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CLERK'S ORIGINAL
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida
(the "Department"), and all the local governrnents 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 governrnent to cope
with the disaster with existing resources.
C. Such disasters may also give rise to unusual technical needs that the local governrnent
may be unable to meet with existing resources, but that other local governrnents may be able to offer.
D. The Emergency Management Act, as amended, gives the local governrnents 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 governrnents 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 governrnents during emergencies
and to concentrate available resources where needed.
July 31, 2000
F. The existence in the State of Florida of special districts, educational districts, and other
regional and local governrnental 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 governrnents 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.
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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 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 governrnental entity which is an in-
dependent special district within the meaning of S 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,
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July 31, 2000
Fla. Stat. (1999), or any Community College District within the meaning of ~ 240.313(1),
Fla. Stat. (1999).
Moo An "interlocal agreement" is any agreement between local governrnents within
the meaning of S 163.01(3)(a), Fla. Stat. (1999).
N. A "local governrnent" is any educational district and any entity that is a "local
governrnental entity" within the meaning of ~ 11.45(1)( d), Fla. Stat. (1999).
O. Any expressions not assigned definitions elsewhere in this Agreement shall have
the definitions assigned them by the Emergency Management Act, as amended.
AR TI CLE II. Applicability of the Agreement. A Participating Party may request assistance
under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other
mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree-
ment for a minor disaster.
AR TI CLE 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
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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-
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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
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July 31, 2000
accordance with the Comprehensive Emergency Management Plan.
ARTICLE IV. Responsibilities of RequestinlZ 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,s
services, or other resources;
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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. ResDonsibilities 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;
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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
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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 of the Assisting J:>arty 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.
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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 shall have thirty (30) days from the date of protest to present the bill or item
to the original Requesting Party for payment, subject to any protest by the Requesting Party.
E. If the Assisting Party cannot agree with the Department or the Requesting Party,
as the case may be, to the settlement of any protested bill or billed item, the Department, the
Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil-
ity for the protested bill or billed item in accordance with Section F of this Article.
F. If the Department or a Participating Party elects binding arbitration, it may select
as an arbitrator any elected official of another Participating Party or any other official of an-
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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 videoconference with-
in thirty (30) days to consider any documents and any statements or arguments by the Depart-
ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render
a decision in writing not later than ten (10) days after the close of the hearing. The decision
of a majority of the arbitrators shall bind the parties, and shall be final.
H. If the Requesting Party has not forwarded a request through the Department, or
if an Assisting Party has rendered assistance without being requested to do so by the De-
partment, the Department shall not be liable for the costs of any such assistance. All requests
to the Federal Emergency Management Agency for the reimbursement of costs incurred by
any Participating Party shall be made by and through the Department.
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.
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July 31, 2000
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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.
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July 31, 2000
D. The Assisting Party shall keep records to document all assistance rendered under
this Agreement. Such records shall present information sufficient to meet the audit re-
quirements specified in the regulations of the Federal Emergency Management Agency and
applicable circulars issued by the Office of Management and Budget. Upon reasonable
notice, the Assisting Party shall make its records available to the Department and the Re-
questing Party for inspection or duplication between 8 :00 a.m. and 5 :00 p.m. on all weekdays
other than official holidays.
ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance
to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed
to require any Participating Party to procure insurance.
A. Each Participating Party shall procure employers' insurance meeting the require-
ments of the Workers' Compensation Act, as amended, affording coverage for any of its em-
ployees who may be injured while performing any activities under the authority of this
Agreement, and shall file with the Division a certificate issued by the insurer attesting to such
coverage.
B. Any Participating Party that elects additional insurance affording liability cover-
age for any activities that may be performed under the authority of this Agreement shall file
with the Division a certificate issued by the insurer attesting to such coverage.
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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
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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 employment restric-
tions in the Immigration and Nationality Act, as amended.
E. No costs reimbursed under this Agreement may be used directly or indirectly to
influence legislation or any other official action by the Legislature of the State of Florida or
any of its agencies.
