A Menu of Suggested Provisions for Public Health Mutual Aid Agreements

Fees, Funding, & Appropriations

Descriptive Note

Government entities are generally prohibited from obligating themselves to expenditures beyond legislatively appropriated amounts; they may therefore choose to insert a provision reflecting the prohibition. Beyond that, parties may choose to include provisions referencing “best efforts” (or similar language) to seek funding or to avoid imposition of costs on other parties.

Optional sample provisions

Acknowledging legislative appropriation limitation:

• Nothing in this Agreement shall obligate the funds of any Party beyond those approved by appropriate legislative action.
  
   
• Nothing herein shall be construed as obligating the Parties to extend funds or involve them in any contract or other obligation for the future payment of moneys in excess of appropriations authorized by law and administratively allocated for work under this Agreement.
  
   

Agreeing to seek funds or accept gifts and grants:

• The Parties agree to seek funding to cover travel, per diem, and in some cases, salary costs for implementation of training and exercise plans.
  
   
• Parties may accept any and all donations, gifts, and grants of money, equipment, supplies, materials and services from any unit of government, or any agency thereof and from any person, firm or corporation, for any purposes and functions under this Agreement, and may receive and use the same subject to the terms, conditions, and regulations governing such donations, gifts and grants.
  
   

Seeking to limit taxes or fees imposed on other parties:

• Each Party will use discretionary power as far as possible to avoid levy of any tax, tariff, business license or user fees on the services, equipment and supplies of any other Party engaged in emergency response activities in the territory of another Party, and will use its best efforts to encourage relevant governmental units within its territory to do likewise.