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HomeMy WebLinkAboutR-01-75 RESOLUTION NO. R-Ol-75 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR P ARTICIP A TION IN THE STATEWIDE MUTUAL AID AGREEMENT FOR CA T ASTROPHIC DISASTER RECOVERY AND RESPONSE AS APPROVED BY THE INDIAN RIVER COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH CHAPTER252,FLORIDASTA TUTES; AUTHORIZING THECITY MANAGER AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, THE STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY; DESIGNATING THE CITY MANAGER AS THE CITY OF SEBASTIAN" AUTHORIZED REPRESENTATIVE"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River County Board of Commissioners approved Indian river County's participation in a Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (the "Agreement") on May 1 st, 2001; and WHEREAS, the Director of the Indian River County Department of Emergency Services has requested local governments in the County to consider participation in the Agreement; and WHEREAS, the City Council of the City of Sebastian, in the interest of protecting the public health, safety and welfare of the citizens of Sebastian, desire to participate in the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Manager and City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to execute the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, on behalf of the City, a copy of the Agreement having been attached to this Resolution as Exhibit "A" and by this reference incorporated herein. Section 2. AUTHORIZED REPRESENT A TIVE. The City Manager or his disignee is assigned as the City's "authorized representative." Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have to enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember Hi 11 The motion was seconded by Councilmember Majcher and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Mr. Joe Barczyk Mr. Ed Majcher Mr. James Hill Mr. Ray Coniglio aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of October, 2001. -2- ATTEST: - C?~e\"- \ \ . '/1 SaUyA. Ma' , CMC City Clerk .. Approved as to Form and Content: 1" [ \V\ CITY OF SEBASTIAN, FLORIDA By: JA) r,j~ ~~ Walter Barnes, Mayor -3- July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFF AIRS,-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 Emergene-y Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. I u 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. Defmitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with S 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 Govemor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. 1. 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 retum 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 9 189.403(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 S 230.01, 3 July 31, 2000 Fla. Stat. (1999), or any Community College District within the meaning of S 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within themeaningofs 163.01(3)(a),Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of S 11.45(1)( d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicabilitv of the Aereement. 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 Aereement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. 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 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- t propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities ofRequestinfl 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 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 Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific 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 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 ofthe Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by,an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any ofthe 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 forthe protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an.arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or video conference 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 conceming the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent 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 ofthe Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 July 31, 2000 Party may provide fuels, 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 oflike grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present jnformation 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. 14 July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with .the Division copies of all resolutions in current.effect reflecting its determination to act as a self-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all 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 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 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 July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution ofthis 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 . I 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 ofA2:reement. The interpretation and appli- cation of this Agreement shall be govemed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 July 31, 2000 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of 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 ofthat obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY C'T ^ T"C' nT:' T:'T nnTT> A O.lr>..lL VI' I'LVl\..1UJ-\. By: Chairman Date: Approved as to Form: By: County Attomey 20 July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: IJJd AXj Director ATTEST: CITY CLERK /'1 " '//1/,' . BYj_J~()jruiie V,j'.Ltud/fn,2. () Deputy Titl~: Ci ty Clerk Date: ,/ Date: F0:[P/\;-.;lL~i~ I''/' F~SPOi:S::. ?D!11U nr"'T F......, ; ;.;"," C;r.'. '- Uf '(.,~ .....'..,. il i....... v. hkg:~;I , , asti~tl Oct. 25, 2001 Approved as to Form: -~."--"'._--~':~/ ~\..,,- ~ ,_..,/; ',,- :(" \-,,')1\{\ \ \ .