HomeMy Public PortalAboutPrior Yr Agreementsv ✓6'
Town Commission -Regular Meeting &
Public Hearing -November 9, 2000
page 6
These dates were noted and the Town Manager advised that the hearing
scheduled for December 21st would most likely be cancelled as there are
no applications pending.
D. Construction in Progress Report
Mayor Koch called attention to the Construction in Progress Report and
there were no questions regarding the Report.
E. Fire Rescue Annual Report
This report from the City of Delray Beach was made a matter of record.
F. Finance Director
1. Financial Report for October 2000
William Thrasher, Finance Director, reported that everything is as
expected for this time of the year and he asked that the report be
approved as submitted.
Commissioner Lynch moved and Commissioner Hopkins seconded that the
report be approved as submitted. Roll Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
G. Police Chief
1. Activity for October 2000
Police Chief Garrett Ward report the Police Activity for the month of
October and had nothing additional to add.
IX. Items for Commission Action.
A. Execution of State Mutual Aid Agreement
Commissioner Lynch moved and Commissioner Hopkins seconded that the
State Mutual Aid Agreement be adopted and that the Mayor and Town Clerk
be authorized to execute same. Roll. Call: Comm. Orthwein; AYE, Comm.
Devitt; AYE, Comm. Lynch; AYE, Comm. Hopkins; AYE, and Mayor Koch; AYE.
B. ARPB Appointment for an alternate member position
After a suggestion made by the Mayor, Commissioner Hopkins moved to
appoint Anne Strawn as the Alternate Member on the Architectural Review
and Planning Board and Commissioner Lynch seconded the motion. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
C. Year-end Budget Transfers
1. RESOLUTION NO. 00-4; A Resolution of the Town Commission
of the.Town of Gulf Stream, Florida providing for the
Appropriations of Budget Revenues and Expenditures in the
General Fund; providing an effective date.
The Town Clerk read Resolution No. 00-4 and Commissioner Devitt moved
adoption of same with Commissioner Lynch seconding the motion. Roll
Call: Comm. Orthwein; AYE, Comm. Devitt; AYE, Comm. Lynch; AYE, Comm.
Hopkins; AYE, and Mayor Koch; AYE.
Clerk's Certificate
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) ss
TOWN OF BRINY BREEZES)
I. Rita L. Taylor, hereby certify that I am the
duly appointed and acting Town Clerk of the Town of
Gulf Stream, Florida; that the foregoing is a true and
correct except from the Minutes of the Regular Meeting
of the Town Commission held on November 9, 2000, the
original of which is on file in the Office of the Town
Clerk of the Town of Gulf Stream, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said Town, this 21st day
of November A.D. 2000.
(SEAL)
'Rita L. Taylor
Town Clerk
File Copy
INTEROFFICE COMMUNICATION f-Zv
DIVISION OF EMERGENCY MANAGEMENT
UMI Adr-�•
— /C
TO: All
unicip t'iies,, ESF's, and Independent Special Districts
FROM: ne et enngt n, assistant Director
Division of Emergency Management
SUBJECT: Review and comment on draft of new Statewide Mutual Aid Agreement (SMAA)
DATE: June 14, 2000
Attached is a draft copy of the new Statewide Mutual Aid Agreement (SMAA). Please review the
draft, and return comments or concerns you may have by the close of business Tuesday, June 27,
2000 to facsimile number 561-712-6464 or by mail to Palm Beach County Division of Emergency
Management, 20 S. Military Trail, West Palm Beach, FL. 33415.
The State ofFlorida, Department of Community Affairs has recognized the need to include all public
entities that are responsible for emergency management activities during disasters, or that may need
assistance in responding to disasters, in this Agreement, and values your input into this issue. All
Municipalities, Independent Special Districts, and Public Entities will be asked to sign the new SMAA
in the near future, so please take this opportunity to voice your thoughts. Should questions arise
regarding the Agreement, please call me, Helene Wetherington, at 561-712-76320.
UWP �t
Statewide Mutual Aid Agreement
EXECUTIVE SUMMARY
When the Counties and Municipalities signed the original Statewide Mutual Aid Agreement (April
1994), the Independent Special Districts were omitted from the Statewide Mutual Aid Agreement System.
Despite the omission of the special districts from the original agreement, many districts have responded to
requests during past disasters. Adding the special districts as a party to the Statewide Mutual Aid
Agreement is a significant substantive change from the original agreement, and will require all Counties,
Municipalities and Independent Special Districts to sign the new Statewide Mutual Aid Agreement, to
acknowledge acceptance of the new terms and parties. With the addition of the 234 Independent Special
Districts, i.e., (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 when conducting disaster related activities. Some of the major
differences in the new Statewide Mutual Aid Agreement are:
1. There is no modification to sign along with the new agreement as before.
2. Includes governmental entities of every description.
3. Makes use of binding arbitration to settle billing disputes between parties.
4. No Participating Party may hire employees in violation of the employment restrictions in
the Immigration and Nationality Act, as amended.
5. 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.
6. The Statewide Mutual Aid Agreement of 1994 will continue to be in effect for one year
from its date of execution by Participating Party, and it shall be automatically renewed one
year after its execution unless within sixty days before that date the Participating Party
notifies the Department in writing of its intent to withdraw from the Agreement.
7. The execution of this agreement by any Participating Party which is a signatory to the
Public Works Mutual Aid Agreement shall terminate the rights, interest, 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 cost due under that agreement, regardless of whether billed or unbilled.
8. Unless superseded by the execution of this Agreement in accordance with Section A of
Article XI, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have
legal existence after June 30, 2001.
May 18, 2000
STATEWIDE MUTUAL AID AGREEMENT
This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of
Florida (the "Department"), and all the local governments signing this Agreement (the
"Participating Parties") 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 anyone local 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 governments 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 authority to coordinate assistance between local governments during
emergencies and to concentrate available resources where needed.
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:
DQa[ 7
ARTICLE I. Definitions. As used in this Agreement, the following expressions shall
have the following meanings:
A. The "Agreement" is this Agreement, which also maybe 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.
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 "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.
I. 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.
J. A "special district" is any local or regional governmental entity which is an
independent 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.
K. An "educational district' is any School District within the meaning of §
230.01, Fla. Stat. (1999), or any Community College District within the meaning of §
240.313(1), Fla. Stat. (1999).
L. An "interlocal agreement' is any agreement between local governments
within the meaning of § 163.01(3)(a), Fla. Stat. (1999).
M. A "local government' is any educational district and any entity that is a
"local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999).
N. Any expressions not assigned definitions elsewhere in this Agreement shall
have the definitions assigned them by the Emergency Management Act, as amended.
ARTICLE II. Applicability of the Agreement. A Participating Party may request
assistance under this Agreem.mt only for a major or catastrophic disaster unless the
Participating Party has no mutual aid agreement with any local govemment. If the Participating
Party has no such agreement, it may also invoke assistance under this Agreement for a minor
disaster.
ARTICLE III. Invocation of the Aereement. 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.
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DMI[V
A. Any request for assistance under this Agreement maybe oral, but within five
(5) days must be confirmed in writing by the Director of Emergency Management for
the County 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
Division 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 submitted to the
Division, the Division shall relay the request to such other Participating Parties as it may
deem appropriate, and shall coordinate the activities of the Assisting Parties so as to
ensure timely assistance to the Requesting Party.
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, equipment, 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.
ARTICLEIV. Responsibilities ofRequestingParties. All Requesting 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
C!
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 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;
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 Assisting 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
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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 require-
ments 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;
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
equipment 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 assignments 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
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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 equipment 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 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 specifications for all communications and telecommunications
equipment 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, responsibilities, immunities, rights, interests and privileges incidentto 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 reimbursement of costs incurred under this Agreement shall rest with the Requesting Party,
subject to the following conditions and exceptions:
A. Subject to the appropriation of adequate funding by the Legislature, the De -
7
partment 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.
