I~~
Alamo Area Council
Of Governments
MEMORANDUM
TO: ELECTED OFFICALS in the AACOG Region
FROM: Adrienne R. Cohen
Specialist Emergency Preparedness
RE: MUTUAL AID AGREEMENTS
Enclosed is an executed copy of your jurisdiction's Mutual Aid
Agreement. The original will be kept on file at AACOG.
Thank you for your prompt attention towards the approval of
this agreement.
8700 Tesoro, Sufte 700 ~ San Antonio, Texas ~ 78217 ~ (290) 362-5200 ~ Fax: (210) 225-5937 ~ Web site: www.aacog.com ~ E-mall: mail~aacog.com
Alamo Area Council of Governments
REGIONAL
Mt~ru~
AID
Guidebook
September i, 2003
REGIONAL MUTUAL AID COMMITTEE
The RMA Guidebook was developed by the Alamo Area Council of Govemments
Emergency Preparedness Division to promote the acceptance and implementation of
Regional Mutual Aid program. After the program is implemented, the AACOG Board of
Directors and the Regional Emergency Preparedness Advisory Committee will continue
to provide policy-making guidance and oversight as needed. The Alamo Area Council of
Governments will provide staff support for this effort.
Regional Mutual Aid At a Glance
What It Does
• Provides the form and structure and ident~es procedures and expectations.
• Solves potential problems and concerns related to liability, insurance, and reimbursement.
• Has the active support of all local government management and professional emergency responder
member organizations.
• Does not interfere with existing state or local mutual aid agreements or programs.
• Provides a process needed to secure the reimbursement of all deployment-related costs from the
Requesting Party to the Assisting Party or for the subsequent reimbursement of allowable costs
from the federal government and/or the state government in the event of a federal disaster
declaration.
Building a Capability
• The Regional Mutual Aid Guidebook is brief and open-ended by design. The ability to implement
effectively and to provide for reimbursement efficiently will be developed over time based on
lessons-learned from actual events.
The Guidebook will be maintained on the web site of the Alamo Area Council of Governments
(AACOG) at: htp~//www aacoa com/cjd/emergencypreparedness/ReaionalMAid ,~df
Effective Nov.2003 2
REGIONAL MUTUAL AID
GUIDEBOOK
CONTENTS
Introduction
Implementation
Reimbursement
Training
Glossary
Attachment 1: Model Authorizing Resolution
Attachment 2: Event Agreement
Attachment 3: Points of Contact
Effective Nov.2003
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Regional Mutual Aid Program
Introduction
The AACOG Regional Mutual Aid (RMA) program was developed to assist cities and
counties to more effectively and efficiently exchange services and resources, in
response to a disaster event where assistance needs to be provided from one area of
the AACOG to another. RMA resolves inconsistencies and uncertainties concerning the
insurance and liability coverage of emergency workers when deployed from one
jurisdiction to another and takes full advantage of opportunities for federal/state
reimbursement of deployment-related costs.
LOCAL GOVERNMENT OFFICIALS, WHO HAVE EXPERIENCED A DISASTER
EVENT, CAN PROVIDE GUIDANCE TD THEIR COUNTERPARTS WHO HAVEN'T
RECENTLY EXPERIENCED A MAJOR DISASTER.
Purpose
This program is supplemental to, and does not affect, existing day-to-day mutual aid
agreements between adjacent or nearby jurisdictions. The primary emphasis of RMA is
to facilitate the provision of mutual aid between member jurisdictions that have signed an
Authorizing Resolution.
Program
The program consists of two parts. Under the Regional Mutual Aid Agreement
Authorizing Resolution (see Attachment 1), cities and counties will participate in the
concept of regional mutual aid thereby agreeing to provide assistance when asked, if
they are able to do so, without compromising their ability to respond to a disaster event
in their own jurisdiction:
During a disaster event, a Regional Mutual Aid Event Agreement (see Attachment 2) can
be quickly developed and executed so that the specific manpower and equipment
resources to be provided, the terms and conditions of the assistance to be provided will
be identified and officially agreed to by both Requesting Party and Assisting Party.
Under the Regional Mutual Agreement any type of assistance may be requested and
provided. It is expected that the types of personnel or task forces to be deployed will
have been pre-identified. Insurance standards for Worker's Compensation identified by
the Texas Workers' Compensation Act, Automobile and General liability coverage as
established by the Texas Motor Vehicle Financial Responsibility law, Public Officials and
Law Enforcement liability coverage will have been addressed. Each participating
memberjurisdiction must maintain Public Officials, Law Enforcement, General and
Automobile Liability coverage for its own exposures. Each member jurisdiction must
maintain Workers' Compensation coverage for its own employees and determine the
extent of same coverage for potential emergency response personnel from volunteer
and other non-governmental and/or contractual organizations. Volunteer fire and/or
4
Effective Nov.2003
rescue organizations should have policies that provide at least $1,000,000 of liability
coverage per occurrence.
Agreements relative to reimbursable expenses of personnel, equipment and materials
will also have been addressed. In other words, form and structure will be provided in
advance in order to establish common expectations and procedures for implementation.
Although guidance for reimbursements are provided, assistance under the RMA
program should be requested and provided based only on the need and ability to
respond to a disaster event, and should not be based on any anticipated federal/state
reimbursement.
Once a participating member jurisdiction signs the Authorizing Resolution, it will continue
in perpetuity until terminated. The AACOG Emergency Preparedness Manager will keep
the official record of, and periodically report on the status of the RMA.
