HomeMy Public PortalAboutmutual agreement.pdfSTATEWIDE MUTUAL AID AND ASSISTANCE AGREEMENT
CountyMunicipality: TYBEE ISLAND
The State of Georgia is vulnerable to a wide range of iatural and man-made disasters and emergencies.
The Georgia Emergency Management Act, as amended (The Act) gives the local governments of the
State the authority to make agreements for mutual aid assistance in emergencies. Pre-existing
agreements for mutual aid assistance in emergencies help to ensure the timely provision of mutual aid
assistance and the reimbursement of costs incurred by those parties who render such assistance.
This mutual aid agreement is entered pursuant to authorities contained in Articles 1 through III.
Chapter 3, Title 38, Official Code of Georgia Annotated.
ARTICLE 1
STATEMENT OF AGREEMENT, DEFINITIONS AND AUTHORITIES
This Agreement is made and entered into between the participating political subdivisions, which
appmve and execute this Agreement, hereinafter called "Participating Parties" and the Georgia
Emergency Management and Homeland Security Agency (GEMA/HS). For purposes of this
Agreement, the following terms and expressions shall apply:
(1) "Agreement" means this agreement, generally referred to as the "Statewide Mutual Aid Agreement"
(SWMAA).
(2) "Assistance" includes personnel, equipment, facilities, services, supplies and other resources
furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster.
(3) "Assisting Party" means a party that provides assistance pursuant to this Agreement during an
emergency or disaster.
(4) "Authorized Representative" means a Participating Party's elected or appointed official or
employee who has been authorized in writing by that party to request, to offer, or otherwise to provide
mutual aid assistance.
(5) "Participating Party" means a county or municipality of the State of Georgia that has become party
to this Agreement by its approval and execution of this agreement.
(6) "Participating Parties" means the combination of counties and municipalities that have become
parties to this Agreement by their approval and execution of this Agreement.
(7) "Requesting Party" means a party that requests assistance pursuant to this Agreement during an
emergency or disaster.
Any term or expression not defined in this Agreement shall have the meaning specified in the Georgia
Emergency Management Act, as amended (the Act) and rules promulgated thereunder, unless used in a
context that clearly suggests a different meaning.
Statewide Mutual Aid and Assistance Agreement- 2020
Page 1 of 8
40
ARTICLE II
GENERAL PURPOSE
The purpose of this Agreement is to:
1. Provide the framework to support mutual assistance in managing an emergency or disaster
occurring within any political subdivision that is a Participating Party, whether arising from
natural disaster, technological hazard. human caused disaster, civil emergency, community
disorders, insurgency, enemy attack, acts of terrorism., other significant events or homeland
security activity; and
2. Identify those persons who are authorized to act on behalf of the Participating Party signing this
Agreement as their Authorized Representative(s) concerning the provision of mutual aid
resources and requests for mutual aid resources related to any mutual aid assistance sought
from another Participating Party. or from or through the State of Georgia. Appendix A of this
Agreement shall contain the name(s) of the Participating Partys Authorized Representative for
purposes ofthis Agreement. Appendix A can be amended by the authorizing Participating Party
as needed with no effect on the entire Agreement. All such amendments to Appendix A shall be
done in writing and the Participating Party shall notify GEMAIHS and all other Participating
Parties of such amendment within thirty (30) days.
ARTICLE III
ACKNOWLEDGEMENT OF PRINCIPLES
The prompt, full and effective utilization of resources ofthe Participating Parties, including any
resources on hand or available from the State or Federal Government or any other source, that are
essential to the safety, care and welfare ofthe people shall be the underlying principle on which all
articles ofthis Agreement shall be understood.
In the event of conflict between any provision ofthis Agreement and any existing intrastate mutual
aid agreement affecting a Participating Party, the provisions of this Agreement shall be controlling. •
On behalf of the governing authority of each political subdivision of this State participating in the
Agreement, the director of emergency management of such political subdivision will be responsible for
formulation of the appropriate mutual aid plans and procedures necessary to implement this
Agreement.
ARTICLE Iv
PARTICIPATING PARTY RESPONSIBILITIES
(a) It shall be the responsibility of each Participating Party to formulate procedures and programs for
intergovernmental cooperation in the performance of the responsibilities listed in this Article. In
formulating such plans, and in carrying them out, each Participating Party, insofar as practical, shall:
(11 Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel,
search and rescue, and critical lifeline equipment, services, and resources, both human and
material; and
Statewide Mutual Aid and Assistance Agreement- 2020
Page 2of3
41
(2) Inventory and set procedures for the loan and delivery of human and material resources,
together with procedures for reimbursement.
