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Yes, we are glad to provide this service. You can request it via e-mail, kenny.hayes@vdem.virginia.gov. You can also download it directly from the VDEM Web site at www.vaemergency.com/programs/sma.
Counties: Send one copy to the Virginia Association of Counties (VACo) and one copy to the Virginia Department of Emergency Management. Their addresses are as follows:
Cities and Eligible Towns: Send one copy to the Virginia Municipal League (VML) and one copy to the Virginia Department of Emergency Management. Their addresses are as follows:
No. The SMA Committee was very careful to emphasize that the program is not intended to interfere or conflict in any way with existing reciprocal mutual aid agreements between neighboring jurisdictions or other mutual aid arrangements already in place and working. In fact, we encourage localities and state agencies to keep such agreements in place. The primary intent of SMA is to make local resources more easily available statewide should they be needed in response to a major disaster and, in so doing, to minimize otherwise problematic issues related to insurance, liability and reimbursement.
Only those towns with a population greater than 5,000 that choose to have an official Emergency Management organization separate from their county are eligible to participate as a Requesting Party or Assisting Party under SMA. Virginia has five eligible towns: Chincoteague (less than 5,000 but exempted because of its special coastal flooding hazard), Christiansburg, Farmville, South Boston and Vinton. For all other towns, it is to their advantage to participate under the aegis of their county. In this way, the county would handle the administrative details, the town would have better standing and protection from both a liability and a reimbursement perspective, and the county would go to bat for the town should there be any SMA deployment-related problems. Town officials are encouraged to discuss with the county how liability coverage can best be provided when deploying personnel to another county or city. If town firefighters don't already carry such protection, the county may be able to help obtain it at a reasonable cost.
Although intended primarily for "major disasters," there is sufficient flexibility for SMA to be implemented for smaller events as well. For smaller events or "close cases" when a Presidential major disaster declaration is not certain, obtaining resources through SMA becomes a judgment call for local officials. Being practical, it is not likely that an impacted locality will implement SMA on a large scale unless there is a serious threat to life and property and they need resources or expertise from another jurisdiction. If SMA is implemented concurrent with a "state of emergency" declaration issued by the Governor, there could be provisions for reimbursement to localities. Reimbursement could also occur without such a declaration under the Commonwealth Emergency Relief for Localities program. Finally, in the event of a large-scale event when federal disaster
aid is provided to the state, assistance could be available through related programs. When state or federal reimbursement is made available, a well-documented SMA deployment will greatly facilitate the process and maximize opportunities for receiving such assistance.
When implemented, the SMA Event Agreement, in effect, becomes a contract between the Requesting Party and the Assisting Party for the provision of specific services wherein the Requesting Party agrees to reimburse the Assisting Party a pre-determined estimate of total costs. Such an uncomplicated process is likely to:
Helping each other in time of serious need is something localities want to do anyway. SMA makes it feasible and, in doing so, eliminates most concerns and uncertainties related to liability and reimbursement.
You are correct. The misleading statements in the July 2000 version of the Guidebook about workers' compensation have been deleted and a statement has been added to the Event Agreement form for clarification. The intent has always been that the Assisting Party would be responsible for workers' compensation coverage and claims. Thank you for pointing out these inconsistencies and we were glad to make the correction. To
respond further, if a third party caused harm to your employee that resulted in a workers' compensation claim, the same legal rules would apply as if it happened in your locality. Your workers' compensation carrier (or claims administrator in the case of a self-insured locality) would have the right to subrogate against an at fault party. (This could be direct subrogation or in the form of a lien attached to any legal action taken by the injured worker.) However, keep in mind that there is a great deal of immunity granted from liability when various parties are responding to a declared emergency. Therefore, in many cases, such subrogation will not be successful.
How overtime will be handled should be included in Part II of the Event Agreement or contract to eliminate any possibility of misunderstanding. Normally, it should be in accordance with existing procedures as if the deployment were within the Assisting Party's home locality. However, some flexibility is provided here as well. The goal is, when it's all over, to have accomplished a safe deployment that will have been truly helpful and cost-effective from everybody's perspective. In the spirit of SMA, it is very important that Assisting Parties not be perceived as having taken monetary advantage of the situation.
Yes. A SMA duty officer is always on call to assist you. The State EOC 24-hour number is (804) 674-2400. During normal duty hours, you may contact the SMA program manager directly via e-mail: frank.williamson@vdem.virginia.gov or phone: (804) 897-6500, ext. 6527. All requests for assistance will be coordinated through the State EOC so that the best available assistance can be provided as soon as possible. Generally, state resources will be coordinated through the State EOC and local resources will be coordinated, at least where both parties are SMA-member localities, through SMA.
The current listing of SMA member localities is posted on the VDEM Web site at www.vaemergency.com/programs/sma.
If you have additional questions, please submit them via e-mail to Kenny Hayes, Resource Management Coordinator, at kenny.hayes@vdem.virginia.gov.