HomeMy WebLinkAboutDocumentation_Regular_Tab 04K_11/16/2000 . � G�
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MEMORANDUM
TO: MICHAEL COUZZO, VILLAGE MAN ER
FROM: JAMES M. WEINAND, FIRE CHI
DATE: NOVEMBER 6, 2000
SUBJECT: REVISED STATEWIDE MUTUAL AID AGREEMENT
Attached you will find a new Statewide Mutual Aid Agreement. The Department of
Community Affairs has asked all municipalities, county governments, and independent
taxing districts to execute this revised agreement. The Statewide Mutual Aid Agreement
gives local governments the authority to provide and to request assistance during a major
or a catastrophic disaster situation, when the local government does not have the
sufficient resources to meet the specific disaster. This document denotes the cost and
responsibilities associated with requesting or providing mutual aid under this agreement,
and further provides a framework for dispute resolution, if any.
This agreement is for all functions of local government, such as public works, police
protection, fire suppression, EMS, etc. This agreement replaces the current Statewide
Mutual Aid Agreement, which Tequesta is a signature of. The major differences between
the existing agreement and the proposed agreement are outlined on the second page of the
Department of Community Affairs' letter, dated September 13, 2000.
I recommend this agreement be forwarded to the Village Council for their consideration
and approval at their November 16, 2000 Council Meeting. This agreement has been
reviewed by John C. Randolph for legal form and sufficiency.
If you have any questions or concerns on this matter, please do not hesitate to contact me.
Attachment
To��s
FOS�,R Flagler Center Tower, Suite 1100 Mailing Address
j OHNSTON 505 South Flagler Drive Post Office Box 3475
Q� C`�7 TQ� P� West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475
C�� J 1 Vli Telephone (561) 659-3000 Facsimile (561) 832-1454
Attorneys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650-0458
E-mail: jrandolph@jones-foster.com "��`� � °°�°�y
Fi�?�, �r�:c ��`�� �
NOV Q 1 . _ �
2000 �
September 27, 2000
A l�lv?�P�JiSTnArlC? N
James M. Weinand, Fire Chief
Village of Tequesta
Department of Fire-Rescue
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
New Statewide Mutual Aid Agreement
Our File No. 13153.1
Dear Chief Weinand: �
I have reviewed the above referenced agreement and hereby approve same as to legal form and
sufficiency.
Sincerely,
JONES, FO TER, JOHNSTON & STUBBS, P.A.
,
Jo C. Randolph
JCR/ssm
Enclosure
TE UESTA FIRE-RESCUE
. Q
Phone: (561) 575-6250 • Fax: (561) 575-6239 James M. Weinand, Fire Chief
September 21, 2000 _
��;�-'ut_�
John C. Randolph
Jones, Foster, Johnston & Stubbs , _ °�• � : . _
PO Box 3475 '
West Palm Beach, FL 33402-3475 � �
RE: New Statewide Mutual Aid Agreement
Dear Skip:
Attached you will find a New Statewide Mutual Aid Agreem�nt which has been
presented by the Department of Community Affairs. They have asked the local and
regional government agencies to sign this document prior to June 30`�', 2001. I anticipate
presenting this item to the Village Council in November for their consideration.
Please review this document for legal form and sufficiency and denote any areas that
might have adverse effects on the Village of Tec�u�sta. .: -
. Please provide these comments to me in writing prior to October 19' 2000, so we will
have sufficient time to place this matter on the agenda.
If you have any questions nc s, please do not hesitate to contact me.
Sincerely,
ames M. Weinand
Fire Chief
Attachment
Cc: Joann Manganiello, Acting Village Manager
Post Office Box 3273 • 357 Tequesta Drive • Tequesta, Florida 33469-0273
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5 7 A T E O F F L O R I D A A��
DEPARTMENT OF COMMUNITY AFFAtRS___
"Dedicated to making Florida a better place to call home"
JEB BUSH STEVEN M. SEIBERT
Governor Secretary
September 13, 2000
y
MEMORANDUM � a
TO: All Political Subdivisions
= ��.� �- ..,.. .
- - FROM: Jose F. Myers, Director � .' _ - .— --- - - - _-
Division of Emergency �Management
SUBJECT: Execution of the Ne�r.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, req�ests for
assistance will be made to the State. If the disaster exceeds the State's ability �o 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 coordinat� the use of available -'� �
resources within the State and to ensure faster reimbursements. Utilizing mutual aid agreements,
regardless of the fiuiding sources, is the best way to supplement emergency assistance to protect
the health and safety of the residents located within the impacted azea and is cost effective.
