Model State-County Mutual Aid Deployment Contract
As a result of questions related to the significant EMAC response in Florida due to Hurricanes Charley, Frances and Ivan, the NEMA Legal Committee was asked to provide a sample agreement that could be used to deploy local government employees under EMAC.
By virtue of the EMAC language, operations guidance, and applicability of Form R-2 within the standard operating procedures, EMAC allows for the use of local government employees in mutual aid situations. Some states currently have provisions in their intrastate mutual aid agreements that allows the state to designate local government employees as agents of the state for purposes of mutual aid, while others do not. For those without such provisions, a vehicle was needed to allow the state to designate locals as state assets, thereby facilitating the demployment of personnel, ensuring the applicability of EMAC liability and workers compensation provisions, and simplifying the reimsubursement process.
The following contract may not work for all states, but provides a foundation upon which a more appropriate agreement can be drafted. The first example was developed by the state of Ohio and the completed example was drafted by the Washington State Attorney General's Office.
Please direct questions regarding the model to NEMA Legal Counsel Committee Chair and EMAC Operations Subcommittee At-Large member, Tammy Little at tlittle@dps.state.oh.us, or contact EMAC staff at acopple@csg.org
The form used to summarize the costs of all intrastate assistance requested and provided by an agency, municipality, county or other organization within a State providing assisting to another state under EMAC. A single R-2, accompanied by copies of receipts, payment vouchers and other costs supporting documents, should be completed and submitted to the Assisting State for each agency, municipality, county or other organization who provided assistance. The R-2 is signed by the appropriate authority of the requesting entity and sent to the Assisting State for reimbursement. The Assisting State attaches copies of all R-2's and supporting documents to all applicable R-1's as appropriate.
