HomeMy WebLinkAboutMEMORANDUM OF AGREEMENT BETWEEN GEMA AND HOMELAND SECURITY GEORGIA SEARCH AND RESCUE TEAM (GSAR) #TASK FORCE -3 P .. 4 ,
GEORGIA EMERGENCY MANAGEMENT and HOMELAND SECURITY
AGENCY
GEORGIA SEARCH AND RESCUE TEAM (GSAR) # TASK FORCE -3
MEMORANDUM OF AGREEMENT
The State of Georgia is vulnerable to a wide range of natural or man-made disasters and emergencies.The Georgia
Emergency Management Act,as amended(The Act)gives the State and local governments authority to make agreements
for mutual aid assistance in emergencies,and through such agreements to ensure the timely reimbursement of costs
incurred by the local governments which render such assistance.Under the Act,the Georgia Emergency Management and
Homeland Security Agency(GEMHSA)has authority to coordinate assistance between local governments during
emergencies and to provide available resources,where needed. As part of the aforementioned authority,GEMHSA created
the Georgia Search and Rescue(GSAR)teams as special regional response teams comprised of qualified local
governmental public safety entities. GEMHSA supplied teams with appropriate equipment,training and exercises,enabling
each team to assist with GSAR personnel,equipment,facilities,services,supplies and other resources during an emergency
or disaster.
This Memorandum of Agreement is entered pursuant to authorities contained in Articles I through III,Chapter 3,Title 38,
Official Code of Georgia Annotated,including O.C.G.A. § 38-3-29,specifically.
ARTICLE I
STATEMENT OF AGREEMENT,DEFINITIONS AND AUTHORITIES
This Agreement is made and entered into between the participating political subdivisions hereinafter called"Participating
Parties" and GEMHSA.The following terms and expressions will apply:
(1)"Agreement" means this agreement,
(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 Participating Party providing assistance pursuant to this Agreement during a disaster or
emergency.
(4)"Authorized Representative" means a Participating Party's elected or appointed official or employee authorized in
writing to request,offer or otherwise provide assistance or an employee of GEMHSA designated by its Director under the
terms of this Agreement.
(5)"Participating Parties"means the State of Georgia,the counties and the municipalities of the State of Georgia and
Georgia Search and Rescue team member agencies.
(6)"Requesting Party"means a Participating Party which requests assistance pursuant to this Agreement during a disaster
or emergency.
Any term or expression not defined in this Agreement will have the meaning specified in the Georgia Emergency
Management Act,(the Act)as amended and rules promulgated thereunder,unless used in a context clearly suggesting a
different meaning.
ARTICLE II
GENERAL PURPOSE
The purpose of this Agreement is to provide for mutual assistance between the Participating Parties in managing any
emergency or disaster duly declared by the governing authority of any Participating Party,whether arising from natural
disaster,technological hazard,human caused disaster,civil emergency regarding resource shortages,community disorders,
insurgency,enemy attack,acts of terrorism or other significant event.
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ARTICLE III
ACKNOWLEDGEMENT OF PRINCIPLES
The guiding principle of this Agreement is the prompt,full and effective utilization of Participating Party resources,
including any resources on hand or available from any governmental entities,to ensure the safety,care and welfare of
people affected by a declared emergency.
Participating Parties accepting grant funds from The United States Department of Homeland Security(DHS),Federal
Emergency Management Agency(FEMA),Grant Programs Directorate(GPD)Homeland Security Grant Program agreed
through the GEMHSA Grantee-Subgrantee Agreement to be bound by the Special Conditions contained therein.The
Special Conditions require the Subgrantee to comply with the terms and conditions of GEMHSA's Statewide Mutual Aid
and Assistance Agreement and to render mutual aid for a suspected or real attack involving use of weapons of mass
destruction or other events as determined by GEMHSA.The Subgrantee will also sign any other Mutual Aid Agreements
GEMHSA or DHS/FEMA deems necessary to assure the Subgrantee fulfills its obligations to render mutual aid.
Through the creation,equipping,training and exercise of GSAR Teams for use as special regional response teams,
GEMHSA has an expectation these teams will respond at the request of GEMHSA to an emergency or disaster duly
declared by the governing authority of any political subdivision which is a Participating Party,whether arising from a
natural disaster,technological hazard,human caused disaster,civil emergency regarding resource shortages,community
disorders,insurgency,enemy attack,acts of terrorism or other significant events,in accordance within the provisions of this
Agreement.
