Model Mutual Aid Agreements for Airports (2013)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

32 APPENDIX C Model and Sample Mutual Aid Agreements From FEMA Sample 1—Generic Template for Mutual Aid Agreement Mutual Aid Agreement Sample Template (This document is a sample template to be used as a guide in drafting any Mutual Aid Agreement and is not intended to represent a mandatory format or to encompass every potential contract clause. It is intended merely to serve as a guide and requires tailoring to meet each municipality’s specific circumstances and requirements.) INTRASTATE MUTUAL AID AND ASSISTANCE AGREEMENT FOR DISASTERS AND OTHER RELATED EMERGENCIES WHEREAS, the safety of the citizens of the State of XXXX is of the utmost importance to all levels of state and local government; WHEREAS, the Jurisdiction of ____________ (the “Jurisdiction”) and ____________ (“XXXX”) seek to enter a Mutual Aid and Assistance Agreement in order to provide for the sharing of resources, personnel, and equipment in the event of a local disaster or other emergency; WHEREAS, the State of XXXX and the Federal Emergency Management Agency (FEMA) have recognized the importance of the concept of written mutual aid agreements between all levels of government to facilitate reimbursement; and WHEREAS, pursuant to the Constitution of the State of XXXX, municipalities are allowed to enter into mutual aid and assistance agreements, which may include provisions for the furnishing and exchanging of supplies, equipment, facilities, personnel, and services during a natural or human-made disaster and/or other emergency; now THEREFORE, the parties agree as follows: SECTION I. DEFINITIONS A. “Agreement” shall mean this document, the “Intrastate Mutual Aid Agreement for Disasters and Other Emergencies.” B. “Aid and Assistance” shall include, but not be limited to, personnel, equipment, facilities, services, supplies, and other resources. C. “Authorized Representative” shall mean an official of a party to this Agreement who has been authorized in writing by that party pursuant to the terms of this Agreement, to request, offer, or provide assistance under the terms of this Agreement. D. “Disaster or other emergency” shall mean the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property resulting from an intentional, accidental, or unintended release of any substance in or material in any form or quantity which poses an unreasonable risk to the safety and health and to the property when released, natural incidents, explosions, fires, collapses, or any other incident which directly affects public safety. E. “Provider” means a party to this Agreement that has received a request to furnish aid and assistance to the party in need (“Recipient”). F. “Recipient” means a party to this Agreement receiving aid and assistance from another party. SECTION II. OBLIGATIONS OF THE PARTIES A. Provision of Aid and Assistance—Pursuant to the terms and conditions set forth in this Agreement, the parties hereto shall provide each other with aid and assistance in the event of a local disaster or emergency. It is mutually understood that each party’s foremost responsibility is to its own citizens. This Agreement shall not be construed to impose an absolute obligation on any party to this Agreement to provide aid and assistance pursuant to a request from another party.

33 Accordingly, when aid and assistance have been requested, a party may deem itself unavailable to respond and shall so inform the party setting forth the request. B. Procedures for Requesting Assistance—Requests for assistance shall be made by the Authorized Representative of a party to the Authorized Representative of the other party. Such request must indicate that it is made pursuant to this Agreement. Such request may be made by telephone, to be followed as soon as practicable by a written confirmation of that request. C. Designation of Authorized Representative—Each party to this Agreement shall designate an Authorized Representative. Such designation shall be communicated, in writing, to the Chief Executive Officer of the other party upon the execution of this Agreement. Such designation may be amended at any time by the Chief Executive Officer of a party upon timely notice. D. Traveling Employees—Unless otherwise specified by Recipient or agreed by the parties in writing, it is mutually understood that Recipient will provide for the needs of the Provider’s traveling employees. Recipient shall pay for all reasonable out-of-pocket costs and expenses of Provider’s personnel, including, without limitation, transportation expenses for travel to and from the disaster area, food, and, if necessary, lodging. If Recipient cannot provide such food and/or lodging at or near the disaster area, the Recipient shall so advise the Provider, and shall specify in its request for assistance that only personnel who can provide for their own needs are requested. E. Supervision and Control—The Provider shall designate supervisory personnel amongst its employees sent to render aid and assistance to the Recipient. Recipient shall provide necessary credentials to the Provider’s