HomeMy WebLinkAbout2000 10 23 EXEMPTION Consent B New Statewide Mutual Aid Agreement
COMMISSION AGENDA
ITEM
B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
Meeting
MGRjY' IDEPT-.JV
Authorization
October 23, 2000
REQUEST: Fire Department requesting Execution of the New Statewide Mutual Aid
Agreement, dated July 31, 2000.
PURPOSE: The purpose of this item is to gain Commission authority to Adopt the New
Statewide Mutual Aid Agreement, which supersedes the original Agreement
signed in 1994.
CONSIDERATIONS:
Prior to 1994 a Statewide Mutual Aid Agreement did not exist. The Agreement that was
executed in 1994 was an effort statewide to provide for response and recovery resources
when a disaster strikes. The original Agreement did not include independent special
districts and public works mutual aid agreements. This New Agreement has been revised
to include these functions and is requested to be executed by all parties prior to June 30,
2001.
A letter from the Department of Community Affairs (Attachment 1) outlines the
agreement changes, and the New Statewide Mutual Aid Agreement (Attachment 2)
incorporates language changes from the original Agreement signed in 1994.
October 23, 2000
Consent Agenda Item "B"
Page 2
RECOMMENDATION:
Adopt the New Statewide Mutual Aid Agreement, dated July 31, 2000 by the City
Commission.
IMPLEMENTATION SCHEDULE:
NIA
ATTACHMENTS:
1. Letter from Department of Community Affairs, dated September 13,2000
2. Statewide Mutual Aid Agreement, dated July 31, 2000
COMMISSION ACTION:
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STATE OF flORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
IEB BUSH
Governor
September 13,2000
STEVEN M. SEIBERT
Secretary
MEMORANDUM
TO:
FROM:
All Political Subdivisions
~t~( ~
Josepfl F. Myers, Director
Division of Emergency Management
SUBJECT:
Execution of the New Statewide Mutual Aid Agreement, dated July 31,2000
When disasters strike, the initial resources to protect the health and safety of our citizens
will come from local efforts including Municipal and County resources. However, if the
response and/or the recovery efforts are beyond the capability of local resources, requests for
assistance will be made to the State. If the disaster exceeds the State's ability to support local
governments, the State may request additional assistance through the Emergency Management.
Assistance Compact or from Federal assistance to supplement the State's efforts. A proven
method to augment emergency resources in a cost effective and timesaving manner is through the
implementation of mutual aid agreements. Over the past six years, the Division of Emergency
Management has become a strong proponent of participation in the Statewide Mutual Aid
Agreement. Currently, we recognize the process can be further strengthened with the inclusion
of independent special districts.
Mutual aid agreements are encouraged to maximize and coordinate the use of available
resources within the State and to ensure faster reimbursements. Utilizing mutual aid agreements,
regardless of the funding sources, is the best way to supplement emergency assistance to protect
the health and safety of the residents located within ~e impacted area and is cost effective.
The Statewide Mutual Aid Agreement was revised due to lessons learned from problems
which arose since its inception in 1994. The Division of Emergency Management has replaced
the previous Statewide Mutual Aid Agreement, dated April 27, 1994 and superseded the Public
Works Mutual Aid Agreement due to a minimum scope of activity and public works being
included in the new Statewide Mutual Aid Agreement, dated July 31, 2000. The April 27, 1994,
document will remain in effect to give local and regional governmental entities time to sign the
new Agreement by June 30, 2001.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100
Phone: 850,488.8-166/Suncom 278,8466 FAX: 850.921,0781/Sunt:om 291.0781
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September 13, 2000
Page Two
Despite the omission of independent special districts from the original agreement, many
districts have responded to requests during past disasters. Adding independent special districts as
a party to the Statewide Mutual Aid Agreement is a significant substantive change from the
original agreement and creates access to a broader array of resources. The Division of
Emergency Management requests all Counties, Municipalities, Community College Districts,
School Districts and Independent Special Districts to sign the new Statewide Mutual Aid
Agreement, acknowledging the acceptance of the new terms arid parties. With the addition of the
900 plus Independent Special Districts, i.e., (Community College Districts, School Districts,
Soil and Water Conservation Districts, Reedy Creek Improvement District, Special Fire
Control Districts, Fire and Rescue Districts, Mosquito Control Districts, Water Management
Districts, Water and Sewer Districts, Water Control Districts, Navigation Districts, Drainage
Districts, Educational Districts, Port Districts), to the Statewide Mutual Aid Agreement, Florida
will expand its resources and address all public entities needing assistarice.
Some of the major differences in the new Statewide Mutual Aid Agreement are:
. There is no modification to sign along with the new Agreement as before.
. The new Agreement includes goveriunental entities of every description.
. The new Agreement makes use of binding arbitration to settle billing disputes
between parties.
. No Participating Party may hire employees in violation of the employment
restrictions in the Immigration and Nationality Act, as amended.
