed to enter into mutual aid and assistance agreements which may include provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel and services in response to a natural or man-made disaster and/or other emergency; and NOW, THEREFORE, the Parties to this Agreement agree as follows: SECTION I BACKGROUND A. SCDFRES developed the Suffolk County Multi-Jurisdictional Debris Management Plan pursuant to the authorities of the Commissioner. SCDFRES was assisted in this effort by: Suffolk County Department of Public Works (DPW); Suffolk County Department of Parks, Recreation, and Conservation; and Suffolk County's ten Towns (Babylon, Brookhaven, East Hampton, Huntington, Islip, Riverhead, Shelter Island, Smithtown, Southampton and Southold), working in conjunction with NYS Division of Homeland Security and Emergency Services (NYS DHSES), NYS Department of Environmental Conservation (NYS DEC), the United States Environmental Protection Agency (US EPA), the United States Army,Corps of Engineers (US ACE), the Federal Emergency Management Agency(FEMA), and PSEG —Long Island for the purpose of protecting the health and welfare of Suffolk County's citizens in the event of a major natural disaster. The Suffolk County Debris Management Plan establishes the framework for the County and Towns to facilitate the proper management of debris generated by a natural disaster; i.e., hurricane, flood, earthquake, etc. B. The Towns within Suffolk County follow their own approved individual criteria for effectively, managing normal waste through established collection and disposal methodologies. Standard accepted solid waste management practices include keeping household hazardous waste, hazardous material and petroleum products out of the waste stream prior to collection and staging. These types of waste materials should not be comingled with other waste types such as household belongings or construction and demolition materials. The segregation of waste materials, either prior to curbside pick-up or at approved local drop off sites, helps to ensure that hazardous fluids and materials are not released to become contaminants. Local municipalities and Towns recognize that by paying careful attention to detail and following these accepted practices regularly, as well as in major debris generating disaster events, many safety issues and environmental impacts can be avoided or minimized. In this regard, local outreach efforts and public messaging to stress,the importance of segregating waste is an important aspect of debris management in normal operations and in disaster events. This recognition and heightened awareness is especially important within Suffolk County Page 2 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management where the geography, coastal I exposure, flood potential, and sub-surface structure (including aquifers) can all contribute to potential vulnerabilities and issues. C. Suffolk County's Debris Management Plan functions within the framework of the NYS DEC Storm Debris Management guidelines and is consistent with FEMA guidance in that the overall approach used in managing disaster debris is as follows: 1. Divert as much material from disposal as possible through recycling, composting and other legitimate diversion options. The types of materials that could be diverted from disposal could include: vegetative waste (clean wood from brush and trees); building materials (asphalt, brick and concrete); recyclable metals (i.e., abandoned vehicles, white goods; scrap metals); and household hazardous wastes. 2. Utilize approved volume reduction techniques to improve debris management efficiencies and minimize impacts on landfill capacities. 3. Utilize small capacity vegetative debris volume reduction techniques at local levels to minimize potential double handling of material. 4. Use disposal capacities as efficiently as possible for disposal of disaster debris, recognizing that most mixed debris is transferred out-of-state for disposal. 5. Allow for temporary tonnage increases at permitted in-state solid waste facilities on an emergency basis with the approval of the NYS DEC. 6. Rely on permitted Transfer Stations to transfer waste that cannot be diverted from disposal (recycling, composting, other)to waste handling facilities outside of the county for disposal' 7. Rely on permitted or authorized C&D Processing Facilities to reduce and transfer waste that cannot be diverted from disposal (i.e., recycling, composting, other) to waste handling facilities outside of the county for disposal. 8. Consider alternative technologies for managing portions of the debris waste stream, in-state or out-of-state, such as biomass facilities. 