Implementation
Regional Mutual Aid (RMA) will be initiated by an official Event Agreement between two
participating member jurisdictions. If a participating member jurisdiction experiences or
expects to experience, a disaster event and needs assistance from another participating
member jurisdiction, the Emergency Management Director or the Emergency
Management Coordinator or pre-authorized designated person may activate the mutual
aid by the following means:
1) ACTIVATION BY DIRECT CONTACT BETWEEN MEMBER JURISDICTIONS
The three-part RMA Event Agreement form (see Attachment 2) is the official form to be
used by Participating member jurisdictions when requesting or providing assistance
under this program. Each RMA deployment can be officially implemented only with the
completion of this form. Each part requires the signature of the Emergency
Management Director or the Emergency Management Coordinator or a designated
person who has been pre-authorized to coordinate assistance under RMA to either
request or provide assistance.
A completed RMA Event Agreement form constitutes a contract between Requesting
Party and Assisting Party. The authorizing signatures of the Requesting Party (Part III}
and the Assisting Party (Part II) constitute a contract for services to be provided.
Substantive changes to the terms and conditions in the original RMA Event Agreement
that occur during the deployment may require a revised RMA Event Agreement. A copy
of the original RMA Event Agreement form, and any revisions to the RMA Event
Agreement must be included in the Request for Reimbursement package
Requests for RMA assistance may be initiated verbally when an urgent response is
needed. However, verbal requests must be followed-up within 24 hours by completing
and submitting Part I of the RMA Event Agreement form.
Part li of the RMA Event Agreement form is to be completed by the Assisting Party. The
Assisting Party should provide necessary information about the personnel and resources
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Effective Nov.2003
to be. The Assisting Party should also include a cost estimate for the assistance that is
being provided. This information becomes the basis for the RMA Event agreement.
If the services to be provided, terms, and conditions reflected in Part II meet with the
approval of the Requesting Party's Emergency Management Director, or Emergency
Management Coordinator or a pre-authorized designated person he will sign Part III of
the RMA Event Agreement farm.
When the Emergency Management Director, Emergency Management Coordinator or
the pre-authorized designated person or the RMA member jurisdiction receives a
request for assistance (i.e., a RMA Event Agreement farm with Part I completed) from
another RMA member jurisdiction it will:
Confirm the availability of the resources requested.
Respond telephonically to the request advising the Requesting Party of the extent to
which the requested assistance can be provided.
Complete and submit Part II of the RMA Event Agreement.
HINT: DURING PART II OF THE RMA PROCESS, DIRECT COORDINATION BETWEEN REQUESTING
PARTY AND ASSISTING PARTY'S EMERGENCY MANAGEMENT DIRECTOR, COORDINATOR OR A PRE-
AUTHORIZED PERSON IS STRONGLY ENCOURAGED. EACH SHOULD HAVE A WORKING
UNDERSTANDING OF WHAT IS NEEDED, WHAT IS GOING TO BE PROVIDED, AND THE TERMS OF
REIMBURSEMENT. THE LOGISTICAL ARRANGEMENTS FOR THE RECEPTION OF ASSISTING PARTY
PERSONNEL IN THE REQUESTING PARTY'S LOCALITY (TIME, PLACE, POINT-0F-CONTACT, LODGING
ARRANGEMENTS, ETC.) SHOULD BE INCLUDED tN PART II.
A PRE-DEPLOYMENT BRIEFING SHOULD 8E PROVIDED TO PERSONS TO BE DEPLOYED BY THE
ASSISTING PARTY PRIOR TO THEIR DEPARTURE. THEY WILL NEED TO KNOW WHAT WORKING
CONDITIONS TO EXPECT AND HOW TO KEEP THE RECORDS NEEDED FOR REQUESTING
REIMBURSEMENT. SHOULD AN ASSISTING PARTY PROVIDE A STRIKE TEAM OR OTHER SUBSTANTIAL
IN THE-FIELD RESOURCES, IT SHOULD ALSO PROVIDE A FIELD DEPLOYMENT LIAISON OFFICER AS A
PART OF THE DEPLOYMENT TO DOCUMENT MISSIONS REQUESTED AND ASSIGNED, ASSURE THAT
REIMBURSEMENT DOCUMENTATION IS MAINTAINED, AND PREPARE A DEMOBILIZATION PLAN TO
RETURN PERSONNEL AND EQUIPMENT IN A SAFE AND TIMELY MANNER.
Within 10 days of the termination of mutual aid provided under this agreement, an after-
action or summary report will be submitted by each Requesting Party to each Assisting
Party and to the Emergency Preparedness Manager at the Alamo Area Council of
Governments (AACOG). It should include lessons-learned and suggested
recommendations for improving the program.
2) ACTIVATION BY CONTACTING THE REGIONAL DISASTER DISTRICT
The Regional DDC EOC is activated, usually in conjunction with a "state of emergency"
declaration by the Governor. The DDC will function as the primary coordination center
for mutual aid. The DDC will locate the resources that have been identified by the
Requesting Party. The DDC will advise the Requesting Party of the location and
quantity of the resources that have been requested.
If the DDC has identified the resources as being covered as a state asset, the DDC will
make the necessary arrangements for deployment and documentation of associated
costs.
Effective Nov.2003 6
If the DDC has located resources that are not covered as a state asset, the Requesting
Party must initiate a RMA Event Agreement with the Assisting Party by following the
procedures in 1) above.
The DDC as part of its normal duties reports all known mutual aid activities in the region
for inclusion in the daily Situation Report from the State EOC to the Governor's Office.