B. An Assisting Party shall bill the 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 Officermay
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 liability 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
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official of another 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 or videoconference
within thirty (30) days to consider any documents and any statements or arguments by
the Department, 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
hearing. 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
Department, 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
reimbursement of costs which the Department has already advanced to an Assisting
Party, the Assisting Party shall repay such costs to the Department.
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 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,
W
salaries, and any and all other compensation, including any and all contributions for
insurance and retirement, and shall continue to accumulate seniority at the usual rate.
As between the employees and the Assisting Party, the employees shall have all the
duties, responsibilities, immunities, 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 Management 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. If operational
circumstances dictate, the Requesting Party at its option may provide fuels, consumable
supplies, maintenance, and repair services for the 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 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 use and consumption
of any and all consumable supplies delivered by the Assisting Party for the Requesting
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M M N [ V
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 consumable supplies
with like supplies in usable condition and of like grade, quality and quantity within the
time allowed for reimbursement under this Agreement.
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 Requesting 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 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 procure insurance.
A. Each Participating Party shall procure employers' insurance meeting the
requirements of the Workers' Compensation Act, as amended, affording coverage for
any of its employees 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
11
insurer attesting to such coverage.
B. Any Participating Party that elects additional insurance affording liability
coverage 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.
C. Any Participating Party that is self-insured with respect to any line or lines
of insurance 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 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 performance 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
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Assisting 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
submitted in detail sufficient for a proper pre -audit 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 this
Agreement.
D. No Participating Party may hire employees in violation of the employment
restrictions 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 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.
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ARTICLEXI. EffectofAereement. Upon its execution by a Participating Party,
this Agreement 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.
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)
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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 Participat-
ing Parties. Notwithstanding the preceding sentence, any Participating Party who
objects to the amendment 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
application of this Agreement shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under
this 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
unenforceable 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
15
the other Participating 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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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
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CLERK OF THE CIRCUIT COURT OF COUNTY,
STATE OF FLORIDA
By:
Deputy Clerk
IR/
M
Chairman
Date:
Approved as to Form:
By:
County Attorney
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By: _
Director
ATTEST:
CITY CLERK
0
Title:
CITY OF
STATE OF FLORIDA
0
Approved as to Form:
By:
City Attorney
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By: _
Director
DISTRICT,
STATE OF FLORIDA
Title:
19
m m I � �
Date:
m-
Date:
Approved as to Form:
Bv:
Attorney for District
Name of Government:
Address of Government:
Authorized Representatives of Government:
Primary Representative
Name:
Title:
Address:
Telephone (Office):
Telephone (Home):
Telecopier:
InterNet:
First Alternate Representative
Name:
Title:
Address:
Telephone (Office):
Telephone (Home):
Telecopier:
InterNet:
Second Alternate Representative
Name:
Title:
Address:
Telephone (Office):
Telephone (Home):
Telecopier:
InterNet:
A-1
STATEWIDE MUTUAL AID AGREEMENT
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:
4. Types of Resources Needed:
Form B
1-1
M M & � v
DMI�V
5. Description of Infrastructure:
6. Description of Staging Facilities:
7. Description of Telecommunications Resources:
8. Time, Place and Date to Deliver Resources:
9. Names of Supervisors for Requesting Party:
13?
STATEWIDE MUTUAL AID AGREEMENT
Form C
Date:
Name of Assisting Party:
Contact Oficial for Assisting Party:
Name:
Telephone:
InterNet:
I. Description of Resources
2. Estimated Time Resources Available:
3. Estimated Time and Date to Deliver Resources:
4. Description of Telecommunications Resources:
5. Names of Supervisors for Assisting Party:
C-1
File 'OpY
July 31, 2000
tu
4101 fl
STATEWIDE MUTUAL AID AGREEMENT
•'u
Date: November 9, 2000
Name of Government: Town of Gulf Stream
Mailing Address: 100 Sea Road
City, State,
Gulf Stream, FL 33483
Authorized Representatives to Contact for Emergency Assistance:
Primary Representative
Garrett Ward
Police Chief
246 Sea Road, Gulf Stream, FL 33483
Day Phone: 561-276-5116 Night Phone: 961-734-9R75
Telecopier: 561-276-2528 InterNet: GWard@Gulf—Stream.org
First Alternate Representative
Name: Kristin K. Garrison
Town Manager
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone: 561-276-5116 Night Phone: 561-626-3368
Telecopier: 561-737-0188 InterNet:
Second Alternate Representative
William F. Koch, Jr.
Mayor
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone: 561-276-600 Night Phone: 561-776-562"1
Telecopier: 561-274-2221 InterNet:
PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR
Return to:Department of Community Affairs -Division of Emergency Management
2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100
23
April 27, 1954 PLEASE UPDATE
STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE/RECOVERY
APPENDIX A
Date: April 27, 2000
Name of Government: Town of Gulf Stream
Mailing Address: 100 Sea Road
City, State, Zip: Gulf Stream, FL 33483
Authorized Representatives to Contact for Emergency Assistance:
Primary Re resentative
Name: Robert Schultz
Title: Police Chief
246 Sea Road, Gulf Stream, FL 33483
Day Phone: 561-276-5116 Night Phone:
FAX No.: 561-737-0188
1st Alternate Representative
561-575-4374
Name: Kristin K. Garrison
Title:_ Town Manager
Address: 100 Sea Road, Gulf Stream, Florida 33438
Day Phone: 561-276-5116 Night Phone: 561-626-3368
2nd Alternate Representative
Name: William F. Koch, Jr.
Title: Mayor
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone: 561-276-6002 Night Phone: 561-276-5623
RETURN TO: .IIS J,9.VICE JO.\ES - DEP I RT.IIE.VT OF C0.V3IU VITYAFFAM - DIVISIO,V OF E.IIERGE.\'Cy
3144 IGEME.NT - I55S SI UMARD OAK ROCLEPARD - TALLdHASSEF-, FLORIDA 31399-1100
PLEASE UPDATE A.S ELECTIONS OR APPOI.NTWENTS OCCUR ... THANK YOU!
07/06/2001 10:86 8504BB7B41 SWP PAGE 02
July 31, 2000
tv
*Aj V
STATEWIDE MUTUAL AID AGREEMENT
FORM A
Date: July 20, 2001
Name of Government: Town of Gulf Stream
Mailing Address: 100 Sea Road
City, State, Zip: Gulf Stream, FL 33483
Authorized Representatives to Contact for Emergency Assistance:
Primary Representative
Name: Garrett J. Ward
Title: Chief of Police
Address: 246 Sea Road, Gulf Stream FL 33483
bay Phone: 561-276-5116 Ni&A'%x rac Cell 561-704-4127
Telecopier: 561-737-0188 InterNet: gward@qulf-stream.org
First Alternate Representative Night Phone: 561-734-9875
Name:William H. Thrasher
Title:Interim Town Manager
Address: 100 Sea Road, Gulf Stream FL 33483
pay Phone: 561-276-5116 Ulglaftiftw Cell 561-573-8703
Telecopier: 561-737-0188 InterNet: bthrasher@gulf-stream org
Second Alternate Representative Night Phone: 561-588-3656
Name: William F. Koch, Jr.