personnel authorizing them to operate on behalf of the Recipient. Recipient shall assign work tasks to Provider’s supervisory personnel, and unless specifically instructed otherwise, Recipient shall have the responsibility for coordination between Provider’s supervisory personnel and Recipient. Based upon such assignments set forth by Recipient, Provider’s supervisory personnel shall have the authority to: 1. Assign work and establish work schedules for Provider’s personnel; 2. Maintain daily personnel time records, material records, and a log of equipment hours; 3. Report work progress to Recipient at regular intervals as specified by Recipient. F. Period of Service; Renewability; Recall—Unless agreed otherwise, the duration of the Provider’s assistance shall be for an initial period of twenty-four (24) hours, starting from the time of arrival. Thereafter, assistance may be extended in increments agreed upon by the Authorized Representatives of Provider and Recipient. Provider’s personnel, equipment, and other resources shall remain subject to recall by Provider to provide for its own citizens if circumstances so warrant. Provider shall make a good faith effort to provide at least eight (8) hours advance notification to Recipient of Provider’s intent to terminate such assistance, unless such notice is not practicable, in which case as much notice as is reasonable under the circumstances shall be provided. SECTION III. REIMBURSEMENT A. Except as otherwise provided below, it is understood that Recipient shall reimburse Provider for the following documents costs and expenses incurred by Provider as a result of extending aid and assistance to Recipient. 1. Personnel—During the period of assistance, Provider shall continue to pay its employees according to its then prevailing ordinances, rules, regulations, and agreements. 2. Equipment—Provider shall be reimbursed by Recipient for the use of its equipment during the period of assistance according to established FEMA equipment rates. 3. Material and Supplies—Provider shall be reimbursed for all materials and supplies furnished by it, used, or damaged during the period of assistance. The Recipient shall not be responsible for reimbursing Provider for the costs of any damage caused by gross negligence, willful and wanton misconduct, intentional misuse, or recklessness of Provider’s personnel. Provider’s personnel shall use reasonable care at all times in the use and control of all materials and supplies used by them during the period of assistance. The measure for reimbursement for materials and supplies shall be determined in accordance with FEMA and XXXX State reimbursement policies. In the alternative, the parties may agree in writing that Recipient will replace the materials and supplies used or damaged, with materials and supplies of like kind and quality. B. Record Keeping—Recipient shall provide information, directions, and assistance for record keeping to Provider’s personnel; Provider shall maintain records and invoices for reimbursement. C. Billing and Payment—Provider shall send an invoice for reimbursable costs and expenses, together with appropriate documentation as required by Recipient, as soon as practicable after said costs and expenses are incurred, but not later than forty-five (45) days following the period of assistance. Recipient shall pay the bill, or advise of any disputed items, not later than forty-five (45) days following the billing date. D. Inspection of Records—Provider agrees that it shall make its records regarding costs and expenses for assistance provided under this Agreement available for audit and inspection upon request by the Recipient, XXXX State, and the federal government, and shall maintain such records for at least seven (7) years after the date of final payment under this Agreement. SECTION IV. PROVIDER’S EMPLOYEES A. Rights and Privileges—Whenever Provider’s employees are rendering aid and assistance pursuant to this Agreement, such employees shall remain the responsibility of the Provider and retain the same powers, duties, immunities, and

34 privileges they would ordinarily possess if performing their duties within the geographic limits of the Provider. B. Workers’ Compensation—Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to Provider’s employees due to personal injury or death occurring during the periods of time such employees are engaged in the rendering of aid and assistance under this Agreement. It is mutually understood that Recipient and Provider shall be responsible for payment of such workers’ compensation benefits only to their own respective employees. SECTION V. NONDISCRIMINATION In accordance with Article 15 of the Executive Law (“Human Rights Law”) and all other applicable local, State, and Federal constitutional, statutory, and administrative nondiscrimination provisions, the parties to this Agreement shall not discriminate against any employee or the region for employment on account of race, creed, color, sex, national origin, disability, Vietnam Era Veteran status, or marital status. SECTION VI. HOLD HARMLESS To the extent permitted by law, each party (as