These reports will be provided until all deployed personnel have returned to their home
locality at which time a final status report will be prepared.
This final report wil( serve as the basis for the Assisting Party developing its Request for
Reimbursement package that will be submitted to the Requesting Party.
Effective Nov.2003 7
How to Implement Regional Mutual Aid
At A Glance
• Sign-on through an Authorizing Resolution.
• Study and understand the Guidebook.
• Incorporate RMA into your existing plans and programs.
• Attend training when provided. Monitor the AACOG RMA program web page.
• Be prepared to implement.
Requesting Party
• In response to a disaster event, complete Part I of the RMA Event Agreement requesting
assistance from one or more RMA member jurisdictions. A direct verbal request followed by the
form within 24 hours is acceptable.
• Request guidance and assistance in implementing RMA from the Regional DDC, if needed.
• Coordinate with Assisting Party and be speck about what is needed and what is being
provided.
• Receive a completed Part II with authorized signature from the Assisting Party via fax.
• Upon acceptance of the services, terms and conditions presented, execute the RMA Event
Agreement by signing and returning Part 111 to the Assisting Party via fax.
• Receive deployed personnel and make work assignments as needed in accordance with the
RMA Event Agreement.
• Maintain all required documentation.
• Within 10 days after the return of all deployed personnel, provide a RMA After Action Report to
the Assisting Party.
• Coordinate with Texas Division of Emergency Management to request federal/state
reimbursement as appropriate.
Assisting Party
• Inventory personnel and resources including volunteers. Consider insurance coverage and
liability protection for those selected for potential deployment to another jurisdiction.
• Receive the RMA Event Agreement Part I or verbal request for assistance" from a Requesting
Party. Determine your response capabilities.
• If your jurisdiction can help, respond directly to the Requesting party. Coordinate to determine the
personnel, conditions, and terms of the assistance to be provided.
• Obtain an RMA Event Agreement Part I from the Requesting Party if not yet provided.
• If there is a verbal agreement, complete and submit a detailed RMA Event Agreement Part II to
the Requesting Party. If accepted, a completed Part III will be provided by the Requesting Party.
• Mobilize for deployment. Prior to deployment, brief the team about what to expect and the
documentation needed for reimbursement.
• Deploy and assist.
• Mobilize and return.
• Submit a Notification of Intent to Seek Reimbursement within 10 days to the Requesting Party
and an official Request for Reimbursement package within 30 days of the return of deployed
personnel.
Effective Nov.2003 ~
REIMBURSEMENT UNDER RMA
The Requesting Party should officially acknowledge receipt of each letter of notification
and of its intent to reimburse the Assisting Party for expenses incurred and documented.
The Assisting Party will prepare and submit a Request for Reimbursement package to
the Requesting Party within 30 days of the return of deployed personnel. Each Assisting
Party is responsible for the development of its own Request for Reimbursement
package.
While, there is no provision in the mutual aid resolution for waiver of reimbursement, a
participating jurisdiction may assume or donate in whole or in part the costs associated
with any loss, damage, expense or use of personnel, equipment, and resources
provided, by advising the Requesting Jurisdiction that you are willing to assist without
fee.
If you agree to provide the assistance without fee, you may be waiving any possible
funding reimbursement from Federal or State sources.
In the spirit of RMA, Assisting Parties are expected to accomplish acost-effective
deployment while providing amuch-needed service. The extent to which this is
accomplished will be reflected in the RMA Summary Report of each disaster.
RECORD KEEPING -REQUESTING PARTY AND ASSISTING PARTY
The following records will be maintained by each Party:
^ Official completed RMA Event Agreements
^ Summary report of each RMA conference call
^ Copies of a-mail messages among participating member jurisdictions
^ EOC Situation Reports reflecting all assistance requested and provided
• Manning document for all RMA-deployed personnel requested and provided.
Effective Nov.2003 9
Reimbursement
At A Glance
Assisting Party
Attend training.
• Develop procedures to document RMAdep/oyment-related costs based on existing
personnel, payroll, and travel policies.
• Prior to deployment, brief personnel on documentation requirements. Assign one
team member to be responsible for facilitating and collecting the needed
documentation.
Send a Notice of Intent to Request Reimbursement to the Requesting Party within 10
days of the return of deployed personnel.
• Complete the Request for Reimbursement package. Coordinate with the a Requesting
Party to ensure that you have put together a complete package.
• Submit the official Request for Reimbursement Package to the Requesting Party within
30 days of the return of deployed personnel.
Requesting Party
• Attend training.
Receive a Notification of Intent to Request Reimbursement from the Assisting Party.
This not cation is due within 10 days of the return of deployed personnel.
Acknowledge receipt.
Receive the official Request for Reimbursement package from the Assisting Party.
This request is due within 30 days of the return of deployed personnel. Request any
additional documentation needed. Acknowledge receipt.
• Request federal and/or state reimbursement as appropriate.
Training
RMA is a regional program designed to facilitate mutual aid during disaster events.
Local governments and their emergency services personnel should be thoroughly
familiar with the procedures associated with the RMA. The AACOG Emergency
Preparedness Manager will provide training to assure that all participating member
jurisdictions have a good working knowledge of the RMA program.
The AACOG web site will provide the latest version of the RMA Guidebook, to include a
listing of participating member jurisdictions with authorized points-of-contact and the
forms needed for implementation.