Address: 100 Sea Road, Gulf Stream FL 33483 _
Day Phone: 561-276-5116 Night Phone: 561-276-5623
Telecopier: 561-737-0188 InterNet: N/A
PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR
Rerum co:Deparment of Community Afrairs-Division of Emergency Management
2555 Shumard Oak Boulevard -Tallahassee. Florida 32399-2100
23
April 27, 1994
STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE/RECOVERY
APPENDIX A
Date:
Name of Government
Mailing Address:_
UPDATE
TOWN OF GULF STREAM
100 Sea Road
City, State, Zip: Gulf Stream, Florida 33483
Authorized Representatives to Contact for Emergency Assistance:
Primary Renresentative
Name: ROBERT SCHULTZ
Title: Police Chief
Address: 246 Sea Road, Gulf Stream, Florida 33483
Day Phone: 561-276-5116 Night Phone: 561-575-4374
FAX No.: 561-737-0188
1st Alternate Representative
Name: KRISTIN K. GARRISON
Title: Town Manager
Address: 100 Sea Road, Gulf Stream, Florida 33483
.1
Day Phone:561-276-5116 Night Phone: 561-626-3368
2nd Alternate Representative t'
Name: WTT,I.TAM F_ wnrT4 ,TR
Title: Mayor
Address: 100 Sea Road, Gulf Stream Florida 33483
Day Phone:561-276-6002 Night Phone: 561-276-5623
June 1998
, E F U L L A G R E E M E N T A V A I L A B L E F O R
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S T A T E O F F L O R I D A
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w i l l c o m e f r o m l o c a l e f f o r t s i n c l u d i n g M u n i c i p a l a n d C o u n t y r e s o u r c e s . H o w e v e r , i f t h e
r e s p o n s e a n d / o r t h e r e c o v e r y e f f o r t s a r e b e y o n d t h e c a p a b i l i t y o f l o c a l r e s o u r c e s , r e q u e s t s f o r
a s s i s t a n c e w i l l b e m a d e t o t h e S t a t e . I f t h e d i s a s t e r e x c e e d s t h e S t a t e ' s a b i l i t y t o s u p p o r t l o c a l
g o v e r n m e n t s , t h e S t a t e m a y r e q u e s t a d d i t i o n a l a s s i s t a n c e t h r o u g h t h e E m e r g e n c y M a n a g e m e n t
A s s i s t a n c e C o m p a c t o r f r o m F e d e r a l a s s i s t a n c e t o s u p p l e m e n t t h e S t a t e ' s e f f o r t s . A p r o v e n
m e t h o d t o a u g m e n t e m e r g e n c y r e s o u r c e s i n a c o s t e f f e c t i v e a n d t i m e s a v i n g m a n n e r i s t h r o u g h t h e
i m p l e m e n t a t i o n o f m u t u a l a i d a g r e e m e n t s . O v e r t h e p a s t s i x y e a r s , t h e D i v i s i o n o f E m e r g e n c y
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A g r e e m e n t . C u r r e n t l y , w e r e c o g n i z e t h e p r o c e s s c a n b e f u r t h e r s t r e n g t h e n e d w i t h t h e i n c l u s i o n
o f i n d e p e n d e n t s p e c i a l d i s t r i c t s .
M u t u a l a i d a g r e e m e n t s a r e e n c o u r a g e d t o m a x i m i z e a n d c o o r d i n a t e t h e u s e o f a v a i l a b l e
r e s o u r c e s w i t h i n t h e S t a t e a n d t o e n s u r e f a s t e r r e i m b u r s e m e n t s . U t i l i z i n g m u t u a l a i d a g r e e m e n t s ,
r e g a r d l e s s o f t h e f u n d i n g s o u r c e s , i s t h e b e s t w a y t o s u p p l e m e n t e m e r g e n c y a s s i s t a n c e t o p r o t e c t
t h e h e a l t h a n d s a f e t y o f t h e r e s i d e n t s l o c a t e d w i t h i n t h e i m p a c t e d a r e a a n d i s c o s t e f f e c t i v e .
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w h i c h a r o s e s i n c e i t s i n c e p t i o n i n 1 9 9 4 . T h e D i v i s i o n o f E m e r g e n c y M a n a g e m e n t h a s r e p l a c e d
t h e p r e v i o u s S t a t e w i d e M u t u a l A i d A g r e e m e n t , d a t e d A p r i l 2 7 , 1 9 9 4 a n d s u p e r s e d e d t h e P u b l i c
W o r k s M u t u a l A i d A g r e e m e n t d u e t o a m i n i m u m s c o p e o f a c t i v i t y a n d p u b l i c w o r k s b e i n g
i n c l u d e d i n t h e n e w S t a t e w i d e M u t u a l A i d A g r e e m e n t , d a t e d J u l y 3 1 , 2 0 0 0 . T h e A p r i l 2 7 , 1 9 9 4 ,
d o c u m e n t w i l l r e m a i n i n e f f e c t t o g i v e l o c a l a n d r e g i o n a l g o v e r n m e n t a l e n t i t i e s t i m e t o s i g n t h e
n e w A g r e e m e n t b y J u n e 3 0 , 2 0 0 1 .
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A W , 4 1 1 1 m , I 1 2 3 0 5 0 - 2 2 2 1 7 a l W h a s s e e , l l . 1 2 3 9 7 " ' _ 1 0 0 I a N h a s s e e . F L 3 2 2 5 5 - 2 1 0 0 T a l l a h a s s e e , F L 3 2 3 9 9 - 2 1 0 0 4 0 1 "
0 1 1 5 1 2 8 ' 1 2 4 0 2 1 1 1 5 0 1 4 8 & 2 1 5 6 1 8 5 0 1 4 1 3 . 9 W i 9 1 1 1 5 0 1 . 1 1 1 8 4 9 5 6
I
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 Seaver 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.
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 that 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 Aid 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.
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
ADVANTAGES FOR EXECUTING THE STATEWIDE
MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY
✓ WILL ENHANCE ABILITY OF LOCAL
GOVERNMENTS TO RECEIVE NEEDED RESOURCES
QUICKER
✓ EMBODIES "NEIGHBOR HELPING NEIGHBOR"
CONCEPT
✓ WILL EXPEDITE DISASTER RELATED
REIMBURSEMENTS FOR NEIGHBORING LOCAL
GOVERNMENTS PROVIDED THE COUNTIES
AND/OR MUNICIPALITIES ARE PARTICIPANTS OF
THE STATEWIDE MUTUAL AID AGREEMENT
✓ WILL ALLOW FOR CONSIDERATION OF THE
MUNICIPAL COMPETITIVE GRANT PROGRAM
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
✓ WILL ALLOW FOR CONSIDERATION OF THE
REALLOCATION OF THE BASE GRANT BALANCE
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
TWO PRINCIPLE REASONS FOR PARTICIPATING
IN THE SIVIAA ARE:
TO FACILITATE THE PROVISION OF ASSISTANCE
TO COMMUNITIES WHICH WILL BE DEPENDENT
UPON OUTSIDE RESOURCES; AND
TO FACILITATE THE DOCUMENTATION OF
COSTS AND RECOVERY OF REINIBURSEMENT,
SHOULD A PRESIDENTIAL DISASTER
DECLARATION OR SEVULAR FORM OF FEDERAL
ASSISTANCE BECOME AVAILABLE.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
LAWTON CHILES
JAMES F. MURLEY
Governor
May 17, 1996 Secretary
Mr. Robert Schultz
Police Chief
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33483
Dear Mr. Schultz:
Enclosed for your records is a copy of the executed Statewide Catastrophic Disaster
Response and Recovery Mutual Aid Agreement and Modification #1, between the Town of
Gulf Stream and the State of Florida, Division of Emergency Management. The Town of
Gulf Stream's participation in the Mutual Aid Agreement will further enhance Florida's ability
to plan for, respond to, and recover from a future disaster. This type of team building effort
to achieve a comprehensive emergency management program is greatly appreciated.
The listing of all approved jurisdictions participating in the Statewide Mutual Aid
Agreement is available, if you would like to receive a copy, please call Janice Jones at
(904) 413-9974 and one will be sent to you. Thank you for your prompt attention to this
agreement.
