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2009 - 03-16-09 Regular Meeting
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2009 - 03-16-09 Regular Meeting
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4/15/2009 10:22:29 AM
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Minutes
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Board of Commissioners
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BOOK 22 Pact 633 <br />Section I. DEFINITIONS <br />"Agreement" means this document, the North Carolina Statewide Emergency <br />Management Mutual Aid and Assistance Agreement. <br />"Aid and assistance" includes personnel, equipment. facilities, services, supplies, and <br />other resources. <br />"Authorized Representative" means a party's employee who has been authorized, in <br />writing by that party, to request, to offer, or to otherwise provide assistance under the <br />terns of this Agreement. The list of Authorized Representatives for each party executing <br />this Agreement shall be attached to the executed copy of this Agreement. (In the event of <br />a change in personnel, unless otherwise notified the presumption will be that the <br />successor to that position will be the authorized representative.) <br />"Disaster" means an occurrence or imminent threat of widespread or severe damage, <br />injury, or loss of-life or property, resulting from any natural or man-made accidental, <br />military, or paramilitary cause. <br />"Local Agency" means a county agency charged with coordination of all emergency <br />management activities for its geographical limits pursuant to G.S. 166A-7. <br />"Party" means a governmental entity which has adopted and executed this Agreement. <br />"Provider" means the party which has received a request to fumish aid and assistance <br />from another party in need (the "Recipient"). <br />"Recipient" means the party setting forth a request for aid and assistance to another party <br />(the "Provider"). <br />Section IL INITIAL RECOGNITION OF PRINCIPLE BY ALL PARTIES; <br />AGREEMENT PROVIDES NO RIGHT OF ACTION FOR THIRD PARTIES <br />As this is a reciprocal contract, it is recognized that any party to this Agreement may be <br />requested by another party to be a Provider. It is mutually understood that each party's <br />foremost responsibility is to its own citizens. The provisions of this Agreement shall not <br />be construed to impose an unconditional obligation on any party to this Agreement to <br />provide aid and assistance pursuant to a request from another party. Accordingly, when <br />aid and assistance have been requested, a party may in good faith withhold the resources <br />necessary to provide reasonable and adequate protection for its own community, by <br />deeming itself unavailable to respond and so informing the party setting forth the request. <br />Given the finite resources of anyjurisdiction and the potential for each party to be <br />unavailable for aid and assistance at a given point in time, the parties mutually encourage <br />each other to enlist other entities in mutual aid and assistance efforts and to enter into <br />such agreements accordingly. Concomitantly, the parties fully recognize that there is a <br />
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