9. Use approved Temporary Debris Storage and Reduction (TDSR) and Vegetative debris sites for temporary storage and subsequent transfer of debris for recycling and disposal. SECTION II DEFINITIONS A. "Agreement": this Debris Mutual Aid Agreement. B. "Aid and Assistance": shall include, but not be limited to, personnel, equipment, facilities, services, supplies, and other resources. C. "Authorized Representative": an official of a Party to this Agreement who has been authorized in writing by that Party pursuant to the terms of this Agreement,,to request, offer, or authorize Aid and Assistance under the terms of this Agreement. D. "Local disaster or other emergency": the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from any natural or man—made Page 3 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management causes, including, but not limited to: fire; flood; earthquake; hurricane; tornado; high water; landslide; mudslide; wind; storm; wave action; volcanic activity; epidemic; air contamination; intentional, accidental or unintended release of any substance or material in any form or quantity which poses an unreasonable risk to safety and health and to property when released; natural incidents; explosions;• fires; collapses; blight; drought; infestation; radiological accident; water contamination; bridge failure or bridge collapse or any other incident that directly affects public safety. E. "FEMA": the Federal Emergency Management Agency. F. "Assisting Jurisdiction": a party to this Agreement that provides, coordinates and dispatches Aid and Assistance to another party that is requesting such Aid and Assistance. G'. "Requesting Jurisdiction": a party to this Agreement that requests and receives Aid and Assistance pursuant to this Agreement. H. "Incident Commander": The Incident Commander is the individual responsible-for all incident activities, including the development of strategies and tactics and the ordering and the release of resources. The Incident Commander has overall authority and responsibility for conducting incident operations and is responsible for the management of all incident operations at the incident site. I. "Incident Command Post": The Incident Command Post is the field location where the primary functions are performed. The Incident Command Post may be co-located with the incident base or other incident facilities. J. "NYS DHSES": the New York State Division of Homeland Security& Emergency Services. SECTION III PURPOSE AND POLICY A. This Agreement provides the framework fo'r the coordination of Aid and Assistance among the Parties. It is not intended to void or supersede other agreements among the Parties that provide for mutual aid. B. Assisting Jurisdictions having ownership and control of resources will utilize such resources in accordance with their own policies and procedures, and will be responsible for vehicle operation policies and procedures, and operator qualifications and training. It is expected that such policies will address operational safety, including training in safe vehicle operation and applicable traffic laws and regulations. C. It is the expectation of the Parties that the Assisting Jurisdictions having ownership or control over the resources will maintain such resources in a state of good working order and operational readiness so as to be available for a mutual aid response. Notwithstanding the immediately preceding sentence, each Party that has ownership or control over the resources is only obligated to participate for as long as such resource is available for such purposes. If a resource is taken out of operation or decommissioned the obligation to maintain such resource in a state of good working order and operational readiness will not apply. Page 4 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management D. It is anticipated by the Parties that deployment strategies for resources will be closely aligned with emergency resources and that therefore, in the event of a local disaster or other emergency, requests for the resources that are the subject of this Agreement may also be made in conjunction with other existing mutual aid resource requests and procedures. Nothing contained herein shall be construed to preclude requests for resources being made pursuant to other mutual aid agreements or other applicable legal authority. E. Requesting Jurisdictions seeking use of resources are responsible for ensuring compliance with any state or local regulations and/or requirements. F. This Agreement is intended to make resources owned or controlled by a Party or the Parties available for disasters and other emergencies within the geographical confines of any of the Parties. However, nothing contained herein shall be construed to restrict the ability of the Assisting Jurisdictions having ownership or control of the resources from making those resources available to Requesting Jurisdictions or to other jurisdictions that are not a Party to this Agreement in response to mutual assistance requests pursuant to other mutual aid agreements or other appropriate legal authority. G. Nothing contained herein shall be construed to restrict the ability of the Parties from making their resources available for purposes that satisfy the intention of the grant funding. SECTION