\____' By: \\ ' i',I.). ::;;>\ '\ City Attomey 21 "--.' July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director DISTRICT, STATE OF FLORIDA By: Title: Date: By: Title: Date: Approved as to Form: By: Attorney for District 22 July 31, 2000 ~ STATEWIDE MUTUAL AID AGREEMENT FORM A Date: 10/18, 2001 Name of Government: Ci ty of Sebastian Mailing Address: City, State, Zip: 1225 Main Street Sebastian, FI 32958 Authorized Representatives to Contact for Emergency Assistance: Primarv Representative Name: James A. Davis Police Chief Title: Address: 1201 Main Street, Sebastian, FI 32958 Day Phone: (561) 589-5233 xl 'Night Phone: (561) 770-3741 Telecopier: (561) 388-1872 InterNet: First Alternate Representative Name: David Puscher Title: Captain Address: 1201 Main Street, Sebastian, FL 32958 Day Phone: (561)589-5233 x15NightPhone: (561) 388-4772 Telecopier: (561) 388 -18 72 InterNet: Name: Second Alternate Representative Robert Lockhart Title: lieutenant Address: Day Phone: (561) 589-5233 x26Night Phone' (561) 388-0325 . cell (561) 473 0254 Telecopier: (561) 388 -18 72 InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee. Florida 32399-2100 1201 Main Street, Sebastian, FI 32958 j" .....J ACORD", INSURANCE BINDER I DATE 10/05/2001 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER I PHONE (954) 723-0939 COMPANY I BINDER # IAlC. No Ex!l: FAX (954) 723-0942 Coregis Insurance Company B01100503305 Risk Mana~ement Associates EFFECTIVE EXPIRATION DATE I TIME DATE I TIME 8211 West Broward Blvd, St#460 10/01/2001 I 12:01 A AM 10/31/2001 ~ 12:01 AM Pi antation, FL 33324 PM NOON I SUB CODE: I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: ! PER EXPIRING POLICY # ~S~~6~ER 1000001139 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED Sebastian, City of schedules 0 nfile with company FL 33401 sebastian,FL 32958 I COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS ~lanket property ~'100(] n/c 7,730,290 - BASIC 0 BROAD [8] SPEC EDP sublimit ~'100(] n/c 443 , 880 X Replacement Cost Equipment sublimit I "'lOOO n/e 2, 143 ,406 X Agreed Amount *1% named windstorm deductible applies GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FS 768.28 applies FIRE DAMAGE (Anyone fire) $ 50,000 I CLAIMS MADE [8] OCCUR MED EXP (Anyone person) $ 5,000 X Employee benefits PERSONAL & ADV INJURY $ Included X Law Enforcement Employee benefits is claims made coverage GENERAL AGGREGATE $ 3,000,000 - X EMT RETRO DATE FOR CLAIMS MADE: 10/01/2000 PRODUCTS - COMP/OP AGG $ Included AUTOMOBILE LIABILITY I FS 768.28 applies COMBINED SINGLE LIMIT 1$ 1,000,000 T ANY AUTO Fleet automatic coverage BODIL Y INJURY (Per person) $ N/A - ALL OWNED AUTOS BODILY INJURY (Per aCCIdent) $ N/A ~ SCHEDULED AUTOS PROPERTY DAMAGE $ N/A r-- N/A HIRED AUTOS MEDICAL PAYMENTS $ !-- NON-OWNED AUTOS PERSONAL INJURY PROT $ 10,000 - Isigned UM form required Rejected UNINSURED MOTORIST $ - 1$ I AUTO PHYSICAL DAMAGE DEDUCTIBLE ~ ALL VEHICLES U SCHEDULED VEHICLES I X I ACTUAL CASH VALUE +I COLLISION: 500 Includes $25000 hired auto physical damage I STATED AMOUNT $ Included X OTHER THAN COL: 500 ~utomatic fleet coverage I OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ f--- ANY AUTO OTHER THAN AUTO ONLY, I--- EACH ACCIOENT $ f--- AGGREGATE $ EXCESS LIABILITY ! EACH OCCURRENCE $ R UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM ! RETRO DATE FOR CLAIMS MADE: SEU'-INSURED RETENTION I $ I WC STATUTORY LIMITS WORKER'S COMPENSATION E.L. EACH ACCIDENT S AND EMPLOYER'S LIABILITY E.L DISEASE - EA EMPLOYEE S i EL DISEASE - POLICY LIMIT I S SPECIAL All coverages, exclusions, terms and conditions are determined FEES I S 21 CONDITIONS! solely by the actual policy forms and endorsements TAXES s Exempt OTHER COVERAGES SUBJECT TO RECEIPT OF APPRAISAL BY 12/1/01 108,407 ESTIMATED TOTAL PREMIUM S NAME & ADDRESS H MORTGAGEE H ADDITIONAL INSURED : , LOSS PAYEE ! LOAN # AUTHORIZED REPRESENTATIVE 1 ~~}~~~~, ~ . ".., a...... t:~=~. & I ACORD 75-5 (1/98) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE @ACORD CpRPORATION 1993 , I ACORo'M INSURANCE BINDER DATE 10/05/2001 , THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, PRODUCEf<' I ilJgN~o Exti: (954) 723-0939 COMPANY I ! BINDER # FAX (954)723-0942 Coregis Insurance Company B01100503304 Risk Management Associates EFFECTIVE EXPIRATION DATE TIME DATE TIME 8211 West Broward Blvd, St#460 10/01/2001 12:01 ~ AM 10/31/2001 ~ 12:01 AM Pl antati on, FL 33324 I PM NOON I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: I SUB CODE: PER EXPIRING POLICY #: ~S~~g~ER 1000001139 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED Sebastian, City of 1225 Main Street Sebastian, FL 32958 I COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS - o BROAD 0 SPEC BASIC - GENERAL LIABILITY CLMCF 1002 02/00 EACH OCCURRENCE $ 1,000,000 - Occurrence form N/A COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ I CLAIMS MADE o OCCUR Duty to defend MED EXP (Anyone person) $ N/A X Public Officials Lia $1000 deductible applies PERSONAL & ADV INJURY $ N/A - X Employment Practices GENERAL AGGREGATE $ 1,000,000 - N/A RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE $ f-- HIRED AUTOS MEDICAL PAYMENTS $ ~ NON.OWNED AUTOS PERSONAL INJURY DROT $ e-- I UNINSURED MOTORIST $ ~ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE U ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE ~ COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ - AGGREGATE $ EXC ESS LIABILITY EACH OCCURRENCE $ ~ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION EL EACH ACCIDENT $ AND EMPLOYER'S LIABILITY EL DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL All coverages, exclusions, terms and conditions are determined FEES $ CONDITIONSI solely by the actual policy forms and endorsements. OTHER TAXES $ COVERAGES ORIGINAL SIGNED APPLICATION REQUIRED ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE LOSS PAYEE I LOAN # AUTHORIZED REPRESENTATIVE ADDITIONAL INSURED I l h-:\.f;.~__ ?'>, \._.;.:..._.,.-.-~r'.)" ~, l; r;~~~~' (L,. ACORD 75-5 (1/98) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE @ACORD CORPORATION 1993