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HomeMy WebLinkAboutMutual Aid Augusta Richmond GA DOCUMENT NAME: .~ GJ.d\ DOCUMENTTYPE:~~~ YEAR: ~ BOX NUMBER: a~ FILE NUMBER: \ OQ~ NUMBER OF PAGES: 6 , ~ .. GEORGIA EMERGENCY MANAGEMENT AGENCY AREA THREE M-UTUAL AID AGREEMENT Whereas, a need for mutual aid agreements between the Counties of Georgia has been recognized; and, Whereas, authority for such agreements can be found in O.C.G.A. 938-3-29; Now, therefore, let it be resolved that the Augusta-Richmond County Board of Commissionet'S', and the Participating Georgia Emergency Management Agency (GEMA) Area Three Counties, ( GEMA Administrative Area Map Attached) adopt this Emergency and Disaster Mutual Aid Agreement. 1. Definitions The following definitions shall apply throughout this agreement: a) "Agreement" means the Emergency and Disaster Mutual Aid Agreement. b) "Emergency" means any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. c) "Disaster" means any natural, technological, civil emergency or threat thereof that causes damage or has the potential to cause damage of sufficient severity and magnitude to result in a declaration of a state of emergency declared by a county, the Governor, or the President of the United States. d) "Participating County" means a County which has duly enacted this agreement. e) "Receiving County" means the participating county requesting equipment, services, personnel, or other aid pursuant to this agreement. t) "Assisting County" means the participating county furnishing equipment, services, personnel, or other.aid pursuant to this agreement. g) "Emergency Management Director" means the person appointed by the county governing authority to implement the emergency plan of the county. h) "Employees" means paid, volunteer, and auxiliary employees and emergency management workers. 2. Sunset Provision This agreement shall be automatically renewed each year; provided however, that at the first regularly scheduled meeting of the county governing authority, said authority may vote to modifY or terminate this agreement. i' .. .. 3. Basic Agreement; Limitations Any participating county requested to render mutual aid or exercises and training for mutual aid pursuant to this agreement 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, however that the assisting county may withhold or withdraw those resources necessary to provide protection for such county. Arequest for aid may be denied if to send emergency personnel beyond its boundaries would leave a jurisdiction without sufficient personnel available within its limits for service at any incident which might subsequently arise therein. Any participating county agrees that under extraordinary circumstances, it may provide assistance beyond the jurisdiction of the named parties to this agreement. 4. Procedure In the event of any emergency or disaster as defined above in this agreement, the Emergency Management Director of any participating county or the designee of the county governing authority may request assistance of another participating county by contacting the Emergency Management Director or the designee of the governing authority of that county. The provision of this agreement shall only apply to requests for assistance made by and to official Emergency Management Directors or the designees of the county governing authority. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 10 days of the verbal request. At the time a request is made for aid under this agreement, written notification of such request shall be forwarded to Georgia Emergency Management Agency. 5. Rights and Duties; Control Whenever the employees of any political subdivision are rendering aid to another county, 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. Further, each receiving county shall afford to the employees of any other county, while operating within its jurisdiction under the terms and conditions of this agreement, the same powers (except that of arrest, unless specifically authorized by the receiving county), duties, rights, privileges, and immunities as are afforded employees of the receiving county in which they are performing emergency services. Employees of the assisting county will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the receiving county unless the receiving county relinquishes such control. '"i 1 6. Licenses and Permits Whenever any person holds a license, certificate, or other permit issued by the state or at the local level evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may be permitted by the receiving county to render aid involving such skill in any other participating county to meet an emergency or disaster situation. 7. Compensation Each participating county shall provide for the payment of compensation and death benefits to injured employees of that county and the representatives of deceased employees in case such employees sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained.within their own county. 8. Payment and Reimbursement; Liability Unless otherwise agreed, the receiving county shall pay and reimburse the assisting county for the compensation paid to its employees during the time and rendition of the aid and shall defray the actual traveling and maintenance expenses of the 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 were engaged in rendering the aid. The receiving county shall also be liable for any loss or damage to equipment used in the receiving county pursuant to this agreement and shall pay any expense incurred in the operation or maintenance thereof No claim for the loss of, damage to, or expense of such equipment shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of the claim under oath is served by mail or otherwise upon the chief fiscal officer of the receiving count. Failure to notify GEMA ofa request for aid as reset out in paragraph 4 of this agreement, may result in a delay of processing reimbursement. 9. Immunity Neither as assisting county nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representative of any assisting county, nor any unpaid trained personnel or member of any agency engaged in an emergency management activity pursuant to this' agreement, shall be liable for the death of or injury to person or for damage to property as a result of such activity. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to any person on account of failure of any party to this agreement to furnish its emergency response equipment or personnel in response to a call for assistance. . , - 10. Termination of Agreement Any party hereto may withdraw from this agreement by 30 days notice in writing to the other party. this document approved as to _, sufficiency. and form. 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