IV OBLIGATIONS OF THE PARTIES A. The recitals set forth hereinabove are incorporated into and made a part of this Agreement. B. Provision of Aid and Assistance: The Parties to this Agreement agree to provide Aid and Assistance in accordance with the terms and conditions of this Agreement in the event of a Local Disaster or other emergency. The Parties may pre-arrange by standard operating procedures or other understandings, the types and quantity of resources that will be made available upon receipt of a request for Aid and Assistance. C. Ability to Provide Assistance: It is mutually understood that each Party's foremost responsibility is to its own residents and businesses. As such, this Agreement shall not be construed to impose an absolute obligation on any Party to this Agreement to provide Aid and Assistance upon receipt of a request from another Party. Accordingly, when Aid and Assistance have been requested, a Party in its sole discretion may deem itself unavailable to respond and shall so inform the Party setting forth the request by telephone, or any available mode of two-way communication, to be followed as soon as practicable by a written notification (transmitted by e-mail or facsimile) of the denial of the request. A Party shall not be liable to any other Party for a determination not to provide Aid and Assistance. D. Designation of Primary Communications Centers: All requests for Aid and Assistance shall be communicated by and between each Party's, pre-approved and designated primary communications center as their respective points of-contact for purposes of requests for Aid and Assistance, and have duly authorized the communications center personnel to initiate and receive requests for Aid and Assistance and to coordinate the Page 5 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management provision of Aid and Assistance in accordance with the ,terms of this Agreement and local protocols. E. Procedures for Requesting Assistance: (1) When a Party hereto is in need of additional resources in order to deal with a Local Disaster or other emergency, that Party's Authorized Representative may request Aid and Assistance by communicating the request to the Authorized Representative of the other Party through the designated primary communications centers. Said request must indicate that it is made pursuant to this Agreement in order to be enforced pursuant to the terms of this Agreement. The request may be made by telephone, or any available mode of two-way communication to be followed as soon as practicable by a written confirmation of the request. The Parties shall utilize the National Mutual Aid and Resource Management Initiative for resource typing purposes. (2) When a determination is made to make a request for Aid and Assistance pursuant to this Agreement, it should be done in the following manner: • Notification is made by a local Incident Commander from the Requesting, Jurisdiction to the Party's designated primary communications center that a disaster or other emergency causes or may potentially cause a jurisdiction's ,normal resources to be insufficient to manage the emergency/disaster event. • Notification of the situation should be made to the Requesting Jurisdiction's duly authorized emergency management official for consideration to invoke the Agreement. At such time that the decision is made to approve the Agreement request, the Requesting Jurisdiction seeking Aid and Assistance should communicate the request to the Authorized Representative of the other Party through their designated primary communications centers. • The Requesting Jurisdiction through its designated primary communications center shall provide as much of the following information as possible: i. Exact location of the incident. ii. Nature of incident. iii. Any personal protective equipment needed or precautions to be taken. iv. Type and quantity of Mutual Aid Resources being requested including any specific staffing or equipment needs. V. Most appropriate route(s) of travel. vi. Location of Staging area(s)with ingress and egress points. vii. Location of the Incident Command Post. viii. Communications channel assignment(s). ix. Verifiable call back number. • The Assisting Jurisdiction's designated primary communications center shall provide (if possible) an estimate of the resources available to respond to the Aid and Assistance request as well as an estimated time of arrival of those resources to the designated staging area. It shall be the responsibility of the Assisting Jurisdiction to inform the Requesting Jurisdiction as quickly as Page 6 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management possible as to whether the requested resources are unavailable in accordance with Section (IV) (C) above. F. Designation of Supervisory Personnel'and Coordination of Effort: The Assisting Jurisdiction shall designate supervisory personnel amongst its authorized staff, personnel and/or its employees sent to render