The new Statewide Mutual Aid Agreement also provides for the following:
. The execution of the new Agreement by any Participating Party, which is a
signatory to the Statewide Mutual Aid Agreement of 1994, will terminate the
rights, interests, duties, responsibilities and obligations of that Participating Party
under that Agreement, but such termination will not affect the liability of the
Participating Party for the reimbursement of any costs due under that agreement,
regardless of whether billed or unbilled.
. The Statewide Mutual Aid Agreement of the year 2000 will continue to be in
effect for one year from its date of execution by a Participating Party, and it will
be automatically renewed one year after its execution unless within sixty days
before that date the Participating Party notifies the Department of Community
Affairs in writing of its intent to withdraw from the Agreement.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated co making Florida a beuer place to call home"
IEB BUSH
Governor
September 13, 2000
STEVEN M. SEIBERT
Secretary
MEMORANDUM
FROM:
All Political Subdivisions
ftk"f ~
Josepfl F. Myers, Director
Division of Emergency Management
TO:
SUBJECT:
Execution of the New Statewide MutUal Aid Agreement, dated July 31, 2000
When disasters strike, the initial resources to protect the health and safety of our citizens
will come from 10cal efforts including Municipal and County resources. However, if the
response and/or the recovery efforts are beyond the capability of local resources, requests for
assistance will be made to the State. If the disaster exceeds the State's ability to support local
governments, the State may request additional assistance through the Emergency Management.
Assistance Compact or from Federal assistance to supplement the State's efforts. A proven
method to augment emergency resources in a cost effective and timesaving manner is through the
implementation of mutual aid agreements. Over the past six years, the Division of Emergency
Management has become a strong proponent of participation in the Statewide Mutual Aid
Agreement. Currently, we recognize the process can be further strengthened with the inclusion
of independent special districts.
Mutual aid agreements are encouraged to maximize and coordinate the use of available
resources within the State and to ensure faster reimbursements. Utilizing mutual aid agreements,
regardless of the funding sources, is the best way to supplement emergency assistance to protect
the health and safety of the residents located within the impacted area and is cost effective.
The Statewide Mutual Aid Agreement was revised due to lessons learned from problems
which arose since its inception in 1994. The Division of E,mergency Management has replaced
the previous Statewide Mutual Aid Agreement, dated April 27, 1994 and superseded the Public
Works Mutual Aid Agreement due to a minimum scope of activity and public works being
included in the new Statewide Mutual Aid Agreement, dated July 31, 2000. The April 27, 1994,
document will remain in effect to give local and regional governmental entities time to sign the
new Agreement by June 30, 2001.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399.2100
Phone: 850.488,8466/Suncom 278,8-166 FAX: 850,921,0781/Suncom 291,0781
Internp.l address: hllp://\V\V\\',dcd.srale,il.us
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All Political Subdivisions
September 13,2000
Page Two
Despite the omission of independent special districts from the original agreement, many
districts have responded to requests during past disasters. Adding independent special districts as
a party to the Statewide Mutual Aid Agreement is a significant substantive change from the
original agreement and creates access to a broader array of resources. The Division of
Emergency Management requests all Counties, Municipalities, Community College Districts,
School Districts and Independent Special Districts to sign the new Statewide Mutual Aid
Agreement, acknowledging the acceptance of the new terms and parties. With the addition of the
900 plus Independent Special Districts, i.e., (Community College Districts, School Districts,
Soil and Water Conservation Districts, Reedy Creek Improvement District, Special Fire
Control Districts, Fire and Rescue Districts, Mosquito Control Districts, Water Management
Districts, Water and Sewer Districts, Water Control Districts, Navigation Districts, Drainage
Districts, Educational Districts, Port Districts), to the Statewide Mutual Aid Agreement, Florida
will expand its resources and address all public entities needing assistance.
Some of the major differences in the new Statewide Mutual Aid Agreement are:
. There is no modification to sign along with the new Agreement as before.
. The new Agreement includes governmental entities of every description.
. The new Agreement makes use of binding arbitration to settle billing disputes
between parties.
. No Participating Party may hire employees in violation of the employment
restrictions in the Immigration and Nationality Act, as amended.
The new Statewide Mutual Aid Agreement also provides for the following:
. The execution of the new Agreement by any Participating Party, which is a
signatory to the Statewide Mutual Aid Agreement of 1994, will terminate the
rights, interests, duties, responsibilities and obligations of that Participating Party
under that Agreement, but such termination will not affect the liability of the
Participating Party for the reimbursement of any costs due under that agreement,
regardless of whether billed or unbilled.
. The Statewide Mutual Aid Agreement of the year 2000 will continue to be in
effect for one year from its date of execution by a Participating Party, and it will
be automatically renewed one year after its execution unless within sixty days
before that date the Participating Party notifies the Department of Community
Affairs in writing of its intent to withdraw from the Agreement.
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All Political Subdivisions
September 13,2000
Page Three
. The execution of the new Agreement by any Participating Party which is a
signatory to the Public Works Mutual Aid Agreement will terminate the rights,
interest, duties and responsibilities and obligations of that Participating Party
under that Agreement, but such termination will not affect the liability of the
Participating Party for the reimbursement of any cost due under ~at agreement,
regardless of whether billed or unbilled.
