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  County Administrator's Report     12. 13.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 11/07/2019  
Issue:    Interlocal Agreement Between the Escambia County School Board and Escambia County, Florida Relating to Public Sheltering Facilities
From: JOHN DOSH
Department: Public Safety  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Interlocal Agreement Between the Escambia County School Board and Escambia County, Florida, Relating to Public Sheltering Facilities - John S. Dosh, Interim Public Safety Department Director

That the Board take the following action regarding the Interlocal Agreement between the Escambia County School Board and Escambia County, Florida:

A. Approve the Interlocal Agreement between the Escambia County School Board and Escambia County, Florida, outlining operational and financial roles and responsibilities related to the mobilization of hurricane shelter(s) on various School District campuses that will be effective upon filing with Clerk of the Circuit Court of Escambia County, Florida, and will automatically renew unless terminated by either party with 30 days' written notice; and

B. Authorize the Chairman or Vice Chairman to execute the Interlocal Agreement.
BACKGROUND:
In a letter dated April 27, 2018, from the Federal Emergency Management Agency (FEMA) to the Florida Division of Emergency Management, FEMA provided a new evaluation and interpretation of Section 252.38(3)(a)1, Florida Statutes as it may be applied under 44 CFR 206.223(a)(3) related to emergency and hurricane shelter expense reimbursements from FEMA in federally declared disaster incidents.  

FEMA has determined that "The request to open selected schools as emergency shelters is made by the emergency management director to the local school boards [and similarly universities]. The local emergency management agency, or its parent agency having the legal responsibility for emergency shelters, is the Requesting Agency and should be the applicant to request reimbursement of costs." In this situation, the Requesting Agency is the County Emergency Management Agency requesting mutual aid support from the School Board to open hurricane shelters and as applied under 44 CFR 206.223(a)(3). And as such, the County would need to request reimbursement for hurricane shelter expenses from FEMA. In order for the County to request that reimbursement from FEMA, those eligible costs must be paid to the School Board prior to requesting for reimbursement from FEMA. 

Prior to this FEMA interpretation and decision, the School Board would historically request reimbursement directly from FEMA as they may desire. However, moving forward under this Agreement, the School Board would request 100% reimbursement for shelter expenses from the County, should they so choose. If the County is federally declared, and as it stands now, the County would have the option to request up to 75% of eligible shelter expenses from FEMA and an additional 12.5% of eligible shelter expenses from the State of Florida. Should the County not be federally declared, the costs would become a 100% County expense.

As a result of this FEMA interpretation and with recent changes in local hurricane shelter operations planning, it is in the best interest of all participating parties to enter into an interlocal agreement to clarify the relationship for this mutual aid support.
BUDGETARY IMPACT:
As a result of the FEMA letter dated April 27, 2018, the County would be responsible for a minimum of 12.5% and up to 100% of hurricane shelter operational costs depending upon whether the County is included in a federally declared disaster or not.  
LEGAL CONSIDERATIONS/SIGN-OFF:
Kristin Hual, Senior Assistant County Attorney, has reviewed the Agreement and approved it as to form and legal sufficiency.  
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
Board of County Commissioners' Policies require Board approval for Interlocal Agreements.
IMPLEMENTATION/COORDINATION:
John Dosh, Division of Emergency Management Manager, will oversee and coordinate implementation upon approval of the Agreement with the Escambia County School Board.

Attachments
FEMA Letter
Escambia County School Board Agreement

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