Sincerely,
Joseph F. Myers, Director
Division of Emergency Management
JFM.jjw
Enclosure
cc: Bennett T. Kennedy, Jr.
2 7 4 0 CENTERVIEW DRIVE • TALLAHASSEE, FLORIDA 3 2 3 9 9- 2 1 00
FLORIDA KEYS AREA OF CRIEICAL STATE CONCERN
SOUTH FLORIDA RECOVERY OFFICE
GREEN SWAMP AREA OF CRITICAL STATE CONCERN
FIELD OFFICE
P.O. Bax 4022
HELD OFFICE
2796 Overseas Higirmy, Suite 712
8600 N.W. 36dh Street
155 FaslSummedin
Mamthan, Florida 330502227
Miami, Flpida 331594072
Bartow, Florida 338304641
Board of County Commissioners
Ken L. Foster, Chairman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Mary McCarty
Maude Ford Lee
April 26, 1996
Mr. Joseph F. Myers, Director
ATTN: Janice Jones, PR - Response Planning
Florida Division of Emergency Management
2740 Centerview Drive
Tallahassee, Fl 32399-2100
Dear Ms. Jones:
County Administrator
Robert Weisman
Department of Public Safety
Emergency Management
We forward to you two original copies of the Town of Manalapan's
adoption of the statewide mutual aid plan and two originals of the
Town of Gulf Stream.
Sincerely,
Bennett T. Kennedy, Jr.
Director, Palm Beach County
Division of Emergency Management
BTK:ar
"An Equal Opportunity - Affirmative Action Employer"
�Dp lvdwrscy edpaper 3723 Belvedere Road West Palm Beach, Florida 33406 (407) 233-3500
m
m
RESOLUTION NO. 96-3
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, ADOPTING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE
AND RECOVERY AS AMENDED BY MODIFICATION #1 TO
STATEWIDE MUTUAL AID AGREEMENT DATED OCTOBER
21, 1994; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, as follows:
Section 1. The Town Commission hereby adopts the Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery as amended by Modification 11 to Statewide Mutual Aid
Agreement dated October 21, 1994.
Section 2. Authorization is given execute said agreement
to undertake all activities necessary to effectuate same.
Section 3. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session assembled this 19th day
of April 1996.
ATTEST:
�L L
OWN
CL'EPR
JCR\13147-01\RES0LUTI.MUA
OWN OF STREAM F ORIDA-;
�MAYOR
VICE YOR
J'kK. V
CO SIONER
�, �t.1-..«• � _ ruin
COMMISSIONER
COMMISSIONER
6 Ktl
96
6Z 21dtl
LI
1N3W a�������t3�13G�dd
CERTIFICATE OF COVERAGE
Certificate Holder r�F=1; �f..
rX.1R ator Issue Date 3/7/96 NT
r
STATE OF FLORIDAQrida
DEPARTMENT OF COMMUNITY AFFAIR HAR 14 A
League of Cities, Inc.
1 9 tYblic Risk Services
DIVISION OF EMERGENCY MANAGEMENT
P.O. Box 530065
2740 CENTERVIEW DRIVE
Orlando, Florida 32853-0065
TALLAHASSEE FL 32399-2100
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE
AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 228
1 COVERAGE PERIOD: FROM 10/1/95
COVERAGE PERIOD: TO 9/30/96 12:00 Midnight Standard Time
TYPE OF COVERAGE - LIABILITY
TYPE OF COVERAGE - PROPERTY
General Liability
Buildings
® Comprehensive General Liability, Bodily Injury, Property
Basic Form
Damage and Personal Injury
Special Form
® Errors and Omissions Liability
Personal Property
® Employee Benefits Program Administration Liability
❑ Basic Form
® Medical Attendants'/Medical Directors' Malpractice Liability
El Special Forth
Broad Farm Property Damage
Agreed Amount
® Law Enforcement Liability
Deductible $
® Underground, Explosion & Collapse Hazard
ElColnsurance %
❑
❑ Blanket
Limits of Liability
1:1Specific
$100,000 Each Person or ' Combined Single LimitReplacement
Cost
$200,000 Each Occurrence
Actual Cash Value
Deductible $
MMiscellaneous
Automobile Liability
Inland Marine
Electronic Data Processing
®All owned Autos (Priv. Pass.)
El gond
® All owned Autos (Other than Priv. Pass.)
E]®
Hired Autos
® Non -Owned Autos
Limits of Liability on File with Administrator
Limits of Liability
$100,000 Each Person or ' Combined Single Limit
$200,000 Each Occurrence
Deductible $
Automobile/Equipment - Deductible
Physical Damage Seer Schedule Comprehensive - Auto $Per Schedule Collision -Auto $ Miscellaneous
quipment
Other
'The limit of liability is S100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence.
These specific limits of liability are increased to $5,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims
bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida.
Description of Opemtions/LocatlonsNehlcles/Special Items
RE: Statewide Mutual Aid Agreement
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
DESIGNATED MEMBER
CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE
ROBERT SCHULTZ
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
TOWN OF GULF STEAM
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON
100 SEA ROAD
THE PROGRAM, US AGENTS OR REPRESENTATIVES.
GULF STREAM FL 33483
AUTHORIZED REPRESENTATIVE
FMFr-CERT (ION')
CERIMCATEOF COVERAGE
Certificate Holder
Administrator Issue Date 3/7/96 NT
STATE OF FLORIDADEPARTMENTOF
Florida League of Cities, Inc.
COMMUNITYAFFAIRS
Public Risk Services
DIVISIONOF EMERGENCY MANAGEMENT
P.O. Box 530065
2740 CENTERVIEWDRIVE
Orlando, Florida 32853-0065
TALLAHASSEE FL 32399-2100
COVERAGES
THIS IS TO CERTIFY THAT COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ABOVE FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANOING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O, MAY PERTAIN, THE COVERAGE
AFFORDED HEREIN 15 SUBJECT TO ALLTIIE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY.
COVERAGE PROVIDED BY: FLORIDAMUNICIPALSELF INSURERS FUND
POLICY
POLICY
TYPE OF POLICY
AGREEMENTNUM13ER
EFFECTIVEDATE
EXPIRATIONDATE
LIMITSOF LIABILITY
WORKERS' COMPENSATION
FM 159
10/1/95
9/30/96
Statutory
$1,000,1100 Each Accident
EMPLOYER'S LIABILITY
$1,000,000 By Disease
$1,000,000 Aggregate By Disease
OTHER
DESCRIPTION OF OPERATIONS
RE: Statewide Mutual Aid Agreement
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEMENTS ABOVE
DESIGNATED MEMBER
CANCELLATION
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENTS HE CANCELLED BEFORE
ROBERT SCHULTZ
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
TOWN OF GULF STREAM
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE. BUT FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON
100 SEA ROAD
THE PROGRAM, ITS AGENTS OR REPRESENTATIVES.
GULF STREAM FL 33483
L 1 .6 VV R 8dV 96
AUTHORIZED------ENTAT E
FM CERT (InM) IN JktljJV I( Vh Ajld au:I41:1
0�]A1-�-3T]�]
CERTIFICATE OF COVERAGE
Certificate Holder
Administrator Issue Date 3/7/96 NT
STATE OF FLORIDA
Florida League of Cities, Inc.
