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HomeMy WebLinkAbout2001-24326 RESO RESOLUTION NO. 2001-24326 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT FOR RECIPROCAL EMERGENCY AID AND ASSISTANCE. 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, the Florida Department of Community Affilirs requires municipalities to participate in a Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 9G-19, Base Funding for County Emergency Management Agencies, and Municipal Competitive Grant and Loan Programs; and WHEREAS, the Administration would recommend that the Mayor and City Commission approve the attached Mutual Aid Agreement with the State of Florida, Division of Emergency Management. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Florida Statewide Mutual Aid Agreement for Reciprocal Emergency Aid and Assistance. PASSED AND ADOPTED THIS 18th DAY OF April ,2001. ATTEST: J(~o f~c!--- CITY CLERK ~M MAYOR JMG/MDBIFJ/ey APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 1f~ ~(g~tJl "8Y Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.u5 COMMISSION MEMORANDUM NO. 2.09 - 0 J TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: April 18, 2001 Jorge M. Gonzalez \ \I\~ City Manager a"-G SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT FOR RECIPROCAL EMERGENCY AID AND ASSISTANCE. FROM: ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. ANALYSIS The Statewide Mutual Aid Agreement for catastrophic disaster response and recovery is authorized under the State Emergency Management Act. It provides for reciprocal emergency aid and assistance from the state and other political subdivisions that are a party to this agreement for those emergencies too extensive to be dealt with unassisted. It will provide the City of Miami Beach, through county, state and federal agencies, personnel and equipment needed in the event of a hurricane or natural disaster beyond our capacities and control. Requests for Mutual Aid shall be transmitted by the authorized representative or the director of the local Emergency Management Agency and all requests for assistance under this agreement shall be limited to catastrophic disasters. Assisting parties to this agreement will have the following advantages: I. The agreement will enhance the ability of local government to receive resources more rapidly. 2. The agreement embodies the "Neighbor helping Neighbor" concept. 3. The agreement will expedite disaster-related reimbursements for local governments provided the counties and/or municipalities are participants of the Statewide Mutual Aid agreement. Agenda Item C7 H Date '1-/8 -0 I April 18, 2001 Mutual Aid Commission Memorandum Page 2 4. The agreement will allow the CMB to participate in the municipal competitive grant program of the Department of Community Affairs. The City of Miami Beach had approved the previous agreement. There have been some changes made to the new agreement. Some of the major differences in the new Statewide Mutual Aid Agreement are: . 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. . Independent Special Districts (such as Water Management Districts, Mosquito Control Districts, Fire Control Districts, etc.) have been added to the Statewide Mutual Aid Agreement, creating access to a broader array of resources. Miami-Dade County has already considered and approved this agreement; the other municipalities in the county have approved or are in the process of approving the agreement. It is my recommendation that the City of Miami Beach approves this agreement. JMG!l~>FJ/ey IJ1't Attachments \\CH2\SYS\CMGRIAGENDA\2001\apr1801\CONSENTlMUTAIDCOM.doc e STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS , ,."\ / '~;'.1 /-) -) I _ 1_. '..i', /.") , /: rl._ /"'~ I '? t\~ I 'D e d ; cat e d tom a kin g F/ 0 r ; d a a bet t e r p I ace to c a /I h 0 m e' IEB BUSH Governor STEVEN M. SEIBERT Secretary September 25,2001 "'-1 Mr. Jorge M. Gonzalez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 'm',,' (,', (,.) 1'-,.1 o -'n Il\ Dear Mr. Gonzalez: Enclosed for your records is a copy of the executed July 31, 2000 Statewide Mutua! Aid Agreement between the City of Miami Beach and the State of Florida, Department of Community Affairs. The City of Miami Beach's participation in the Mutua! Aid Agreement will further enhance Florida's ability to plan for, respond to, and recover from a future disaster. Your participation in the Statewide Mutua! 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 Mutua! 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 wendv.stewart(a)dca.state.f1.us. r~ 'J Respectfully, r- W. Craig erim Director Division of Emergency Management WCF/wms Enclosure cc: Charles Lanza, Director Miami-Dade County Emergency Management 2 S S S SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 18501 488-8466/Suncom 278-8466 FAX: (850) 921.o781/Suncom 291.0781 lnterne[ address: hno:II~.dca_state.f1.us CRITICAL STATE CONCERN FiElD OFFICE 2796 Oveneas Highway, Suite 212 .