Public Health Grand Rounds
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A Menu of Suggested
Provisions for
Public Health Mutual Aid Agreements
Fees, Funding,
& Appropriations
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Descriptive Note
Government entities are generally prohibited from obligating themselves
to expenditures beyond legislatively appropriated amounts; they
may therefore choose to insert a provision reflecting the prohibition.
Beyond that, parties may choose to include provisions referencing
“best efforts” (or similar language) to seek funding or to avoid
imposition of costs on other parties.
Optional sample provisions
Acknowledging legislative appropriation limitation:
- Nothing in this Agreement shall obligate the funds of any
Party beyond those approved by appropriate legislative action.
- Nothing herein shall be construed as obligating the Parties
to extend funds or involve them in any contract or other obligation
for the future payment of moneys in excess of appropriations
authorized by law and administratively allocated for work under
this Agreement.
Agreeing to seek funds or accept gifts and grants:
- The Parties agree to seek funding to cover travel, per diem,
and in some cases, salary costs for implementation of training
and exercise plans.
- Parties may accept any and all donations, gifts, and grants
of money, equipment, supplies, materials and services from any
unit of government, or any agency thereof and from any person,
firm or corporation, for any purposes and functions under this
Agreement, and may receive and use the same subject to the terms,
conditions, and regulations governing such donations, gifts
and grants.
Seeking to limit taxes or fees imposed on other parties:
- Each Party will use discretionary power as far as possible
to avoid levy of any tax, tariff, business license or user fees
on the services, equipment and supplies of any other Party engaged
in emergency response activities in the territory of another
Party, and will use its best efforts to encourage relevant governmental
units within its territory to do likewise.
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