DEPARTMENT OF COMMUNITY AFFAIRS
Public Risk Services
DIVISION OF EMERGENCY MANAGEMENT
P.O. Box 530065
2740 CENTERVIEW DRIVE
Orlando, Florida 32853-0065
TALLAHASSEE FL 32399-2100
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE
AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 228
COVERAGE PERIOD: FROM 10/1/95
COVERAGE PERIOD: TO 9/30/96 12:00 Midnight Standard Time
TYPE OF COVERAGE - LIABILITY
TYPE OF COVERAGE - PROPERTY
General Liability
Buildings
® Comprehensive General Liability, Bodily Injury, Property
El Basic Form
Damage and Personal Injury
Special Form
® Errors and Omissions Liability
El Personal Property
® Employee Benefits Program Administration Liability
El Basic Form
® Medical Attendants'/Medical Directors' Malpractice Liability
0Special Form
❑ Broad Form Property Damage
Agreed Amount
® Law Enforcement Liability
ElDeductible $
® Underground, Explosion & Collapse Hazard
Coinsurance %
El Blanket
Limits of Liability
Specific
$100,000 Each Person or ' Combined Single Limit
❑ Replacement Cost
$200,000 Each Occurrence
E]Aclual Cash Value
Deductible .$
Miscellaneous
Automobile Liability
DInland Marine
Electronic Data Processing
El
®All owned Autos (Priv. Pass.)
Bond
All owned Autos (Other than Priv. Pass.)
®
1:1®
Hired Autos
® Non-Owned Autos
Limits of Liability on File with Administrator
Limits of Liability
$100,000 Each Person or • Combined Single Limit
$200,000 Each Occurrence
Deductible $
Automobile/Equipment - Deductible
PPhysical Damage $Per Schedule Comprehensive - Auto $Per Schedule Collision - Auto $ Miscellaneous
pment
Other
yy
'The limit liability is $100,000 Bodily Injury Property Damage ��28tl-060gBodily Injury Property Damage
of and/or page n and/ar per occurrence.
These specific limits of liability are increased to $5,000,000 (combin(Ldlisinljle%AiVit) per occuaegce,Isplely for any liability resulting from entry of a claims
bill pursuant to Section 768.28 (5) Florida Statutes or liability imposed pursu t (IoaFedei�gl:aivl3l'aclions outside the State of Florida.
Description of Operations/LocatlonsfVehicies/Special Items
RE: Statewide Mutual Aid Agreement
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE GOES NO A,'EHo, u Ieso L S
ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE I
DESIGNATED MEMBER
CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE
ROBERT SCHULTZ
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
TOWN OF GULF STEAM
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, Burr FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
100 SEA ROAD
THE PROGRAM, ITS AGENTS OR REPRESENTATIVES.
GULF STREAM FL 33483
,..�• Com.!
AUTHORIZED REPRESENTAT E
FMrr-CERT UW )
Apr;1 a. 1994
STATEWIDE MUTUAL AID
FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY
THIS AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT AND AMONG EACH POLITICAL
0
SUBDIVISION OF THE STATE THAT EXECUTES AND ADOPTS THE TERMS AND
CONDITIONS CONTAINED HEREIN, BASED UPON THE FOLLOWING FACTS:
WHEREAS, the State Emergency Management Act, Chapter 252,
Florida Statutes, authorizes the state and its political
subdivisions to develop and enter into mutual aid agreements for
reciprocal emergency aid and assistance in case of emergencies
too extensive to be dealt with unassisted; and
WHEREAS, Chapter 252, Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and immunities of
political subdivisions of the state rendering outside aid; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the State
to enter into a contract on behalf of the state for the lease or
loan to any political subdivision of the state any real or
personal property of the state government or the temporary
transfer or employment of personnel of the state
government to or by any political subdivision of the state; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
governing body of each political subdivision of the state
to enter into such contract or lease with the state, accept any
such loan, or employ such personnel, and such political
April rr. 19%
0
subdivision may equip, maintain, utilize, and operate any such
property and employ necessary personnel therefor in accordance
with the purposes for which such contract is executed, and to
otherwise do all things and perform any and all acts which it may
deem necessary to effectuate the purpose for which such contract
was entered into; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to make available any equipment,
services, or facilities owned or organized by the state or its
political subdivisions for use in the affected area upon request
of the duly constituted authority of the area or upon the request
of any recognized and accredited relief agency through such duly
constituted authority; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to call to duty and otherwise
provide, within or without the state, such support from available
personnel, equipment, and other resources of state agencies and
the political subdivisions of the state as may be necessary to
reinforce emergency management agencies in areas stricken by
emergencies; and
WHEREAS, Chapter 252, Florida Statutes, requires that each
municipality must coordinate requests for state or federal
emergency response assistance with its county; and
WHEREAS, the State of Florida is geographically vulnerable
to hurricanes, tornadoes, freshwater flooding, sinkhole
Ott n. 1994
formations, and other natural disasters that in the past have
caused severe disruption of essential human services and severe
property damage to public roads, utilities, buildings, parks, and
other government owned facilities; and
WHEREAS, the Parties to this Agreement recognize that
additional manpower and equipment may be needed to mitigate
further damage and restore vital services to the citizens of the
affected community should such disasters occur; and
WHEREAS, to provide the most effective mutual aid possible,
each Participating Government, intends to foster communications
between the personnel of the other Participating Government by
visits, compilation of asset inventories, exchange of information
and development of plans and procedures to implement this
Agreement;
NOW, THEREFORE, the Parties hereto agree as follows:
SECTION 1.
A. "AGREEMENT" - the Statewide Mutual Aid Agreement for
Emergency Response/Recovery. Political subdivisions of the State
of Florida may become a party to this Agreement by executing a
copy of this Agreement and providing a copy with original
signatures and authorizing resolution(s) to the State of Florida
Division of Emergency Management. Copies of the agreement with
original signatures and copies of authorizing resolutions and
K,
April 27, 1994
0
insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
B. ,REQUESTING PARTY" - the participating government
entity requesting aid in the event of an emergency. Each
municipality must coordinate requests for state or federal
emergency response assistance through its county.
C. "ASSISTING PARTY" - the participating government entity
furnishing equipment, services and/or manpower to the Requesting
Party.
D. "AUTHORIZED REPRESENTATIVE" - an employee of a
participating government authorized in writing by that government
to request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached as Appendix A to the executed copy of the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
E. "DIVISION" - the State of Florida, Department of
community Affairs, Division of Emergency Management.
F. "EMERGENCY" - any occurrence, or threat thereof,
whether natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the
population or substantial damage to or loss of property.
4
April 27, 1944
G. "DISASTER11 - any natural, technological, or civil
emergency that causes damage of sufficient severity and magnitude
to result in a declaration of a state of emergency by a county,
Governor, or the President of the United States.
H. "PARTICIPATING GOVERNMENTt1 - the State of Florida and
any political subdivision of the State of Florida which executes
this mutual aid agreement and supplies a complete executed copy
to the Division.
I. "PERIOD OF ASSISTANCE" - the period of time beginning
with the departure of any personnel of the Assisting Party from
any point for the purpose of traveling to the Requesting Party in
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing
the assistance requested, to their residence or regular place of
work, whichever occurs first. The period of assistance shall not
include any portion of the trip to the Requesting Party or the
return trip from the Requesting Party during which the personnel
of the Assisting Party are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
J. "WORK OR WORK-RELATED PERIOD" - any period of time in
which either the personnel or equipment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for which the Requesting Party will reimburse the Assisting
E
ADM 27. 1994
0
Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
active work within a reasonable time. Specifically excluded from
such period of time are breakfast, lunch, and dinner breaks.
SECTION 2. PROCEDURES
When a participating government either becomes affected by,
or is under imminent threat of, an emergency or disaster, it may
invoke emergency related mutual aid assistance either by: (i)
declaring a state of local emergency and transmitting a copy of
that declaration to the Assisting Party, or to the Division, or
(ii) by orally communicating a request for mutual aid assistance
to Assisting Party or to the Division, followed as soon as
practicable by written confirmation of said request. Mutual aid
shall not be requested by Participating Governments unless
resources available within the stricken area are deemed
inadequate by the Local Emergency Management Agency. All
requests for mutual aid shall be transmitted by the Authorized
Representative or the Director of the Local Emergency Management
Agency. Requests for assistance may be communicated either to
the Division or directly to an Assisting Party. Requests for
assistance under this Agreement shall be limited to catastrophic
disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 or 163.01, Florida
3
April 27, 1994
0
Statutes, in which case a Participating Governme::,.: may request
assistance pursuant to the provisions of this agreement.