-.ur.1lhon, Fl ]]050..2227 (J05128~2402 COMMUNITY PlANNING 2555 Shumard Oak Boulevard Tallahassee. Fl ]2399-2100 (8501488.2]56 EMERGENCY MANAGEMENT 2SSS ShulNtd Oak Boulevard TaUahas~.Fl ]2399-2100 (850J41)-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, fl 32399-2100 j8501488_7956 July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEP ARTMENTOF 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 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. Certified as true IIId correct copy July 31, 2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ' ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 Certified as true and correct copy July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with ~ 252.35{2Xa), 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. {I 999), 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 Certified as true and correct copy July 31, 2000 Fla. Stat. (1999), or any Community College District within the meaning of S 240.313(1), Fla. Stat. (1999). Moo An "interlocal agreement" is any agreement between local governments within the meaning of S 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of S I I.45(IXd), 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. Aoolicabilitv 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 AlZI'eement. 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 Cel1ifiecl Q" .. 8ndcorrect CiJf?Y 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- I propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary eIsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 Certified as tr\J~ ...correct copy July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. ResoonsibiIities of Reouesting 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; 6 Certified as true IInd correct copy 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. Resoonsibilities of Assistine Parties. Each Participating Partyshall,render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has'received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 Certified as true end correct copy July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific 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 Certified as true and correct copy July 31, 2000 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall detennine 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. 9 Qertified as tru", end correct copy July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the . Assisting Party sh8Il have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subj ect 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 Certified as true end correct copy July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference orvideoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the 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. 1. 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 Certified as true and correct copy July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent 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 ordinal)' wear and tear. With the consent of the Assisting Party, the Requesting 12 Certified as true and correct copy July 31, 2000 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 nonnal 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 A~sisting 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 oflike grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 Certified as true and correct copy 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 itselfwhat insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 Certified as true end correct COpy July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shaIl 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 ofliability 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 Certified as true and correct copy July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All biIls 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 biIls represent costs incurred for travel, such biIls 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 employmentrestric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 Certified as tru"" and correct copy .. July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Al!reement. 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 tennination 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 unbiIled. 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 Certified as true and correct copy 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 (I) 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 ofits intent to do so within that time in accordance with Section E of this Article. ARl1CLE XII. Interpretation and AopIication of Al!1'eement. The interpretation and appIi- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 Certified as true and correct copy July 31, 2000 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or 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 Certified as true end co"ect copy July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have du 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 CO By: Deputy Clerk ; Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney 20 July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA AlTEST: CITY CLERK By: --.Jet 1\-..J ~"Ld~ Title: Robert Parcher, City Clerk . APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Cilv Ntorney 62Vt'" Deia BY: ^ M.AC) I Director " , '\ Florida Division of Eirergency l"anagenent RECEIVED PHEPA~.;:r:,,~;:c:-=: J ~c-C't'\o..,....