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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-151Temp. Reso. #9417 Page 1 of 3 June 4, 2001 6/7/01 — Revision #1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- IS I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA AND THE CITY OF TAMARAC WHICH PROVIDES FOR STATEWIDE MUTUAL AID IN THE EVENT OF A DISASTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide emergency and non -emergency services to the residents of the City; and WHEREAS, a disaster exceeds the ability of Tamarac and surrounding communities to provide and maintain necessary services for our community; and WHEREAS, the Department of Community Affairs of the State of Florida has developed a `Statewide Mutual Aid Agreement'; and WHEREAS, the City has previously participated in the Statewide Mutual Aid Agreement; and WHEREAS, it is only through the cooperative efforts of all service agencies in the state that we can provide services following a disaster; and WHEREAS, Tamarac may be the recipient as well as a provider under this agreement; and WHEREAS, a new agreement has been prepared and distributed by the Department of Community Affairs; and Temp. Reso. #9417 Page 2 of 3 June 4, 2001 6/7/01 — Revision #1 WHEREAS, the new agreement includes governmental entities of every description; and WHEREAS, the new agreement provides for binding arbitration to settle billing disputes; and WHEREAS, the new agreement provides for the termination of the previous agreement on June 30, 2001; and WHEREAS, it is the recommendation of the Fire Chief that Tamarac participate in this 'Statewide Mutual Aid Agreement'; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to enter into a Statewide Mutual Aid Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Statewide Mutual Aid Agreement (attached hereto as Exhibit A). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 Temp. Reso. #9417 Page 3of3 June 4, 2001 6/7/01 — Revision #1 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: Marion Swenson, CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION as to CITY ATTORNEY C day ofJUJ(J- , 2001. ,l E SCHREIBER, MAYOR RECORD OF COMMISSION MAYOR SCHRIEBER DIST 1: COMM. PORTNER _ DIST 2: COMM. MISHKIN _ DIST 3: V/M SULTANOF _ DIST 4: COMM. ROBERTS *F %* July 31, 2000 tiq4�i 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 Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one 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. ANO %* July 31, 2000 t1v4�i F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 .40%0 Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 AMP %* July 31, 2000 t1o4wi Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(l), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local 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). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 July 31, 2000 '*# %* in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 400 %* July 31, 2000 t 10 I% accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent.practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support 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; T *0 %* July 31, 2000 tiv4ri 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 shall transmit it without delay to the $equesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 *0 %* July 31, 2000 tv C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition ofAssistance. 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 as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 *# %* July 31, 2000 tlu4ri be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications 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, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by -an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. W AMP %* July 31, 2000 t1v4ri B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for'the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 July 31, 2000 .40F %+ 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 with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the 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 De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 AMP %* July 31, 2000 t 19 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, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 AMP %* July 31, 2000 tiv4*i Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting 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 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. 13 July 31, 2000 .40%0 this Agreement. Such records shall present ,information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8 :00 a.m. and S :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 require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall fife with the Division a certificate issued by the insurer attesting to such coverage. 