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HomeMy WebLinkAboutAll Hazard Master Mutual Aid AgreementALL HAZARD MASTER MUTUAL AID AGREEMENT BETWEEN AGENCIES, NON-GOVERNMENTAL GROUPS, AND PRIVATE INDUSTRIES WITHIN OR NEAR FRANKLIN COUNTY, WASHINGTON AW,,. 'i1' Master Mutual Aid Agreement 07/2016 rev. October 2010 This Master Mutual Aid Agreement (MMAA) is made and entered by and between the signatory agencies to this MMAA according to the date when signed by each signatory agency. It is understood that no community owns all of the resources required for all potential emergencies. By sharing resources the needs of most emergencies can be met on the local or regional basis without declaring an emergency as provided by law to garner materials elsewhere. Sharing resources will bring scarce resources to bear on the emergency faster than receiving outside help. Preplanning through an MMAA will help to ensure efficient utilization of the closest, most appropriate, available resources. This MMAA between the parties delineated about and signed hereto: a. Creates a formal structure for the provision of comprehensive mutual aid between jurisdictions; it is the means for one jurisdiction, or agency, to provide resources, facilities, services and other required support to another jurisdiction, or agency, under specific terms during an incident. b. Provides that no party shall be required to unreasonably deplete its own resources in famishing aid; C. Provides that the responsible local official in whose jurisdiction an incident requiring mutual aid has occurred shall remain in charge of such incident and provides for the delegation of authorities to single resources and incident management teams; d. Provides that each signatory to this MMAA agrees to develop an operational plan to engage the resources received from and to implement this MMAA in their jurisdictions. Such operational plans must include how resources from all of their participating agencies and private entities that may provide resources during an emergency under this MMAA may be made operational upon request. Each operational plan shall be reviewed by the jurisdiction at least annually; e. Provides that each signatory to this MMAA will cause to keep the Franklin County Communications Center computer aided dispatch system up to date on their resources which are available for mutual aid and type -define such resources according to the National Incident Management System (NIMS); f. This MMAA does not supersede any other mutual aid agreement the signatories may be a signatory to and it is the jurisdiction's responsibility to resolve any conflicts with other plans. Master Mutual Aid Agreement 3 07/2016 rev. October 2010 Section 3. Implementation a. All signers to this MMAA shall utilize the National Incident Management System (NIMS) and the Incident Command System (ICS) when responding to, commanding, or planning for emergencies within Franklin County. b. The designated Incident Commander of an emergency situation may call for mutual aid resources under this MMAA. C. Requests for mutual aid resources will be made through the host dispatch center. d. Each party to this MMAA shall develop a plan known as an Operations Plan providing for the effective mobilization and utilization of its resources to assist with and support emergency or disaster response. Such plans shall list the resources and services that can be made available by the parties to this MMAA and shall indicate the method and manner by which such resources and services can be utilized by the other parties. The plan must further cover the NIMS requirements for Operations Plans as outlined within the checklist included in Annex B: e. Each party to this MMAA agrees to furnish those resources and services to each other as necessary to assist in the combating of emergencies or disasters in accordance with the adopted Operations Plans. f. Personnel sent to render aid under this MMAA remain the employee of the sending agency. Their duties under mutual aid will be directed by the Incident Commander. g. Resources sent will be in good and safe working condition and of the type requested unless otherwise approved by the Incident Commander. Resource list will be included within the operations plan. h. Although an Incident Commander shall expect requested aid to be sent as outlined under this MMAA, any jurisdiction may refuse the request for mutual aid. No jurisdiction will be expected to deplete their resources under a mutual aid request. i. A jurisdiction may withdraw their resources from a mutual aid circumstance upon timely notice to the Incident Commander. At no time should this withdrawal put the requesting jurisdiction in immediate risk of injury to personnel or damage to property. Every attempt will be made by the sending jurisdiction to provide the aid requested until replacement resources can be found or the Incident Commander can place all emergency personnel in safe conditions as a result of the withdrawal. j. At such time resources requested are no longer available to an Incident Commander and the emergency has not abated and is not improving, an emergency may be declared by the jurisdiction's chief executive or other person delegated that authority. The emergency will be defined as is allowed by the jurisdiction's rules, codes, laws or other authorities. Should the jurisdiction be overwhelmed and no longer able to manage the incident with available resources, Franklin County may declare an emergency and request help