. Unless superseded by the execution of this Agreement in accordance with
Section A, Article XI, the Statewide Mutual ~id Agreement of 1994 shall
terminate and cease to have legal existence after June 30, 2001.
In order to become a party to the attached Statewide Mutual Aid Agreement, submission
of your signed agreement must include the following:
1. A separate completed copy of Form A (Authorized Representatives Contact) for
the county, municipalities, and all independent speCial districts.
2. A Resolution or a copy of meeting minutes from each governing board showing
governing board approval.
3. A Certificate of Insurance or other evidence of insurance coverage for each
county, municipalities, and/or independent special districts.
Thank you for your immediate response to this very important document. Should you
have questions regarding the aforementioned, please call Ms. Janice L. Jones, Planner at
(850) 413-9974 or Mr. Alfred O. Bragg, Assistant General Counsel at (850) 922-1676.
JFM:jj
Attachments
,i.
July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida
(the "Department"), and all the local govenunents signing this Agreement (the "Participating Par-
ties") is based on the existence of the following conditions:
A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the
disruption of essential services and the destruction of the infrastructure needed to deliver those
servIces.
B. Such disasters are likely to exceed the capability of any one ~ocal government to cope
with the disaster with existing resources.
C. Such disasters may also give rise to unusual technical needs that the local government
may be unable to meet with existing resources, but that other local governments may be able to offer.
D, The Emergency Management Act, as amended, gives the local govenunents of the State
the authority to make agreements for mutual assistance in emergencies, and through such agreements
to ensure the timely reimbursement of costs incurred by the local governments which render such
assistance.
E. Under the Act the Department, through its Division of Emergency Management (the
"Division"), has authOlitY to coordinate assistance between local governments during emergencies
and to concentrate available resources where needed.
July 31,2000
F. The existence in the State of Florida of special districts, educational districts, and other
regional and local governmental entities with special functions may make additional resources
available for use in emergencies.
Based on the existence of the foregoing conditions, the parties agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have
the following meanings:
A. The "Agreement" is this Agreement, which also may be called the Statewide
Mutual Aid Agreement.
B. The "Participating Parties" to this Agreement are the Department and any and all
special districts, educational districts, and other local and regional governments signing this
Agreement.
C. The "Department" is the Department of Community Affairs, State of Florida.
D. The "Division" is the Division of Emergency Management of the Department.
E. The "Requesting Parties" to this Agreement are Participating Parties who request
assistance in a disaster.
F. The "Assisting Parties" to this Agreement are Participating Parties who render
assistance in a disaster to a Requesting Party.
2
July 31,2000
G. The "State Emergency Operations Center" is the facility designated by the State
Coordinating Officer for use as his or her headquarters during a disaster.
H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued
by the Division in accordance with ~ 252.35(2)(a), Fla. Stat. (1999).
I. The "State Coordinating Officer" is the official whom the Governor designates by
Executive Order to act for the Governor in responding to a disaster, and to exercise the
powers of the Governor in accordance with the Executive Order and the Comprehensive
Emergency Management Plan.
J. The "Period of Assistance" is the time during which any Assisting Party renders
assistance to any Requesting Party in a disaster, and shall include both the time necessary for
the resources and personnel of the Assisting Party to travel to the place specified by the
Requesting Party and the time necessary to return them to their place of origin or to the
headquarters of the Assisting Party.
K. A "special district" is any local or regional governmental entity which is an in-
dependent special district within the meaning of ~ 189.403(1), Fla. Stat. (1999), regardless
of whether established by local, special, or general act, or by rule, ordinance, resolution, or
interlocal agreement.
L. An "educational district" is any School District within the meaning of ~ 230.01,
3
July 31, 2000
Fla. Stat. (1999), or any Community College District within the meaning of 9 240.313(1),
Fla. Stat. (1999).
M.. An "interlocal agreement" is any agreement between local governments within
the meaning of S 163.01(3)(a), Fla. Stat. (1999).
N. A "local government" is any educational district and any entity that is a "local
governmental entity" within the meaning of S 11.45(1)(d), Fla. Stat. (1999).
O. Any expressions not assigned definitions elsewhere in this Agreement shall have
the definitions assigned them by the Emergency Management Ac~, as amended.
ARTICLE II. Applicability of the Al!reement. A Participating Party may request assistance
under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other
mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree-
ment for a minor disaster.
AR TI CLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster,
a Participating Party may invoke assistance under this Agreement by requesting it from any other
Participating Party or from the Department if, in the judgment of the Requesting Party, its own
resources are inadequate to meet the disaster.
A. Any request for assistance under this Agreement may be oral, but within fiv~ (5)
days must be confirmed in writing by the Director of Emergency Management for the County
4
:..
July 31, 2000
of the Requesting Party, unless the State Emergency Operations Center has been activated
in response to the disaster for which assistance is requested.
