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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 PHGt 694 <br />highly meritorious reason for entering into this Agreement, and accordingly shall attempt <br />to render assistance in accordance with the terms of-this Agreement to the fullest extent <br />possible. <br />Pursuant to G.S. 166A-14 and as elaborated upon in Section X of this Agreement. all <br />functions and activities performed under this Agreement are hereby declared to be <br />governmental functions. Functions and activities performed under this Agreement are <br />carried out for the benefit of the general public and not for the benefit of any specific <br />individual or individuals. Accordingly, this Agreement shall not be construed as or <br />deemed to be an agreement for the benefit of any third parties or persons and no third <br />parties or persons shall have any right of action under this Agreement for any cause <br />whatsoever. All immunities provided by law shall be fully applicable as elaborated upon <br />in Section X of this Agreement- <br />Section IIL PROCEDURES FOR REQUESTING ASSISTANCE <br />Mutual aid and assistance shall not be requested unless the resources available within the <br />stricken area are deemed inadequate by Recipient- When Recipient becomes affected by a <br />disaster and deems its resources inadequate, it may request mutual aid and assistance by <br />communicating the request to Provider, indicating the request is made pursuant to this <br />mutual aid agreement. The request shall be followed as soon as practicable by a written <br />confirmation of that request. including the transmission of a proclamation of local state of <br />emergency under G.S. 166A-8 and Article 36 A of Chapter 14 of the NC General <br />Statutes, and a completed form describing its projected needs in light of the disaster. All <br />requests for mutual aid and assistance shall be transmitted by the party's Authorized <br />Representolive or to the Coordinator ojthe Local Agency as set forth below. <br />A. METHOD OF REQUEST FOR MUTUAL AID AND ASSISTANCE: Recipient shat I set <br />forth requests by means of one of the two options described as follows: <br />(i) REQUESTS ROUTED TIIROIJGII THE RECIPIENT'S LOCAL AGENCY: Recipient <br />may directly contact the Local Agency, in which case it shall provide the Local Agency <br />with the information in paragraph B of this Section (Section III). The Local Agency shalt <br />then contact other part ies on behalf of Recipient to coordinate the provision of mutual aid <br />and assistance. Recipient shall be responsible for the costs and expenses incurred by any <br />Provider in providing aid and assistance pursuant to Section V11 of this Agreement. <br />(ii) RIiQLJFSTSMADEDIRECTLY 10 PROVIDER: Recipient may directly contact <br />Provider's authorized representative, setting forth the information in paragraph 13 of this <br />Section (Section 111). All communications shall be conducted directly between Recipient <br />and Provider. Recipient shall be responsible for the costs and expenses incurred by any <br />Provider in providing aid and assistance pursuant to the provisions of this Agreement as <br />noted in Section V11 of this Agreement. Provider and recipient shall be responsible for <br />keeping Local Agencies advised of the status of response activities, in a timely manner. <br />
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