from other counties or the State of Washington. k. At the earliest possible time during an emergency, a demobilization plan will be created or made to be created by the Incident Commander for all resources requested under this MMAA. Section 4. Roles and Responsibilities Master Mutual Aid Agreement 07/2016 rev. October 2010 Section 5. Requesting and Providing Resources a. The underlying concepts for resource management in this MMAA are that: i. It provides a uniform method of identifying, acquiring, allocating, and tracking resources. ii. It uses effective mutual -aid assistance, which is enabled by the standardized classification of kinds and types of resources required to support the incident management organization. iii. It uses a credentialing system tied to uniform training and certification standards to ensure that requested personnel are successfully integrated into ongoing incident operations. It assumes the certifying or credentialing organization has assured the criteria have been met by their employee or resource for their certification or credential. iv. Its coordination is the responsibility of the affected Emergency Operations Centers (EOC) and/or Multi -Agency Coordination (MAC) Group(s), as well as specific elements of the Incident Command System (ICS) structure. V. It may also encompass resources contributed by private sector and non-governmental organizations. b. All available resources within the context of this MMAA are to be categorized by size, capacity, capability, skill, and other characteristics (Kind and Type). A database of Franklin County resources shall be developed, managed, and maintained by FCEM and resources shall be classified by kind and type. This makes the resource ordering and dispatch process within jurisdictions, across jurisdictions, and between governmental and non-governmental entities more efficient and ensures that Incident Commanders (IC) receive resources appropriate to their needs. C. Resources to be identified in this way include supplies, equipment, facilities, incident management personnel and/or emergency response teams. d. If a requesting party is unable to describe an item using the resource type or classification system, the requesting party's communications center may provide technical information to enable the requirements to be defined and translated into a specification. e. Requests for items that the IC cannot obtain locally are submitted through the communications center supporting the incident to the EOC or MAC Group using standardized resource -ordering procedures. If the communications center or EOC is unable to fill the order locally, the order is to be forwarded up to the next level - generally an adjacent local, State, regional EOC, or MAC Group. f. Incident assigned personnel begin mobilizing when notified through established channels. At the time of notification they are given: i. the date, time, and place of departure; ii. mode of transportation to the incident, if necessary; iii. estimated date (if necessary) and time of arrival; iv. reporting location (address, contact name, and phone number); Master Mutual Aid Agreement 07/2016 rev. October 2010 Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228 or by the Washington State Fire Service Mobilization for firefighting equipment. The Assisting Party shall pay for all repairs to its equipment deemed necessary by its on-site supervisors to maintain such equipment in a safe and operable condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, ifpractical. The total charges, if any, to the Requesting Party shall be reduced by the total value of fuels, supplies, and repairs provided by the Requesting Party. When damage or loss occurs to a non -expendable resource it should be fully accounted for at the incident site and again when they are returned to the home unit. The Requesting Party is responsible to restore the resource to a fully functional capability, if possible. Destroyed beyond repair and/or lost items should be replaced through the incident Supply Unit, by the organization with invoicing responsibility for the incident, or as defined in the Operations Plan. iii. Materials and Supplies/expendable resources— The Assisting Party shall cover all costs for all materials and supplies finished by it and used or damaged during the period of mutual aid, unless such damage is caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of the Requesting Party's personnel. All Parties personnel shall use reasonable care under the circumstances in the operation and control of all materials and supplies used by them during mutual aid. Under declared emergencies or extended operations, reimbursements may be available. Generally, the measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or by the Washington State Fire Service Mobilization for firefighting expendable materials. 