The following is provided to highlight the differences between mutual aid tools available to Virginia emergency managers. The Office of the Attorney General provides VDEM clarification of issues and requirements as these programs are changed or updated.

Local Memorandums of Understanding / Mutual Aid Agreements (MOU/MAA) These are generally 2 party agreements between contiguous communities / localities for specific services or resources. These are normally used in support of daily operations such as police, fire, and EMS support. These agreements are not part of, nor superseded by the Statewide Mutual Aid Program.

Regional Memorandums of Understanding / Mutual Aid Agreements (MOU/MAA) These are generally between several communities and localities within a defined region (e.g. National Capital Region Mutual Aid Agreement). Regional Mutual Aid Agreements are Multi- Party Agreements for specific services or resources shared throughout the region between the signatory parties and are normally used in support of daily operations. Regional Agreements are only available for use within the region by signatory parties of the agreement. These agreements are not part of, nor are they superseded by the Statewide Mutual Aid Program.

Statewide Mutual Aid (SMA) – Locality to Locality Mutual Aid SMA is a locality based mutual aid system offered throughout Virginia as defined in § 44-146.20 of the Code of Virginia. The SMA Program allows signatory localities to share resources and services with other SMA signatory localities. This program requires the adoption of legislation at the local level. SMA specifically addresses legal considerations, liability, insurance and cost recovery processes. Localities, who have adopted the SMA Authorizing Resolution, can participate and support requests for assistance made through the SMA Program. Only designated “Authorized Representatives” (Chief Administrative Official, Alternate Administrative Official, Primary Coordinating Officer, and/or Alternate Coordinating Officer) can make requests or make agreements under SMA, as outlined in the Statewide Mutual Aid Authorizing Resolution. A local declaration of emergency is required to implement SMA.

State agencies are not “signatories” to the Statewide Mutual Aid Program and therefore are not able to request resources or provide recourses through SMA. VDEM’s Logistics Section can support a “requesting locality” by submitting the initial SMA request to the SMA ListServ on behalf of the requesting locality. Requests for state resources should be made through the Virginia Emergency Operations Center either by phone, fax, email, or your individual WebEOC Account. Please do not send the same request for assistance to the SMA ListServ and the State EOC for consideration. For more information on this process please contact VDEM’s Logistics Section Chief.

Emergency Management Assistance Compact (EMAC) – State to State Mutual Aid EMAC is an interstate agreement which enables entities to provide mutual assistance during times of need. EMAC is composed of thirteen Articles of Agreement which have been enacted into law by each of the Member States.. EMAC has been adopted by all 50 States and US Territories (Guam, Puerto Rico, US Virgin Islands, and District of Columbia) as a national resource support network. EMAC requires a Requesting State or Territory to have exhausted its resource capabilities and have a Governor’s declared State of Emergency. EMAC legislation provides a common structure of procedures and expectations including implementation, resource requests, and cost reimbursement, and addresses potential problems and concerns related to liability, insurance, and reimbursement. EMAC agreements are made between the Commonwealth of Virginia and the Requesting State by using State Agencies or a Locality resource through "intergovernmental agreements". Localities or individual resources cannot directly enter into agreements with other states through EMAC.

Resources External to Virginia or Regionally Based Resources – SMA and EMAC Only To participate in SMA and/or EMAC, "non-Virginia resources or regionally based resources" will require a "sponsor" within Virginia (State Agency or Political Jurisdiction). The sponsor agency or political jurisdiction will need to make these resources temporary resources of the sponsor agency or locality and provide the same coverage as outlined in the SMA Authorizing Resolution for locality owned resources or as outlined in the EMAC Articles as adopted in Code of Virginia Section 44-146.28:1.

It is strongly suggested that the external resource provider, legal counsel of all interested parties and the sponsor’s administration be included in the discussions, drafts, and signed agreements.