Click here to join
our email and news letter
list.
Never Forget 343
Gave It All On
9-11-2001
|
|
|
Mutual Aid Information
Further Contact information
DHS/FEMA Policy Changes to Reimbursement Mutual Aid
Updates
2010 Public Assistance Applicant Handbook
FEMA 323 / March
2010
9500
Series Policy Publications,
Mutual Aid - Minnesota Laws - MN Chapter 12 has
several other section of the mutual aid laws
M.S. 12.331 was first passed as
part of the tornado relief bill in 1998. You could think of this law
as a "default" mutual aid agreement for disasters. It clarifies local
governments’ authority both to
request and to provide emergency assistance even without an existing
mutual aid agreement. It
also addresses the various liability issues much as a mutual aid
agreement would.
MN Interstate Mutual Aid Plan
Click
for a Copy of This Information
Click
for a Blank On-line Participation Form
Click
Here to View and Download the Plan
Mutual
Aid Work Session Meeting Notes January 26, 2010
Minnesota State Fire Chiefs Association
Fire Service Intrastate Mutual Aid Plan
The purpose of the Minnesota Intrastate Mutual Aid Plan is to
provide local fire chiefs with an easy access to large quantities of
fire service resources that may be needed in a major fire, disaster or
other major emergency. The Plan is based on a series of observed
occurrences and shared experiences during recent disasters and major
emergencies in the State of Minnesota. It is also an evolution of our
past experiences in dealing with the day-to-day incidents that
continually challenge our resources and competencies. Most importantly,
it is a practical approach to provide fire service resources in
quantities beyond the means of any single fire department.
The Minnesota State Fire Chiefs Association created the Plan
to provide for the systematic mobilization, deployment, organization,
and management of fire service resources to assist local agencies in a
major fire, disaster or other major emergency. The local fire service
agency is the first tier of defense in responding to the ravages of a
disaster. No community has the resources sufficient to cope with all
emergencies.
The Plan provides for the rapid activation and response of aid
to a community in the event of a localized disaster. These events can
include a major fire, train derailments, hazardous materials incidents,
wildland fires, domestic terrorism, death of a firefighter, and other
events that may overwhelm the local fire department serving the
community and its normal mutual aid resources.
Mutual Aid – Basic Concepts
- Communities are expected to commit their own and local
mutual aid resources before requesting statewide mutual aid.
However, no fire service agency is expected to reduce its own fire
protection capability to an unreasonable level.
- The rendering of mutual aid is voluntary. No
community is required to unreasonably deplete its own resources in
furnishing mutual aid.
- The decision to provide resources for mutual aid is made on
a case-by-case basis by the agency receiving the request to respond.
- Timely notification, and a coordinated build-up and
response of mutual aid resources, is essential to a successful mutual
aid response.
- The responsible local official in whose jurisdiction an
incident has occurred shall remain in charge of the incident.
- All local and mutual aid resources will operate at an
incident is accordance with the National Incident Management System
(NIMS).
Key Concepts of the Plan
The Plan is directed towards enhancing disaster management at the
local, county, and state level of government by:
1. Providing an organized method to activate large quantities
of fire department personnel and resources.
2. Establishing the positions, roles, and responsibilities necessary to
activate and maintain this plan.
3. Complimenting other disaster plans at the local and state level.
4. Utilizing the National Incident Management System (NIMS) adopted by
the State of Minnesota.
Signing Up
The Department point of contact has the authority to enter the
Department into the Statewide Mutual Aid Plan as a participant. Fill
out the participation form. The form is available online at
MSFCA.org. Questions - Email/return the form to Scott
Gerber or Ulie Seal at:
sgerber@excelsiorfire.org
useal@ci.bloomington.mn.us
Mutual Aid - Listing
of MA
contact resources in MS Word format
Mutual Aid - LMCIT
MODEL MUTUAL AID AGREEMENT
The League of Minnesota Cities
Insurance Trust has developed a Model Mutual Aid Agreement for cities
to consider when they
are working with other local governments. It provides a system to
address liability, worker’s
compensation and equipment damage in mutual aid incidents.
It
authorizes the (Chief Administrative Employee) or his/her designee to
dispatch
equipment and personnel as
deemed necessary to assist another local government. This
decision shall be made after
considering at all times and in each case the internal needs of
our local government in
addition to the needs of the party requesting our local
government’s assistance.