(b) Whenever a Participating Party requires mutual aid assistance from another Participating Party
and/or the State of Georgia, the Requesting Party may request assistance by:
(I) Contacting the Participating Party who is the owner/operator/employer of the supplies,
equipment and/or personnel being sought for mutual aid assistance (the Assisting Party); or
(2) Contacting GEMA/HS to serve as the facilitator of such request for those resources being
sought for mutual aid that are owned/operated/employed. by Participating Parties (where such
Participating Parties have submitted a record of those resources to GEM/VHS for such use); and/or,
when such resources being sought for mutual aid are owned/operated/employed directly by the State of
Georgia.
The provisions of this Agreement shall only apply to requests for assistance made by an Authorized
Representative. Requests may be verbal or in writing. Ifverbal, the request must be confirmed in
writing within 30 days ofthe verbal request. Requests shall provide the following information:
(l) A description of the emergency service function for which assistance is needed. such as but not
limited to fire services, law enforcement, emergency medical, transportation, communications,
public works and engineering, building inspection, planning and information assistance, mass care.
resource support, health and medical services, damage assessment, volunteer and donated goods
and search and rescue; and
(2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable
estimate of the length of time each will be needed; and
(3) The specific place and time for staging ofthe Assisting Party's response and a point of contact
at that location.
The Assisting Party will (a) maintain daily personnel time records, material records and a log of
equipment hours (or miles, if appropriate) and (b) report work progress to the Requesting Party at
mutually agreed upon intervals.
ARTICLE V
LIMITATIONS
Any Participating Party requested to render mutual aid shall take such action as is necessary to provide
and make available the resources covered by this Agreement in accordance with the terms hereof
provided that it is understood that the Participating Party who is asked to render aid may withhold
resources to the extent necessary to meet the current or anticipated needs ofthe Participating Party's
own political subdivision to remain in compliance with such Participating Party's policy, rule or law.
The Assisting Party's mutual aid resources will continue under the command and control of their own
Statewide Mutual Aid and Assistance Agreement 2020
Page 3 of S
42
supervisors, but the organizational units will be under the operational control of the emergency
services authorities ofthe Requesting Party unless the Assisting Party approves an alternative.
In the event the Governor should declare a State of Emergency, any and all provisions of this
Agreement which may conflict with the declared State of Emergency shall be superseded by the terms
and conditions contained within the State of Emergency.
ARTICLE VI
LIABILITY AND IMMUNITY
(a) In accordance with O.C.G.A. § 38-3-35(a), no political subdivision ofthe state, nor the agents or
representatives of the state or any political subdivision thereof, shall be liable for personal injury or
property damage sustained by any person appointed or acting as a volunteer emergency management
worker or member of any agency engaged in emergent. management activity. The foregoing shall not
affect the right of any person to receive benefits or compensation to which he might otherwise be
entitled under Chapter 9 of Title 34, Code Section 38-3-30, any pension Iaw, or any act of Congress.
(b) In accordance with O.C.G.A. § 38-3-35(b), no political subdivision of the state nor, except in cases
of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives ofthe
state or any political subdivision thereof, nor any volunteer or auxiliary emergency management
worker or member of any agency engaged in any emergency management activity complying with or
reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of
Georgia Annotated; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of
title, or pursuant to any ordinance relating to precautionary measures enacted by any political
provisions of Articles 1 through 3 of said chapter and title, or pursuant to any ordinance relating to
precautionary measures enacted by any political subdivision ofthe state shall be liable for the death, of
or the injury to person or for damage to property as a result of any such activity.
(c) It is the express intent of the parties that the immunities specified in accordance with O.C.G.A. §
38-3-35 shall apply in addition to any other immunity provided by statute or case law.
ARTICLE VII
RIGHTS AND PRIVILEGES
In accordance with O.C.G.A. § 38-3-30(a), whenever the employees of any Assisting Party or political
subdivision are rendering outside aid pursuant to this agreement and the authority contained in Code
Section 38-3-27, the employees shall have the same powers, duties, rights, privileges and immunities
as if they were performing their duties in the political subdivisions in which they are normally
employed.
ARTICLE VIII
REIMBURSEMENT
In accordance with O.C.G.A. § 38-3-30(b), The Requesting Party shall be liable for any loss of or
damage to equipment used or placed within the jurisdiction of the Requesting Party and shall pay any
expense incurred in the operation and maintenance thereof. No claim for the loss. damage or expense
shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of
Page 4 of 8
Statewide Mutual Aid and Assistance Agreement- 2020
43
the claim under oath is served by mail or otherwise upon the designated fiscal officer of the Requesting
Party. Appendix B of this Agreement shall contain the name(s) of the Participating Party's designated
fiscal officer for purposes of this Agreement. Appendix B can be amended by the authorizing
Participating Party as needed with no effect on the entire Agreement. Appendix B can be amended by
the authorizing Participating Party as needed with no effect on the entire Agreement. All such
amendments to Appendix B shall be done in writing and the Participating Party shall notify GEMA/HS
and all other Participating Parties of such amendment within thirty (30) days.