Indemnitor) agrees to protect, defend, indemnify, and hold the other party (as Indemnitee), and its offices, employees, and agents, free and harmless from and against any and all losses, penalties, damages, assessments, costs, charges, professional fees, and other expenses or liabilities of every kind and nature arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of Indemnitor’s negligence, acts, errors and/or omissions. To the extent that immunity does not apply, each party 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 party understands and agrees that any insurance protection obtained shall in no way limit the responsibility to indemnify, keep, and save harmless the other parties to this Agreement. SECTION VII. AMENDMENTS This Agreement may be modified at any time upon the mutual written consent of the parties. Additional municipalities may become parties to this Agreement upon the acceptance and execution of this Agreement. SECTION VIII. DURATION OF AGREEMENT A. Term—This Agreement shall be for a term of five (5) years from the date of execution by both parties, unless the Agreement is renewed or terminated as set forth in this section. B. Renewal—This Agreement may be extended for an additional five (5) year term by written agreement of the parties hereto. C. Termination—Any party may terminate this Agreement upon thirty (30) days written notice. A termination shall not affect the obligation of any party to reimburse the other for the costs and expenses of rendering aid and assistance incurred prior to the effective date of termination. SECTION IX. HEADINGS The headings of various sections and subsections of this Agreement have been inserted for convenient reference only and shall not be construed as modifying, amending, or affecting in any way the express terms and provisions of this Agreement. SECTION X. SEVERABILITY Should any clause, sentence, provision, paragraph, or other part of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement. In the event

35 that parties to this Agreement have entered into other aid and assistance agreements, those parties agree that, to the extent a request for aid and assistance is made pursuant to this Agreement, those other aid and assistance agreements are superceded by this Agreement. SECTION XI. EFFECTIVE DATE This Agreement shall take effect upon its execution by both parties. From FAA Advisory Circular 150/5200-31C, Appendix 7 Sample 2—Between Airport and Airport Traffic Control Tower ANYTOWN AIRPORT TRAFFIC CONTROL TOWER AND ANYTOWN MUNICIPAL AIRPORT LETTER OF AGREEMENT EFFECTIVE: __________________________ (Date) SUBJECT: AIRPORT EMERGENCY SERVICE PURPOSE. The purpose of this agreement is to prescribe procedures to be used, to the extent practicable, in the event of an emergency, actual or potential, on the Anytown Airport during the hours that the Anytown Airport is operational. 1. CANCELLATION. Anytown Airport Traffic Control Tower and Anytown Municipal Airport Letter of Agreement dated ____________. 2. SCOPE. In the event of an aircraft accident, bomb threat, or other emergency, actual or potential, on or in the vicinity of the Anytown Municipal Airport, Anytown Airport Traffic Control Tower (ATCT) personnel will alert emergency equipment when any of the following request such action: a. A specialist on duty in the operating quarters. b. The pilot of the aircraft concerned. c. The operator of the aircraft or his/ her representative. d. A representative of airport management. The airport will automatically be closed when: a. Off airport fire equipment responds to any emergency which requires travel on the designated Movement Area. b. Any aircraft accident or incident, or other emergency, which occurs on, or in the vicinity of, the airport to which airport Aircraft Rescue and Firefighting equipment responds. NOTE: The airport operator should insert any additional closure criteria specific to the particular airport in this section. The airport will remain closed until ATCT personnel have received authorization from the airport manager or designated representative to open partial or complete areas of the airport. In cases of minor incidents, telephone permission will be allowed. The type and amount of equipment and number of personnel responding to the emergency will be determined by the Incident Commander. After receiving the notification of the emergency, the personnel operating the equipment will be responsible for handling the emergency. 3. RESPONSIBILITIES. a. Airport Traffic Control Tower (ATCT): It will be the responsibility of Anytown Airport Traffic Control Tower personnel to: (1) Alert emergency response personnel in accordance with established procedures for: (a) Each of the three types of alert classifications listed below in paragraph 4.a.(1)(a) through (c). (b) Any other emergency, actual or potential, which comes to the attention of Control Tower. personnel. (2) Test the Crash Phone system daily at 0900. Problems will be reported immediately to the Airport Manager or designated representative. (3) Assist the airport operator in the development of necessary emergency plans and procedures, as appropriate.