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Effective Nov.2003
GLOSSARY OF TERMS
For the purposes of this Guidebook, the terms listed below will have the following
meanings:
1. "DISASTER EVENT".
a. HOMELAND SECURITY ACTIVITY" -any activity related to the
prevention or discovery of, response to, or recovery from a terrorist
attack, natural or man-made disaster, hostile military or paramilitary
action, or extraordinary law enforcement emergency.
b. "CIVIL EMERGENCY" -the unforeseen combination of circumstances
or the resulting consequences thereof within the geographic limits of a
given jurisdiction that calls for immediate action or for which there is an
urgent need for assistance or relief to protect the general citizenry.
c. "DISASTER" -- any occurrence or imminent threat of widespread or
severe damage, injury, or loss of life or property resulting from any
natural or man-made cause, including fire, flood, earthquake, wind,
storm, wave action, oil spill or other water contamination, volcanic
activity, epidemic, air contamination, blight, drought, infestation,
explosion, riot, hostile military or paramilitary action, energy emergency
as defined in Chapter 418 of the Texas Government Code, acts of
terrorism, and other public calamity requiring emergency action.
d. "DISASTER THREAT" -- a disaster that is likely to clearly exceed local
capabilities and require a broad range of state and federal assistance.
2. "EVENT AGREEMENT" -- a contract between two member political
subdivisions entered into at the time of emergency in which the Assisting Party
agrees to provide specified resources to the Requesting Party under the terms
and conditions specified in the Agreement.
3. "REQUESTING PARTY" --the member political subdivision requesting aid in
the event of an emergency or disaster and participating in the Regional Mutual
Aid Program pursuant to the terms and conditions of this Resolution.
4. "ASSISTING PARTY" -- the member political subdivision furnishing equipment,
services and/or manpower to the Requesting Party, and participating in the
Regional Mutual Aid Program ("the Program") pursuant to terms consistent with
those in this Resolution.
5. "AUTHORIZED REPRESENTATIVE" -- an officer or employee of a member
political subdivision having written authority from that entity to request, offer, or
provide assistance under the terms of this Resolution.
6. "COG" -Alamo Area Regional Council of Governments..
7. "IMPLEMENTATION GUIDEBOOK" -- Guidance document promulgated by the
COG to assist member political subdivisions with regional mutual aid activities,
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Effective Nov.2003
by providing procedures and minimum standards for participation, and
compliance with state and federal reimbursement requirements.
8. "POLITICAL SUBDIVISION" -means county or incorporated city.
9. "DDC" -means District Disaster Committee as established in each Texas
Department of Public Safety Region.
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Effective Nov.2003
REGIONAL MUTUAL AID AGREEMENT
AUTHORIZING RESOLUTION
STATE OF TEXAS:
COUNTY OF
This Regional Mutual Aid Agreement (RMA) is entered into by and between all the
Parties identified in Attachment 3, in the. Alamo Area Council of Governments Region (the
"Region").
RECITALS
WHEREAS, the Parties recognize the vulnerability of the people and communities located
within the Region to damage, injury, and loss of life and property resulting from a disaster
event, and recognize that these events may present equipment and manpower requirements
beyond the capacity of each individual Party; AND
WHEREAS, the Parties recognize that in the past, mutual aid has been provided between or
among the Parties in the form of personnel, supplies and equipment during disasters and/or
civil emergencies and during cleanup periods; AND
WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of
mutual aid and protection of life and property in the event of a disaster and/or civil emergency;
AND
WHEREAS, the Parties wish to make suitable arrangements for furnishing mutual aid in coping
with disasters and/or civil emergencies and are so authorized to make this Agreement pursuant
to Chapter 791, Texas Government Code (Interlocal Cooperation Act), Chapter 418, Texas
Government Code (Texas Disaster Act of 1975), Chapter 421, Texas Government Code
(Homeland Security), Chapter 362, Texas Government Code and Executive Order No. RP-12
by the Governor of the State of Texas (April 3, 2002); AND
WHEREAS, the Parties recognize that a formal agreement for mutual aid would allow for better
coordination of effort, ensure that adequate equipment is available, and ensure that mutual aid
is accomplished in the minimum time possible; AND
WHEREAS, the [Commissioner's Court or City Council] resolves that the [political subdivision]
shall have the authority to participate in the Regional Mutual Aid Program in accordance with
the following terms and conditions, that shall be in the nature of a compact and agreement
among participating entities that have adopted similar executive orders, ordinances or
resolutions. This Regional Mutual Aid program may include requests for and the provision of
personnel, equipment, materials, and other forms of assistance, or any combination of
assistance, to any entity within the Alamo Area Council of Governments Region, pursuant to
the following terms and conditions: '
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. RECITALS. The recitals set forth above are true and correct.
SECTION 2. DEFINITIONS. For the purposes of this Agreement, the terms listed below will
have the following meanings:
Effective November 2003
Page 1 of 9
A. "DISASTER EVENT".
a. HOMELAND SECURITY ACTIVITY" -any activity related to the prevention or
discovery of, response to, or recovery from a terrorist attack, natural or man-
made disaster, hostile military or paramilitary action, or extraordinary law
enforcement emergency.
b. "CIVIL EMERGENCY" -the unforeseen combination of circumstances or the
resulting consequences thereof within the geographic limits of a given
jurisdiction that calls for immediate action or for which there is an urgent need
for assistance or relief to protect the general citizenry.
c. "DISASTER" --any occurrence or imminent threat of widespread or severe
damage, injury, or loss of life or property resulting from any natural or man-
made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill
or other water contamination, volcanic activity, epidemic, air contamination,
blight, drought, infestation, explosion, riot, hostile military or paramilitary action,
energy emergency as defined in Chapter 418 of the Texas Government Code,
acts of terrorism, and other public calamity requiring emergency action.
d. "DISASTER THREAT" - a disaster that is likely to clearly exceed local
capabilities and require a broad range of state and federal assistance.