B. All requests for assistance under this Agreement shall be transmitted by the
Director of Emergency Management for the County of the Requesting Party to either the Di-
vision or to another Participating Party. If the Requesting Party transmits its request for
Assistance directly to a Participating Party other than the Department, the Requesting Party
and Assisting Party shall keep the Division advised of their activities.
C. If any requests for assistance under this Agreement are ~ubmitted to the Division,
the Division shall relay the request to such other Participating Parties as it may deem ap-
I
propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely
assistance to the Requesting Party. All such activities shall be carried out in accordance with
the Comprehensive Emergency Management Plan.
D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing
in this Agreement shall be construed to allocate liability for the costs of personnel, equip-
ment, supplies, services and other resources that are staged by the Department or by other
agencies of the State of Florida for use in responding to a disaster pending the assignment
of such personnel, equipment, supplies, services and other resources to a mission. The docu-
mentation, payment, repayment, and reimbursement of all such costs shall be rendered in
5
July 31, 2000
accordance with the Comprehensive Emergency Management Plan.
ARTICLE IV. Responsibilities ofRequestin~ Parties. To the extent practicable, all Re-
questing Parties seeking assistance under this Agreement shall provide the following information
to the Division and the other Participating Parties. In providing such information, the Requesting
Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting
Party shall be deemed sufficient to meet the requirements of this Article:
A. A description of the damage sustained or threatened;
B. An identification of the specific Emergency Support ~unction or Functions for
which such assistance is needed;
C. A description of the specific type of assistance needed within each Emergency
Support Function;
D. A description of the types of personnel, equipment, services, and supplies needed
for each specific type of assistance, with an estimate of the time each will be needed;
E. A description of any public infrastructure for which assistance will be needed;
F. A description of any sites or structures outside the territorial jurisdiction of the
Requesting Party' needed as centers to stage incoming personnel, equipment, supplies,
services, or other resources;
6
July 31, 2000
G. The place, date and time for personnel of the Requesting Party to meet and
receive the personnel and equipment of the Assisting Party; and
H. A technical description of any communications or telecommunications equipment
needed to ensure timely communications between the Requesting Party and any Assisting
Parties.
ARTICLE V. Responsibilities of Assistinl? Parties. Each Participating Party shall render
assistance under this Agreement to any Requesting Party to the extent practicable given its personnel,
equipment, resources and capabilities. If a Participating Party which has received a request for
assistance under this Agreement determines that it has the capacity to render some or all of such
assistance, it shall provide the following information to the Requesting Party and shall transmit it
without delay to the Requesting Party and the Division. In providing such information, the Assisting
Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting
Party shall be deemed sufficient to meet the requirements of this Article:
A. A description of the personnel, equipment, supplies and services it has available,
together with a description of the qualifications of any skilled personnel;
B. An estimate of the time such personnel, equipment, supplies, and services will
continue to be available;
7
July 31, 2000
C. An estimate of the time it will take to deliver such personnel, equipment. supplies,
and services at the date, time and place specified by the Requesting Party;
D. A technical description of any communications and telecommunications equip-
ment available for timely communications with the Requesting Party and other Assisting
Parties; and
E. The names of all personnel whom the Assisting Party designates as Supervisors.
ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel,
equipment, supplies, services, or other resources to the place specified by, the Requesting Party, the
Requesting Party shall give specific assigrunents to the Supervisors of the Assisting Party, who shall
be responsible for directing the performance of these assignments. The Assisting Party shall have
authority to direct the manner in which the assignments are performed. In the event of an emergency
that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of
the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days
notice or, if such notice is impracticable, as much notice as is practicable under the circumstances.
A. For operations at the scene of catastrophic and major disasters, the Assisting Party
shall to the fullest extent practicable give its personnel and other resources sufficient equip-
ment and supplies to make them self-sufficient for food, shelter, and operations unless the
Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall
8
July 31, 2000
be responsible to provide food and shelter for the personnel of the Assisting Party unless the
Requesting Party has specified the contrary. In its request for assistance the Requesting Party
may specify that Assisting Parties send only self-sufficient personnel or self-sufficient
resources.
B. Unless the Requesting Party has specified the contrary, the Requesting Party shall
to the fullest extent practicable coordinate all communications between its personnel and
those of any Assisting Parties, and shall determine all frequencies and other technical speci-
fications for all communications and telecommunications equipIl"!-ent to be used.
C. Personnel of the Assisting Party who render assistance under this Agreement shall
receive their usual wages, salaries and other compensation, and shall have all the duties, re-
sponsibilities, immunities, rights, interests and privileges incident to their usual employment.
ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting
Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim-
bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the
following conditions and exceptions:
A. The Department shall pay the costs incurred by. an Assisting Party in responding
to a request that the Department initiates on its own, and not for another Requesting Party,
upon being billed by that Assisting Party in accordance with this Agreement.
9
July 31, 2000
B. An Assisting Party shall bill the Department or other Requesting Party as soon
as practicable, but not later than thirty (30) days after the Period of Assistance has closed.