F. Any communication to the Department or the Division under this Agreement shall
be sent to the Director, Division of Emergency Management, Department of Community
Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-
2100. Any communication to any other Participating Party shall be sent to the official or
officials specified by that Participating Party on Form A attached to this Agreement. For the
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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 of this Agreement by any Participating Party which is a signatory
to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties,
and responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory
to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties,
responsibilities and obligations of that Participating Party under that agreement, but such
termination shall not affect the liability of the Participating Party for the reimbursement of
any costs due under that agreement, regardless of whether billed or unbilIed.
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.
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July 31, 2000
D. Unless superseded by the execution of this Agreement in accordance with Section
A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to
have legal existence after June 30, 2001.
E. Upon its execution by any Participating Party, this Agreement will continue in
effect for one (1) year from its date of execution by that Participating Party, and it shall be
automatically renewed one (1) year after its execution unless within sixty (60) days before
that date the Participating Party notifies the Department in writing of its intent to withdraw
from the Agreement.
F. The Department shall transmit any amendment to this Agreement by sending the
amendment to all Participating Parties not later than five (5) days after its execution by the
Department. Such amendment shall take effect not later than sixty (60) days after the date
of its execution by the Department, and shall then be binding on all Participating Parties.
Notwithstanding the preceding sentence, any Participating Party who objects to the amend-
ment may withdraw from the Agreement by notifying the Department in writing of its intent
to do so within that time in accordance with Section E of this Article.
ARTICLE XII. Interpretation and Application of AlZreement. The interpretation and appli-
cation of this Agreement shall be governed by the following conditions:
A. The obligations and conditions resting upon the Participating Parties under this
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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.
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RECEIVED
PREPAREOliE~,S ~( RESPONSE
20m JUS - I PM 3: 30
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: W/\ W
Director
T: DANNY 1... KOLHAGE) Clerk
F THE CIRCUIT COURT
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Approved as to Form:
BY~
County Attorney
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July 31, 2000
DIVISION OF EMERGENCY MANAGEMENT
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
Director
ATTEST:
CITY CLERK
By:
Title:
Date:
CITY OF
STATE OF FLORIDA
By:
Title:
Date:
Approved as to Form:
By:
City Attorney
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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
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
FORM A
Dme: March 5,2001
Name of Government: Monroe County
Mailing Address: 490 63rd Street Suite 150
C ty St t Z Marathon, Fl 33050
i , a e, ip:
Authorized Representatives to Contact for Emergency Assistance:
Primary Re{lresentative
Name:
Title:
Irene Toner
Director. Emerqency Manaqement
Addre~: 490 63 St. Suite 150 Marathon, Fl 33050
Day Phone:
Telecopier:
305 289 6065
305 289 6333
~~~~8 513 5313
InterNet: i toner(a~ail. state. fl. us
First Alternate Representative
Name: Thomas P. Cullen, Jr.
Thk: REP Coordinator
Address: 490 63 St. Suite 150 Marathon, Fl 33050
Day Phone: 305 289 601 9 ~JPlmfte~ 305 659 2197
Telecopier: 305 289 6333 InterNet: tcullen@mail. state. fl. us
Second Alternate Reoresentative
Name:
Title:
Jerald O'Cathey
Planning Coordinator
Address: 490 63St. Suite 150 Marathon, FL 33050
Day Phone: 305 289 6012
Telecopier: 305 289 6333
5~~K~ 305 427 0863
InterNet: i ocmcem@mail. s ta te. fl. us
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
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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:
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
4. Types of Resources Needed:
5. Description of Infrastructure:
6. Description of Staging Facilities:
7. Description of Telecommunications Resources:
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form B
8. Time, Place and Date to Deliver Resources:
9. Names of Supervisors for Requesting Party:
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form C
Date:
Name of Assisting Party:
Contact Official for Assisting Party:
Name:
Telephone:
InterNet:
1. Description of Resources:
2. Estimated Time Resources Available:
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July 31, 2000
STATEWIDE MUTUAL AID AGREEMENT
Form C
3. Estimated Time and Date to Deliver Resources:
4. Description of Telecommunications Resources:
5. Names of Supervisors for Assisting Party:
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