Mutual
Aid - FIRE DEPARTMENT MA SYSTEM FOR EXTRAORDINARY
INCIDENTS
Local governments in close
proximity to each other often assist each other with resources such as
police, fire, or public works. LMCIT recommends that these local
governments sign a written mutual aid agreement. The written mutual aid
agreement should clarify
how the assistance will be requested, the party in charge and how any
losses or claims will be
handled. If there is no written agreement between parties and an
emergency occurs, a community may still request assistance from other
communities. In this case, the provisions of Minnesota Statute 12.331
Local Assistance between political subdivisions govern the
relationship. This statute only applies if an emergency has been
officially declared.
Mutual
Aid - PROVIDING
ASSISTANCE: COVERAGE AND LIABILITY ISSUES
When disaster strikes in
Minnesota, the response is always the same. Cities and other local
governments around the state pitch in to help, sending equipment and
crews of firefighters, police officers, public works and utilities
workers, building
inspectors, and whatever other help is needed. We saw that response
when the floods devastated the
northwest in 1997 and again when the tornadoes hit southern Minnesota
in 1998, to take a couple of
recent examples. Providing and receiving disaster assistance raises
some coverage and
liability issues for cities on both sides. This memo outlines the
applicable statutes, summarizes how
the city LMCIT coverage's apply, and identifies some potential problems
that cities
need to be aware of. There's also a checklist of potential coverage
issues in emergency assistance
situations.
Mutual Aid - Listing on MN Communities
and their mutual aid partners.
Disaster Assistance Policy 9523.6 - Mutual Aid Agreements
for Public Assistance and Fire Management Assistance (PDF 381
KB)
Download Plug-in
Some of the links on this page require a plug-in to view them.
Links to the plug-ins are available below.
Adobe Acrobat (PDF)
Last Modified: Wednesday, 29-Aug-2007 17:51:06
EDT
Interim Policy on Fire Suppression Assistance
Response and Recovery Policy Number: 9550.3
This policy has been archived. See the Fire
Management Grant Program for the current policies and publications.
- Date Signed: April 15, 1999
- Response and Recovery Policy Number: 9550.3
- Title: Interim Policy on Fire Suppression
Assistance
- Purpose: This clarifies the Federal
Emergency Management Agency's (FEMA's) policy on the eligibility of
costs for staging of resources that improve response capability, mutual
aid, the declaration process, the delegation of the declaration
authority, and payment of Emergency Operations Center (EOC) costs. This
policy reflects adjustments made and practices adopted during the 1998
and 1999 fire season.
- Scope and Audience: This policy applies to
all fire suppression grants approved after publication of this
document. It is intended to provide guidance for FEMA and State
personnel responsible for the administration of the Fire Suppression
Program.
- Background: We are in the process of
reengineering the Fire Suppression Assistance Program in order to
simplify and streamline its administration. We will work with our State
partners and the U.S. Forest Service to reengineer this program, and we
plan to publish proposed regulations in this regard by the end of July
1999.
This policy is intended to clarify key elements of the
current program for use in the 1999 fire season. The 1998 fire season
was an important year in the evolution of Fire Suppression Assistance
Program administration. There were a large number of declaration
requests that provided us with a great deal of experience to clarify
policy issues with the program. Early in the 1999 fire season, FEMA
recognized the importance of using an EOC when dealing with wildfire
situations in the wildland/urban interface.
Staging of Federal Resources The Fire
Suppression Assistance Program provides for mobilization and
demobilization costs directly related to approved Federal fire
suppression assistance. The regulations are silent on the eligibility
of staging of Federal resources. For effective program management and
simplification of the program for the State, we have established this
policy for staging of Federal resources. Staging of resources enables
faster response to fires.
We have determined that staging a reasonable quantity of
Federal resources may be included as part of mobilization and
demobilization costs when associated with a fire or fire complex
approved for funding under the Fire Suppression Assistance Program.
This policy defines mobilization costs to include staging of Federal
resources directly related to approved fire suppression assistance
grants.
As with all FEMA programs, the Fire Suppression Assistance
Program is supplemental to the State resources. Therefore, mobilization
and demobilization, including staging of resources, is a State
responsibility when associated with fires that are not approved under
the program.
Definition. The staging of resources is
accomplished when they are no longer at their original home base
location but are physically moved to a location closer to the potential
fire areas and are on stand-by for immediate deployment to a fire
incident.