- . ........,'......".'.........,;"I.....;Ir' i.:J.:. ZOOI 'Cr.-v?? ": '. 27 vt...l ,"-,_ I, j i' Date: 'I~'2o -0 I , CITY OF Miami Beach :ATEOF'!Jr Title: Neisen Kasdin, Mayor Date: .B.pn I 2-to,; 7-Vu I Approved as to Form: ByA!1 it}YL- City Attorn DATE: 1 /)0/0-0 0 ~ 21 Certified as true and correct COpy July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director DISTRICT, STATE OF FLORIDA By: Title: Date; By: Title: Date: Approved as to Form: By: Attorney for District 22 - - (" '."-~ jA> ~ ~ July31,2000 ~UJ STATEWIDE MUTIJAL AID AGREEMENT FORM A Date: August 16, 2001 Name of Govemment: Ci tv of Miami Beach Mailing Address: 1700 Convention Center Drive City,State,Zip: Miami Beach. Florida 33139 Authorized Representatives to Contact for Emergency Assis1anCe: Prima", ReDrantative Name: Jorge M. Gonzalez Title: City Manager Address: 1700 Convention Center Drive DayPbone: :305-673-7010 NlgbtPbone: 305-6'95-0553(Home) Telecopier: 30~-6 73-7782 InterNet: J orgegonzalez@ci.miami-beach. fl. us Cell: 305-308-0663 Fint Alternate Renl"e!eld.tive Name: Floyd Jordan Title: Fire Chief 2300 Pine Tree Drive MB, FL 33139 Address: DayPbooe: 305-673-7120.708'NigbtPbone: 305-625-8598(Home) Tclccopier: 305-673-7881 I J PI l pager: :505 841-0238 7788 Second Alternate ReOl"Henbrive or 305-318-20lE Cellular Name: Richard Barreto Title: Police Chief Address: 1100 Washington Avenue Day PhoDe: 305-673-7925 Night Pbone: 305-335-6434 (cell) Telecopier: 305-673-7065 InterNet: RBarreto@ci. miami - beach. fl. us , pager: jU~-~41-1~bj PLEASE UPDATE AS ELEC710NS OR APPOINTMENTS OCCUR ReNm to:De1)anmeDI of Community Affairs-Division of Emergenc:y Manqement ;zj" Sbumard 001: Soulevard - Tall......... Florid. J:zJ99.~IOO 23 Certified as true and correct copy July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 Certified as true end correct copy July 31, 2000 STATEWIDE MUlUAL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description ofInfrastructure: 6. Description of Staging Facilities: 7. Description of TelecommunicatioDs Resources: 25 Certified as true and correct copy July 31, 2000 STATEWIDE MUTIJAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 Certified as true and CO"ect COpy July 31, 2000 STATEWIDE MUTIJAL 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: Certified as true and correct copy 27 July 31, 2000 STATEWIDE MUTIJAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description oCTelecommunications Resources: 5. Names oC Supervisors Cor Assisting Party: Certified as true and correct copy 28 e STATE OF FLORIDA DE PAR T MEN T 0 F COM M U NIT Y A F F A IRS -'j'> ., l_""'-;.' -.) "') , 0., /".. /,.0.". '? Clc:).I 'Oed i cated Ca making Florida a better place Co call harne' IEB BUSH Governor STEVEN M. SEIBERT Secretary September 25, 2001 "~ Mr. Jorge M. Gonzalez, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 ~m"" -,J (,', I",) \'--''1 , I o -r"l: Pl Dear Mr. Gonzalez: Enclosed for your records is a copy of the executed July 31, 2000 Statewide Mutual Aid Agreement between the City of Miami Beach and the State of Florida, Department of Community Affairs. The City of Miami Beach's pmticipation 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 wendv.stewartuv.dca.state.tlus. r~ ., Respectfully, \' W. Craig erim Director Division of Emergency Management WCF/wms Enclosure cc: Charles Lanza, Director Miami-Dade County Emergency Management 2 S 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: hnD:/lwww.dca.state.tl.U5 CRITICAL STA.TE CONCERN FiElD OFfiCE 2796 Overseas Highway, 5uile 212 M.lIr.uhon, Fl 33050-2227 ()05) 269-2402 COMMUNITY PLANNING 2555 Shumard Oak BouJ~;lrd T.JIllahassee, Fl 32399-2100 (850)488-2356 EMERCENCY MANACEMENT 2555 Shumard cnk Boulevard Tallilhassee,Fl 32399-2100 (850)41)-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard TaJlahasSl"e. FL 32399-2100 (850)488-7956 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 nttp:\\cLmiami-beach. fl. us RISK MANAGEl\.'lENT DEPARTMENT Telephone: (305) 673-7014 FAX (305) 673-7023 July 2, 200 I ...., -0 = '" = '" ~ ;xl "'::0 SfTl r;;n OOfTl u>- >:.< fT1 ~D 00 -0 ~ u> '" " :I: r:i> w en Mr. M. McDonald State of Florida Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 (... c:: r- N -.l Re: City of Miami Beach Liability Insurance/Statewide Mutual Aid Agreement Dear Mr. McDonald: This letter will confirm that liability insurance is provided through the City of Miami Beach Self- Insurance Fund. All claims for bodily injury and property damage for which the City of Miami Beach becomes liable, will be covered in accordance with and subject to the limitations of Florida Statute 768.28. Sincerely, CL f:\risk\$all\self-ins\Jiabilit.ltr