Upon the request of any of the concerned Participating Parties, the State Coordinating Officer
may extend this deadline for cause.
C. If the Department or the Requesting Party, as the case may be, protests any bill
or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but
in no event later than thirty (30) days after the bill is received. Failure to protest any bill or
billed item in writing within thirty (30) days shall constitute agreement to the bill and the
items on the bill.
D. If the Department protests any bill or item on a bill from an Assisting Party, the
Assisting Party shall have thirty (30) days from the date of protest to present the bill or item
to the original Requesting Party for payment, subject to any protest by the Requesting Party.
E. If the Assisting Party cannot agree with the Department or the Requesting Party,
as the case may be, to the settlement of any protested bill or billed item, the Department, the
Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil-
ity for the protested bill or billed item in accordance with Section F of this Article.
F. If the Department or a Participating Party elects binding arbitration, it may select
as an arbitrator any elected official of another Participating Party or any other official of an-
10
July 31, 2000
other Participating Party whose normal duties include emergency management, and the other
Participating Party shall also select such an official as an.arbitrator, and the arbitrators thus
chosen shall select another such official as a third arbitrator.
G. The three (3) arbitrators shall convene by teleconference orvideoconference with-
in thirty (30) days to consider any documents and any statements or arguments by the Depart-
ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render
a decision in writing not later than ten (10) days after the close of the heanng. The decision
of a majority of the arbitrators shall bind the parties, and shall be,final.
H. If the Requesting Party has not forwarded a request through the Department, or
if an Assisting Party has rendered assistance without being requested to do so by the De-
partment, the Department shall not be liable for the costs of any such assistance. All requests
to the Federal Emergency Management Agency for the reimbursement of costs incurred by
any Participating Party shall be made by and through the Department.
I. If the Federal Emergency Management Agency denies any request for reimburse-
ment of costs which the Department has already advanced to an Assisting Party, the Assisting
Party shall repay such costs to the Department, but the Department may waive such repay-
ment for cause.
11
July 31, 2000
ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting
Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the
fullest extent practic~ble.
A. Employees of the Assisting Party who render assistance under this Agreement
shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any
and all other compensation for mobilization, hours worked, and demobilization. Such
compensation shall include any and all contributions for insurance and retirement, and such
employees shall continue to accumulate seniority at the usual rate.. As between the employ-
ees and the Assisting Party, the employees shall have all the duties, responsibilities, im-
munities, rights, interests and privileges incident to their usual employment. The Requesting
Party shall reimburse the Assisting Party for these costs of employment.
B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the
rental rate established for like equipment by the regulations ofthe Federal Emergency Man-
agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting
Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed
to keep the equipment in a state of operational readiness. Rent for the equipment shall be
deemed to include the cost of fuel and other consumable supplies, maintenance, service,
repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting
12
July 31,2000
Party may provide fuels, conswnable supplies, maintenance, and repair services for such
equipment at the site. In that event, the Requesting Party may deduct the actual costs of such
fuels, conswnable supplies, maintenance, and services from the total costs otherwise payable
to the Assisting Party. If the equipment is damaged while in use under this Agreement and
the Assisting Party receives payment for such damage under any contract of insurance, the
Requesting Party may deduct such payment from any item or items billed by the Assisting
Party for any of the costs for such damage that may otherwise be payable.
C. The Requesting Party shall pay the total costs for the us<;: and consumption of any
and all conswnable supplies delivered by the Assisting Party for the Requesting Party under
this Agreement. In the case of perishable supplies, consumption shall be deemed to include
normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care
in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in
usable condition upon the close of the Period of Assistance, and the Requesting Party may
deduct the cost of such returned supplies from the total costs billed by the Assisting Party for
such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and
all used conswnable supplies with like supplies in usable condition and oflike grade, quality
and quantity within the time allowed for reimbursement WIder this Agreement.
13
July 31, 2000
D. The Assisting Party shall keep records to document all assistance rendered under
this Agreement. Such records shall present .information sufficient to meet the audit re-
quirements specified in the regulations of the Federal Emergency Management Agency and
applicable circulars issued by the Office of Management and Budget. Upon reasonable
notice, the Assisting Party shall make its records available to the Department and the Re-
questing Party for inspection or duplication between 8:00 a.m. and 5 :00 p.m. on all weekdays
other than.official holidays.
ARTICLE IX. Insurance. Each Participating Party shall determin,e for itself what insurance
to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed
to require any Participating Party to procure insurance.
A. Each Participating Party shall procure employers' insurance meeting the require-
ments of the Workers' Compensation Act, as amended, affording coverage for any of its em-
ployees who may be injured while performing any activities under the authority of this
Agreement, and shall file with the Division a certificate issued by the insurer attesting to such
coverage.
B. Any Participating Party that elects additional insurance affording liability cover-
age for any activities that may be performed under the authority of this Agreement shall file
with the Division a certificate issued by the insurer attesting to such coverage.