B. "EVENT AGREEMENT" - a contract between two member political subdivisions
entered in#o at the time of emergency in which the Assisting Party agrees to provide
specified resources to the Requesting Party under the terms and conditions specified in
the Agreement.
B. "REQUESTING PARTY" -the member political subdivision requesting aid in the event
of an emergency or disaster and participating in the Regional Mutual Aid Program
pursuant to the terms and conditions of this Resolution.
C. "ASSISTING PARTY" -the member political subdivision furnishing equipment,
services and/or manpower to the Requesting Party, and participating in the Regional
Mutual Aid Program ("the Program") pursuant to terms consistent with those in this
Resolution.
D. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political
subdivision having written authority from that entity to request, offer, or provide
assistance under the terms of this Resolution.
E. "COG" -Alamo Area Regional Council of Governments..
F. "IMPLEMENTATION GUIDEBOOK" -Guidance document promulgated by the COG to
assist member political subdivisions with regional mutual aid activities, by providing
procedures and minimum standards for participation, and compliance with state and
federal reimbursement requirements.
G. "POLITICAL SUBDIVISION" -means county or incorporated city.
H. "DDC" -means District Disaster Committee as established in each Texas Department
of Public Safety Region.
SECTION 3. PARTY'S EMERGENCY MANAGEMENT PLAN. Each Party shall prepare and
keep current an emergency management plan for its jurisdiction to provide for
emergency/disaster mitigation, preparedness, response and recovery, in accordance with
Chapter 418 of the Texas Government Code. The emergency management plan shall
incorporate the use of available resources, including personnel, equipment and supplies,
necessary to provide mutual aid. The emergency management plan shall be submitted to the
Governor's Division of Emergency Management.
Effective November 2003
Page 2 of 9
SECTION 4. EMERGENCY MANAGEMENT DIRECTOR. The County Judge of each County
and the Mayor of each city participating in this Agreement shall serve as the Emergency
Management Director for his/her respective jurisdiction and shall take all steps necessary for
the implementation of this Agreement. Each Emergency Management Director may designate
an Emergency Management Coordinator who shall serve as an assistant to the County Judge
or Mayor of the political subdivision for emergency management purposes.
SECTION 5. ACTIVATION OF AGREEMENT. This Agreement may be activated in the event
of either:
(a) a declaration of a local state of disaster by a Party pursuant to Chapter 418 of the
Texas Government Code; or
(b) the finding of a state of civil emergency by the Emergency Management Director of
the governing body of a Party; or
(c) a Homeland Security Activity.
The activation of the Agreement shall continue, whether or not the "Disaster Event is still active,
until the services of the Party rendering aid are no longer required or when the officer in charge
of the forces of the Party rendering aid determines, in his sole discretion, that further assistance
should not be provided.
SECTION 6. REQUEST FOR MUTUAL AID.
(A) Local Disaster. In the event of a local disaster declaration, the Emergency
Management Director or the designated Emergency Management Coordinator of a Party
seeking mutual aid shall make the request directly to the Authorized Representative of
the Assisting Party from whom aid is sought. A Party from whom mutual aid is sought
shall furnish mutual aid to cope with the disaster to the requesting Party, subject to the
terms of this Agreement. In the event of a widespread disaster affecting more than one
Parry, each affected Party shall utilize its respective State of Texas Department of Public
Safety Disaster District Committee for coordinating the provision of mutual aid.
(B) Civil Emergency. If the presiding officer of the governing body of a Party determines
that a state of civil emergency exists that requires assistance from another Party, the
presiding officer (or his authorized representative) of the Party requesting mutual aid shall
make the request directly to the Authorized Representative of the Assisting Party from
which assistance is sought and provide the information in the Request Form prescribed in
the Regional Mutual Aid Implementation Guidebook. Before the emergency assistance is
provided, the presiding officer (or his authorized representative) of the Party assisting
shall authorize such assistance by resolution or other official action, in accordance with
Chapter 791 of the Texas Government Code. In the event of a widespread civil
emergency affecting more than one Party hereto, each affected Party shall utilize its
respective State of Texas Department of Public Safety Disaster District Committee for
coordinating the provision of mutual aid.
(C) DISASTER THREAT. In the event of an imminent threat of an emergency such that
local capabilities are or are predicted to be exceeded, the Emergency Management
Director or the designated Emergency Management Coordinator, or the Authorized
Representative of a Party seeking mutual aid shall make the request directly to the
Authorized Representative of the Assisting Party from which assistance is sought and
provide the information as required by Attachment 2 of this agreement.
Effective November 2003
Page 3 of 9
CONDITIONS. The furnishing of resources under this Agreement is subject to the
following conditions:
(a) Requests for assistance must be made in writing or by facsimile utilizing the RMA-2
Request Form included in the Regional Mutual Aid Implementation Guide;
(b) A request for aid shall specify the amount and type of resources being requested, the
location where the resources are to be dispatched, and the specific time by which
such resources are needed;
(c) The Assisting Party shall take such action as is necessary to provide and. make
available the resources requested, provided however, that the Assisting Party, in its
sole discretion, shall determine what resources, if any, it has available to respond to
the request; and
(d) The Assisting Party shall report to the officer in charge of the Requesting Party's
forces at the location to which the resources are dispatched.