Aid and Assistance to the Requesting Jurisdiction pursuant to the terms and conditions of any and all applicable union contracts. The Assisting Jurisdiction shall assign personnel capable of directing and coordinating activities associated with deployment of resources but may additionally elect to designate a supervisor to respond directly to the designated Incident Command Post and report to the Liaison Officer (or designated point of contact) as soon as practical. The Requesting Jurisdiction shall assign work tasks- to the Assisting Jurisdiction's supervisory personnel, and unless the' Parties agree otherwise, the Requesting Jurisdiction shall, have the responsibility for coordination between the Assisting Jurisdiction's supervisory personnel and the Requesting Jurisdiction. Based upon such assignments set forth by Requesting Jurisdiction, the Assisting Jurisdiction's supervisory personnel shall have the authority to: i. Assign work and establish work schedules for the Assisting Jurisdiction's personnel; ii. Maintain daily personnel time records, material records, and a log of equipment hours; iii. Report work progress to the Requesting Jurisdiction at regular intervals as specified by the Requesting Jurisdiction. G. Period of Service: Renewability: The duration of the Assisting Jurisdiction's Aid and Assistance shall be for an initial period of up to twenty-four (24) hours, starting from the time of arrival 'of the Assisting Jurisdiction's personnel, equipment and/or other resources. Thereafter, Aid and Assistance may be extended in increments agreed upon in writing by the Authorized Representatives of the Assisting Jurisdiction and the Requesting Jurisdiction. Unless otherwise provided in writing agreed to by the Parties, additional increments of Aid and Assistance shall not exceed twenty-four(24) hours. H. Travelinq Employees: Unless otherwise specified by the Requesting Jurisdiction or agreed to by the Parties in writing, it is mutually understood that the Requesting Jurisdiction shall pay for all reasonable out-of-pocket costs and expenses of the Assisting Jurisdiction's personnel, such as transportation expenses for travel to and from the disaster/emergency area in accordance with Federal per diem reimbursement rates for the region. The Requesting Jurisdiction shall provide food and lodging to the Assisting Jurisdiction's personnel at the Requesting Jurisdiction's sole cost and expense. Lodging is to be provided only when it is reasonably impracticable, in the Assisting Jurisdiction's discretion, for the Assisting Jurisdiction's personnel to travel to and from such personnel's usual place of abode. If the Requesting Jurisdiction cannot provide such food ,and/or lodging, the Requesting Jurisdiction shall so advise the Assisting Jurisdiction, and shall specify in its request for Aid and Assistance that only personnel who can provide for their own needs are requested. In such event, the Requesting Jurisdiction shall reimburse the Assisting Jurisdiction's personnel the reasonable costs and expenses for food and/or lodging. Page 7 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management I. Recall: The Assisting Jurisdiction's personnel, equipment and other resources shall remain subject to recall by the Assisting Jurisdiction to provide for its own residents and businesses, as determined in the Assisting Jurisdiction's sole discretion. The Assisting Jurisdiction shall make a good faith effort to provide at least eight (8) hours advance notification to the Requesting Jurisdiction of the Assisting Jurisdiction's intent to terminate the Aid and Assistance prior to the end of the period of service, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances shall be provided. J. Reimbursement For Aid and Assistance: Except as otherwise provided below, it is understood that the Requesting Jurisdiction shall reimburse the Assisting Jurisdiction for the following documented costs and expenses incurred by the Assisting Jurisdiction as a result of providing Aid and Assistance to the Requesting Jurisdiction: i. Personnel:-During the period that Aid and Assistance is rendered, the Assisting Jurisdiction shall continue to pay its employees according to its then prevailing ordinances, rules, regulations and agreements, and shall submit an invoice to the Requesting Jurisdiction for said costs. Such costs shall include, but not be limited to regular time, overtime pay and fringe benefits that the Assisting Jurisdiction's employee would have received from the Assisting Jurisdiction in the ordinary course of the employee's duties. H. Equipment: The Assisting Jurisdiction shall be reimbursed by the Requesting Jurisdiction for the use of its equipment according to established FEMA equipment rates. To the extent not covered by FEMA, NYSDHSES rates shall• apply. Costs for fuel, labor, supplies and materials used for the maintenance of equipment shall not be separately billed, and shall be considered to be reimbursed as a component