A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in
paragraph C below. All communications shall be conducted
directly between the Requesting and Assisting Party. Each party
shall be responsible for keeping the Division advised of the
status of the response activities. The Division shall not be
responsible for costs associated with such direct requests for
assistance. However, the Division may provide, by rule, for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section
252.373, Florida Statutes.
B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM, THE
DIVISION: The Requesting Party may directly contact the
Division, in which case it shall provide the Division with the
information in paragraph C below. The Division may then contact
other Participating Governments on behalf of the Requesting Party
and coordinate the provision of mutual aid. The Division shall
not be responsible for costs associated with such indirect
requests for assistance, unless the Division so indicates in
writing at the time it transmits the request to the Assisting
Party. In no event shall the Division or the State of Florida be
7
Apri( 27. 1994
responsible for costs associated with assistance in the absence
of appropriated funds. In all cases, the party receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
C. REQUIRED INFORMATION: Each request for assistance
shall be accompanied by the following information, to the extent
known:
1. A general description of the damage sustained;
2. Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed;
3. Identification of the public infrastructure system for
which assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed and a reasonable estimate of the length of
time they will be needed;
8
April 27, 1044
L2
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
services; and
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
This information may be provided on the form attached as
Exhibit B, or by any other available means. The Division may
revise the format of Exhibit B subsequent to the execution of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO
RENDER ASSISTANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
All participating governments shall render assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When the authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall so notify the Requesting Party or the
W
April 27, 1994
Division, whichever communicated the request, and provide the
information below. The Division shall, upon response from
sufficient participating parties to meet the needs of the
Requesting Party, notify the authorized representative of the
Requesting Party and provide them with the following information,
to the extent known:
1. A complete description of the personnel, equipment, and
materials to be furnished to the Requesting Party;
2. The estimated length of time the personnel, equipment,
and materials will be available;
3. The areas of experience and abilities of the personnel
and the capability of the equipment to be furnished;
4. The name of the person or persons to be designated as
supervisory personnel; and
5. The estimated time when the assistance provided will
arrive at the location designated by the authorized
representative of the Requesting Party.
E. SUPERVISION AND CONTROL: The personnel, equipment and
resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
serving. Direct supervision and control of said personnel,
equipment and resources shall remain with the designated
supervisory personnel of the Assisting Party. Representatives of
the Requesting Party shall provide work tasks to the supervisory
Mo]
APrii 27. 19%
personnel of the Assisting Party. The designated supervisory
personnel of the Assisting Party shall have the responsibility
and authority for assigning work and establishing work schedules
for the personnel of the Assisting Party, based on task or
mission assignments provided by the Requesting Party and the
Division. The designated supervisory personnel of the Assisting
Party shall: maintain daily personnel time records, material
records and a log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to the Requesting Party. The Assisting Party's personnel and
other resources shall remain subject to recall by the Assisting
Party at any time, subject to reasonable notice to the Requesting
Party and the Division. At least twenty-four hour advance
notification of intent to withdraw personnel or resources shall
be provided to the Requesting Party unless such notice is not
practicable, in which case such notice as is reasonable shall be
provided..
F. FOOD; HOUSING; SELF-SUFFICIENCY Unless specifically
instructed otherwise, the Requesting Party shall have the
responsibility of providing food and housing for the personnel of
the Assisting Party from the time of their arrival at the
designated location to the time of their departure. However,
Assisting Party personnel and equipment should be, to the
11
3,ril 27. 1944
greatest extent possible, self-sufficient for operations in areas
stricken by emergencies or disasters. The Requesting Party may
specify only self-sufficient personnel and resources in its
request for assistance.
G. COMMUNICATIONS: Unless specifically instructed
otherwise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications among their respective
operating units.
H. RIGHTS AND PRIVILEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete a written acknowledgment regarding the assistance to be
rendered, setting forth the information transmitted in the
request, and shall transmit it by the quickest practical means to
the Assisting Party or the Division, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. The Requesting Party/Division shall respond to the
written acknowledgement by executing and returning a copy to the
12
Wit 27. 1946
�7
Requesting Party by the quickest practical means, maintaining a
copy for its files.
SECTION 3. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in accordance with paragraph 2.I. of this
Agreement. The Requesting Party shall be ultimately responsible
for reimbursement of all reimbursable expenses.
A. PERSONNEL - During the period of assistance, the
Assisting Party shall continue to pay its employees according to
its then prevailing ordinances, rules, and regulations. The
Requesting Party shall reimburse the Assisting Party for all
direct and indirect payroll costs and expenses incurred during
the period of assistance, including, but not limited to, employee
pensions and benefits as provided by Generally Accepted
Accounting Principles (GAAP). The Requesting Party shall
reimburse any amounts paid or due for compensation to employees
of the Assisting Party under the terms of the Florida Workers'
Compensation Act due to personal injury or death occurring while
such employees are engaged in rendering aid under this Agreement.
While providing services to the Requesting Party, employees of
the Assisting Party shall be considered "borrow servants" of the
13
Acrd 27, 1994
0
Requesting Party and shall be considered in the "dual employment"
with the Requesting and Assisting Parties, subject to the
supervision and control of both for purposes of Chapter 440,
Florida Statutes. While the Requesting Party shall reimburse the
Assisting Party for payments made in workers' compensation
benefits required to be paid to its employees due to personal
injury or death, the Division, and both the Requesting and
Assisting Party shall enjoy immunity from civil prosecution as
provided for in the Florida Workers' Compensation Act.
B. EQUIPMENT - The Assisting Party shall be reimbursed by
the Requesting Party for the use of its equipment during the
period of assistance according to either a pre -established local
or state hourly rate or according to the actual replacement,
operation, and maintenance expenses incurred. For those
instances in which costs are reimbursed by the Federal Emergency
Management Agency, the eligible direct costs shall be determined
in accordance with 44 CFR 206.226. The Assisting Party shall pay
for all repairs to its equipment as determined necessary by its
on-site supervisor(s) to maintain such equipment in safe and
operational condition. At the request of the Assisting Party,
fuels, miscellaneous supplies, and minor repairs may be provided
by the Requesting Party, if practical. The total equipment
charges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
14
Apr; t n, 1994 lb4
Requesting Party and by the amount of any insurance proceeds
received by the Assisting Party.
C. MATERIALS AND SUPPLIES - The Assisting Party shall be
reimbursed for all materials and supplies furnished by it and
used or damaged during the period of assistance, except for the
costs of equipment, fuel and maintenance materials, labor and
supplies, which shall be included in the equipment rate
established in 3.B. above, unless such damage is caused by gross
negligence, willful and wanton misconduct, intentional misuse, or
recklessness of the Assisting Party's personnel. The Assisting
Party's Personnel shall use reasonable care under the
circumstances in the operation and control of all materials and
supplies used by them during the period of assistance. The
measure of reimbursement shall be determined in accordance with
44 CFR 206.228. In the alternative, the Parties may agree that
the Requesting Party will replace, with like kind and quality as
determined by the Assisting Party, the materials and supplies
used or damaged. If such an agreement is made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FEMA
publications, including 44 CFR part 13 and applicable Office of
Management and Budget Circulars. Requesting Party and Division
15
April 27, 19%
finance personnel shall provide information, directions, and
assistance for record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.1. or a subsequent written addendum to the acknowledgement, the
Assisting Party shall bill the Requesting Party for all
reimbursable expenses with an itemized Notice as soon as
practicable after the expenses are incurred, but not later than
sixty (60) days following the period of assistance, unless the
deadline for identifying damage is extended in accordance with 44
CFR part 206. The Requesting Party shall pay the bill, or advise
of any disputed items, not later than sixty (60) days following
the billing date. These timeframes may be modified by mutual
agreement. This shall not preclude an Assisting Party or
Requesting Party from assuming or donating, in whole or in part,
the costs associated with any loss, damage, expense or use of
personnel, equipment and resources provided to a Requesting
Party.