The Chief Executive Officer of the Public Safety entity participating as a member of the GSAR team is responsible for
formulation of the appropriate plans and procedures necessary to implement this Agreement.
ARTICLE IV
PARTICIPATING PARTY RESPONSIBILITIES
(a)Each Participating Party formulates procedures and programs for intergovernmental cooperation during the performance
of responsibilities listed in this Agreement.When formulating and executing such plans,each Participating Party will
inventory resources,establish procedures for the loan and delivery of human and material resources and establish
procedures for reimbursement.
(b)Whenever a Participating Party declares a local emergency and such disaster or emergency requires assistance,the
authorized representative of the Requesting Party for the Participating Party may request assistance from another
Participating Party by contacting the GEMHSA Director.The provisions of this Agreement will only apply to requests for
assistance made by and to authorized representatives for GSAR resources and assets.Requests may be verbal or written.If
verbal,the request will be confirmed in writing within 30 days of the verbal request.Requests will provide the following
information:
(1)Description of the GSAR emergency service function needed,including but not limited to search and rescue,fire
services and resource support;
(2)Amount and type of personnel,equipment,materials and supplies needed;
(3)Reasonable estimate of time each resource is needed;and
(4)Specific place and time for staging of Assisting Party's response and a point of contact at said 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 will take necessary action to provide and make available resources
covered by this Agreement,in accordance with the terms herein. However,the Participating Party rendering aid may
withhold resources to the extent necessary to provide reasonable protection for its own political subdivision.
Emergency forces will continue under the command and control of their supervisors,but the organizational units will fall
under operational control of the emergency services authorities of the Requesting Party unless the GEMHSA Director or
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his/her authorized representative approves an alternative.These conditions may be activated,as needed,in any disaster or
emergency for which a state of emergency has been declared and will continue so long as the state of emergency or disaster
remains in effect or loaned resources remain in the Requesting Party's jurisdiction(s),whichever is longer.
ARTICLE VI
LIABILITY AND IMMUNITY
(a)Pursuant to O.C.G.A. § 38-3-35(a),no political subdivision of the 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 emergency 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 law,or any act of Congress.
(b)Pursuant to 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 of the 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 of the 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 above shall be construed in accordance with O.C.G.A.
§ 38-3-35 and shall apply in addition to any other immunities provided by law.
ARTICLE VII
RIGHTS AND PRIVILEGES
Pursuant to 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
Pursuant to 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 the claim under oath is served by mail or otherwise upon the chief fiscal officer of the
Requesting Party.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 and shall defray the actual traveling
and maintenance 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.
Expenses that are 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. 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.
(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.
(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.
(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.
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The Assisting Party will maintain records and submit invoices for reimbursement to the Requesting Party.
ARTICLE IX
IMPLEMENTATION AND WITHDRAWAL
(a)This Agreement will take effect immediately upon its approval and execution by GEMHSA and the authorized
representative of the GSAR team jurisdictions,comprising GSAR Team Task Force-3 ;
(b)Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal,approved by the
governing authority of such political subdivision,but no withdrawal will take effect until thirty(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 will not relieve the withdrawing political subdivision
from obligations assumed hereunder prior to the effective date of withdrawal.
(c)Copies of this Agreement will,at the time of approval,be deposited with each of the Participating Parties and with
GEMHSA.
ARTICLE X
GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY
GEMHSA will act as the coordinating entity under this Agreement.Nothing herein will limit any authority of the Governor
or the GEMHSA Director under articles,I,II,or III of Chapter 3,Title 38,Official Code of Georgia Annotated.In the event
the Governor should declare a State of Emergency,any and all provisions of this Agreement which may conflict with
actions taken pursuant to such declaration will be superseded by any such act or actions.
ARTICLE XI
TERM OF AGREEMENT
This Agreement will expire on January 31,2020. Agreement of the Participating Parties to extend the term of this
agreement at any time during the last year of its original term or the last year of any subsequent four-year term will extend
the term of this Agreement for four years.Each four-year extension will constitute a separate agreement.
ARTICLE XII
VALIDITY
This Agreement will be construed to effectuate the purposes stated in Articles II and III herein.If any provision of this
Agreement is declared unconstitutional,or the applicability thereof to any person or circumstances is held invalid,the
constitutionality of the remainder of this Agreement and its applicability to other persons and circumstances will not be
affected.
Agreed:
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