36 b. Airport Operator: It will be the responsibility of Anytown Airport personnel to: (1) Ensure that at least one on-scene individual/vehicle maintains two-way radio communications with the ATCT. (2) Provide training to emergency response personnel regarding the operation of vehicles on the airport Movement Area, to include the use of two-way radios and standard ATCT light signals. (3) In coordination with the ATCT, as appropriate, develop and maintain necessary emergency plans and procedures. 4. PROCEDURES. a. Aircraft emergencies: (1) Classifications: (a) ALERT I: Potential minor emergency; equipment not requested at standby positions. Airport not closed unless off airport equipment responds to the designated Movement Area. The ATCT will: (i) Notify designated emergency response personnel in accordance with established procedures (crash phone, hot line, radio, pager, cell phone, etc.). (ii) Notify airport manager or designated representative. (iii) Notify aircraft operator or designated representative, if able. (b) ALERT II: Potential major emergency; aircraft has fire on board, faulty landing gear, no hydraulic pressure, etc. Airport is closed after aircraft lands. The ATCT will: (i) Notify emergency response personnel in accordance with established procedures (crash phone, hot line, etc.) (ii) Notify airport manager or designated representative. (iii) Notify aircraft operator or designated representative, if able. (iv) Notify fixed base operator, if appropriate. (v) Provide appropriate ground control clearances to responding emergency vehicles, as needed. (vi) To the extent practicable, keep other aircraft and ground vehicle operators clear of the area involved in the emergency. (c) ALERT III: Aircraft involved in an actual accident on or near the airport. Airport is closed if on airport or emergency equipment must traverse the airport to reach scene. ATCT will: (i) Notify emergency response personnel in accordance with established procedures (crash phone, hot line, radio, pager, cell phone, etc.) (ii) Close the airport. (iii) Notify airport manager or assistant manager. (iv) Notify aircraft operator or his or her representative, if able. (v) Notify fixed base operator, if appropriate. (vi) Provide appropriate ground control clearances to responding emergency vehicles, as needed. (vii) Control the movement of aircraft and vehicles on the Movement Area to permit emergency response vehicle access to/from the accident area. The movement of emergency vehicles will take priority over that of taxiing aircraft until the emergency condition has ended. (2) Information. The Anytown ATCT will provide the following information to emergency response personnel whenever possible: (a) Aircraft identification. (b) Aircraft type. (c) Nature of emergency. (d) Estimated time of arrival. (e) Landing runway. (f) Number of persons on board (crew and passengers). (g) Amount of fuel on board. (h) Type and location of dangerous cargo on board. (i) Type and location of any animals on board. (3) Bomb threat, hijack, dangerous cargo, and other emergencies. Any time ATCT personnel become aware of an actual or potential situation which may present a threat to the health and safety of the public, the Anytown Airport Traffic Control Tower will: (a) Notify designated emergency response personnel in accordance with established procedures (crash phone, hot line, radio, etc.). (b) Notify airport manager or designated representative. (c) Notify aircraft operator or designated representative, if able. (d) Close the airport to all traffic except the target aircraft. (e) Direct the target aircraft to the designated search area. (f) Standby to assist in communications, if requested. (g) Control the movement of aircraft and vehicles on the Movement Area to permit access to/from the designated search area. The movement of emergency vehicles will take priority over that of taxiing aircraft until the emergency condition has ended. Original signed by: Chief, Anytown Tower Airport Manager, Anytown Airport Chief, Off-Airport Fire Department(s)

37 Sample 3—Between Airport and Other Agency or Jurisdiction MUTUAL AID AGREEMENT STATE OF _____________________ AND COUNTY OF _____________________ this agreement entered into by and between the County of _____________________ Airport Authority and _____________________ on this the _____ day of ______, 20__, for a term of (months) (years) (until terminated in writing by either party) WHEREAS, the County of ______Airport Authority is a political subdivision of the State of _____________ established and empowered to operate, maintain, and protect the airports and air facilities of the Authority and to promote the safety of said airports and the public therein; and WHEREAS, the ______ is a (municipality) (state agency) (political subdivision) of the State of ______ established and empowered to (recite powers as appropriate); and WHEREAS, the parties hereto find that the possibility of major disasters threatening life and property within their respective jurisdictions presents a common danger most effectively to be met by collective planning and effort; and WHEREAS, the parties desire in advance of a major disaster or emergency condition to coordinate life-saving, fire fighting, law enforcement, and other related activities; and WHEREAS, the parties hereto have, through their respective governing boards or commissions, approved the terms and covenants set forth hereinafter by appropriate resolutions; NOW THEREFORE the parties hereto do agree and covenant one to another as follows: ARTICLE ONE—DEFINITIONS The following terms and phrases shall be understood to mean: a. “Incident Command Post”—A point where responding agencies are briefed on the situation as they arrive to report and assume control of the individual aspects of the operation. b. “Disaster”—An occurrence of a natural catastrophe, technological accident, or human-caused event that has resulted in severe property damage, deaths, and/or multiple injuries. c. “Emergency”—Any occasion or instance—such as a natural disaster (e.g. hurricane, tornado, storm, flood, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mud slide, snowstorm); aircraft crash and/or, fire; structural