(e) SUPERVISION AND CONTROL: When providing assistance under the terms of this
Agreement, the personnel, equipment, and resources of any Assisting Party will be
under the operational control of the Requesting Party, the response effort to which
SHALL be organized and functioning within an Incident Command System (ICS) or
Unified Command System (UCS). Direct supervision and control of personnel,
equipment and resources shall remain with the designated supervisory personnel of
the Assisting Party. T.he designated supervisory personnel of the Assisting Party
shall maintain daily personnel time records, material records, and a log of equipment
hours; be responsible for the operation and maintenance of the equipment and other
resources furnished by the Assisting Party; and shall report work progress to the
Requesting Party. The Assisting Party's personnel and other resources shall remain
subject to recall by the Assisting Party at any time, upon reasonable notice to the
Requesting Party. At least twenty-four hour advance notification of intent to withdraw
personnel or resources shall be provided to the Requesting Party unless such notice
is not practicable, in which case such notice as is reasonable shall be provided;
(f) MUTUAL AID PLAN. By their signatures below, each Party hereto certifies that it will
provide mutual aid assistance under this Agreement in accordance with the Alamo
Area Council of Governments Regional Mutual Aid Plan. Additionally, each Party will
develop a continuity of government plan which specifies those positions authorized to
activate this Agreement.
(g) FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed
otherwise, the Requesting Party shall have the responsibility of providing food and
housing for the personnel of the Assisting Party from the time of their arrival at the
designated location to the time of their departure. However, Assisting Party
personnel and equipment should be, to the greatest extent possible, self-sufficient
while working in the emergency or disaster area. The Requesting Party may specify
only self-sufficient personnel and resources in its request for assistance;
(h) COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party
shall have the responsibility for coordinating communications between the personnel
of the Assisting Party and the Requesting Party. Assisting Party personnel should be
prepared to furnish communications equipment sufficient to maintain communications
among their respective operating units;
(i) RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of
the Assisting Party are rendering aid pursuant to this Agreement, such persons shall
have the powers, duties, rights, privileges, and immunities, and shall receive the
compensation, incidental to their employment or position;
(j) TERM OF DEPLOYMENT: The initial duration of a request for assistance will be
specified by the Requesting Party, to the extent possible by the situation.
Effective November 2003
Page 4 of 9
(k) SUMMARY REPORT: Within ten days of the return of all personnel deployed under
this Regional Mutual Aid Agreement, the Requesting Party will prepare a Summary
Report of the event, and provide copies to each Assisting Party. The report shall
include a chronology of events and description of personnel, equipment and
materials provided by one party to the other.
SECTION 7. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any assistance provided pursuant to this
Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the Event Agreement.
A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay
its employees according to its then prevailing ordinances, rules, and regulations.. The
Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll
costs and expenses (including travel expenses, benefits, workers' compensation claims
and expenses) incurred during the period of assistance, unless agreed to otherwise by
the parties in the Event Agreement.
B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the
use of its equipment during the period of assistance according to either apre-established
local or state hourly rate or according to the actual replacement, operation, and
maintenance expenses incurred. For those instances in which some costs may be
reimbursed by the Federal Emergency Management Agency, the eligible direct costs
shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at
the time of the Disaster Event. Each Party shall maintain its own equipment in safe and
operational condition. At the request of the Assisting Party, fuels, miscellaneous
supplies, and minor repairs may be provided by the Requesting Party, if practical. If the
equipment charges are based on apre-established local or state hourly rate, then these
charges to the Requesting Party shall be reduced by the total value of the fuels, supplies,
and repairs furnished by the Requesting Party and by the amount of any insurance
proceeds received by the Assisting Party.
C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials
and supplies furnished by it and used or damaged during the period of assistance, except
for the costs of equipment, fuel, maintenance materials, labor and supplies, which shall
be included in the equipment rate established above, unless such damage is caused by
gross negligence, or willful and wanton misconduct of the Assisting Party's personnel.
The measure of reimbursement shall be determined in accordance with 44 CFR 206.228
or other regulations in effect at the time of the disaster. In the alternative, the Parties
may agree that the Requesting Party will replace, with like kind and quality as determined
by the Assisting Party, the materials and supplies used or damaged. If such an
agreement is made, it shall be reduced to writing and transmitted to the COG.
D. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for
reimbursement by the Requesting Party in accordance with existing policies and
practices. Upon the declaration of a state or federal disaster, the Requesting Party and
Division of Emergency Management personnel shall provide information, directions, and
assistance for record keeping to Assisting Party personnel. Division of Emergency
Management personnel will assist the Requesting Party in seeking federal and State
reimbursement.
E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the
Requesting Party for all reimbursable expenses with an itemized statement as soon as
practicable after the expenses are incurred, but not later than sixty (60) days following the
period of assistance, unless the deadline for identifying damage is extended in
Effective November 2003
Page 5 of 9
accordance with applicable federal or State regulations. The Requesting Rarty shall pay
the bill, or advise of any disputed items, not later than sixty (60) days following receipt of
the statement, unless otherwise agreed upon.
SECTION 8. INSURANCE.
A. WORKERS' COMPENSATION COVERAGE: Each Party shall be responsible for its
own actions and those of its employees and is responsible for complying with the
Texas Workers' Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own
actions and is responsible for complying with the Texas motor vehicle financial
responsibility laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT
LIABILITY: To the extend permitted by law and without waiving sovereign immunity;
each Party shall be responsible for any and all claims, demands, suits, actions,
damages, and causes for action related to or arising out of or in anyway connected
with its own actions, and the actions of its personnel in providing Mutual Aid
assistance rendered or performed pursuant to the terms and conditions of this
Agreement. Each Party agrees to obtain general liability, public official's liability and
law enforcement liability, if applicable, or maintain a comparable self-insurance
program.
