Appendix B: Mutual Aid Agreements

Through mutual aid agreements (MAAs), the campus lines up resources to be employed as needed. Agreements could be constructed with emergency response professionals, food service industries, transportation, and housing, to name a few. When MAAs are integrated in a campus PPMRR strategy, the better equipped the campus will be to manage a critical event.

The National Incident Management System (NIMS) defines an MAA as a written or oral agreement between and among agencies/organizations and/or jurisdictions that provides a mechanism to quickly obtain emergency assistance in the form of personnel, equipment, materials, and other associated services. The primary objective is to facilitate rapid, short-term deployment of emergency support prior to, during, and/or after an incident. To clarify the expectations and reduce misunderstandings, it is recommended that the agreements be written to define the request, the agreed upon procedures, liability, reimbursement, and worker’s compensation procedures.

An MAA should include the following components:

Purpose and Scope: Sometimes called a Preamble, the Purpose and Scope section sets the tone for the agreement. This section should include:

• The need for an agreement
• The range of incidents in which it is applicable
• The member organizations

References and Authorities: References and Authorities refer to existing statutes or regulations that authorize mutual aid contracts or compacts. This section also includes a listing of any prior agreements that are mentioned in the MAA, such as those that will be superseded or will in some way affect the new agreement. By including a References and Authorities section, applicable statutes can be quickly accessed by interested parties.

Definitions: Defining key terms helps avoid differences in interpretation. For example, words like “emergency” can have different meanings for different organizations. Defining terms is especially important for complex agreements that go into small levels of detail. If levels of aid are to be determined by the agreement itself, then clear definitions must be in place.

Effect on Existing Agreements: Comprehensive legal review should determine if any serious conflicts exist with existing agreements. A clause should be included that states what effect the new agreement has on existing agreements. New agreements should replace older agreements in order to avoid conflict and potential disputes between parties. In general, new agreements should not prohibit future supplemental agreements between all or some of the parties to the agreement.

Roles and Responsibilities: The Roles and Responsibilities section should include the roles and responsibilities of each party. This section usually contains information about who can activate the agreement.

Mediation/Dispute Resolution: The Mediation/Dispute Resolution section should include information on how disputes will be resolved. This may include the use of mediation, arbitration, and/or court of jurisdiction.

Training and Exercises: MAAs should include language on training and exercises, including how often training and exercises will be conducted. The agreement should mandate joint planning, training, and exercises with the same liability immunity as if it were a real emergency.

Liability and Insurance: The Liability and Insurance section of an MAA should spell out the liability of all parties and provide guidance for arbitration or resolution of any claims. Legal counsel should play a lead role to draft and review all issues related to language in the agreement.

In most cases, agreements should indemnify mutual aid partners from any liability from alleged negligence, except for cases of gross negligence and/or willful misconduct, occurring during a mutual aid response. Insurance, including workers’ compensation insurance, should be required of all parties, and insurers must be made aware of mutual aid requirements. Some tribal governments may request or even require resolution of legal disputes within a Tribal Court System, particularly if the event leading to the dispute occurs within the tribe’s jurisdiction.

Limitations: The Limitations section of an MAA specifies the conditions under which a participating jurisdiction’s obligation to provide assistance and resources may or may not be limited.

License, Certificate, and Permit Portability: The License, Certificate, and Permit Portability section specifies the conditions under which a person or entity who holds a license, certificate, or other permit is deemed to be licensed, certified, or permitted in the jurisdiction requesting assistance.

In general, it is best to allow for a responder’s license, certificate, or permit to be valid in the requesting jurisdiction. For example, a lawenforcement official from County X should have the same arrest powers in County Y that he or she has in County X.

Terms and Conditions: The purpose of this section is to specify the duration or the life expectancy of the agreement. It is important to clarify expectations of all signatories about the lifespan of the agreement and how it will be renewed.

It is recommended that the agreement have a beginning and an end date. In addition, if it is necessary to renew the agreement, there should be stipulations as to what actions need to take place to renew it or there should be indications that the renewal is automatic.

Reimbursement: The goal of this section is to clarify issues over reimbursement such as:

• Who is responsible for paying for specific resources
• What expenses are eligible for reimbursement
• What triggers the reimbursement provision of the agreement (e.g., some agreements are written in such a way that for the first 24 hours of aid provided, there is no cost to the requesting jurisdiction); reimbursement becomes an issue only following that initial period

Severability: The “Severability” section of an MAA addresses how one or more of the signatories can leave the agreement while the rest of the agreement is intact. This section can also make provisions for cases in which an article of the agreement is found invalid. In this case, the “Severability” section will include language which ensures that the rest of the agreement remains binding for the rest of the parties.

Information regarding mutual aid agreements was extracted from FEMA’s Legal Issues in Emergency Management.