of said FEMA or NYSDHSES billing rates. iii. Materials and Supplies: The Assisting Jurisdiction shall be reimbursed for all materials and supplies furnished by it, used, or damaged in providing Aid and Assistance to the Requesting Jurisdiction. The Assisting Jurisdiction's personnel shall use reasonable care at all times in the use and control of all materials and supplies used by them during the period of Aid and Assistance. The measure of reimbursement for materials and supplies shall be determined in accordance with established FEMA and New York State reimbursement policies. In the alternative, the Parties may agree in writing that the Requesting Jurisdiction will replace the materials and supplies used or damaged, with materials and supplies of like kind and quality. iv. Recordkeeping:, The Requesting Jurisdiction shall provide information, instructions,_ and assistance for record keeping to the Assisting Jurisdiction's personnel. The,Assisting Jurisdiction shall maintain records and invoices for reimbursement. Page 8 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management V. Billing and Payment Schedule: The Assisting Jurisdiction shall send an invoice/voucher pursuant to the notice provisions in Section IX of this Agreement for reimbursable costs and expenses, together with appropriate documentation as required by the Requesting Jurisdiction, as soon as practicable after the said period of Aid and Assistance. The Requesting Jurisdiction shall pay the bill, or advise of any disputed items, not later than ninety (90) days following the billing date unless an extension is granted by the Assisting Jurisdiction. vi. Waiver of Reimbursement. The Parties may elect to forego reimbursement, in whole or in part, pursuant to this section and Section (IV) (H) of this Agreement, and each Assisting Jurisdiction and Requesting Jurisdiction may enter into separate understandings with respect to reimbursement protocols. Such waivers or other reimbursement arrangements should be memorialized in a writing signed by duly authorized representatives of the respective Parties and maintained in accordance with the provisions of this Agreement. K. Inspection of Records: The Assisting Jurisdiction agrees that it shall make its records regarding costs and expenses for Aid and Assistance provided under this Agreement available for audit and inspection upon request by the Requesting Jurisdiction, New York State and the Federal Government, and shall keep such records available for inspection and evaluation by properly authorized personnel of the aforementioned government entities for at least seven (7) years after the date of final payment under this Agreement. If such an audit reveals overpayments by the Requesting Jurisdiction to the Assisting Jurisdiction, the Assisting Jurisdiction shall repay the amount of'such overpayment by check to the Requesting Jurisdiction. SECTION V A. PARTIES' RESPONSIBILITIES FOR STAFF, PERSONNEL AND/OR EMPLOYEES When the Assisting Jurisdiction's authorized staff, personnel and/or employees ("Personnel") are rendering Aid and Assistance pursuant to this Agreement, such Personnel shall remain the financial and legal responsibility of the Assisting Jurisdiction and shall retain the same powers, duties, immunities, and privileges they would ordinarily possess if performing their duties within the geographic limits of the Assisting Jurisdiction. The Assisting Jurisdiction shall maintain liability and workers' compensation coverage in the same manner and to the same extent as if such Personnel were performing their duties within the geographic limits of the Assisting Jurisdiction. The Assisting Jurisdiction's Personnel are not to be considered Personnel of the Requesting Jurisdiction for any purpose whatsoever. The Requesting Jurisdiction shall provide necessary credentials to the Assisting Jurisdiction's Personnel authorizing them to operate on behalf of the Requesting Jurisdiction. B. PARTIES' RESPONSIBILITIES FOR NEGLIGENCE Page 9 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management All Parties to this Agreement, whether Assisting. Jurisdictions or Requesting Jurisdictions, shall be liable for the negligence of its Personnel occurring in the performance of their duties, before, during and after the ,provision of any Aid and Assistance, in the same manner and to the same extent as if such negligence occurred in the performance of their duties within the area regularly served. Any loss or damage to equipment of the Assisting Jurisdiction sustained in answering a call for Aid and Assistance under this Agreement will be a charge against and paid by the Requesting Jurisdiction. The Requesting Jurisdiction shall not be responsible for reimbursing the Assisting Jurisdiction for the costs of any damage caused to the Assisting Jurisdiction's equipment by gross negligence, willful or wanton misconduct, intentional misuse, or recklessness of the Assisting Jurisdiction's personnel. Nothing herein