F. PAYMENT BY OR THROUGH THE DIVISION: The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance pursuant to the request of the Division, to the extent
of funds available, and contingent upon an annual appropriation
from the Legislature for such purposes. The Assisting Party
16
Apr; t 27. 1
0 --
shall
shall be responsible for making written request to the Division
for reimbursement of travel and subsistence expenses, prior to
submitting a request for payment to the Requesting Party. The
Assisting Party's written request should be submitted as soon as
possible after expiration of the period of assistance. The
Division shall provide a written response to said requests within
ten (10) days of actual receipt. If the Division denies said
request, the Assisting Party shall then bill the Requesting
I
Party. In the event that an affected jurisdiction requests
assistance without forwarding said request through the Division,
or an assisting party provides assistance without having been
requested by the Division to do so, the Division shall not be
liable for reimbursement of any of the cost(s) of assistance.
The Division may serve as the eligible entity for requesting
reimbursement of eligible costs from FEMA. Any costs to be so
reimbursed by or through the Division shall be determined in
accordance with 44 CFR 206.228. The Division may authorize
applications for reimbursement of eligible costs from the
undeclared disaster portion of the Emergency Management
Preparedness and Assistance Trust Fund established pursuant to
Section 252.373, Florida Statutes, in the event that the disaster
or emergency event is not declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law
93-288, as amended by Public Law 100-707. Such applications
17
April 27. 1994 !t�
shall be evaluated pursuant to rules established by the Division,
and may be funded only to the extent of available funds. SECTION
SECTION 4. INSURANCE
Each participating government shall bear the risk of its own
actions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or liability. If a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the Division. Each Assisting Party shall be solely
responsible for determining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reimbursement from the Division or the Requesting Party
shall be reduced by the amount of any insurance proceeds to which
the Assisting Party is entitled as a result of losses experienced
in rendering assistance pursuant to this Agreement.
SECTION 5. LIABILITY
is
April 27. 1994
To the extent permitted by law, and without waiving
sovereign immunity, each Party to this Agreement shall be
responsible for any and all claims, demands, suits, actions,
damages, and causes of action related to or arising out of or in
any way connected with its own actions, and the actions of its
personnel, in providing mutual aid assistance rendered or
performed pursuant to the terms and conditions of this Agreement.
SECTION 6. LENGTH OF TIME FOR EMERGENCY
The duration of such state of emergency declared by the
Requesting Party is limited to seven (7) days. It may be
extended, if necessary, in 7 day increments.
SECTION 7. TERM
This Agreement shall be in effect for one (1) year from the
date hereof and shall automatically be renewed in successive one
(1) year terms unless terminated in writing by the participating
government. Notice of such termination shall be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Emergency Management, Florida Department of
Community Affairs, Tallahassee, Florida, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon
approval by the participating government and upon proper
execution hereof.
19
X11 27. 1994 %4
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The responsibilities the Division of Emergency Management,
Florida Department of Community Affairs under this Agreement are
to: (1) request mutual aid on behalf of a participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision of mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
from FEMA, upon a Presidential disaster declaration; (4) serve as
central depository for executed Agreements; and (5) maintain a
current listing of Participating Governments with their
Authorized Representative and contact information, and to provide
a copy of the listing to each of the Participating Governments on
an annual basis during the second quarter of the calendar year.
SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of competent jurisdiction, that
fact shall not affect or invalidate any other portion, section or
subsection; and the remaining portions of this Agreement shall
remain in full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement have entered
into other mutual aid agreements, pursuant to Section 252.40,
Florida Statutes, or interlocal agreements, pursuant to Section
.,r; t 27. 1994 ep
163.01, Florida statutes, those parties agree that said
agreements are superseded by this agreement only for emergency
management assistance and activities performed in catastrophic
emergencies pursuant to this agreement. In the event that two or
more parties to this agreement have not entered into another
mutual aid agreement, and the parties wish to engage in mutual
aid, then the terms and conditions of this agreement shall apply
unless otherwise agreed between those parties.
21
I
Mari) !t. 1091
I
i
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on
I
AT�EST:p �•}����g��
Ci.jMR87HY i�WILICEN FERRURT
;Board of County Commissioners
By
the date set forth below:
BOARD OF
OF
R94 1059
FLORIDA
nty) i
By, ,.I AUG 16 IM
�haikaah
CHAIR, PAID ?; 4 COUNTY
APPROVED AS TO "Q 0G .".UN -y COMMISSIONERS
Office of the Attorney
EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOVERNMENTS IN Palm
Beach , COUNTY (attach authorizing resolution or ordinance
and; insurance letter or resolu ioZfra
ch14
Tow4 of Gulf Stream , by d 4-19_96
Political subdivision orize f icial Date
ACKNOWLEDGED AND AGREED BY THE
By.:.; C-/);""/,
'� r
re for
DIVISION OF EMERGENCY MANAGEMENT
22
April 27. 1994
MUTUAL AID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Date: Anril 19, 1996
Name of Government: TOWN OF GULF STREAM
Mailing Address: 100 SEA ROAD
City, State, Zip: GULF STREAM, FLORIDA 33483
0
Authorized Representatives to Contact for Emergency Assistance:
Primary Representative
Name: ROBERT SCHULTZ
Title: Police Chief
Address: 246 Sea Road, Gulf STream, Florida 33483
Day Phone: 407-276-5116 Night Phone• 407-575-4374
FAX No.:
1st Alternate Representative
Name: E. Scott Harrington
Title: Town Manaqer
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone: 407-276-5116
2nd Alternate Representative
Name: William F. Koch, Jr.
Title: Mavor
Night Phone: 407-832-0861
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone:407-276-6002 Night Phone: 407-276-5623
23
X11 n. 1994
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
following information, to the extent known:
1. General description of the damage sustained:
On
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
24
April 27, 1941
REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
S. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and
services:
25
April 27, 1994
REQUIRED INFORMATION (continued)
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
26
0
11nr11 27, 1994
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To Be Provided:
Resource Type Amount Assignment
2. Availability of Additional Resources:
3. Time Limitations, if any:
27
Q
Est. Time Arrival
MODIFICATION 11 TO STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the undersigned County/Hunicipality (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) and various other counties and munici-
palities in the State of Florida, has entered into the Statewide
Mutual Aid Agreement for Catastrophic Response and Recovery (the
Agreement); and
WHEREAS, the parties to the Agreement are desirous of
amending the Agreement, to revise provisions regarding the
handling of workers' compensation claims and to clarify and
correct certain other terms and conditions;
NOW, THEREFORE, the undersigned signatories agree:
1. The title of the Agreement is revised to read: "State-
wide mutual Aid Agreement."
2. The introductory paragraph is revised to read: "THIS
AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI-
PALITY THAT EXECUTES AND ADOPTS THE TERMS AND CONDITIONS COH-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:'.
). The first sentence of SECTION 1. DEFINITIONS, paragraph
A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid
Agreement." The remainder of that paragraph is unchanged.
4. SECTION 1. DF;FINITIONS, paragraph D. "AUTHORIZED
REPRESENTATIVE" is revised to read: "An employee of a participat-
1
octoner si, 4—
ing government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached hereto as 'Exhibit A,' and shall be updated as needed by
each participating government."
