Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

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

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