DRAFT
MULTI – JURISDICTIONAL
MUTUAL AID AGREEMENT
(September 2004)
(NOTE: This draft agreement is provided as a sample ONLY. Jurisdictions should add or delete items as needed to comply with local laws and procedures.)
WHEREAS, the jurisdictions of __________ County, _________ County, the City of _________, and the City of _________ have deemed it to be in their best interests to enter into a mutual aid agreement to provide for mutual cooperation in the event of a disaster or emergency; and,
WHEREAS, each party entering into this compact recognizes that many emergencies, including, but not limited to, natural disasters, technological hazards, man-made disasters, civil emergency aspects of resources shortages, community disorders, insurgency, or terrorist attack, transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing emergencies; and,
WHEREAS, each jurisdiction is responsible for responding to an emergency situation and using all available resources to protect the health, safety, and property of the citizens of the affected jurisdiction(s).
WHEREAS, it is desirable and necessary that all available resources of those jurisdictions and their various departments and agencies be made available to respond to natural and man-made emergencies; and,
WHEREAS, it is desirable that each of the parties hereto should assist one another when an emergency occurs by providing resources including, but not limited to, fire, police, medical and health, communication, and transportation services to cope with the disaster or emergency; and,
WHEREAS, Missouri law provides for the execution of such mutual aid agreements among political subdivisions of the State, public safety agencies, fire departments, fire protection districts, and/or volunteer fire protection associations, as authorized by the respective jurisdiction’s elected body.
NOW, THEREFORE, THE JURISDICTIONS OF ________ COUNTY, ________ COUNTY, THE CITY
OF _________, AND THE CITY OF _________ DO OFFICIALLY AGREE AS FOLLOWS:
1. In
accordance with Homeland Security Presidential Directive (HSPD) – 5 (Management
of Domestic Incidents) each participating jurisdiction agrees to
institutionalize and implement the National Incident Management System (NIMS),
to include the Incident Command System.
2. Each party
agrees to Respond to Requestor by furnishing resources and rendering services
to other parties to this agreement and to respond to any type of emergency
whether declared or not; provided, however, that no party shall be required to
unduly deplete its resources in furnishing such assistance. If a Responder is unable to meet the
Requestor’s need for resources, the Requestor will be advised immediately.
3. It shall be the responsibility of each participating jurisdiction to formulate procedural plans and programs for inter-jurisdiction cooperation and for the effective mobilization of its resources, both public and private, in the performance of the responsibilities listed in this agreement. In formulating such plans, and in carrying them out, the party jurisdictions, insofar as practical, shall:
a. Review individual jurisdictional hazard analyses and, to the extent reasonably possible, determine all those potential emergencies the party jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or terrorist attack.
b. Review party jurisdictions' individual emergency plans and develop a plan for inter-jurisdiction management and provision of assistance concerning any potential emergency.
c. Develop inter-jurisdiction procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
d. Assist in warning communities adjacent to or crossing the jurisdiction boundaries.
e. 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.
f. Inventory
potentially available resources and set procedures for the inter-jurisdiction
loan and delivery of human and material resources, together with procedures for
reimbursement or forgiveness. Each
party should provide this resource list to all other parties to this agreement.
g. Provide, to the extent authorized by law, for temporary suspension of any local statutes so any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual aid, can take action necessary to provide/make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the jurisdiction rendering aid may withhold resources to the extent necessary to provide reasonable protection for themselves.
4. Documentation
of hours worked will be maintained by the Responder and provided to the
Requestor on a shift-by-shift basis.
5. It is
expressly understood that any mutual aid extended under this agreement is
furnished in accordance with RSMo Chapter 44 Section 44.090, Chapter 70 Section
70.837, Chapter 320 Section 320.090, and other applicable provisions of
law. Management of an incident shall
remain with the jurisdiction in which the incident occurred. Agencies providing assistance shall assign
an agency representative to report to the official in charge/incident
commander. The official in charge/incident commander may mission assign
responding mutual assistance agencies, but each agency's representative retains
supervision of their personnel and resources and may withdraw their resources
at any time.
6. The
provisions of this agreement shall not limit or restrict the duties and
obligations of the State of Missouri to respond to emergencies within the jurisdictional
confines of parties to this agreement or for any other jurisdiction that may be
impacted by a disaster.
7. The
Responder may assume in whole or in part such loss, damage, expense, or other
cost, or may loan such equipment or donate such services to the Requestor
without charge or cost. Any two or more
party jurisdictions may enter into supplementary agreements establishing a
different allocation of costs among those jurisdictions.
8. Each party
jurisdiction shall provide for the payment of compensation and death benefits
to injured members of the emergency forces of that jurisdiction and
representatives of deceased members of such forces in case such members sustain
injuries or die as a result of rendering aid pursuant to this compact, in the same
manner and on the same terms as if the injury or death were sustained within
their own jurisdiction.
9. Parties to
this agreement will request that personnel and equipment not under their direct
authority honor the conditions of this agreement and support calls for
assistance in response to a disaster.
10. The Requestor
shall indemnify, defend, and hold blameless the Responder arising from the
performance of duties in response to an emergency incident pursuant to this
agreement. Officers or employees of a
party jurisdiction rendering aid in another jurisdiction pursuant to this
agreement shall be considered agents of the Requestor for tort liability and
immunity purposes; and no party jurisdiction or its officers or employees
rendering aid in another jurisdiction pursuant to this agreement shall be
liable on account of any act or omission in good faith on the part of such
forces while so engaged or on account of the maintenance or use of any
equipment or supplies in connection therewith. Good faith in this article shall
not include willful misconduct, gross negligence, or recklessness.
11. This
agreement shall become effective as to each party when executed by the party,
and shall remain operative and effective as between each and every party that has
heretofore or hereafter executed this agreement, until the party terminates
participation in this agreement.
Execution of this agreement shall be as follows: Parties shall by
resolution approve and agree to abide by this agreement.
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