HomeMy WebLinkAbout2003-06-16-Resolutions 03-140_IA Mutual Aid CompactRESOLUTION 03-140 ITHECITYOFWAUKEE,IOWA
APPROVING THE IOWA MUTUAL AID COMPACT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,emergencies and disasters transcend jurisdictional boundaries,making
intergovermnental coordination essential in successful emergency response efforts;AND,
WHEREAS,there will inevitably be emergencies which require immediate access to outside
resources due to the fact that few individual governments have all of the resources they may need
in every type of emergency;AND,
WHEREAS,Senate File 2124,approved by the Second Session ofthe 79th General Assembly in
2002,creates Iowa Code section 29C.22,the Statewide Mutual Aid Compact;AND,
WHEREAS,the Statewide Mutual Aid Compact allows participating counties,cities and other
political subdivisions to provide in advance for mutual assistance in managing any emergency or
disaster;j
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,that in
order to maximize the prompt,full and effective use of resources of all participating
govermnents in the event of an emergency or disaster,the City hereby adopts the Statewide
Mutual Aid Compact,which is attached hereto and incorporated by reference.
Passed by the City Council of the City of Waukee,Iowa,and approved the 16th day ofJune 2003.
Attest:
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,Jr.
Bill Peard
Mike Watts
Darlene Stanton
AYE
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NAY ABSENT I
STATEWIDE MUTUAL AID COMPACT
This statewide mutual aid compact is entered into with all other counties,cities,and
other political subdivisions that enter into this compact in substantially the following form:
ARTICLE I PURPOSE AND AUTHORITIES
This compact is made and entered into by and between the participating counties,cities,
and political subdivisions which enact this compact.For the purposes of this agreement,the
term "participating governments"means counties,cities,townships,and other political
subdivisions of the state which have,through ordinance or resolution of the governing body,
acted to adopt this compact.
The purpose of this compact is to provide for mutual assistance between the
participating governments entering into this compact in managing any emergency or disaster that
is declared in accordance with a countywide comprehensive emergency operations plan or by the
governor,whether arising from natural disaster,technological hazard,man-made disaster,
community disorder,insurgency,terrorism,or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises,
testing,or other training activities using equipment and personnel simulating performance of any
aspect of the giving and receiving of aid by participating governments during emergencies,such
actions occurring outside actual declared emergency periods.
ARTICLE II GENERAL IMPLEMENTATION
Each participating govermnent entering into this compact recognizes many
emergencies transcend political jurisdictional boundaries and that intergovernmental
coordination is essential in managing these and other emergencies under this compact.Each
participating government further recognizes that there will be emergencies which require
immediate access and present procedures to apply outside resources to make a prompt and
effective response to the emergency.This is because few,if any,individual governments have
all the resources they may need in all types of emergencies or the capability of delivering
resources to areas where emergencies exist.
The prompt,full,and effective use of resources of the participating governments,
including any resources on hand or available from any source,that are essential to the safety,
care,and welfare of the people in the event of any emergency or disaster declared by the
governor or any participating government,shall be the underlying principle on which all articles
of this compact shall be understood.
On behalf of the participating government in the compact,the legally designated
official who is assigned responsibility for emergency management will be responsible for
formulation of the appropriate intrastate mutual aid plans and procedures necessary to implement
this compact.
ARTICLE III PARTICIPATING GOVERNMENT RESPONSIBILITIES
I.It shall be the responsibility of each participating government to formulate
procedural plans and programs for intrastate cooperation in the performance of
the responsibilities listed in this article,In formulating the plans,and in canying
them out,the participating governments,insofar as practical,shall:
a.Review individual hazards analyses and,to the extent reasonably possible,
determine all those potential emergencies the participating governments might
jointly suffer,whether due to natnral disaster,technological hazard,man-made
disaster,civil disorders,insurgency,terrorism,or enemy attack.
b.Review the participating govemments'individual emergency plans and
develop a plan that will determine the mechanism for the intrastate
management and provision of assistance conceming any potential emergency.
c.Develop intrastate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans.
d.Assist in warning communities adjacent to or crossing the participating
governments'boundaries.
e.Protect and ensure uninterrupted delivery of services,medicines,water,food,
energy and fuel,search and rescue,and critical lifeline equipment,services,
and resources,both human and material.
f.Inventory and set procedures for the intrastate Ioan and delivery of human and
material resources,together with procedures for reimbursement or
forgiveness.
g.Provide,to the extent authorized by law,for temporary suspension of any
ordinances that restrict the implementation of the above responsibilities.