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. Further, materials, supplies, and expendable resources shall also be fully accounted for at the incident and by the Assisting Party upon return. Restocking may occur at the incident or at the point from which a resource was deployed. The incident management organization may bear the costs of expendable resources, as authorized in preplanned financial agreements or as defined in the Operations Plans. Returned resources that are not in restorable condition --whether expendable or non - expendable --must be declared as excess according to established regulations and policies of the controlling entity. Waste management is of special note in the process of recovering resources. Resources that require special handling and disposition (e.g., biological waste and contaminated supplies, debris, and equipment) are dealt with according to established regulations and policies. iv. Other Cost Allocations - Some Parties to this MMAA may be charging for services or contracting to provide services under a cost allocation formula. For example: Master Mutual Aid Agreement 07/2016 rev. October 2010 Section 7. Insurance, Indemnification/Liability, Claims, and Immunity a. All activities performed under this MMAA are deemed hereby to be governmental functions. For the purposes of liability, all persons responding under the operational control of the Requesting Party are deemed to be employees of the Assisting Party. b. Insurance —Each Participating Government shall bear the risk of its own actions, as it does with its day-to-day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. Each Assisting Party shall be solely responsible for determining that its insurance is current and adequate prior to providing assistance under this MMAA.. No eligibility or protection offered under chapter 38.52 RCW will replace other state mandated insurance coverage required for vehicles, vessels, boats, or aircraft except as specified in 38.52.180 RCW. All resources are to be covered for general liability, inland marine, auto liability and auto physical damage by the Assisting Party. C. Liability: Each Agency shall be responsible for the wrongful or negligent actions of its employees as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. To that end, each Agency promises to hold harmless and release all the other participating Agencies from any loss, claim or liability arising from or out of the negligent or inactions of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. ii. Nothing herein shall be interpreted to: a). Waive any defense arising out of RCW Title 51. b). Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability including but not limited to an assertion that the officer(s) was acting beyond the scope of his or her employment c). Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. d. Immunity from Liability, Volunteer Emergency Workers — Duly registered volunteer emergency workers are exempt from some liability or covered for liability by the State of Washington according Master Mutual Aid Agreement 11 07/2016 rev. October 2010 C. The Parties to this MMAA recognize the importance of interoperable communications for command and control of an incident. Agencies receiving assistance under this MMAA will be responsible for establishing an appropriate communications link with all responding agencies prior to incident assignment. Agencies providing assistance agree not to engage their resources to the mitigation of an incident until such time as effective communications are established. d. Incident communications typically fall into four levels. Responsibility to ensure interoperable communications and information sharing changes at each level; Level 1 - These incidents involve a single discipline responding within a single jurisdiction. Communications between the responders is established and requires no further action. The on -scene IC is responsible to ensure appropriate communications and information sharing. Level 2 - Multiple disciplines responding within a single jurisdiction. Communications systems are usually compatible but current concept of operations may include response on individual frequencies with a dispatcher assigned to each frequency. The host agency communications center will be responsible to establish communications and information sharing links. Level 3 -Multiple disciplines and jurisdictions responding within a single jurisdiction. In this scenario You may encounter compatible and non -compatible communications systems. Establishment of effective interoperable communications and information sharing will initially be the responsibility of the host agency communications center. However, the hosting agency EOC is ultimately responsible to establish and maintain interoperable communications and information sharing. This responsibility should be moved from the communications center to the EOC as rapidly as possible. Level 4 - Multiple disciplines, jurisdictions and levels of government responding throughout multiple jurisdictions. While this scenario is probably a very rare event communications plans must be established to minimize conflict and maximize the safety and utilization of resources. Interoperable communications and information sharing planning for, and resources for, this event are the responsibility of local and State Emergency Management programs. Section 9. Qualifications and Certifications a. The development of a national credentialing system is a fundamental component of the National Incident Management System (NIMS). According to the NIMS, "credentialing involves the provision of documentation that can authenticate and verify the certification and identity of designated incident managers and emergency responders" to ensure that response personnel "possess a minimum common level of training, currency, experience, physical and medical fitness, and capability" for the roles they are tasked to fill. b. The NIMS Integration Center (NIC) initiated the development of a national credentialing system to help governments at all levels identify, request and dispatch qualified emergency responders from other jurisdictions