14
July 31, 2000
C. Any Participating Party that is self-insured with respect to any line or lines of in-
surance shall file with the Division copies of all resolutions in current effect reflecting its
determination to act as a self-insurer.
D. Subject to the limits of such liability insurance as any Participating Party may
elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part,
any immunity any Participating Party may have in any judicial or quasi-judicial proceeding.
E. Each Participating Party which renders assistance under this Agreement shall be
deemed to stand in the relation of an independent contractor to all o~er Participating Parties,
and shall not be deemed to be the agent of any other Participating Party.
F. Nothing in this Agreement shall be construed to relieve any Participating Party
of liability for its own conduct and that of its employees.
G. Nothing in this Agreement shall be construed to obligate any Participating Party
to indemnify any other Participating Party from liability to third parties.
ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere
in this Agreement, all Participating Parties shall be subject to the following requirements in the per-
formance of this Agreement:
A. To the extent that assistance under this Agreement is funded by State funds, the
obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting
15
July 31, 2000
Party under this Agreement is contingent upon an annual appropriation by the Legislature.
B. All bills for reimbursement under this Agreement from State funds shall be sub-
mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such
bills represent costs incurred for travel, such bills shall be submitted in accordance with
applicable requirements for the reimbursement of state employees for travel costs.
C. All Participating Parties shall allow public access to all documents, papers, letters
or other materials subject to the requirements of the Public Records Act, as amended, and
made or received by any Participating Party in conjunction with ~s Agreement.
D. No Participating Party may hire employees in violation of the employment restric-
tions in the Immigration and Nationality Act, as amended.
E. No costs reimbursed under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Legislature of the State of Florida or
any of its agencies.
F. Any communication to the Department or the Division under this Agreement shall
be sent to the Director, Division of Emergency Management, Department of Community
Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-
2100. Any communication to any other Participating Party shall be sent to the official or
officials specified by that Participating Party on Form A attached to this Agreement. For the
16
July 31, 2000
purpose of this Section, any such communication may be sent by the u.s. Mail, may be sent
by the InterNet, or may be faxed.
ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree-
ment shall have the following effect with respect to that Participating Party:
A. The execution of this Agreement by any Participating Party which is a signatory
to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties,
and responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory
to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties,
responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilled.
C. Upon the activation of this Agreement by the Requesting Party, this Agreement
shall supersede any other existing agreement between it and any Assisting Party to the. extent
that the former may be inconsistent with the latter.
17
July 31, 2000
D. Unless superseded by the execution of this Agreement in accordance with Section
A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to
have legal existence after June 30, 2001.
E. Upon its execution by any Participating Party, this Agreement will continue in
effect for one (1) year from its date of execution by that Participating Party, and it shall be
automatically renewed one (1) year after its execution unless within sixty (60) days before
that date the Participating Party notifies the Department in writing of its intent to withdraw
from the Agreement.
F. The Department shall transmit any amendment to this Agreement by sending the
amendment to all Participating Parties not later than five (5) days after its execution by the
Department. Such amendment shall take effect not later than sixty (60) days after the date
of its execution by the Department, and shaH then be binding on all Participating Parties.
Notwithstanding the preceding sentence, any Participating Party who objects to the amend-
ment may withdraw from the Agreement by notifying the Department in writing of its intent
to do so within that time in accordance with Section E of this Article.
ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli-
cation of this Agreement shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under this
18
July 31, 2000
Agreement are not independent, but dependent.
B. Time shall be of the essence of this Agreement, and of the performance of all
conditions, obligations, duties, responsibilities and promises under it.
C. This Agreement states all the conditions, obligations, duties, responsibilities and
promises of the Participating Parties with respect to the subject of this Agreement, and there
are no conditions, obligations, duties, responsibilities or promises other than those expressed
in this Agreement.
D. If any sentence, clause, phrase, or other portion of thi~ Agreement is ruled un-
enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement
shall remain in full force and effect, it being the intent of the Department and the other Par-
ticipating Parties that every portion of the Agreement shall be severable from every other
portion to the fullest extent practicable.
E. The waiver of any obligation or condition in this Agreement in any instance by
a Participating Party shall not be construed as a waiver of that obligation or condition in the
same instance, or of any other obligation or condition in that or any other instance.