fire; sabotage, hijack incident, or otherwise unlawful interference with operations; major power failure; nuclear accident; chemical, biological, radiological, nuclear, and high yield explosive (CBRNE incident); or any other natural or man-made catastrophe—that warrants action to save lives and to protect property, public health, and safety. d. “Emergency Plan”—A document that: describes how people and property will be protected in disaster and disaster threat situations; details who is responsible for carrying out specific actions; identifies the personnel, equipment, facilities, supplies, and other resources available for use in the disaster; and outlines how all actions will be coordinated. e. “Emergency Operations Center”—A protected site from which emergency officials coordinate, monitor, and direct emergency response activities during an emergency. f. “Incident Commander”—that individual tasked with the direction and control of emergency response personnel and equipment, as well as providing overall management at a specific incident site, including public safety and public information. The goal of the IC is to obtain the maximum productivity from all on-scene resources. The individual in this position may change depending on the scope, intensity, and duration of the incident. g. “Incident Command System”—A standardized organizational structure used to command, control, and coordinate the use of resources and personnel that have responded to the scene of an emergency. The concepts and principles for ICS include common terminology, modular organization, integrated communication, unified command structure, consolidated action plan, manageable span of control, designated incident facilities, and comprehensive resource management. h. “Letter of Agreement”—a written undertaking by and between the parties hereto for the purpose of supplementing the terms hereof. i. “Party”—the parties hereto through their respective governing boards or commissions. j. “Requesting Party”—that party hereto in the jurisdiction of which a major disaster has occurred, including, but not limited to, fire, flood, earthquake, riot, civil commotion, or other emergencies threatening to life and/or property, of such magnitude that the resources of the said party are, in the determination of the Incident Commander of said party, not sufficient to control or abate the disaster or emergency conditions. k. “Responding Party”—the party hereto receiving a request for assistance from the requesting party.

38 a. The responsibility for determining the magnitude of a major disaster or emergency condition and for taking initial measures to meet such disaster or emergency condition shall rest with the party in the jurisdiction of which the disaster or emergency arises in accordance with the emergency plan of said party. b. In the event a disaster or emergency condition is found by a party to exceed the resources available within its jurisdiction, the said party shall immediately identify an Incident Commander and establish an Incident Command Post. c. The Incident Commander shall determine if any requirement exists for assistance from other parties and shall, as the requesting party, communicate such requirement to responding parties. d. Both parties agree to implement the National Incident Management System (NIMS) during all emergency responses on and off the airport. e. The responding party shall, in accordance with its emergency plan and/or any Letters of Agreement with the requesting party, determine the availability of resources that can be dispatched to the requesting party to serve with the requesting party in controlling or mitigating the disaster or emergency condition. f. All resources of the responding party, including but not limited to personnel, law enforcement and firefighting equipment, medical supplies, life-saving equipment, and other emergency supplies, that shall be dispatched to the requesting party, shall be under the direction and control of the Incident Commander of the requesting party, and shall act as the sole agents of the requesting party for the duration of the disaster or emergency condition or until such time as the said resources are released by the requesting party. NOTE: In some states, the control of responding mutual aid forces remains under the operational control of the jurisdiction, department, or agency furnishing the force. This should be reviewed before developing a Mutual Aid Agreement. g. The rendering of assistance by a responding party under the terms of this Agreement shall be voluntary and not mandatory as conditions in the jurisdiction of the responding party shall warrant. The inability of a responding party to render aid shall in no case give rise to liability of the responding party to the requesting party or any third person for damages as a result of such inability and the parties hereto expressly agree that the responding party shall be indemnified and held harmless by the requesting party for any and all damages resulting from rendering of or failure to render assistance under the provisions hereof. If a responding party is not able to provide the requested assistance, or any portion of it, to the requesting party, the responding party will advise the requesting party of such inabilities. h. The rendering of assistance by a responding party under the terms of this Agreement shall be without compensation and at no cost to the requesting party. ARTICLE THREE—AMENDMENT a. This Agreement may be supplemented by the Letters of Agreement between the parties for the purpose of exchanging information, identifying responsible officials, coordinating specific operations, or in any other manner providing detailed guidance for discharge of the mutual responsibilities undertaken by the term hereof. b. Any change of the responsibilities, procedures and/or liabilities set forth herein above shall be by written modification of this Agreement and not otherwise. ARTICLE TWO—OPERATIONAL PROVISIONS IN WITNESS WHEREOF the parties hereto have set their hands and seals to this Agreement as of the date first set forth at, State of ATTEST: County of ____________________. AIRPORT AUTHORITY BY: ________________________ Its _________________________