Mutual Aid In this program we do not
recognize local governmental and volunteer firefighting organizations
as eligible legal entities to apply for subgrants. However, local
governmental and volunteer firefighting organizations can receive
Federal funding from fire suppression assistance grants by three means:
mutual aid agreements with the State, State statute or Executive Order
stipulating financial reimbursement of costs incurred by local
governmental and volunteer firefighting organizations.
Timing of the Declaration Process The
program operates on a "real time" basis. This policy clarifies whether
the decision to authorize fire suppression assistance is made on the
basis of a threat of a major disaster at the time of the State's
request or at the time of the actual decision. This clarification
provides for effective, fair and consistent program management.
Declaration Delegation The decision to
authorize fire suppression assistance has typically been made by the
Executive Associate Director or designee. During the extreme fire
activity in Texas during 1998, the Executive Associate Director
delegated declaration authority to the Federal Coordinating Officer.
This decision to delegate this authority to the Regional level provided
a more effective response during the extreme and persistent fire
conditions.
Payment of Emergency Operations Center Costs
Overtime costs related to the Management of fire suppression assistance
grants is particularly important when dealing with fires in the
wildland/urban interface. Early in the 1999 fire season numerous fires
in Florida's wildland/urban interface necessitated an organizational
element to manage information and coordinate a more effective response.
- Policy:
- Staging of Federal Resources
- FEMA may reimburse a State for the cost of staging
a reasonable quantity of Federal resources within a two week period
prior to an approval of a fire or fire complex. Costs for mobilization
to, and demobilization from, the staging area may be claimed.
Demobilization may be claimed at a delayed date if deployment involved
more than one approved event. When this occurs, mobilization and
demobilization charges for the staging are to be claimed against the
first event.
- FEMA will authorize reimbursement to the State for
the staging of Federal resources as part of mobilization and
demobilization only after a Fire Suppression Assistance Grant has been
approved and the staged resources have been used in response to the
approved fire incident. To receive reimbursement, the State must meet
all program requirements, including the floor cost requirements. For
reimbursement, any asset provided by another entity must have been
specifically requested by the State.
- Reasonable staging costs will be eligible even if
the State uses the staged resources against fires that are not
approved, as long as at least one incident is approved for Federal
assistance within the two week period and some of the staged resources
are used on the declared fire.
- Suppression costs incurred in using staged
resources while fighting the non-approved incident(s) are not eligible.
- In accordance with 44 CFR Part 13, the State must
maintain appropriate records to support expenditures for the staging of
Federal resources.
- FEMA does not fund pre-suppression costs.
Pre-suppression costs include: costs for planning response and recovery
activities, cutting fire-breaks without an imminent threat being
present, training, road widening, and other activities in preparation
for fire suppression. The purchase of non-expendable items such
computers, phones, radios, etc. are not eligible for reimbursement.
- FEMA will fund staging costs on the basis of
reasonable costs incurred, at a maximum of 16 hours/day for each person
and 24 hours/day for equipment.
- Mutual Aid
State reimbursement of local governmental and
volunteer firefighting organizations is eligible when there is a mutual
aid agreement between the State and local entities in existence prior
to the approval of the fire incident by FEMA. Additionally, FEMA
accepts a State statute or Executive Order, in the absence of a mutual
aid agreement that designates the State as responsible for the
financial payment of its local governmental and volunteer firefighting
organizations when officially responding to the State's request for
assistance.
- Mutual Aid Agreements. FEMA may, through
the State, reimburse local governmental firefighting organizations for
eligible fire suppression costs provided that:
- There is a mutual aid agreement between the
State and local entities responding to a fire incident.
- The mutual aid agreement is in written form,
signed and officially passed by the governing body prior to the
approval of the fire incident.
- The mutual aid agreement designates the State
responsible for reimbursement to local governmental and volunteer
firefighting organizations.
- The mutual aid agreement applies uniformly in
all fire incidents (i.e., the agreement is not contingent upon approval
of a fire incident by FEMA).
- The State submits the mutual aid agreement to
FEMA's Office of General Counsel for review and determination of
applicability and reasonableness.
- Upon request, the State provides FEMA with the
local governmental and volunteer firefighting organizations'
documentation of services rendered and costs incurred.
- Reimbursement of Mutual Aid Agreements.
- Reimbursement of fire suppression assistance
grants are based upon the actual and eligible costs incurred during
suppression efforts. Therefore, the providing entities (i.e., local
governmental and volunteer firefighting organizations) may submit their
expenditures to the receiving entity (i.e., the State) for
reimbursement.