The Statewide Mutual Aid Agreement was revised due to lessons learned from problems
which azose since its inception in 1994. The Division of Emergency Management has replaced
the previous Statewide Mutual Aid Agreement, dated Apri127, 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 Apri127, 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 • 7ALLAHASSEE, FLORIDA 3 23 9 9 -2 5 00
Phone: 8�0.488.8466/Suncom 278.8466 FAX: 8�0.921.0787/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRIrICAL S�ATE CONCERN FIELD OFFICE COM1vtUNITY PLANNING EMERGE'�GY SLI�AGE.I4ENT HOUSttvG & CO,N6IUNITY DEVEIOPAtEYT
27'16 Ovcncas H�ghwdy, Surtc 21' 2�ii Shumard Oak Boui��varJ Ziii Shumard Oa� 8o�levard 255i Shumard Oak Bou�rvard
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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 S�atewide Mutual Aid
Agreement, acknowledging the acceptance of the new terms and parties_ With the addition of the
900 plus Independent Special Districts, i.e., (�,'ommunity College Districts, Scl;oot Districts,
Soil and Water Conservation Districts, Reedy Creek Improvement District, Special Fire �
� � Contro! l.listricts, Fire and Rescue Dist�icts, MQSquito Contt�ol Dis�rtcts, Water Management � '�-
Districts, Water and Sewer Districts, Water Controt 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 aze:
• 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 violatinu of the employment
restrictions in the Immigration and Nationality Act, as amended.
-• The new Statewide Mutual Aid Agreement also provides for the followin� __ .�, -
.
• The execution of the new Agreement by any Participating Party, which is a
signatory to the Sta.tewide Mutual Aid Agreement of 1994, will terminate the -� -
rights, interests, duties, responsibilities and obligations of that Participating Party
under that Agreement, but such temunation 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 yeaz 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.
t
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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 �
y � under that Agreement, but such ternunation will not affect the liability of the
Participating Party for the reimbursement of any cost due under that agreement,
regazdless of whether billed or unbilled. �
• Unless superseded by the execution of this Agreement in accordance with
-, Section A; Article XI, the Statewide Mutual Aid Agreement of 1994 shall
- - ternunate and cease to have legal �xistence afterJune �6; 2001. - ` -'
In order to become a party to the attached Statewide Mutual Aid Agreement, submission
of your signed agreement must inciude the following:
1. A separate completed copy of Form A(Authorized Representatives Contact) for
the c,unty, municipalities, and a11 independent special districts. •
2. A Resolution or a copy of ineeting 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 -
RESOLUTION NO. 6-00/O1
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING THE VILLAGE TO ENTER INTO
A STATEWIDE MUTUAL AID AGREEMENT WITH THE
STATE OF FLORIDA AND OTHER MUNICIPALITIES AND
COUN'PIES WITHIN THE STATE AND AUTHORIZING THE
VILLAGE M1�NAGER TO EXECUTE THE APPLICABLE
AGREEMENT ON BEHALF OF THE VILLAGE.
WHEREAS, Chapter 252, Florida Statues, authorizes the
Village of Tequesta to enter into mutual aid agreements
for reciprocal emergency aid and assistance in
emergencies too extensive to be dealt with unassisted;
and
WHEREAS, the Village Council of the Village of Tequesta
deems it necessary and desirable and consistent with the
best interests of the citizens and residents of the
Village of Tequesta to enter into a Statewide Mutual Aid
Agreement with the State of Florida, Division of
Emergency Management and with each political subdivision
of the State entering into this agreement.
NOTnI, THEREFORE, be it resolved by the Village Council of
the Village of Tequesta, Palm Beach County, Florida as
follows:
Section 1. The Village of Tequesta hereby adopts the
Statewide Mutual Aid Agreement for Catastrophic Disaster
Response and Recov,ery. A copy of the Agreement is
attached hereto, marked Exhibit " A" and made a part
hereof .
Section 2. The Village Ntayor is hereby authorized to sign
and execute said agreement for and on behalf of the
Village of Tequesta, and the Village Clerk shall attest
and affix thereto the Village Seal.
