GEORGIA EMERGENCY MANAGEMENT AGENCY-HOMELAND SECURITY
Georgia Search and Rescue Team (GSAR) # _____
MEMORANDUM OF AGREEMENT
The State of Georgia is vulnerable to a wide range of natural or man-made
disaster/emergencies. The Georgia Emergency Management Act, as amended (The
Act) gives the State and local governments the 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 Agency has authority to coordinate
assistance between local governments during emergencies and to provide
available resources where needed. As part of that authority for the
coordination of assistance, The Georgia Emergency Management Agency (GEMA) has
caused the creation of the Georgia Search and Rescue (GSAR) teams as special
regional response teams comprised of qualified local governmental public safety
entities, and supplied these teams with appropriate equipment, training, and
exercises to enable these teams to assist the State and Requesting Party 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, which approve and execute this agreement, hereinafter called
"Participating Parties" and the Georgia Emergency Management Agency-Homeland
Security (GEMA-Homeland Security). For purposes of this agreement, the
following terms and expressions shall 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 that provides assistance
pursuant to this agreement during a disaster or emergency.
(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 assistance or an employee of
GEMA-Homeland Security designated by its Director under the terms of this
agreement.
(5) "Participating Parties" means the State of Georgia, the several counties
and the municipalities of the State of Georgia or combinations thereof, and
Georgia Search and Rescue team member agencies and the county or municipality
they represent.
(6) "Requesting Party" means a Participating Party that requests assistance
pursuant to this agreement during a disaster or emergency.
Any term or expression not defined in this agreement shall have the meaning
specified in the Georgia Emergency Management Act, (the Act) as amended and
rules promulgated thereunder, unless used in a context that clearly suggests 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 that is duly
declared by the governing authority of any political subdivision that is a
Participating Party, whether arising from natural disaster, technological
hazard, human caused disaster, civil emergency aspects of resource shortages,
community disorders, insurgency, enemy attack, acts of terrorism, other
significant events or a national security activity.
ARTICLE III
ACKNOWLEDGEMENT OF PRINCIPLES
The prompt, full and effective utilization of resources of the 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 of the people in the event of any locally declared emergency or
emergency declared by the Governor, shall be the underlying principle on which
all articles of this agreement shall be understood.
Participating Parties who have accepted grant funds from The United States
Department of Homeland Security (DHS), Federal Emergency Management Agency
(FEMA), Grant Programs Directorate (GPD) Homeland Security Grant Program
indicated through signing the GEMA Grantee-Subgrantee Agreement, concurrence
with the Special Conditions contained therein. The Special Conditions require
that the Subgrantee agrees to sign and comply with the terms and conditions of
GEMA?s Statewide Mutual Aid and Assistance Agreement and to render mutual aid
for a suspected or real attack involving the use of weapons of mass
destruction, or other events as determined by GEMA. The Subgrantee shall also
sign any other Mutual Aid Agreements GEMA or DHS/FEMA shall deem necessary in
order to assure the Subgrantee will fulfill its obligations to render mutual
aid.
The Georgia Emergency Management Agency, through the creation, equipping,
training and exercise of the Georgia Search and Rescue (GSAR) Teams for use as
special regional response teams, has an expectation that these teams will
respond at the request of GEMA to an emergency or disaster that is duly
declared by the governing authority of any political subdivision that is a
Participating Party, whether arising from natural disaster, technological
hazard, human caused disaster, civil emergency aspects of resource shortages,
community disorders, insurgency, enemy attack, acts of terrorism, other
significant events or a national security activity, in accordance within the
provisions of this agreement.
On behalf of the governing authority of each political subdivision of this
State participating in the agreement, the Chief Executive Officer of the Public
Safety entity participating as a member of the GSAR team will be responsible
for formulation of the appropriate 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:
Inventory and set procedures for the loan and delivery of human and material
resources, together with procedures for reimbursement.
(b) Whenever a Participating Party declares a local emergency and such disaster
or emergency is too great to be dealt with unassisted, for which a state of
emergency has been declared, the authorized representative of the Requesting
Party for such
Participating Party or his/her authorized representative may request assistance
from another Participating Party by contacting the Director of the
GEMA-Homeland Security. The provisions of this agreement shall only apply to
requests for assistance made by and to authorized representatives for GSAR
resources and assets. Requests may be verbal or in writing. If verbal, the
request shall be confirmed in writing within 30 days of the verbal request.
Requests shall provide the following information:
(1) A description of the emergency service function for which GSAR assistance
is needed, such as but not limited to fire services, resource support, , and
search and rescue.
(2) The amount and type of personnel, equipment, materials and supplies needed,
and a reasonable estimate of the length of time they will be needed.
(3) The specific place and time for staging of the 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 rendering aid may withhold resources to the extent
necessary to provide reasonable protection for such political subdivision.
Emergency forces will continue under the command and control of their
supervisors, but the organizational units will come under the operational
control of the emergency services authorities of the Requesting Party unless
the Director of GEMA-Homeland Security or 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
shall 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) In accordance with 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) 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 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 statutory 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 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.
The Assisting Party shall maintain records and submit invoices for
reimbursement to the Requesting Party.
ARTICLE IX
IMPLEMENTATION
(a) This agreement shall become operative immediately upon its approval and
execution by the GEMA-Homeland Security and the authorized representative of
the GSAR team jurisdictions comprising GSAR Team _______;
(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 such withdrawal shall take effect until 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.
(c) Copies of this agreement shall, at the time of their approval, be deposited
with each of the Participating Parties and with the GEMA-Homeland Security.
ARTICLE X
GEORGIA EMERGENCY MANAGEMENT AGENCY
GEMA-Homeland Security shall act as the coordinating entity under this
agreement. Nothing herein shall limit any authority of the Governor or the
Director of the GEMA-Homeland Security 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 shall be
superseded by any such act or actions.
ARTICLE XI
TERM OF AGREEMENT
This agreement shall expire on January 31, 2016. 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 shall
extend the term of this agreement for four years. Each four-year extension
shall constitute a separate agreement.
ARTICLE XII
VALIDITY
This agreement shall be construed to effectuate the purposes stated in Articles
II and III hereof. 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
the applicability thereof to other persons and circumstances shall not be
affected thereby.
Agreed:
Columbus, Georgia
(Muscogee County) ______________________________
County/Municipality Authorized Representative
________________
Date
_______________________________________________
Director of GEMA-Homeland Security or
Authorized Representative
__________________
Date
Attachments
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