14 *F %* July 31, 2000 t ZU4ft C. Any Participating Party that is self -insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self -insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 *# % * July 31, 2000 4%, Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 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 *0 %*- July 31, 2000 t i 9 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 400 %* July 31, 2000 4% D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Inte retation and Apl2lication of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 ANO %* July 31, 2000 tiq4wi Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. fM 400 %*- July 31, 2000 tiq4vi IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk Ott] Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney July 31, 2000 .400 %* t 19 4% DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: _, CITY CLERK By: Title: 21 Date: CITY OF 7A Al A 2 t9 �- STATE OF FLORIDA By: �--� Title: July 31, 2000 .40%0 t 19 4ft DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director DISTRICT, STATE OF FLORIDA Title: 22 Date: IN Title: Date: Approved as to Form: By: Attorney for District July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT FORM A Date: 6/14/0 Name of Government: Mailing Address: 7525 NW 88th Avenuw City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Jeffrey L Title: City Nw aaer_ — Address: 7525 NW 88th Avenue Day Phone: 954-724-1230 Night Phone: _g5a_��G_sz�aj Telecopier: 954-724-2454 InterNet: jeffm@tamarac.o First Alternate Representative Name: Jim Budzinski Title: Fim Chief Address: 7501 NW 88th Avenue, Tamarac, FL 33321 Day Phone: 954-724-2436 Night Phone: _ Telecopier: 954-724-2438 InterNet: j imb@tamarac.or Second Alternate Representative Name:_ „-; a Title: Director Address: Day Phone: 954-724-1350 Night Phone: _ Telecopier: 954--724-2409 InterNe 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 July 31, 2000 .*# %* Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 July 31, 2000 .*P %* Form B 4. Types of Resources Needed: 5. Description of Infrastructure- b. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 July 31, 2000 -*# % * Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: PV 400 %No July 31, 2000 t 19 4ft STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources 2. Estimated Time Resources Available: FFl July 31, 2000 .*# %* Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: S. Names of Supervisors for Assisting Party: 28 JUN-07-2001 THU 09:36 AM FLORIDA LEAGUE OF CITIES FAX NO, 407 317 7181 P. 02 CERTIFICATE OF COVERAGE Certificato Holder Administrator Issue Date 6/7/01 NT STATE OF FLORIDA DEPARTMENT OF Florida League of Cities, inc. COMMUNITY AFFAIRS Public Risk Services FLORIDA DIV15ION OF EMERGENCY P.O. Box 530065 MANAGEMENT Orlando, Florida 32853-0065 2555 SHUMARD OAK BOULEVARD TALLAHASSEF, FL 32399-2100 CQVCRACD$ THIS IS TO GCn•rIFY THAT TFIE AGREEMENT oLLOW I IAS BEEN ISSUED TO THE DE5IGNATCD MFMHER FOR TI IC COVERAGE PERI00 INDICATED. NOTWIYHSTANDING ANY RFOUMEMENT, TEfIM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMIiN'r WITH rMSPECT TO WHICH TIdIS CERTIFICATE MAY 39 I$$VED On MAY PtAYAIN, THE COVERAGE AFFOnUCD BY 7HE AGnEEMCNr DFSCRIRLD HERON IS SUOJECT TO ALL THE TERIM3, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST VCOVERAGE AGREEMENT NUMBER: FMIT 05(}4 PERIOD: FROM 1011 /00 COVERAGE PERIOD: TO 9/30/01 12:00 Midnight Standard Time TVPE OF COVERAGE - LIA131LITY TYPE OF COVERAGE - PROPERTY GDneral Liability ❑ Buildings ® Miscellaneous Comprohensive General liability, Bodily Injury, Property Damago and ❑ Basic Form ® Inland Marine Personal Injury ❑ Special Form Elootronic Data Procet;sing Errors and Omissions Liability 23 Personal Property ❑ Bond SUPIA' wma) Employmorrt Practice ❑ Basic Form Cl Enlployve Benefits Program Administration Liability ® Special Form (� Medical Attendants'/Mcdicgl Diroctors' Malproctice liability ❑ Agreed Amount Broad Form Property Damage 0 Deductible Stoploss $10,000 ❑ Low EnfUr'Goment Liability ® Coinsurance 100% Llndurgrouncl, Explv%icn & Collopso Hazard Blanket ❑ Specific Limits of Llobllity C4 Replacement Cost Ccmblocd Sindlo Limit ❑ Actual Cash Vallde Deduclibld Stoploss 025,000 Automobila Liability Limits of Liability on File with Administrator All owrod Auto., (Private Passcngtsr) TYPE OF COVERAGE - WORKERS' COMPENSATION © All owned Autos (0thor than Private Passoltder) V1 Hired ALItOS ® Statutory Workers' Compensation Non,Ownod ALItOS Employers Liability $1rOD0,000 Each Accident 01,000,000 By Disease Lirrtils of LiRbility $1,000,000 Aggregate 8y Diseaso " Combined Single Urnit ❑ Deductibla N/A Deductiblo Stoploss $25,000 ❑ Automobiia/Ecpdpmont — Deductible Physic, Damacgo Par Schedule-�Comprehowivo - Auto For Schedule - Collision - Auto Pcr Schedule - Miscellaneous Equipment C]lF>ler -i 110 limit of liability is $100,000 Bodily Injury and/or Property Damage per p(jrsan or $200,000 Bodily Injury and/or Properly Damage por occurrence. fhe5¢ spcoitic limits of liability are il)c,Daq%ed to $2,000,000 (combiru)d Single limit) per occurrenco, solely for any liability resulting from envy of a claims bill pursuant to Syction 768.26 (6) Florida StaLutes or liability Imposed pursuant to Federal Law or actions outside the State of Florida. Description of Oi)orntioits/LOaatiens/Vatliole9/Special Itorns T ^ Y w -�- fir: Statew(du MI,ITLIAI Aid Agreerrlent. THIS CkRTIFICATE IS ISSUED AS A MATT Ra OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CCRTIFIGATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND On ALTER THC 00YEBAOC AFFOlrcl?D BY THE AGRLAMPNT ABOVE, -.. _ r D[SIGNATE0 MEMBER 4ANCFI.LATIONS �' SHOULD ANY PART OF TIIC ABOVE DE5CRIDED AGREEMENT UG CANCELLED EEronr, THE EXPIRATION DAI'e THEREOF, THC ISSUING COMPANY WILL ENDEAVOR TO MAIL 50 DAYS CITY OF-rAMARAC�. WHI1•TEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TFIE 7525 NW 88T" AVENUE PROGnAM, ITS AGENTS OR RCPPP;I,NTATIVES, TAMARAC, FL 33321-2401 AUTHORIZED REPRESF".N'rATIVE +MIT-C,ERT (I0/9r3) I -� OF CIT �' !' `,``. vt ,i: is R JEB BUSH Governor STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Ded i cated to making Florida a better place to call home" February 13, 2002 Mr. Jeffrey L. Miller City Manager