19
July 31, 2000
IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on
the date specified below:
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
Director
ATTEST:
CLERK OF THE CIRCUIT COURT
By:
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF COUNTY
STATE OF FLORIDA
By:
Chairman
Date:
Approved as to Form:
By:
County Attorney
20
July 31, 2000
DIVISION OF EMERGENCY MANAGEMENT
DEP ARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
Director
21
Date:
By:
CITY OF
STATE
Title: MAYOR
October 23, 2000
Date:
Approved as to Form:
July 31,2000
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
Director
DISTRICT,
STATE OF FLORIDA
By:
Title:
Date:
By:
Title:
Date:
Approved as to Form:
By:
Attorney for District
22
July 31,2000
STA TEWIDE MUTUAL AID AGREEMENT
FORM A
Date: December 08,2000
Name of Government:
Mailing Address:
City, State, Zip:
City of Winter Springs
1126 East SR 434
Winter Springs, Fl
32708
Authorized Representatives to Contact for Emergency Assistance:
PrimarY Representative
Name:
Title:
Address:
Timothy J. La11athin
Fire Chief
102 North Moss Road, Winter Springs, FL 32708
Day Phone: 407 -327 -2332
Telecopier: 407-327 -4750
InterNet: t 1 a 11 a th i n@wi nterspri no sf 1. org
First Alternate Representative
Name: David O'Brien
Title: Deputy Fire Chief
Address: 102 North Moss Road, Wi nter Spri ngs I FI :i?70R
Day Phone: 407-327-2332
Telecopier: 407-327 -4750 InterNet: dobri en@wintersprinqsfl.oro
Second Alternate Representative
Name:
Robert Beck
Traininq Chief
Title:
Address: 102 North Moss Road, Wi nter Spri nqs. FL 32708
Day Phone: 407-327-2332
Telecopier: 407-327 -4750 InterNet: bbeck@wintersprinqsfl.ora
PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR
Return lo:Depanment of Community Affairs-Division of Emergency Management
2555 Shumard Oak Boulevard - Tallahassee. Florida 32399-2100
23
July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
Date:
Name of Requesting Party:
Contact Official for Requesting Party:
Name:
Telephone:
InterNet:
1. Description of Damage:
2. Emergency Support Functions:
3. Types of Assistance Needed:
24
#
July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
4. Types of Resources Needed:
5, Description of Infrastructure:
6. Description of Staging Facilities:
7. Description of Telecommunications Resources:
25
July 31, 2000
STATEWIDE MUTIJAL AID AGREEMENT
Form B
8. Time, Place and Date to Deliver Resources:
9. Names of Supervisors for Requesting Party:
26
July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form C
Date:
Name of Assisting Party:
Contact Official for Assisting Party:
Name:
Telephone:
InterNet:
1. Description of Resources:
2, Estimated Time Resources Available:
27
July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form C
3. Estimated Time and Date to Deliver Resources:
4. Description of Telecommunications Resources:
5. Names of Supervisors for Assisting Party:
28
July 31,2000
STATEWIDE MUTUAL AID AGREEMENT
FORM A
Date: December 08,2000
Name of Government: City of Winter Springs
Mailing Address: 1126 East SR 434
City, State, Zip:
Winter Springs, Fl
32708
Authorized Representatives to Contact for Emergency Assistance:
Primarv Reoresentative
Name: Timothy J. Lallathin
Title: Fire Chief
Address: 102 North Moss Road, Wi nter Spri ngs, FL 32708
Day Phone: 407-327-2332
Telecopier: 407-327-4750 InterNet: tlallathin@winterspringsfl.org
First Alternate Representative
Name: David O'Brien
Title: Deputy Fire Chief
Address: 102 North Moss Road, Winter Springs, FI :!?7()R
Day Phone: 407-327-2332
Telecopier: 407 -327 -4750 InterNet: dobri en@wintersprinQsfl. orq
Second Alternate Reoresentative
Name:
Robert Beck
Title: TraininQ Chief
Address: 102 North Moss Road, Winter SprinQs. FL 32708
Day Phone: 407 -327 -2332
Telecopier: 407 -327 -4750 InterNet: bbeck@wi nterspr i nQsfl. orq
PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR
Rerum to:Depanment of Community Affairs-Division of Emergency Management
2555 Shumard Oak Boulevard - Tallahassee. Florida 32399-2100
23
ACORD", INSURANCE BINDER I DATE
11/27 /2000
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER I PHONE (407)331-4400 COMPANY I BINDER ~ ,
INC No Extl:
FAX (407)331-4800 Coregis Insurance COflllany BOO112702568
Risk Management Associates EFFECTIVE EXPIRA TION
DATE TIME DATE TIME ,
P. O. Box 161507 ~ AM 12/30/2000 -1 ,~~., ~ ,~l
Altamonte Springs, 11/30/2000 12:01 --. . ....j
FL 32716 PM NOON i