when needed. Master Mutual Aid Agreement 13 07/2016 rev. October 2010 Section 11. Administration a. Term and Withdrawal —This MMAA shall be in effect for one (1) year from the date herein and is renewed automatically in successive one (1) year terms. Upon no less than sixty (60) calendar days advance written notice a Party may withdraw from this MMAA. Notice of such withdrawal shall be made in writing and shall be served personally or by registered mail to the Director, Franklin County Emergency Management, and by regular mail or facsimile to all other Parties of the MMAA. Notice of withdrawal shall not relieve the withdrawing Participating Party from obligations incurred hereunder prior to the effective date of the withdrawal. b. Termination — This MMAA may be terminated in its entirety by written mutual agreement of all the Parties' herein. C. Effective Date of this MMAA —This Master Mutual Aid Agreement shall become effective as to each party when adopted by resolution and executed by the governing body of the Party, and shall remain operative and effective as between each and every party that has heretofore or hereafter executed this MMAA, until participation in this MMAA is withdrawn by the party. The Director shall issue an annual report, with updates as needed, to all parties identifying the parties to this MMAA. d. Severability, Effects on Other Agreements — Should any portion, section, or subsection of this MMAA be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this MMAA shall remain in full force and affect without regard to the section, portion, or subsection or power invalidated. The withdrawal by one or more of the parties of its participation in this MMAA shall not affect the operation of this MMAA as between the other parties thereto. e. Dispute Resolution —Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. Master Mutual Aid Agreement Maintenance The Resource List, Appendix A, will be updated by Franklin County Emergency Management as resources are added or removed and the updated list will be delivered to the Parties at least annually. g. Any Party may request modification of this MMAA by submitting the recommended change in writing to Franklin County Emergency Management. The Director will then deliver the recommended change to each Party for review and approval. Approval by the legislative boards of a majority of the Parties will cause the modification to be included in this MMAA and all parties will then be subject to the modified MMAA. Master Mutual Aid Agreement 07/2016 rev. October 2010 1s G Benton County Emergency Management• 12, 15 Benton County Emergency Management • 6 C Compensation • 8 Costs • 8 credential • 8 credentialing • 7, 13, 14 D declared emergecies • 9 declared emergency • 8 delegation of authorities • 3 demobilization plan • 5 Demobilize • 6 E Emergency Operations Centers • 7 Emergency Operations Plan • 5, 6,9 Emergency Support Functions • 6 Emergency Worker • 4 EOC • See emergency operations center EOP • See Emergency Operations Plan ESF • See emergency support functions Evidence Search • 12 expendable resources • 9 extended operations • 9 Extended Operations • 8 F Federal Emergency Management Agency • 9 IC • See incident commander Immunity • 11 IMT • See incident management team Incident Command System • 5, 7 Master Mutual Aid Agreement 07/2016 rev. October 2010 17 M reimbursable expenses • 10 reimbursement • 10 Requesting Parties • 6 requesting party • 7,9 Requesting Party • 8, 9,10 resource • resources resources • 3, 4, 5, 6, 7, 8, 9,10, 12, 13, 14,15 S Severability • 15 Single Resources • 14 span of control • 14 Staging • 8 Strike Teams • 14 T Task Forces • 14 Training Event • 12 Type • See types' 7 W Washington State Fire Service Mobilization • 4, 9 Master Mutual Aid Agreement 07/2016 rev. October 2010 19 ALL HAZARD MASTER MUTUAL AID AGREEMENT BETWEEN AGENCIES, NON-GOVERNMENTAL GROUPS AND PRIVATE INDUSTRIES WITHIN FRANKLIN COUNTY, WASHINGTON This Master Mutual Aid Agreement dated October 2010 Rev. 07/2016, is made and entered by and between the signatory agencies to the Master Mutual Aid Agreement according to the date when signed by each signatory agency. It is understood that no community owns all of the resources required for all potential emergencies. By sharing resources, the needs of most emergencies can be met on the local or regional basis without declaring an emergency as provided by law to garner materials elsewhere. Sharing resources will bring scarce resources to bear on the emergency faster than receiving outside help. Preplanning through a Master Mutual Aid Agreement will help to ensure efficient utilization of the closest, most appropriate available resources. Each jurisdiction wishing to participate in this agreement shall use the legislative tools necessary to authorize their participation. Each agency will sign a separate authorization sheet that will be attached to the agreement. Franklin County Emergency Management will be the keeper of said agreement and will distribute the agreement with signatories to all participants. The undersigned warrant and represent that they are duly authorized to bind the jurisdiction represented by the undersigned as a party to this Master Mutual Aid Agreement, and that the jurisdiction represented by the undersigned is authorized to participate in and cant' out the functions required of the Master Mutual Aid Agreement. APPROVED: 9 By: \ ��� Date: ave Zabe11, ager City of Pasco Attest: h,9 k7A11VM- Sandy Kenwo y, Interim City Clerk