City of Tamarac 7525 Northwest 88t" Avenue Tamarac, Florida 33321 Dear Mr. Miller: STEVEN M.SEIBERT Secretary Enclosed for your records is a copy of the executed July 31, 2000 Statewide Mutual Aid Agreement between the City of Tamarac and the State of Florida, Department of Community Affairs. The City of Tamarac's participation in the Mutual Aid Agreement will further enhance Florida's ability to plan for, respond to, and recover from a future disaster. Your participation in the Statewide Mutual Aid Program is vital to Florida's Emergency Management System and is greatly appreciated. A report that lists all authorized representatives participating in the Statewide Mutual Aid Agreement is available upon request. Thank you for your prompt attention to this agreement. Should questions arise regarding the report or agreement, please call Ms. Wendy Stewart at (850) 413-9974 or wendy.stewartCc-bdca.state.fl.us. Respectfully, W. Craig Fugate, Director Division of Emergency Management WCF/wms cc: Sherman "Tony" Carper, Jr., Director Broward County Emergency Management 2 5 5 5 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781 Internet address: http://www.dea.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 July 31, 2000 4*i 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 Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. 0 B. Such disasters are likely to exceed the capability of any one 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. 0 July 31, 2000 40i F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions. may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. July 31, 2000 4% G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive • Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § l 89.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 0 3 *0 %+ July 31, 2000 t1v4*i Fla. Stat. (1999), or any Community College District within the meaning of § 240.3130), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local 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). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a maj or or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 0 4 July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. • C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 0 5 Awf%+ July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requestin'g Parties. To the extent -practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support 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; 0 6 July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of 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 shall transmit it without delay to the $equesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 0 7 *# % * July 31, 2000 At n4*i C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the • p 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 as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 0 8 *# %*- July 31, 2000 tiv be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications 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, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by -an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 0 9 July 31, 2000 4wi B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity fof the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 0 10 *# %* July 31, 2000 tiv4wi other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an.arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the 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 De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 0 11 *0 %*- July 31, 2000 tiv4*i 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, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 9 12 *# % + July 31, 2000 tiv4*i Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting 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 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. 0 13 July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present .information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than.official holidays. ARTICLE IX. Insurance. Each Participating Party shall 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 require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 0 - 14 400 %* July 31, 2000 4% C. Any Participating Party that is self -insured with respect to any line or lines of in- surance shall file with .the Division copies of all resolutions in current effect reflecting its determination to act as a self -insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Parry 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 per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 0 15 July 31, 2000 .40F %* B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. • D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended- E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 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 0 16 A no % + July 31, 2000 tiv4wi purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Anreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the. extent that the former may be inconsistent with the latter. 0 17 July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw • from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this • 18 *# % * July 31, 2000 t1v Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 • • July 31, 2000 .