D. OTHER COVRAGE: The Assisting Party shall provide and maintain their standard
packages of medical and death benefit insurance coverage while their personnel are
assisting the Requesting Party.
SECTION 9. WAIVER OF CLAIMS AGAINST PARTIES: IMMUNITY RETAINED. Each Party
hereto waives all claims against the other Parties hereto for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the performance of this Agreement,
except those caused in whole or in part by the negligence of an officer, employee, or agent of
another Party. No Party waives or relinquishes any immunity or defense on behalf of itself, its .
officers, employees and agents as a result of the foregoing sentence or its execution of this
Agreement and the performance of the covenants contained herein.
SECTION 10. EQUIPMENT AND PERSONNEL. During the time mutual aid is being furnished,
all equipment used by the Assisting Party shall continue to be owned, leased, or rented'by the
Assisting Party. At all times while equipment and personnel of a Assisting Party are traveling to,
from, or within the geographical limits of the Requesting Party in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be employed ort~sed, as the case
may be, in the full line and cause of duty of the Assisting Party. In addition, such personnel shall
be deemed to be engaged in a governmental function of their entity.
SECTION 11. EXPENDING FUNDS. Each Party that performs services or furnishes aid
pursuant to this Agreement shall do so with funds available from current revenues of the Party.
No Party shall have any liability for the failure to expend funds to provide aid hereunder.
SECTION 12. TERMINATION. It is agreed that any Party hereto shall have the right to
terminate its participation in this Agreement upon ninety (JA 30) days written notice to the other
Parties hereto.
SECTION 13. TERM. This Agreement shall become effective as to each Party when approved
and executed by that Party. This Agreement shall continue in force and remain binding on each
and every Party until such time as the governing body of a Party terminates its participation in this
Agreement pursuant to Section 12 of this Agreement. Termination of participation in this
Agreement by a Party shall not affect the continued operation of this Agreement between and
Effective November 2003
Page 6 of 9
among the remaining Parties and this Agreement shall continue in force and remain binding on
the remaining Parties.
SECTION 14. ENTIRETY. This Agreement contains all commitments and agreements of the
Parties with respect to the mutual aid to be rendered hereunder during or in connection with a
disaster and/or civil emergency. No other oral or written commitments of the Parties with respect
to mutual aid under this Agreement shall have any force or effect if not contained herein, except
as provided in Section 16 below.
SECTION 15. RATIFICATION. Each Party hereby ratifies the actions of its personnel taken
prior to the date of this Agreement.
SECTION 16. OTHER MUTUAL AID AGREEMENTS. Notwithstanding Section 14; it is
understood and agreed that certain signatory Parties may have heretofore contracted or may
hereafter contract with each other for mutual aid in civil emergency and/or disaster situations, and
it is agreed that, to the extent there is a conflict between this Agreement and any other such
Mutual Aid agreement, the provisions this Agreement shall be superior to any such individual
contract.
Specifically, the existence of this Agreement shall not prevent a municipality, county,
emergency services district, fire protection agency, organized volunteer group, or other
emergency services entity from providing mutual aid assistance on request from another
municipality, county, emergency services district, fire protection agency, organized volunteer
group, or other emergency services entity, in accordance with the provisions in Section 418.109
(d) of the Texas Government Code. Additionally, the existence of this Agreement shall not
prevent any Local Government, which is a Party hereto from providing emergency assistance to
another Local Government, which is not a party hereto, in accordance with the provisions in
Section 791.027 of the Texas Government Code.
SECTION 17. INTERLOCAL COOPERATION ACT. The Parties agree that mutual aid in the
context contemplated herein is a "governmental function and service° and that the Parties are
"local governments" as that term is defined herein and in the Inter-local Cooperation Act.
SECTION 18. SEVERABILITY. If a provision contained in this Agreement is deemed to be
invalid for any reason, the invalidity does not affect other provisions of the Agreement that can be
given effect without the invalid provision, and to this end the provisions of this Agreement are
severable.
SECTION 19. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations
affect the validity or enforceability of a provision of this Agreement, then the legal limitations are
made a part of this Agreement and shall operate to amend this Agreement to the minimum extent
necessary to bring this Agreement into conformity with the requirements of the limitations, and so
modified, this Agreement shall continue in full force and effect.
SECTION 20. AMENDMENT. This Agreement may be amended only by the mutual written
consent of the Parties.
SECTION 21. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the
Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to
create any rights in third parties.
SECTION 22. WARRANTY. The Agreement has been officially authorized by the governing
body or controlling body or agency of each Party hereto by order, ordinance or resolution and
each signatory to this Agreement guarantees and warrants that the signatory has full authority to
execute this Agreement and to legally bind the respective Party to this Agreement.
Effective November 2003
Page 7 of 9
SECTION 23. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Texas. Venue for an action arising under this Agreement shall be in
accordance with the Texas Rules of Civil Procedure.
SECTION 24. HEADINGS. The headings at the beginning of the various provisions of this
Agreement have been included only in order to make it easier to locate the subject covered by
each provision and.are not to be used in construing this Agreement.
SECTION 25. ROLE OF THE REGIONAL COUNCIL OF GOVERNMENT. The Alamo
Area Council of Governments shall, during normal business hours provide staff support to
political subdivisions, officers and authorized agencies, and shall serve as the central
depository for agreements, resolutions, ordinances and executive orders, the resources of each
Party and will maintain a current listing of member political subdivisions and provide a copy of
this listing to each on an annual basis or as required.