I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: I SUB CODE: PER EXPIRING POLlCY~:
~3~~g~ER ID()0001l06 DESCRIPTiON OF OPERATIONSlVEHICLESlPROPERTY (Including Loc~t1on)
INSURED
City of Winter Springs per schedules on file with insurance company
1126 East SR 434
Winter Springs, FL 32708
I
COVERAGES
LIMITS
TYPE OF INSURANCE CDVERAGElFORMS DEDUCTIBLE COINS % AMOUNT
PROPERTY CAUSES OF LOSS
I--- D BROAD 0 SPEC I,OOC N
BASIC Blanket Buildings & Contents - RC 14,775,997
'--
- Equipment Breakdown I,OOC 14,775,997
GENERAL LIABILITY EACH OCCURRENCE S 2,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000
I CLAIMS MADE o OCCUR Includes Law Enforcement & EBL MED EXP (Anyone person) $ 5,000
- PERSONAL & ADV INJURY S Included
X $25,000 Deductible GENERAL AGGREGATE s 5,000,000
- Included
RETRO DATE FOR CLAIMS MADE: PRODUCTS. COMP/OP AGG S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 2,000,000
X ANY AUTO BODILY INJURY (Per person) S
-
ALL OWNED AUTOS Hired & Non-Owned Physcial Damage BODILY INJURY (Per acddenl) S
-
- SCHEDULED AUTOS PROPERTY DAMAGE S
X HIRED AUTOS MEDICAL PAYMENTS S
f0-
X NON.OWNED AUTOS PERSONAL INJURY PROT S STATUTORY
I-
UNINSURED MOTORIST S 30,000
7 $25,000 Deductible s
AUTO PHYSICAL DAMAGE DEDUCTiBLE U ALL VEHICLES ~ SCHEDULED VEHICLES ACTUAL CASH VALUE
~ COLLISION: 500 STATED AMOUNT S
--'
X OTHER THAN COL: 500 OTHER
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
I--
ANY AUTO OTHER THAN AUTO ONL Y:
I---
EACH ACCIDENT $
-
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $
=1 UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF. INSURED RETENTION $
I WC STATUTORY LIMITS
WORKER'S COMPENSATION E.L. EACH ACCIDENT $
AND
EMPLOYER'S LIABILITY E.L. DISEASE. EA EMPLOYEE S
E.L. DISEASE. POLICY LIMIT S
SPECIAL 1M Contractor Mobile Equip $538,421; EDP $553,333 W/$I,OOO Oed FEES $
CONDITIONSI Crime Employee Dishonesty $50,000; Theft $10,000 in/out s
OTHER TAXES
COVERAGES with $500 Oed
ESTiMATED TOTAL PREMIUM $
NAME & ADDRESS
MORTGAGEE
LOSS PAYEe
LOAN #
ADDITIONAL INSURED
AUTHORIZED REPRESENTATiVE
fd/4
@ACORD CORPORATION 1993
ACORD 75-S (1/98)
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE
"DRDT>< INSURANCE BINDER ~r ll/;;i~ooo
BINDER IS A TEMPORARY INSURANCE CONTRACT SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM
,
,DUCER I PHONE (407)331-4400 COMPANY IIBINDER ·
fNC No ExU: National Union Fire Ins. Co. BOO112702569
FAX (407)331-4800
Risk Management Associates EFFECTIVE EXPIRATION
DATE TIME DATE TIME
P. O. Box 161507 11/30/2000 12:01 M AM 12/30/2000 ~ 12:01 AM
Altamonte Springs, FL 32716 PM NOON
I THIS BINDER IS ISSUED TO EXTE~m COVERAGE IN THE ABOVE NAMED COMPANY
CODE: I SUB CODE: PER EXPIRING POLICY #:
~3~~8~ER 1090001106 DESCRIPTION OF OPERATIONSNEHICLESlPROPERTY (Including LotoUon)
INSURED
City of Winter Springs per schedules on file with insurance cOl11'any
1126 East SR 434
Winter Springs, FL 32708
I
COVERAGES
LIMITS
TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS .h AMOUNT
PROPERTY CAUSES OF LOSS
:- D BROAD D SPEC
i- BASIC
,
;-
!
, GENERAL LIABILITY EACH OCCURRENCE S
i-
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) S
i I CLAIMS MADE o OCCUR MED EX? (Anyone person) S
PERSONAL & ADV INJURY S
-
GENERAL AGGREGATE S
-
RETRO DATE FOR CLAIMS MADE: PRODUCTS. COMP/OP AGG S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S
I--
ANY AUTO BODILY INJURY (Per person) S
I--
ALL OWNED AUTOS BODILY INJURY (Per accident) S
f-
SCHEDULED AUTOS PROPERTY DAMAGE $
1:= HIRED AUTOS MEDICAL PAYMENTS S
I NON-0WNED AUTOS PERSONAL INJURY PROT S
!~ UNINSURED MOTORIST $
!-
I S
AUTO PHYSICAL DAMAGE DEDUCTIBLE U ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE
~ COLLISION: STATED AMOUNT S
OTHER THAN COL: OTHER
I GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S
I-- ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE S
~ UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF.INSURED RETENTION S
I WC STATUTORY LIMITS
! WORKER'S COMPENSATION E.L. EACH ACCIDENT $
: AND
EMPLOYER'S LIABILITY E.L. DISEASE. EA EMPLOYEE S
I E.L. DISEASE. POLICY LIMIT S
. SPECIAL FEES S
. CONDITIONS! Public Official s Li abil i ty $1,000,000 limit/aggr w/$100,OOO Oed
. OTHER TAXES S
I COVERAGES ESTIMATED TOTAL PREMIUM S
NAME & ADDRESS
MORTGAGEE
LOSS PAYEE
LOAN #
ADDITIONAL INSURED
AUTHORIZED REPRESENTATIVE
~~/~
I
@ACORD CORPORATION 1993
ACORD 75-S (1/98)
NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE