RESOLUTION NO. 2024-06-432  ARESOLUTION OFTHE CITYOFLYNNHAVEN,FLORIDA, ADOPTINGTHE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT STATEWIDE MUTUAL AID AGREEMENT; AUTHORIZING THE MAYOR1 TO EXECUTE THE. AGREEMENT; AND PROVIDING. ANI EFFECTTVE DATE. WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event ofa  disaster or emergency; and  WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or its political subdivisions for use ini the affected area upon the request oft the duly constituted authority oft the area; and  WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance with the Emergency Management Act, Chapter 252, among  political subdivisions within the State; and  NOW THEREFORE BE IT RESOLVED by the City Commission oft the City ofLynn SECTION 1. That in order to maximize thej prompt, full and effective use ofresources of all participating government in the event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached hereto and incorporated herein by reference  Haven as: follows:  (the "Agreement").  SECTION:2. That the Mayor is hereby authorized to execute the. Agreement. SECTION: 3. This Resolution shall become effective upon adoption.  PASSED AND ADOPTED this 25th day of June 2024, by the Lynn Haven City  Commission: meeting in regular session.  CITY OFI LYNN HAVEN, FLORIDA  4 -  ATTESY  Cl an  Vickie Gainer, Cley Manager/Clerk    Statewide Mutual Aid Agreement    STATE OF FLORIDA  FDEW  DIVISION OF EMERGENCY MANAGEMENT  Ronl DeSantis, Governor  Kevin Guthrie, Executive Director  STATEWIDE MUTUAL AID AGREEMENT-2023  This Agreement is an acknowledgment of receipt by the Florida Division of Emergency Management ('the Division") and the local government ("Participating Party") signing this Agreement. Execution ofthis agreement replaces all previous iterations and is active untilar new  agreement is drafted and requested by The Division.  This Agreement is based on the existence oft the following conditions:  A. The State of Florida is vulnerable to a wide range of emergencies and disasters that are likely to cause the disruption of essential services and the destruction of the B. Such emergencies and disasters often exceed the emergency response and recovery C. Suchi incidents may also give rise to unusual and unanticipated physical and technical needs which al local government cannot meetv with existing resources, butthatotherlocal D. The Emergency Management Act, chapter 252, Florida Statutes, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid in case ofemergencies too extensive tol be dealt with unassisted, and through such agreements ensure the timely reimbursement of costs incurred by the local govemments which render such assistance. E. Pursuant to chapter 252.32, Florida Statutes, the Division renders mutual aid among the political subdivisions of the state to carry out emergency management functions F. Pursuant to chapter 252, Florida Statutes, the Division has the authority to coordinate and direct emergency management assistance between local governments and  infrastructure needed to deliver those services. capabilities of any one county or local government.  govemments within the State of Florida may be able to provide.  and responsibilities.  concentrate available resources where needed.  Based on the existence oft the foregoing conditions, the Parties agree to the following articles: As used ini this Agreement, the following expressions shall have the following meanings: A. The Agreement" is this Agreement, which shall be referred to as the Statewide Mutual  ARTICLE :: DEFINITIONS  Aid Agreement ("SMAA").  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FlonidaDsaster.aIg  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  B. The "Division" is the Florida Division of Emergency Management.  C. A" "Requesting Party" to this Agreement is a Participating Party ywho requests assistance D.A An "Assisting Party" to this Agreement is a Participating Party who provides assistance E. The "Period of Assistance" is the time during which an Assisting Party renders assistance to a Requesting Party under this agreement and includes 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 tot their place F.A" "Mission" is a documented emergency response activity performed during a Period of Assistance, usually in reference to one operational function or activity. G.A "local government" is any educational district, special district, or any entity that is a "local governmental entity" within the meaning ofs section 11.45(1)(g), Florida Statutes. H. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes, and any Florida College System Institution or State University within I.A A "special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, established by local, special, or general act, or by rule, ordinance, resolution, ori interlocal J.A A"tribal council" is the respective governing bodies of the Seminole Tribe of Florida and Miccosukee Tribe of Indians recognized as special improvement district by section K. An interlocal agreement" is any agreement between local governments within the L. A" "Resource Support Agreement" as used in this Agreement refers to a supplemental agreement of support between a Requesting Party and an Assisting Party. M. "Proof of work" as used in this Agreement refers to original and authentic documentation of a single individual or group of individuals' emergency response activity at a tactical  under this agreement.  toal Requesting Party under this agreement.  oforigin.  the meaning of section 1000.21, Florida Statutes.  agreement.  285.18(1), Florida Statutes.  meaning ofsection 163.01(3)(a), Florida Statutes.  level.  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.F ForidaDisaster.arg  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  DEM  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive. Director  N. "Proof of payment" as used in this Agreement refers to original and authentic documentation of an emergency response expenditure made by an Assisting Party. O. A'Reimbursement: Package" as used int this Agreement refers to at fulla account ofr mission response documentation supported by proof of work and proof of payment. P. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, Chapter 252, Florida  Statutes.  ARTICLE I: APPLICABILITY OF THE AGREEMENT  Any Participating Party, including the Division, may request assistance under this Agreement for a" "major disaster" or" "catastrophic disaster" as defined in section 252.34, Florida Statutes, minor disasters, and other such emergencies as lawfully determined by a Participating Party.  ARTICLE Il: INVOCATION OF THE AGREEMENT  In the event of an emergency or anticipated emergency, a Participating Party may request assistance under this Agreement from any other Participating Party or the Division if, in the judgement of the Requesting Party, its own resources are inadequate to meet the needs of the A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be confirmed in writing by the Requesting Party. All requests for assistance under this Agreement shall be transmitted by the Requesting Party to another Participating Party ort the Division. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. B. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate and coordinate the activities of the Assisting Parties to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State's Comprehensive Emergency  emergency or disaster.  Management Plan.  ARTICLE MV: RESPONSIBILITIES OF REQUESTING PARTIES  To the extent practicable, all Requesting Parties shall provide the following information to their respective countyemergency. management agency, the Division, and thei intended. Assisting Party or Parties. In providing such information, Requesting Parties should utilize Section I of the  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wwwFloricaDlsaster.ar  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  Resource Support Agreement (RSA) Form, available via the Division approved documents  SharePoint site'.  A. Ad description of the Mission to be performed by the Assisting Party;  B. A description of the resources and capabilities needed to complete the Mission C. The location, date, and time personnel and resources from the Assisting Party should arrive at the incident site, staging area, facility, or other location designated by the D. A description of the health, safety, and working conditions expected for deploying  successfully;  Requesting Party; personnel;  E. Lodging and meal availability; F. Any logistical requirements;  G.A description of any location or façility outside the territorial jurisdiction of the Requesting Party needed to stage incoming resources and personnel; H. The location date, and time for personnel of the Requesting Party to meet and receive the personnel and equipment oft the Assisting Party; and At technical description of any communications equipment needed to ensure effective information sharing between the Requesting Party, any Assisting Parties, and all  relevant responding entities.  ARTICLE V: RESPONSIBILITES OF ASSISTING PARTIES  Each Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources, and capabilities can render assistance. If upon receiving a request for assistance under this Agreement a Party determines that it has the capacity to render some or all ofsuch assistance, it shall provide thei following information without delay to the Requesting Party, the Division, and the Assisting Party's County emergency management agency. Inj providing such information, the Assisting Party should utilize the Section Ilof the Resource Support Agreement (RSA) Form, available via the Division approved  documents SharePoint site.  'FDEMa approved documents such as activityl logs andn mutual aidf forms cant bef founds at:  nmpsupontaionisadasastrPPRNPROCFROCPROC.DAOAmENFmANImaPE-ATPBPACFBDAADCONADABE22DB8OF  6%7D  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 WwWFgrigaDsasteLoIo  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Ron! DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  A. A description of the personnel, equipment, supplies, services and capabilities it has available, together with a description oft the qualifications of any skilled personnel; B. An estimate oft the time such personnel, equipment, supplies, and services will continue C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and D. A technical description of any communications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting E. The names and contact information of all personnel whom the Assisting Party has  to be available;  services to the location(s) specified by the Requesting Party;  Parties;  designated as team leaders or supervisors; and F.A An estimated cost for the provision of assistance.  ARTICLE Vi: RENDITION OF ASSISTANCE  The Requesting Party shall afford the emergency response personnel of all Assisting Parties, while operating within the jurisdictional boundaries of the Requesting Party, the same powers, duties, rights, and privileges, except that ofa arrest unless specifically: authorized by the Requesting Party, as are afforded the equivalent emergency response personnel of the Requesting Party. Emergency response personnel of the Assisting Party will remain under the command and control of the Assisting Party, but during the Period of Assistance, the resources and responding personnel oft the Assisting Party will perform response activities under the operational and tactical A. Unless otherwise agreed upon between the Requesting and Assisting Party, the Requesting Party shall be responsible for providing food, water, and shelter to the personnel of the Assisting Party. For Missions performed in areas where there are insufficient resources to support responding personnel and equipment throughout the Period of Assistance, the Assisting Party shall, to the fullest extent practicable, provide their emergency response personnel with the equipment, fuel, supplies, and technical resources necessary to make them self-sufficient throughout the Period of Assistance. When requesting assistance, the Requesting Party may specify that Assisting Parties send only self-sufficient personnel and resources but must specify the length of time  control of the Requesting Party.  self-sufficiency should be maintained.  DIVISION MEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www.FloridaDsaster.org  STATE LOGISTICS RESPONSE CENTER 2702 Directors 32809-5631 Row Orlando, FL    STATE OF FLORIDA  DEN  DIVISION OF EMERGENCY MANAGEMENT  Ronl DeSantis, Governor  Kevin Guthrie, Executive Director  B. Unless the Requesting Party has specified the contrary, it shall, to the fullest extent practicable, coordinate all communications between its personnel and the responding personnel of the Assisting Parties, and shall determine and share the frequencies and other technical specifications of all communications equipment to be used, as C. Personnel of the Assisting Party who render assistance under this Agreement shall receive the usual wages, salaries, and other compensation as are normally afforded to personnel for emergency response activities within their home jurisdiction, and shall have all the immunities, rights, interests, and privileges applicable to their normal employment. If personnel of the Assisting Party hold local licenses or certifications limited to the jurisdiction ofi issue, then the Requesting Party shall recognize and honor those licenses or certifications fori the duration of the Period of Assistance.  appropriate, with the deployed personnel oft the Assisting Parties.  ARTICLE VII: REIMBURSEMENT  After the Period of Assistance has ended, the Assisting Party shall have 45 days to develop a full reimbursement package for services rendered and resources supplied during the Period of Assistance. All expenses claimed to the Requesting Party must have been incurred in direct response tot the emergency: as requested by the Requesting Party and must be supported by proof To guide the proper documentation and' accountabilty of expenses, the Assisting Party should utilize the Claim Summary Form, available via the Division approved documents SharePoint site as ag guide and summary ofexpense to collect information tot then bei formally submitted for review Toreceive reimbursement fora assistance provided under this agreement, the Assisting Party shall provide, at a minimum, the following supporting documentation to the Requesting Party unless A. Acomplete and authentic description ofe expenses incurred by the Assisting Party during  ofwork and proof of payment.  by the Requesting Party.  otherwise agreed upon between the Requesting and Assisting Parties:  the Period of Assistance;  B. Copy ofa a current and valid Internal Revenue Service W-9 Form;  C. Copies of all relevant payment and travel policies in effect during the Period of D. Daily personnel activity logs demonstrating emergency response activities performed for all time claimed (for FDEM reimbursement Division approved activity logs will be  Assistance;  required for personnel activity claims);  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL: 32399-2100  Telephone: 850-815-4000 wwwFlpridaDsasterais  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Roni DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  E. Official payroll and travel reimbursement records for all claimed personnel expenses; F. Neat and comprehensive fringe benefit calculations for each position class or category G. Written justification for all additional expensesPurcnases incurred during the Period of H. Proof of payment for datona/miscelaneous expenses incurred during the Period of Equipment activity logs demonstrating equipment use and operation in support of emergency response activities for all time claimed (for FDEM reimbursement Division J. - Proof of reimbursement to all employees who incurred emergency response expenses  of claimed personnel; Assistance; Assistance  approved forms will be required for equipment activity claims);  with personal money;  K. Justification for equipment repair expenses; and  L. Copies of any applicable supporting agreements or contracts with justification. Ifa dispute or disagreement regarding the eligibility of any expense arises, the Requesting Party, Assisting Party, or the Division may elect binding arbitration. If binding arbitration is elected, the Parties must select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Division, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a Ifthel Participating Parties do not elect binding arbitration, this agreement: and any disputes arising thereunder shall be governed by the laws of the State of Florida and venue shall be in Leon County, Florida. Nothing in this Agreement shall be construed to create an employeremployee relationship or a partnership or joint venture between the participating parties. Furthermore, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by  thus chosen shall select another such official as a third arbitrator.  majority oft the arbitrators shall bind the parties and shall be final.  either Party to be sued by third parties. DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-ForidaDsaste.arg  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEM Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  ARTICLE VIII: COST ELIGIBLE FOR REIMBURSEMENT  The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed 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 employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA' S Schedule of Equipment, or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. 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 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 toi the Assisting Party. Ifthe 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 C.T 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 ofs 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  tor make the Assisting Party whole to the fullest extent practicable.  ofe employment.  any oft the costs for such damage that may otherwise be payable.  DIVISION HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wwwFlprideDsaster.arg  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  supplies in usable condition and of like grade, quality and quantity within the time allowed 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 requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida. Upon reasonable notice, the Assisting Party shall make its records available the Requesting Party for inspection or duplication between 8:00 a.m.  for reimbursement under this Agreement.  and 5:00 p.m. on all weekdays, except for 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 A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may bei injured while performing any activities under the authority of this B. Participating Parties may. elects additional insurance affording liability coverage fora any activities that may be performed under the authority of this Agreement. C. 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 ori in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. D. 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. E. Nothing in this Agreement shall be construed to relieve any Participating Party of liability F. Nothing in this Agreement shall be construed to obligate any Participating Party to  Party to procure insurance.  Agreement, and shall be provided to each Participating Party.  for its own conduct and that ofi its employees.  indemnify any other Participating Party from liability to third parties.  DIVISION KEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-FlorisaDsaster.or  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  ARTICLE X: GENERAL REQUIREMENTS  Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance oft this Agreement: A. 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. B. No Participating Party may hire employees in violation of the employment restrictions in C.N No costs reimbursed under this Agreement may be used directly ori indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of D. Any communication to the Division under this Agreement shall be sent via either email, the Division of Emergency Managements Enterprise System (DEMES), or mail to the Response Bureau, Florida Division of Emergency Management, 2555 Shumard Oak E. Any communication to a Participating Party shall be sent to the official or officials specified by that Participating Party. For the purpose of this section, any such communication may be sent by the U.S. Mail, e-mail, or othere electronic platforms.  the Immigration and Nationality Act, as amended.  its agencies.  Boulevard, Tallahassee, Florida 32399-2100.  ARTICLE Xi: EFFECTS OF AGREEMENT  Upon its execution by a Participating Party, this Agreement shall have the following effect with 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, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid. Agreement of 1994, regardless ofwhether such costs are 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 the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public' Works Mutual Aid Agreement,  respect to that Participating Party:  DIVISION MEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 www-FlnitaDisaste.arg  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEM, Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  regardless of whether such costs are billed or unbilled. that the former may be inconsistent with the latter.  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 D. 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 automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, ofi its intent E.T The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date ofi its execution by the Division and shall then be binding on alll Participating Parties. Notwithstanding: the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section F of F.A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days. prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency ARTICLE XII: INTERPRETATION AND. APPLICATION OF AGREEMENT  to withdraw from the Agreement..  this Article.  Managements Enterprise System (DEMES), or certified mail.  Theinterpretation and application oft this Agreement: shalll be governed by thet following conditions: A. The obligations and conditions resting upon the Participating Parties under this B. Time shall be oft the essence oft this Agreement, and oft the performance of all conditions, C.T 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 otheri than those  Agreement are not independent, but dependent.  obligations, duties, responsibilities, and promises under it.  expressed in this Agreement.  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wm.FloidaDisast-.on  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  DEN  DIVISION OF EMERGENCY MANAGEMENT  Ron DeSantis, Governor  Kevin Guthrie, Executive Director  D. Ifany sentence, clause, phrase, or other portion of this Agreement is ruled unenforceable ori invalid, every other sentence, clause, phrase, or other portion of the Agreement shall remain in full force and effect, itl being thei intent oft the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion oft this Agreement that conflicts with state law, regulation, or policy. Ifthe change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Parties may be required to execute the Agreement with the adopted changes. Any continued or subsequent use of this Agreement following the posting of minor changes to this E.T The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: This iteration of the State of Florida Statewide Mutual Aid Agreement will replace The Division shall provide reimbursement to Assisting Parties in accordance with the terms and conditions set forth in this Article for missions performed at the direct request of the Division. Division reimbursement eligible expenses must be in direct response to the emergency as requested by the State of Florida. All required cost estimations and claims must be executed through the DEMES Mutual. Aid Portal and assisting agencies must use all required FDEM forms fordocumentation: and cost verification. Ifa Requesting Party has not forwarded a request through the Division, ori ifa an Assisting Party has rendered assistance without being requested to dos soby the Division, the Division shall not be liable for the costs of any such assistance. FDEM reserves the right to deny individual reimbursement requests ifc deemed to not be in direct IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the date specified  Agreement shall signify implied acceptance of such changes.  all previous versions.  response to the incident for which asset was requested.  below:  DIVISION EADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 wwwFinridDsaster.ais  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDEN Ron DeSantis, Governor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  FORADOPTION BY A CITY  STATE OF FLORIDA  DIVISION OF EMERGENCY MANAGEMENT By: IanGuidiell Kevin Guthrie, Executive Director or lan Guidicelli, Authorized Designee  Date: 6/28/2024  ATTEST: By:  CITY OF. LYNNH HAVEN STATE OF FLORIDA  CITY CLERK/MANAGER  By:. MAYOR Title: Date:. 11 Approved  okiklen Title: CiyMonagel  B-244  --  Banu  City  5  DIVISION MEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone: 850-815-4000 .oncaDsaste.or,  STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631    STATE OF FLORIDA  FDE Ron DeSantis, Govemor  DIVISION OF EMERGENCY MANAGEMENT  Kevin Guthrie, Executive Director  STATEWIDE MUTUALADACREENENT-SANPLEATAGANENT  Encompassed Entities  This notice is an acknowledgment of an amendment to the 2023 SMAA by the Florida Division of Emergency Management ("the Division") which allows parent entities to include individual departments and subdivisions, within their authority, to be listed as SMAA designees eligible By our authority and adoption of the attached 2023 Statewide Mutual Aid agreement, as the parent entity, the following departments and subdivisions will be included as SMAAsignatories All entities listed herein will still require access to the DEMES Mutual Aid System for FDEM  for SMAA request and assistance procedures.  for all asset request, assistance, and applicable reimbursement processes:  Reimbursement, process requirements. City of Lynn Haven Fire Department City ofL Lynn Haven Police Department  DIVISTON HEADQUARTERS 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100  Telephone 850-815-4000 www.foitaDsater.org  STATELOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL: 32809-5631