+ Paragraph H. "PARTICIPATING
S. SECTION 1. WIRITTJONS
GOVEpyHENT" is revised to read: "The State of Florida, any county
which executes this Agreement and supplies a complete, executed
copy to the Division, and any municipality which executes this
Agreement and suFplies a complete, executed copy to the Divi-
sion."
6, A new paragraph K. is added to SECTION 1. DEFINE- ITTIONS,
to read as follows: "K. 'HAJOR DISASTER'- a disaster that will
abilities and require a broad range of
likely exceed local cap
state and federal assistance."
7. The initial, unnumbered, paragraph of SECTION 2.
PROC,p�,=, is revised to read:
When a Participating Government either becomes
affected by, or is under imminent threat of, a major
disaster, it may invoke emergency related mutual aid
assistance either by: (i) declaring a state of local
emergency and transmitting a copy of that declaration
to the Assisting Farty, or to the Division, or (ii) by
orally communicating a request for mutual aid assis-
2
Lance c.w Gne Aua1tl1-111y roA.6i v. �� ..+•� •--•----••. ---
lowed as soon as practicable by vritten confirmation of
said request. Mutual aid shall not be requested by any
Participating Government unless resources available
within the stricken area are deemed inadequate by that
Participating Government. Municipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency Management Agencies. All re-
quests for mutual aid shall be transmitted by the
Authorized Representative or the Director of the Local
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement shall be limited to major disasters,
except where the Participating Government has no other
mutual aid agreement for the provision of assistance
related to emergencies or disasters, in which case a
Participating Government may request assistance related
to any disaster or emergency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2. pgocBEMS, paragraph C. REQUIRED INFORNA-
TION, subparagraph, 6 is revised to read:
6. An estimated time and a specific place for a
representative of the Requesting Party to meet the
October 21, 1994
personnel and equipment of any assisting Party.
This information may be provided on the fora
attached as Exhibit "Be" or by any other available
means. The Division may revise the format of Exhibit
"B" subsequent to the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Governments.
9. SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL-
ED(;RxENT, is revised to read:
I. WRITTEN ACXNOWLEDGENENT- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the request, and shall transmit it
by the quickest practical means to the Requesting Party
or the Division, as applicable, for approval. The form
to serve as this written acknowledgement is attached as
Exhibit C. The Requesting Party/Division shall respond
to the written acknowledgement by executing and return-
ing a copy to the Assisting Party by the quickest
practical means, maintaining a copy for its files.
10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PERSON-
NEL, is revised to read:
A. PERBONNEL - During the period of assistance,
4
the Assisting Party shall continue to pay its employees
according to its then prevailing ordinances, rules, and
regulations. The Requesting Party shall reimburse the
Assisting Party for all direct and indirect payroll
costs and expenses (including travel expenses) incurred
during the period of assistance, including, but not
limited to, employee pensions and benefits as provided
by Generally Accepted Accounting Principles (GAAP).
However, the Requesting Party shall not be responsible
for reimbursing any amounts paid or due as benefits to
employees of the Assisting Party under the terms of the
Florida Workers' compensation Act due to personal
injury or death occurring while such employees are
engaged in rendering aid under this Agreement. Both
the Requesting Party and the Assisting Party shall be
responsible for payment of such benefits only to their
own employees.
11. sECTION 7. TE.BH, is revised to read:
This Agreement shall be in effect for one (1) year
from the date hereof and shall be renewed in successive
one (1) year terms unless terminated upon sixty (60)
days advance written notice by the Participating Gov-
ernment. Notice of such term ination'shal1 be made in
writing and shall be served personally or by registered
3
Mali uyv.. .... -
ment, Florida Department of community Affairs, Talla-
hassee, Florida, which shall provide copies to all
other Participating Governments. Notice of termination
shall not relieve the wichdrawing Participating Govern-
ment from obligations incurred hereunder prior to the
effective date of the withdrawal and shall not be
effective until sixty (60) days after notice thereof
has been sent by the Director, Division of Emergency
Management, Department of community Affairs to all
other Participating Governments.
12. SECTION 10. SSZVERABILITX EFFECT ON OTHER AGREEMENTS,
is revised to read:
Should any portion, section, or subsection of this
Agreement be held to be invalid by a court of competent
jurisdiction, that fact shall not affect or invalidate
any other portion, section or subsection; and the
remaining portions of this Agreement shall remain in
full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other mutual aid agreements, pursuant
to Section 252.40, Florida Sta u es, or interlocal
agreements, pursuant to Section 163.01, Florida Stat-
utes, those parties agree that said agreements are
;J
superseded by tnis agreemeuu --a .... ----a-••-. ----
ment assistance and activities performed in major
disasters, pursuant to this agreement. In the event
that two or more parties to this agreement have not
entered into another mutual aid agreement, and the
parties wish to engage in mutual aid, then the terms
and conditions of this agreement shall apply unless
otherwise agreed between those parties.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "EXHIBIT All as
indicated in the attached EXHIBIT A. The document attached to
the Agreement entitled "REQUIRED INFORMATION" is revised to be
titled "EXHIBIT B" as indicated in the attached "EXHIBIT B.' The
document attached to the Agreement and entitled "ACXNOALEDGKENT"
is revised to be titled "EXHIBIT c" as indicated in the attached
"EXHIBIT C."
14. This Modification shall become effective only as
between those counties and municipalities, and the State of
Florida, when they have actually executed a copy of the HODIFIC,%-
TION 11 TO STATEWIDE MUTUAL AID AGREEMENT containing identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
7
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF.THE CIRCUIT COURT
By:
ATTEST:
CITY CLERK
p Be,, ; r,
Q cy
COUNTY,
By: 2—Z� /
�a—z - --
Title Town Clerk
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
By; G,
Title - Yc-caDZ
8
BOARD OF
OF FLORIDA
(M-0-
DErman en Foster ./
APPROVED AS FORM: Q'W - 1771
office of the County Attorney
____
CITY OF Town of Gulf Stream
FL40RIDAA %
By
Title Mayor
APPROVED AS TO FORM:
Office of City Attorney
By:
m
3
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7u
T
v m�
�rn
rn
n`m
:9 G -)o
M
r3
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z
u�n�owa✓� nvavry ..��
EXHIBIT 1
Dates April 19, 1996
Name of Government: TOWN OF GULF STREAM
Mailing Address:
100 SEA ROAD
City, State, Zip: GULF STREAM, FLORIDA 33483
Authorized Representatives to Contact for Emergency Assistance:
Name:
Title:
ROBERT SCHULTZ
Police Chief
Address: 246 Sea Road, Gulf Stream, Florida 33483
Day Phone: 407-276-5116
Night Phone: 407-575-4374
FAX NO.: 407-737-0188
1st Alternate Representative
Name: F GrnmT N7IRRTTTrmnW
Title: Town Manaqer
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone:407-276-5116
Name; William F. Koch, Jr.
Title: Ma
Night Phone: 407-832-0861
Address: 100 Sea Road, Gulf Stream, Florida 33483
Day Phone: 407-276-6002
9
Night Phone: 407-276-5623
STATEAIDa XUTUAL AID AOREEXENT
REQUIRED INTORHATIOY
Each request for assistance shall be accompanied by the
following information, to the extent known:
1, General description of the damage sustained:
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transi:ortation, communications, public works and engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
10
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
S. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and servic-
es:
11
6. An estimated time and spec a iv r4u�o -�- — -
the Requesting Party to meet the personnel and equipment of any
Assisting Party.
12
STATEWIDE MUTUAL AID AGREEMENT
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTA21VE:
CONTACT NUMBER/ PROCEDURES:
1. Assistance To Be Provided:
Resource Type Amount Assignment Est. Time Arrival
2. Availability of Additional Resources:
3. Time Limitations, if any:
13