Section 3. The Village Manager is hereby authorized to do
all things necessary to carry out the purpose and intent
of this Resolution. '
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The
motion was seconded by Councilmember
, and upon being put to a vote, the
vote was as follows:
FOR ADOPTION AGAINST ADOPTI�N
The Mayor Thereupon declared the Resolution duly passed
and adopted this 16 day of November, 2000.
Mayor of Tequesta
' Joseph N. Capretta
ATTEST:
Joann Manganiello
Village Clerk
� � July 31, 2000
EXHIBIT "A"
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STATEWIDE MUTUAL AID AGREEMENT
This Agreement between the DEPART'MENT OF COMMU1vITY AFFAIRS, State ofFlorida
(the "Department"), and a11 the local govemments signing this Agreement (the "Participating Par-
ties") is based on the existence of the following conditions:
A. The State of �'lorida 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 deiiver those
services.
B. Such disasters are iikel� to exceed the capability of any one local government to cope
with the disaster with existing res�urces.
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 governments of the State
the authority to make agreements for mutuai 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 authoiiiy to coordinate assistance between local governments during emergencies
and to concentrate available resources where needed.
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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 f:ollowing 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 Af�airs, Sta.te 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 aze Participating Parties who render
assistance in a disaster to a Requesting Party.
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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 desig�ates by
Executive Order to act for the Govemor 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 Pariy 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 nile, ordinance, resolution, or
interlocal agreement.
L. An "educational district" is any School District within the meaning of § 230.01,
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Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1),
Fla. Stat. (1999).
M.. An "interlocal agreement" is any agreement between local governments within
the meaning of § 163.01(3)(a), Fla. Stat. (1999).
_ N. A"local govemment" is any educational district and any entity that is a"local
governmental entity" within the meaning of § 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 Act, as amended. -�� °°
ARTICLE II. Applicabilitv of the A�reement. A Participating Parry may request assistance -
under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other =
muival aid agreement that covers a minor disaster, it may also invoke assistance under this Agree-
ment for a minor disaster.
ARTICLE 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 fivc (5)
days must be confirmed in writing by the Director of Emergency Management for the County
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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 Mana.gement 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 Pariy
and Assisting Party shall keep the Division advised of their activities.
G. �f any requests assistance under this Agreement are submitted to the Division,
the Division shall relay the request to such other Participating Parties as it may deem ap-
�
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 aze 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 reunbursement of all such costs shall be rendered in
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accordance with the Comprehensive Emergency Management Plan.
ARTICLE IV. Responsibilities of Reguesting 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 or�� specific Emergency Support Function 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;
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G. The place, date and time for personnel of the Requesting Parry 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 Pariy and any Assisting
Parties.
- ARTICLE V. Resnonsibilities of Assistin 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 Partieipating �a� 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 Re4uesting 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 ava.ilable,
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;
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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 Pariy designates as Supervisors.
ARTICLE VI. Rendition ofAssistance. After the Assisting Party has delivered its personnel,
equipment, supplies, services, or other resources to the place specified by the Reques�ing Party, the
Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who sha11
be responsible for directing the performance of these assignments. The Assistin� 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, suppiies, services and other resources of
the Assisting Party shall be subject to recall by the Assisting Pariy 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 maj or 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, shel�er, and operations unless the
Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall
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be responsible to provide food and shelter for the personnel of the Assisting Pariy 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-su�cient
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 equipment to be used. �--
C. Personnel ofthe 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 withthe 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.
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B. An Assisting Pariy 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 ofthe concemed 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
bili�d-iieFn 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 azbitrator any elected official of another Participating Party or any other official of an-
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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 azbitrators thus
chosen shall select another such official as a tliird azbitrator.
G. The three (3) arbitrators shall convene by teleconference or videoconference with-
in thirty (30) days to consider any documents and an� statements or azguments by the Depart-
ment, the Requesting Party, or the Assisting Party conceming the protest, and shall render
a decision in writing not later than ten (10) days after the close of the hearing. The decision
� of a majority o#'the arbitrat�r� 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.
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ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting
Pariy under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the
fullest extent practicable.
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 �tie 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 of the 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
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Pariy may provide fuels, consumable 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, consumable 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
Pariy for any of the costs for such damage that may otherwise be payable.