The Requesting Party shall also pay and reimburse the Assisting Party for the compensation paid to
employees furnished by the Assisting Party during the time of the rendition of the aid, as well as the
actual travel and per diem expenses of such employees while they are rendering the aid. The
reimbursement shall include any amounts paid or due for compensation due to personal injury or death
while the employees are engaged in rendering the aid. The term "employee," as used herein, shall
mean, and this provision shall apply with equal effect to, paid, volunteer and auxiliary employees and
emergency management workers.
Expenses to be reimbursed by the Requesting Party shall include the following:
(1) Labor costs, which shall include all usual wages, salaries. compensation for hours worked,
mobilization and demobilization, the Assisting Party's portion of payroll taxes (as employer),
insurance, accrued paid leave and other fringe benefits, but not those amounts paid or due as a
benefit to the Assisting Parties personnel under the terms of the Georgia Workers Compensation
Act and
(2) Equipment costs, which shall include the fair rental value, the cost of fuel and other consumable
supplies, service and repairs. If the equipment is damaged while in use under this Agreement and
the Assisting Party receives payment for such damage under any contract for insurance. the
Requesting Party may deduct such payment from any item or items invoiced; and
(3) Material costs, which shall include the total reasonable cost for the use and consumption of any
and all consumable supplies delivered by the Assisting Party for the benefit of the Requesting
Party; and
(4) Meals, lodging and other related expenses, which shall include charges for meals. lodging and
other expenses relating to the provision of assistance pursuant to this Agreement shall be the actual
and reasonable costs incurred by the Assisting Party.
The Assisting Party shall maintain records and submit invoices within 60 days for reimbursement as
specified hereinabove and the Requesting Party shall pay the invoice no later than 30 days following
the invoice date.
ARTICLE DC
IMPLEMENTATION
This Agreement shall become operative immediately upon its approval and execution by GEM/VHS
and any two political subdivisions of this State; thereafter, this Agreement shall become effective as to
any other political subdivision of this State upon its approval and execution by such political
subdivision.
Statewide Mutual Aid and Assistance Agreement- 2020
Page 5 of 8
44
Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal, a
by the governing authority of such political subdivision, but no such withdrawal shall take effect until ved
30 days after the governing authority of the withdrawing political subdivision has given notice in
writing of such withdrawal to the governing authorities of all other Participating Parties. Such action
shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the
effective date of withdrawal.
Copies of this Agreement shall. at the time of their approval, be deposited with each of the respective
Participating Parties and with GEMA/HS.
ARTICLE X
TERM OF AGREEMENT
This Agreement, once executed, is valid until March 1, 2024. Agreement of the Participating Parties to
extend the tern ofthis agreement at any time during the last year of its original term or the last year of
any subsequent four-year term shall extend the term ofthis agreement for four years. Each four-year
extension shall constitute a separate agreement.
ARTICLE XI
VALIDITY
If any provision of this Agreement is declared unconstitutional, or the applicability thereofto any
person or circumstances is held invalid, the constitutionality of the remainder ofthis Agreement and
the applicability thereofto other persons and circumstances shall not be affected thereby.
Agreed:
Chief Executive Officer - Signature Chief Executive Officer — Print Name
County/Municipality: CITY OF TYBEE ISLAND
Date:/ /
GEMA/HS Director — Signature GEMA/HS Director — Print Name
Date: / /
Statewide Mutual Aid and Assistance Agreement- 2020
Page6of8
45
APPENDIX A
AUTHORIZED REPRESENTATIVE
The below named individual(s), in addition to the chief executive officer. is/are the "Authorized
Representative(s)" for THE CITY OF TYBEE ISLAND, and are authorized to request, offer, or
otherwise provide and coordinate mutual aid assistance on behalf of the above named
county/municipality:
DENNIS JONES
Print Name
Signature of Above Individual
Print Name
Signature of Above Individual
Print Name
CEMA DIRECTOR
Job Title/Position
Job Title/Position
Job Title/Position
Signature of Above Individual
Chief Executive Officer - Signature
Chief Executive Officer— Print Name
Statewide Mutual Aid and Assistance Agreement 2020
Date:
Page 7 of 8
46
APPENDIX 13
DESIGNATED FISCAL OFFICER S
The below named individual(s) is/are the "designated fiscal officer(s)" for THE CITY OF TYBEE
ISLAND for the purpose of reimbursement sought for mutual aid:
Si
ofAbove Individual
ve_t 554- - 2 4)42ci
Print Name
F,1 ekir f
Job Title/Position
k:i) Ste.
Print Name
Signe of Above Individual
504/1,r///
Chief Executive Officer - Signature
Date: / 7 / c
,S e�cey EssteI-IS ,14'14-tews,
Chief Executive Officer — Print Name
Statewide Mutual Md and Assistance Agreement- 2020
Job Title/Position
I I
(NI 2
Job Title/Piition
Page 8 of 8
47