*f %+ t n4wi IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk 20 Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney 430 %* July 31, 2000 4*i t If 2002 FEB - 4 Pi t '�: 2 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: ltj Date: Director ATTEST: CITY CLERK By: Title:`%'/ G' 0 - 21 CITY OF %A Al A4 R- t9 e. STATE OF FLORIDA By: Title: July 31, 2000 .400 %* ft t W41V DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director DISTRICT, STATE OF FLORIDA En Title: 0 22 Date: Title: Date: Approved as to Form: By: Attorney for District is • July 31, 2000 .40 %* AtIV4*i STATEWIDE MUTUAL AID AGREEMENT FORM A Date: 6/14/01 Name of Government: Mailing Address: 7525 NW 88th Avenuw City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Rearesentative Name: Jeffrey L Title: City Manager Address: 7525 NW 88th Avenue Day Phone: 954-724-1230 Night Phone: q54 7')r g69 Telecopier: 954-724-2454 InterNet: jeffm@tamarac.org First Alternate Representative Name: Jim Budzinski Title Address: 7501 NW 88th Avenue, Tamarac, FL 33321 Day Phone: 954-724-2436 PO5��0 Night Phone: Telecopier: 954-724-2438 InterNet: jimb@tx-anarac.org Second Alternate Renresentative Name: Title: Director of Persr)nnel/Tni-s-rim Assist, t Address: , Day Phone: 954-724-1350 Night Phone: 91;a SA7 a5Q7 Telecopier: 954-724-2409 InterNetzr; a-,@t-^marac_ cxg 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 • July 31, 2000 4 • • STATEWIDE MUTUAL AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 • ARP %* July 31, 2000 tiv4wi STATEWIDE MUTUAL AID AGREEMENT Form B. 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 9 • July 31, 2000 .400%+ 4ft STATEWIDE MUTUAL AID AGREEMENT Form B. 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 • July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources : 2. Estimated Time Resources Available: • 27 July 31, 2000 .*# % * Form C. 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: • 28 0 .o 1 1 Temp. Reso. #9417 Page 1 of 3 June 4, 2001 6/7/01 — Revision #1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- IS I .ESOLUTION OF THE CITY COMMISSION OF THE CITY OF AMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY FFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE EPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF LORIDA AND THE CITY OF TAMARAC WHICH PROVIDES OR STATEWIDE MUTUAL AID IN THE EVENT OF A DISASTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide emergency and non -emergency services to the residents of the City; and WHEREAS, a disaster exceeds the ability of Tamarac and surrounding communities to provide and maintain necessary services for our community; and WHEREAS, the Department of Community Affairs of the State of Florida has developed a 'Statewide Mutual Aid Agreement'; and WHEREAS, the City has previously participated in the Statewide Mutual Aid Agreement; and WHEREAS, it is only through the cooperative efforts of all service agencies in the state that we can provide services following a disaster; and WHEREAS, Tamarac may be the recipient as well as a provider under this agreement; and WHEREAS, a new agreement has been prepared and distributed by the Department of Community Affairs; and Temp. Reso. #9417 Page 2 of 3 June 4, 2001 6/7/01 — Revision #1 WHEREAS, the new agreement includes governmental entities of every description; and WHEREAS, the new agreement provides for binding arbitration to settle billing disputes; and WHEREAS, the new agreement provides for the termination of the previous agreement on June 30, 2001; and WHEREAS, it is the recommendation of the Fire Chief that Tamarac participate in this 'Statewide Mutual Aid Agreement'; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to enter into a Statewide Mutual Aid Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Statewide Mutual Aid Agreement (attached hereto as Exhibit A). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. IJ Temp. Reso. #9417 Page 3 of 3 June 4, 2001 6/7/01 — Revision #1 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 13 day ofJUA-)— , 2001. JOE SCHREIBER, MAYOR ATTEST: / l'!' AA'�o�lif ��� � RECORD OF COMMISSION VOTE Marion Swenson, MAYOR SCHRIEBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN I HEREBY CERTIFY that I have DIST 3: V/M SULTANOF _d Approved this RESOLUTION as to f m. DIST 4: COMM. ROBERTS vn w1 4�-- — ... - CITY ATTORNEY 1 CERTIFICATE OF COVERAGE Certificate Hglder Administrator Issue Date 10/5/01 NT STATE OF FLORIDA DEPARTMENT OF Florida League of Cities, Inc. COMMUNITY AFFAIRS Public Risk Services FLORIDA DIVISION OF EMERGENCY P.O. Box 530065 MANAGEMENT Orlando, Florida 32853-0065 2555 SHUMARD OAK BOULEVARD 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 0584 COVERAGE PERIOD: FROM 10/1/01 COVERAGE PERIOD: TO 9/30/02 12:00 Midnight Standard Time TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ® Miscellaneous El Basic Form ®Inland Marine ® Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury ❑ Special Form ® Electronic Data Processing ® Errors and Omissions Liability ® Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ® Special Form ® Medical Attendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ® Deductible Stoploss $10,000 ❑ Law Enforcement Liability ® Coinsurance 100% ® Underground, Explosion & Collapse Hazard ® Blanket Specific Limits of Liability ®Replacement Cost * Combined Single Limit ❑ Actual Cash Value Deductible Stoploss $25,000 Automobile 'Liability Limits of Liability on File with Administrator ® All owned Autos (Private Passenger) TYPE OF COVERAGE -WORKERS' COMPENSATION ® All owned Autos (Other than Private Passenger) ® Hired Autos ® Statutory Workers' Compensation ® Non -Owned Autos ® Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability * Combined Single Limit ❑ Deductible N/A