2.The authorized representative of a participating government may request
assistance of another participating government by contacting the authorized
representative of that participating government.The provisions of this compact
shall only apply to requests for assistance made by and to authorized
representatives.Requests may be verbal or in writing.If verbal,the request shall
be confirmed in writing within thirty days of the verbal request.Requests shall
provide all of the following:
a.A description of the emergency service function for which assistance is
needed,such as but not limited to fire services,law enforcement,emergency
medical,transportation,communications,public works and engineering,
building inspection,planning and information assistance,mass care,resource
support,health and medical services,and search and rescue.
b.The amount and type of personnel,equipment,materials,and supplies needed,
and a reasonable estimate of the length of time that the personnel,equipment,
materials,and supplies will be needed.
c.The specific place and time for staging ofthe assisting participating
govemment's response and a point of contact at that location.
3.The authorized representative of a participating govemment may initiate a request
by contacting the homeland security and emergency management division ofthe
state department of public defense.When a request is received by the division,
the division shall directly contact other participating governments to coordinate
the provision of mutnal aid.
4.Frequent consultation shall occur between officials who have been assigned
emergency management responsibilities and other appropriate representatives of
the participating governments with affected jurisdictions and state government,
with free exchange of information,plans,and resource records relating to
emergency capabilities.
ARTICLE IV LIMITATIONS
Any participating government requested to render mutual aid or conduct exercises and
training for mutual aid shall take the necessary action to provide and make available the
resources covered by this compact in accordance with the terms of the compact.
However,it is understood that the participating government rendering aid may withhold
resources to the extent necessary to provide reasonable protection for the participating
govennnent.Each participating government shall afford to the emergency forces of any other
participating govennnent,while operating within its jurisdictional limits under the terms and
conditions of this compact,the same powers,except that of arrest unless specifically authorized
by the receiving participating government,duties,rights,and privileges as are afforded forces of
the participating government in which the emergency forces are performing emergency services.
Emergency forces shall continue under the connnand and control of their regular leaders,
but the organizational units shall come under the operational control of the emergency services
authorities of the participating government receiving assistance.These conditions may be
activated,as needed,only subsequent to a declaration of a state of emergency or disaster by the
governor or by competent authority of the participating govennnent that is to receive assistance,
or commencement of exercises or training for mutual aid,and shall continue so long as the
exercises or training for mutual aid are in progress,the state of emergency or disaster remains in
effect,or loaned resources remain in the receiving jurisdiction,whichever is longer.
ARTICLE V LICENSES AND PERMITS
If a person holds a license,certificate,or other permit issued by any participating
government to this compact evidencing the meeting of qualifications for professional,
mechanical,or other skills,and when the assistance is requested by another participating
government,the person shall be deemed licensed,certified,or permitted by the participating
govennnent requesting assistance to render aid involving the skill to meet a declared emergency
or disaster,subject to the limitations and conditions as the governor may prescribe by executive
order or otherwise.
ARTICLE VI LIABILITY
Officers or employees of a participating government rendering aid in another
participating government jurisdiction pursuant to this compact shall be considered agents of the
requesting participating government for tort liability and immunity purposes and a participating
government or its officers or employees rendering aid in another jurisdiction pursuant to this
compact shall not be liable on account of any act or omission in good faith on the part of the
forces while so engaged or on account of the maintenance or use of any equipment or supplies in
connection with the aid.Good faith in this article shall not include willful misconduct,gross
negligence,or recklessness.