C. The Requesting Party shall pay the total costs for the use and consumption of any
and all consumable supplies delivered by the Assisting Parry for the Requesting Pariy 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 caze
in its storage and use. Supplies remaining unused shall be returned to the Assisting Pa.rty 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 Parry agrees, the Requesting Party may also replace any and
all used consumable supplies with like supplies in usable condition and of like grade, quality
and quantity within the time allowed for reimbursement uzider this Agreement.
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D. The Assisting Party shail keep records to document all assistance rendered under
this Agreement. Such records shall present .infvrmation sufficient to meet the audit re-
quirements specified in the regulations of the Federal Emergency Management Agency and
applicable circulars issued by the O�ce 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 Patty shall determine 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 pracure insurance.
A. Each Participating Pariy 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.
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� � 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 Pazticipating Party which renders assistance under this Agreement shall be .
de�r�:ed to stand in the relation of an independent contractor to all other 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
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� � 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 suff'icient for a proper preaudit and post audit thereof. To the extent that such
bills represent costs incurred�f,or 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 Part:cipating Party in conjunction with this 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 Shumazd 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 atta.ched to this Agreement. For the
l6
� � 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 Parly, this Agree-
ment shall have the following effect with respect to that Participating Pariy:
A. The execution of this Agreement by any Participating Pariy which is a signatory
to the Statewide Mutual Aid Agreement of 1994 sha11 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 I�articipating Party for the reimbursement of
any costs due under that agreement, regazdless 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 inconsisteni with the latter.
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� � � July 31, 2000
�
D. Unless superseded by the execution ofthis 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 shall 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 witlun that time in accordance with Section E of this Article.
ARTICLE XII. Interpreta.tion and Application of A�reement. The interpreta.tion 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
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� � 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 this Agreement is ruled un-
enforceable or invalid, every other sentence, clause, phrase or otherportion of the Agreement
shall remain in full force and effect, it being the intent of the Department and the other Paz-
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.
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� � July 31, 2000
�
1N 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� Date:
Director
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK OF THE CIRCUIT COURT OF COUNTY
STATE OF FLORIDA
sy: By _
Deputy Clerk Chairman
� . Date:
Approved as to Form:
By:
County Attorney
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� � July 31, 2000
�
DIVISION OF EMERGENCY MANAGEMENT
, DEPARTMENT OF COMMU1vITY AFFAIRS
STATE OF FLORIDA
BY� Date:
Director
ATTEST: CITY OF
CITY CLERK STATE OF FLORIDA
By' B
Title: Title: .
Date:
- - Approved as to Form:
By:
City Attorney
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� � July 31, 2000
�
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF CONIMLTNITY AFFAIRS
STATE OF FLORIDA
BY� Date:
Director
DISTRICT,
STATE OF FLORIDA
By: By:
Title: � Title:
Date:
Approved as to Form:
B
Attorney for District
?2
� � July 31, 2000
�
STATEWIDE MUTUAL AID AGREEMENT �
FORM A
Date:
Name of Government_
Mailing Address:
City, State, Zip:
Authorized Representatives to Contact for Emergency Assistance:
Primarv Representative
Name:
Title:
Address:
Day Phone: Night Phone:
Telecopier: InterNet:
First Alternate Representative
Name:
Title:
Address:
Day Phone: Night Phone:
Telecopier: InterNet:
Second Alternate Representative
Name:
Title:
Address:
Day Phone: Night Phone:
Telecopier: InterNet:
PLF4SE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR
Return to:Departrnent of Community Affairs-Division of Emergency Management
2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100
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� � 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:
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� � July 31, 2000
�
STATEWIDE MUTUAL AID AGREEMENT
Form B
4. Types of Resources Needed:
5. Description of inirastructure:
6. Description of Staging Facilities:
7. Description of Telecommunications Resources: �
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� � July 31, 2000
�
STATEWIDE MUTIJAL AID AGREEMENT
Form B
8. Time, Place and Date to Deliver Resources:
9. Names of Supervisors for Requesting Party:
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� � July 31, 2000
�
STATEWIDE MUTUAL AID AGREEMENT
Form C
Date:
Name of Assisting Party:
Contact Off cial for Assisting Party:
Name:
Telephone:
InterNet:
1. Description of Resources :
2. Estimated Time Resources Available:
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� � July 31, 2000
�
STATEWIDE MLJTUAL AID AGREEMENT
Form C
3. Estimated Time and Date to Deliver Resources:
4. Description of Telecommunicafions Resources:
5. Names of Supervisors for Assisting Party:
28