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Descriptive Note
Particularly with regard to emergency-related mutual aid agreements,
articulation of the steps to be followed in requesting aid and responding
to requests [including “incident command” provisions compliant with
the National Incident Management System (NIMS)] is advisable.**
Related provisions may include specification of the resources to
be provided and the circumstances under which aid may by withheld
or withdrawn. Procedural provisions should be drafted with a view
to the type of emergency triggering their use. For example, EMAC
provides the request and response mechanisms to be used during a
declared emergency; additional procedural agreements not in conflict
with EMAC requirements should be contemplated only if EMAC procedures
are considered to be in need of supplementation
Optional sample provisions
Prescribing procedures for request and response:
- The requesting Party shall include in its request for assistance
the amount and the type of equipment and the number of personnel
requested and shall specify the location where the equipment
and personnel are needed. The responding Party shall have exclusive
authority to determine the type of equipment and the number
of personnel to be furnished. No Party may make any claim whatsoever
against the other Party for refusal to send the requested equipment
or personnel.
- When requested to provide assistance, Parties agree to assess
their situation to determine availability of personnel, equipment,
and other resources. Parties shall render assistance to the
extent that personnel, equipment, and resources are available.
Each Party agrees to render assistance in accordance with the
terms of this Agreement to the fullest extent possible. When
the Party determines that it has available personnel, equipment,
or other resources, the Party shall so notify the requesting
Party, and provide the following information:
- A complete description of the personnel, equipment,
and other resources to be furnished;
- The estimated length of time that such personnel, equipment,
and other resources will be available to assist;
- The estimated time when the assistance provided will
arrive at the location designated by the receiving Party.
- The areas of experience, training, and abilities of
the personnel and the capability of the equipment to be
furnished, and
- The name of the person or persons to be designated as
supervisory personnel.
- The authorized representative of a Party may request assistance
of another Party by contacting its authorized representative.
These provisions only apply to requests for assistance made
by and to authorized representatives. Requests may be verbal
or in writing. The authorized representative will confirm a
verbal request in writing within 15 days.
Providing for incident command:
- Assets and equipment of a responding Party shall continue
under the control of the appropriate officials within the incident
management system of the Party receiving the assistance.
- The requesting Party shall be in command of the mutual aid
scene. The personnel and equipment of the responding Party shall
be under the direction and control of the requesting Party until
the responding Party withdraws assistance.
- All equipment and personnel provided by the responding Party
shall, at all times while at the site of an emergency, remain
under the sole and exclusive control and direction of the designated
representative of the Party supplying said equipment and personnel.
Said representative shall have an absolute right to remove any
or all equipment or personnel from the site at any time the
representative deems it appropriate.
- Emergency personnel continue under the command and control
of their regular leaders, but the organizational units come
under the operational control of the emergency services authorities
of the Party receiving assistance. These conditions may be activated,
as needed, by the Party that is to receive assistance or upon
commencement of exercises or training for mutual aid and continue
as long as the exercises or training for mutual aid are in progress,
the emergency remains in effect or loaned resources remain with
the receiving Party, whichever is longer. The receiving Party
is responsible for informing the responding Party when services
will no longer be required.
Acknowledging discretion to withhold or withdraw aid:
- A responding Party may withhold resources to the extent
necessary to provide reasonable protection and services for
its own jurisdiction.
- The Party rendering aid shall at all times have the right
to withdraw any and all aid provided, however, that the Party
withdrawing such aid shall notify the Party requesting aid of
the withdrawal of such aid and the extent of such withdrawal.
- It is expressly understood and agreed by the Parties that
the rendering of assistance under the terms of this Agreement
shall not be mandatory, but that the Party receiving the request
may in its discretion refuse to furnish any equipment or personnel
consistent with its primary responsibility of providing emergency
services within its own jurisdiction. It is the understanding
of the Parties that the responding Party shall furnish the requested
assistance unless such responding Party is actively engaged
in responding to a public health emergency in its own jurisdiction,
and has no equipment or personnel available or the responding
Party determines that the needs of the requesting Party are
beyond the capacity of the responding Party. When responding
to a request the responding Party shall do so in a timely and
reasonable fashion. In situations where the responding Party
is unable to furnish the requested assistance, it will notify
the requesting Party as soon as practicable that assistance
will not be rendered.
** Parties may prefer to specify such
procedures or protocols in an agreement appendix, operating manual
or other document rather than within the text of the agreement.
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A Menu of Suggested
Provisions for 