- Since mutual aid agreements are treated as
contracts, the labor and equipment rates outlined in the agreement may
be accepted provided that they are reasonable.
- If the agreement provides for an initial period
of unpaid assistance before reimbursement to local governmental and
volunteer firefighting organizations, assistance provided during that
period may be claimed:
- By the local governmental and volunteer
firefighting organizations for compensation of equipment costs.
Reimbursement will be made using FEMA equipment rates or the local
governmental firefighting organizations rates - whichever is lower.
- By the State and applied as credit towards
the State's cost share.
- State Statutes or Executive Orders. FEMA
may reimburse local governmental and volunteer firefighting
organizations for eligible fire suppression costs provided that:
- The statute or Executive Order designates the
State responsible for the financial payment to local governmental and
volunteer firefighting organizations.
- The State officially passed the statute or
Executive Order and placed it in effect prior to the fire incident.
- The statute or Executive Order applies
uniformly to all fire incidents (i.e., the statute or Executive Order
is not contingent upon approval of a fire incident by FEMA).
- The State submitted the statute or Executive
Order to FEMA's Office of the General Counsel for review and
determination of applicability and reasonableness.
- Upon request, the State provides FEMA with the
local governmental and volunteer firefighting organizations'
documentation of services rendered and costs incurred.
- Reimbursement of State Statutes or Executive
Orders
- Reimbursement of fire suppression
assistance grants are based upon the actual and eligible costs incurred
during suppression efforts. Therefore, the providing entities (i.e.,
local governmental and volunteer firefighting organizations) may submit
their expenditures to the receiving entity (i.e., the State) for
reimbursement.
- Actual and eligible costs will be
reimbursed using FEMA equipment rates or the local governmental and
volunteer firefighting organization rates - whichever is lower.
- If the statute or Executive Order provides
for an initial period of unpaid assistance before reimbursement to
local governmental and volunteer firefighting organizations, assistance
provided during that period may be claimed:
- By the local governmental and volunteer
firefighting organizations for compensation of equipment costs.
Reimbursement will be made using FEMA equipment rates or the local
governmental firefighting organizations rates - whichever is lower.
- By the State and applied as credit
towards the State's cost share.
- Absence of Mutual Aid Agreement, State
Statute, or Executive Order. In the absence of mutual aid
agreements or a State statute, the State cannot provide subgrants of
Federal funds to the local governmental and volunteer firefighting
organizations, however;
- If the State agrees to provide direct
reimbursement to its local governmental and volunteer firefighting
organizations outside of the fire suppression assistance grant, the
State may apply the costs of the local and volunteer firefighting
resources to the State's portion of the cost-share under the Fire
Suppression Assistance Program as volunteer credit.
- In order to be eligible for volunteer credit,
the State must reimburse local governmental and volunteer organizations
for eligible actual costs incurred during the suppression of a
federally approved fire.
- Timing of the Declaration Process
FEMA shall base the decision to authorize or deny fire
suppression on the conditions existing at the time of the State's
request for fire suppression assistance, whether or not conditions have
changed by the time the request is authorized.
- Declaration Delegation
The Executive Associate Director may delegate
authority to a Regional Director when a State is expected to make
frequent requests for fire suppression assistance during the course of
the fire season. The Regional Director may redelegate this authority as
appropriate, in accordance with 44 CFR 2.6(a)
- Payment of Emergency Operations Center Costs
We have determined that it is appropriate to reimburse
the State for EOC expenses that are above normal operating costs if the
EOC is considered to be a Unified Command Center used for direction and
control of fighting declared fires or fire complexes, providing
assistance to the management of the fire situation, tracking of
fire-related costs, and coordination of the State response. FEMA will
reimburse PFT State personnel for their overtime at the established
cost share. Overtime costs associated with the EOC must be approved by
the Regional Director.
- Supersession: Any documents or parts of
documents on the use of Fire Suppression funds for pre-disaster
activity, mutual aid, timing of the declaration process and delegation
of the authority to authorize fire suppression assistance grants.
- Authorities: Section 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as
amended (Stafford Act), and implementing regulations in 44 CFR Part
206.390-395.
- Originating Office: Infrastructure
Division, Response and Recovery Directorate
- Review Date: This policy will be reviewed
in six months or upon the effective date of the final rule for fire
suppression assistance.
- Signature:
signed
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
- Distribution: Regional Directors, Regional
and Headquarters R & R Division Directors
Click
here to join our email and news letter list.

wrjorgenGWDT
|