SECTION 26. ROLE OF THE REGIONAL DISTRICT DISASTER COMMITTEE.
The District Disaster Council shall, during emergency operations, (1) request mutual aid on behalf
of a member political subdivision, under the circumstances identified in this Agreement, (2) keep
a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing
emergency ordisaster-related mutual aid as appropriate, and assist participants in meeting all
procedural and other requirements, including those pertaining to federal and State cost
reimbursement.
*"The Rest of this Page is Intentionally Left Blank**
Effective November 2003
Page 8 of 9
Attachment 1
MUTUAL AID AUTHORIZING RESOLUTION
EXECUTED by the Parties hereto, each respective entity acting by and through its duly
authorized official as required by law, on multiple counterparts each of which shall be deemed
to be an original, on the date specified on the multiple counterpart executed by such entity.
County, Texas:
.----_
NAME: 4.t' ~ ~-`
.~-= - "~
Signature' ~~~"`-° ~
Date ,/ ~. - ~--~- ~ 3
(Judge Hof ~-~- [Countyf~]'
Attest: _ /~~~
Received by:
. ~~M15S1(3,~;~
~~~~ ~
,~ ~~ ~;
~~
~~ .; ~
~ -~
~ _ ~~
NAME: AI J. Notion, III / ~/,`rl
Executive Director Date
Alamo Area Council of ~o~ rnments
Signature: ,: ~ c.,-. c -~
Please Complete Contact Information
Primary:
Contact Name:
Office Number:
E-mail address:
Alternate:
24 Hour Contact No.
Contact Name:
Ofi tce Number: 24 Hour Contact No.
E-mail address:
1-1
Attachment 2
PART I: REQUEST FOR ASSISTANCE
Emergency or disaster event:
Requesting Party:
1. General description of the event:
(Attach latest local Situation Report or summarize briefly.)
2. Identification of the emergency sejvices function(s) for which assistance is needed (e.g., fire,
law enforcement, emergency medical, transportation, communications, public works and
engineering, building inspection, mass care, resource support, search and rescue etc.) and the
particular type of assistance needed.
3. Identification of the public infrastructure system(s) for which assistance is needed (e.g., sanitary
sewer, potable water, storm water systems, etc.) and the type of work assistance required.
4. The amount and type of personnel, equipment, materials, and supplies needed and a
reasonable estimate of the length of time they will be needed:
5. Identify the Requesting Party's representative orpoint-of-contact.
Authorized Requesting Party Official:
Title:
Date:
Time:
After completion of Part I, fax this entire three page form to the potential assisting party and
to the Regional DDC : (210) 531-2205
PART II: ASSISTANCE TO BE PROVIDED
Assisting Party:
The request for assistance from
{Check one box only.)
^ Assistance can be provided as follows:
has been received.
1. Personnel: (List primary point-of-contact/team leader and all personnel. Provide titles and
Social Security #s for each. Be specific about the deployment related costs for which
reimbursement will be requested. The assisting party agrees that it will not seek
reimbursement from the requesting party for workers' cpmpensation coverage or claims.)
2. Equipment:
3. Place of Arrival:
4. Estimated Date and Time of Arrival:
5. Estimated Date and Time of Departure:
6. The above terms and information have been coordinated with the Requesting Party's point-
of-contact: Phone:
^ Assistance cannot be provided at this time. Briefly explain why.
Authorized Assisting Party Official:
Title:
Date:
Time:
After completion of Part II, fax this entire three page form to the requesting locality and
to the DDCEOC: (210) 531-2005.
Attachment 3
ALAMO AREA COUNCIL OF GOVERNMENTS
REGIONAL MUTUAL AID
POINTS OF CONTACT
September 1, 2003
The total number of counties (12), cities (56), and towns (1) eligible for participation in the Regional
Mutual Aid program is 69. The following list reflects those signed-on members that have also
officially named their points-of-contact for coordination. A current version of this listing with a-mail
links and fax numbers added is maintained on the password-protected part of the AACOG web site-
the "Online EOC." For additional information, contact the AACOG Emergency Preparedness
Manager at 210-362-5296 (office), via a-mail: dmcfarland(a),aacog com or through the District
Disaster Committee EOC 24 hour #, 210-531-2200.
21. f~.,s~~C~OF
22. R~SVI~`l~, CI'TY~
23. ~ ~~ °.~ CfT(3F
24. ~.,.: .= r
25. _. ~N 1~GE CIT'Y` C~~'
26. `ES ~ 0 .... ~ ,
27. RAY FCIRE,ST;° G~~TY'!
m
28. ~'' ,~ ,. ALt1P~.,CaIjNTY
30. HILL COUNT'RYVII~L~t~F}'C_ j,.a .~ „~,,
31. i~LOLLYWOQD PAItK,~'~~ ~'~
;__.
32. ~IONDO, CITY OF
33. GRAM; CI`PY ~O
34. d1JRDANTON; `_: g, '
35. 1~NES COUNTY
36. S, ~~'~.''
37. KENDALI: COUNTl
38. ~NEDY, CITY t)F
39. ~R~Z COtTNTY
40. xERRVILL'E''CITY OF
41. KIRBY, CITY`OF
42. LA"COSTE, CITY OF
43. LA VERNTA, CITY OF
44. LEON VALLEY, CITY OF
45. LIVE OAK, CITY OF
46. LYTLE, CITY' OF
3-2
3-3