shall prevent a Party from submitting a claim to its own insurance company. Nothing herein shall be deemed to affect any defense, immunity or other benefit provided by Federal law or the laws of the State of New York, or to create any liability that does not exist under current law. SECTION VI NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) COMPLIANCE As recipients,of federal grant funds, the Parties to this Agreement should implement and remain compliant with ongoing NIMS benchmarks pursuant ,to Federal and State Department of Homeland Security principles. Assisting Jurisdictions' personnel who respond to another jurisdiction pursuant to the terms of this Agreement should have appropriate Incident Command System (ICS) training (in accordance with NIMS Training Guidelines) for the job which they will perform. SECTION VII NONDISCRIMINATION IN EMPLOYMENT AND SERVICES All Aid and Assistance shall be rendered in accordance with the applicable Federal, State and local laws, rules and regulations prohibiting discrimination in the provision of public services. SECTION VIII EFFECTIVE DATE; TERM OF AGREEMENT; RENEWAL; TERMINATION A. Effective Date. This Agreement shall take effect upon full execution by all Parties. B. Term: The term of this Agreement shall be for five (5) years from the date first set forth above, unless the Agreement is extended or terminated in writing, by Authorized Representatives of the Parties. 1 Page 10 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management C. Termination. Any Party may terminate this Agreement upon thirty (30) days' written notice to all Parties. Termination of this Agreement by any one Party will have no effect on the Agreement among the remaining Parties. It will remain in full force and effect as Jo those Parties. Termination of this Agreement shall not affect the obligation of any Party to reimburse the other for the costs and expenses of rendering Aid and Assistance incurred prior to the effective date of termination pursuant to the terms of this Agreement. SECTION IX NOTICES All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth on page one of this Agreement (with the exception of the Suffolk County addresses listed below) or to such other addresses as the respective Parties hereto may designate in writing. Notice shall be effective on the date of receipt. Suffolk County: County Executive Commissioner H. Lee Dennison Building Department of Fire, Rescue and 100 Veterans Memorial Highway Emergency Services PO Box 6100 Po Box 127 Yaphank, NY 11980-0127 Hauppauge, NY 11788-0099 With a copy to: County Attorney 100 Veterans Memorial Highway PO Box 6100 (6th Floor) Hauppauge, NY 11788-0099 SECTION X GRATUITIES The Parties represent and warrant that they have not offered or given any gratuity to any official, employee or agent of the Counties, the Towns, or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement. SECTION XI NO BENEFIT TO THIRD PARTIES All functions and activities performed under this Agreement are carried out for the benefit of the general public and not for the benefit of any specific individual or individuals. Accordingly, this Page 11 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual'Aid &Assistance for Debris Management Agreement shall not be construed as or deemed to be an agreement for the benefit of any third parties or persons and, no third parties or,persons shall have any right of action under this Agreement for any cause whatsoever. SECTION XII HEADINGS The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this Agreement. SECTION XIII SEVERABILITY; NO IMPLIED WAIVER (A) It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (B) No waiver shall be inferred from any failure or forbearance of any party hereto to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. SECTION XIV MERGER; NO ORAL CHANGES It is expressly agreed that this Agreement represents the entire agreement of the Parties, that all previous understandings are merged in this Agreement, and that no modification of this Agreement shall be valid unless written and executed by all Parties. SECTION XV STATUS OF THE PARTIES, The Parties hereto agree that that none of the Parties,, nor any of their officers, directors or employees will hold itself or themselves out as, or claim to be, an officer or employee of the other Parties by reason of this Agreement, and that neither it nor any of them will, by reason thereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of another Party, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, Social Security coverage; or retirement membership or credits. Page 12 of 16 r 0 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid & Assistance for Debris Management This agreement shall not be construed as creating a principal agent relationship between any Party to this Agreement and any other party to this Agreement. SECTION XVI • ` NO ASSIGNMENT The Parties agree not to assign, transfer, convey, sublet or otherwise"dispose of the