ARTICLE VII SUPPLEMENTARY AGREEMENTS
Because it is probable that the pattern and detail of the machinery for mutual aid among
two or more participating governments may differ from that among other participating
governments,this compact contains elements of a broad base common to all political
subdivisions,and this compact shall not preclude any political subdivision from entering into
supplementary agreements with another political subdivision or affect any other agreements
already in force between political subdivisions.Supplementary agreements may include,but
shall not be limited to,provisions for evacuation and reception of injured and other persons and
the exchange of medical,fire,police,public utility,reconnaissance,welfare,transportation and
communications personnel,and equipment and supplies.
ARTICLE VIII WORKERS'COMPENSATION
Each participating government shall provide for the payment of workers'compensation
and death benefits to injured members of the emergency forces of that participating government
and representatives of deceased members of the emergency forces in case the members sustain
injuries or are killed while rendering aid pursuant to this compact,in the same manner and on the
same terms as if the injury or death were sustained within their own jurisdiction.
ARTICLE IX REIMBURSEMENT
Any participating government rendering aid in another jurisdiction pursuant to this
compact shall be reimbursed by the participating government receiving the emergency aid for
any loss or damage to or expense incurred in the operation of any equipment and the provision of
any service in answering a request for aid and for the costs incurred in connection with the
requests.However,an aiding political subdivision may assume in whole or in part the loss,
damage,expense,or other cost,or may loan the equipment or donate the services to the receiving
participating government without charge or cost,and any two or more participating governments
may enter into supplementary agreements establishing a different allocation of costs among the
participating governments.Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X EVACUATION AND SHELTERING
Plans for the orderly evacuation and reception of portions of the civilian population as the
result of any emergency or disaster shall be worked out and maintained between the participating
governments and the emergency management or services directors of the various jurisdictions
where any type of incident requiring evacuations might occur.The plans shall be put into effect
by request ofthe participating government from which evacuees come and shall include the
manner of transporting the evacuees,the number of evacuees to be received in different areas,
the manner in which food,clothing,housing,and medical care will be provided,the registration
of the evacuees,the providing offacilities for the notification of relatives or friends,and the
forwarding of the evacuees to other areas or the bringing in of additional materials,supplies,and
all other relevant factors.The plans shall provide that the participating government receiving
evacuees and the participating government from which the evacuees come shall mutually agree
as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees,
for expenditures for transportation,food,clothing,medicines and medical care,and like items.
The expenditures shall be reimbursed as agreed by the participating government from which the
evacuees come.After the termination of the emergency or disaster,the participating government
from which the evacuees come shall assume the responsibility for the ultimate support of
repatriation of such evacuees.
ARTICLE XI IMPLEMENTATION
1.This compact shall become operative immediately upon its adoption by ordinance
or resolution by the governing bodies of any two political subdivisions.
Thereafter,this compact shall become effective as to any other political
subdivision upon its adoption by ordinance or resolution of the governing body of
the political subdivision.
2.Any participating government may withdraw from this compact by adopting an
ordinance or resolution repealing the same,but a withdrawal shall not take effect
until thirty days after the governing body of the withdrawing participating
government has given notice in writing ofthe withdrawal to the administrator of
the homeland security and emergency management division who shall notify all
other participating governments.The action shall not relieve the withdrawing
political subdivision from obligations assumed under this compact prior to the
effective date of withdrawal.
3.Duly authenticated copies of this compact and any supplementary agreements as
may be entered into shall be deposited,at the time of their approval,with the
administrator of the homeland security and emergency management division who
shall notify all participating governments and other appropriate agencies of state
government.
ARTICLE XII VALIDITY
This compact shall be construed to effectuate the purposes stated in article 1.If any
provision of this compact is declared unconstitutional,or the applicability of the compact to any
person or circumstances is held invalid,the constitutionality of the remainder of this compact
and the applicability of this compact to other persons and circumstances shall not be affected.