Fill and Sign the Mutual Aid Contract Form

Mutual Aid Contract for Emergencies Agreement made on the       day of       , 20       , between       , a corporation organized and existing under the (Name of County One) laws of the state of       , with its principal office located at (Name of State)       , referred to herein as XEMA , and ZMA (Street Address, City, County, State, Zip Code) ( corporations organized and existing under the laws of the state of       . (Name of State) Whereas, pursuant to the             , (Name of Law) (Name of County Emergency Agency) Counties shall, to the extent possible and reasonable, develop aid Agreements with adjacent jurisdictions for reciprocal emergency assistance, which Agreements shall be ratified by the governing body of each jurisdiction involved; and Whereas, by mutual execution of this Agreement, Agencies intend to formalize arrangements relative to certain reciprocal emergency assistance by and between said jurisdictions: Now, therefore, for and in consideration of the mutual promises and Agreements contained herein, the parties hereby agree as follows: 1. Agencies agree to furnish emergency services resources as defined in      to each other upon (Cite Law) request of the Jurisdiction’s Executive if available, or his/her designee, on a non reimbursable basis. It is specifically agreed that neither party is obligated or required to furnish any service or take any action pursuant to this Agreement. Neither party shall present any claim against the other party for compensation of any cost, loss, damage, personal injury, nor death occurring in consequence of the performance of the services called for in the Agreement. 2. This Agreement shall apply to the following circumstances and/or situations: A. The provision of emergency service resources by either or both Parties in response to the occurrence or the threat of a man-made, natural, terrorist or war-caused disaster; B. The distribution of personnel, materials, supplies, equipment, and other forms of aid by and between the Parties; C. The staffing and equipping of an emergency operation center responsible for coordinating the emergency response activity of either or both Parties affected by an actual or imminent disaster emergency; Mutual Aid Contract for Emergencies Page 1 of 4 D. The staffing of a Public Safety Answering Point or Public Safety Dispatch Point responsible for the receipt, processing, dispatching, and monitoring of emergency calls for assistance by either Party affected by an actual or imminent disaster emergency; E. Response to incidents (actual or imminent) which endanger the health, safety, or welfare of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract, or remove the danger caused by the incident; F. Participation by personnel in exercises, drills, or other training activities designed to train and prepares for, cope with, respond to, or prevent the occurrence of any disaster emergency. 3. The dispatch, by either or both Parties, of emergency service resources pursuant to this Agreement shall be subject to the following terms and conditions: A. Any request for aid hereunder shall specify the specific resources requested, however, an authorized representative of the responding organization shall determine the specific resources to be furnished; B. The responding personnel shall report to the officer in charge at the location to which the resources are dispatched, and shall be subject to the orders and operational control of the requesting organization’s officer in charge at the location of assignment; C. The responding personnel/resources shall be released by the requesting organization when the services of the responding organization are no longer required or when the resources are needed within their normal emergency service area. 4. Plans for the orderly deployment and reception of resources of one Party by the other Party resulting from a disaster/emergency situation shall be developed by representatives of both parties and their respective organizations. Such plans shall include the method of transporting and receiving resources, the specific resources to be received at designated locations, the manner in which food, clothing, housing, and medical care shall be provided, the assignments of the personnel, anticipated utilization of resources, and other relevant factors. 5. This Agreement sh all become effective immediately upon its ratification by the appropriate representatives. Duly authenticated copies of this Agreement, after approval, shall be deposited with each of the parties and/or their authorized representatives. 6. This Agreement shall continue in force and remain binding upon each Party until the appropriate representative(s) take action to withdraw. Such action shall be effective until 90 days after notice of withdrawal to the other parties to this Agreement has been filed. 7. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 8. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the Mutual Aid Contract for Emergencies Page 2 of 4 terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 10. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 17. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. /// /// /// /// /// /// /// /// Mutual Aid Contract for Emergencies Page 3 of 4 WITNESS our signatures as of the day and date first above stated.             XEMA ZEMA By: By: (Signature of Officer) (Signature of Officer)             (P rinted Name) (P rinted Name)             ( Office in Corporation) ( Office in Corporation) Mutual Aid Contract for Emergencies Page 4 of 4