Agreement, or any of their right, title or interest therein, or their power to execute this Agreement, or assign all or any portion of the monies that may be due or become due hereunder, to any other person or corporation, without the prior consent in writing ,of the other Parties, and any attempt to do any of the foregoing without such consent shall be of no effect. SECTION XVII COMPLIANCE The Parties shall comply with all Federal, State and Local Laws, rules, regulations, codes and ordinances in the performance of this Agreement and shall obtain, pay for and comply with any conditions contained in any permits, approvals and renewals thereof which are°required to be obtained in the legal performance of this"Agreement. f ' SECTION XVIII COUNTERPARTS This Agreement may be executed in counterparts. IN WITNESS WHEREOF, each of the Parties have caused this Mutual Aid and Assistance Agreement for Debris Management to be duly executed in its name and behalf by an Authorized Representative, in accordance with any and all procedures required to enter into such agreement, on the day and year first above written. TOWN OF BA ON / By: �! (! Su eru or Date hereby certifies under penalties of perjury that'I am an'officer of` Gvthat -8 av read and I am familiar with§A5 of Article V of the Suffolk Itotinty C and that t) meets all requirements to qualify for exemptio thereunder. Name Date Page 13 of 16 f , Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid & Assistance for Debris Management TOWN OF BROOKHAVEN Bim. ��/ ,25 /. Supervisor Date ���I��e,ugty hereby certifies under penalties of perjury that I am an officer of 2TChlr� ::;re OSZ3XDCcV&y°u^— that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that *t5wv, eti meets all requirements to qualify for exemption thereunder. Name NVL1e.\ �Q(y�Ccb Date �5- '0 HAMPTON B . Orly/I6 Supervisor d/or Deputy Supervisor Date t AERP C-AAXWELL hereby certifies under penalties of perjury that I am an officer of THE TOwio cw r-.gsr kNoI nOAJ ,that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that Wig Miw or- E40 NNNtj!n&�-meets all requirements to qualify for exemption thereunder. Name LO/PeTWELC. Date 'ate! OWNH (� e d'T S sora /or Deputy Supervisor Date an hereby certifies under penalties of perjury that I am an officer of 4L 'At3'C ,th t I 4ave read and I am familiar with§A5-8 of Article V of the Suffolk County Co nd tha eets all requirements to qualify for exemption ereunder. /,, Name �� Date / c� TO OF LSLIF�j.�_ B Q r1i / Supe or Date AnAl(,. ` hereby certifies under penalties of perjury that I am an officer of l�7W�1 116qlat I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that 71un --Tz 10 meets all requirements to qualify for exemption thereunder. 1 °'1' Name �ftDate—f Page 14 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid & Assistance for Debris Management TOWN OF RIVERHE By: 71 Supervisor and/or Deputy Supervisor Date • L�9 hereby certifie's under penalties of perjury that I am an officer of -rotAi hj or— R-cy fz� ,that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that'--t VLA J f- KAV G2- equirements to qualify for exemption thereunder. Name' W A-LTVida—= -a s"I M TOWN OF SHELTER ISLAND By: ,�a l � p Deputy Supervisor Date C.GN6SA,n e Uw l� hereby certifies under penalties of perjury that I am an officer of that I have read'and I am'familiar'with§A5-8 of Article V of the Suffolk County Code,and that '1�h t - LA l4rr L'( __meets all requirements to qualify for exemption thereunder. ii Name N �C 6�n S� i3 Date 1 11 J 1y TOWN 2-7 -20((� By: Std Deputy Supervis r Date n,--42 5 �'1 C r`--k hereby certifies under penalties of perjury that I am an officer of C- d�,n of 9m 14-K+®W f% ,that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that 'Ta cures ®f Srw i+k LNgh meets all requirements to qualify for exemption thereunder.I C/�► Name�OMceSJ.� LArtRUbateJ24141 TOW F S THAMPfO By: 'UUVV .5m and/or Deputy S ry o Date FRANCA S ZP�f?0&)I hereby certifies under penalties of perjury that I am an officer of T ,that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,and that �� meets all requirements to qualify for exemption thereunder. {� NameQ N&K ZP005-Date 1(�, Page 15 of 16 Rev. 5/5/16 Law No. 21-FS-003 Mutual Aid &Assistance for Debris Management i. r E '. TOWN OF SOUTHOL { upervisor and/or Deputy Supervisor Da e �9C a-r± I�o� 45�� I hereby certifies under penalties of perjury that I am an officer of ` f !' �rl( +ko f d ,that I have read and I am familiar with§A5-8 of Article V of the Suffolk County Code,, d that C_eyt—.-+ ASS-0- I I/ meets all requirements to qualify for exemption thereunder. Of SO Ln-1-t6d t Name SCOTT A . Runsel l Dated b Approved as to Form: COUNTY OF SUFFOLK Dennis M. Brown County Attorney By: By: a Dennis M. Co en Niranjan Ar. Sagapura Chief'Deputy County Executive Assistant County tt rney Date: 63/"3-0/40 Date: �` Approved: Department of Fire, Rescue and Emergency Services By: Joseph . WiIlia Commis " r Date: Page 16 of 16