HomeMy WebLinkAbout2017-02-21-J06 Polk Co PW 28E AgrTHE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING A 28E AGREEMENT FOR MUTUAL ASSISTANCE FOR POLK COUNTY
AREA PUBLIC WORKS AGENCIES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND,
WHEREAS, certain public works agencies within Polk, Boone, Dallas, Jasper, Madison, Marion,
Marshall, Story and Warren Counties desire to provide mutual assistance to one another in time of
need; AND,
WHEREAS, a 28E agreement is proposed between the participating entities in order to set forth the
conditions pertaining to mutual assistance in public works services; AND,
WHEREAS, the Waukee City Attorney has reviewed the proposed agreement and finds it satisfactory.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of
Waukee hereby approves a 28E Agreement for Mutual Assistance for Polk County Public Works
Agencies.
Passed by the City Council of the City of Waukee, Iowa, and approved the 21st day of February, 2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
28E AGREEMENT FOR MUTUAL ASSISTANCE
For Polk County Area Public Works Agencies
WHEREAS, the undersigned entities (“Party” or collectively “Parties”) provide infrastructure services in
Polk County and/or the adjoining counties of Boone County, Dallas County, Jasper County, Madison
County, Marion County, Marshall County, Story County, and Warren County (“adjoining counties”); and
WHEREAS, there has been a longstanding Mutual Aid Agreement among Polk County police, fire/rescue,
and emergency medical services and/or other entities to provide mutual aid in Polk County
WHEREAS, the Parties have a desire to include emergency infrastructure services in similar framework of
assistance; and
WHEREAS, the Parties have a desire to assist each other in time of need; and
WHEREAS, the Parties each maintain adequate Public Works equipment and personnel to offer normal
infrastructure services within their respective jurisdictions; and
WHEREAS, situations may arise in regard to emergencies or circumstances which exhaust available
personnel, equipment, or facilities, or require additional or specialty personnel or additional and/or
special equipment or facilities that the responsible jurisdiction may not have available at any given time;
and
WHEREAS, to combat such emergency situations, it is desirable for the Parties to render needed
emergency infrastructure services upon a reciprocal basis; and
WHEREAS, the governing bodies of each party are desirous of entering into this 28E Agreement
(“Agreement”), the purpose of which is to provide for the Public Works agency of one entity to the other
in such emergency or needed situations requiring additional, special personnel, and/or equipment and
facilities.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
I. Incorporation of Recitals
The foregoing Recitals are incorporated herein as if full set forth in this paragraph.
II. Definitions
a. Mutual Aid. The assistance of Public Works personnel and equipment provided by on Party
(“Providing Entity”) and requested by the other Party (“Requesting Entity”) to this
Agreement.
b. Incident Commander. The person who, by virtue of his/her position with the Requesting
Entity, is responsible for the overall command and direction of the emergency response
activities.
c. Emergency. Any situation where a Party, due to lack of personnel or training, special
equipment or facility needs, or magnitude of event, and based upon actual circumstances,
concludes that assistance is needed to protect life, stabilize the incident, and/or protect
property within its jurisdiction.
III. Purpose
This agreement is made pursuant to Chapter 28E, Code of Iowa. The purpose of this Agreement
is to provide for Mutual Aid in case of an Emergency arising within the jurisdiction of the Parties
to this Agreement.
IV. Request for Assistance
All requests for Mutual Aid in an Emergency shall be made by a Public Works Director or
designee of the Requesting Entity. Such requests shall state the exact nature of the Emergency
and shall include the amount and type of equipment or facility and the number and skills of
personnel required, and shall specify the location where the personnel and equipment are
needed. The final decision of type and amount of equipment or facility and number of
personnel to be provided by the Providing Entity to the Requesting Entity shall be at the sole
discretion of the Providing Entity. Further, the Providing Entity shall be held harmless by the
Requesting Entity from liability in connection with its final decision on type and amount of
equipment or facilities and number of personnel to be provided to the Requesting Entity.
V. Authority Over Joint Operations
The Incident Commander of the Requesting Entity shall retain overall control of all Emergency
response activities. The ranking supervisor of the Providing Entity shall remain in command of
his/her personnel and equipment or facility subject, however, to the direction and control of the
Incident Commander.
VI. Liability
Employees or volunteers of either Party acting pursuant to this Agreement shall be considered
as acting under the lawful orders and instructions pertaining to their employment or volunteer
status with such Party. Under no circumstances are employees or volunteers of one Party to be
considered employees or volunteers of the other Party.
Each Party waives all claims against the other for compensation for any property loss or damage
and/or personal injury or death to its personnel as consequence of the performance of this
Agreement. Each Party shall bear the liability and/or costs of damage to its equipment and
facilities, and the compensation of its employees or volunteers, including injury and death of its
personnel, occurring as a consequence of the performance of this Agreement, whether the
damages, costs, injury, or death occurs at an Emergency in the Party’s own jurisdiction of the
other Party. Nothing in this Agreement is intended nor does it waive any right to seek federal or
other assistance provided for disaster relief.
Except as provided herein, each Party shall be responsible for the acts or omissions of its own
employees, and shall indemnify, defend, and hold harmless the Other Party, its officers, agents,
and employees from and against any and all suits, actions, debts, damages, costs, charges, and
expenses, including court costs and attorney’s fees arising from loss of or damage to private
property, and/or the death of or injury to private persons, arising from services of response
rendered pursuant to this Agreement. Provided, however, the Requesting Entity shall
indemnify, defend, and hold harmless the Providing Entity where any suits, actions, debts,
damages, costs, charges, or expenses arise from execution of a specific command or order
pursuant to paragraph V of this Agreement.
Nothing in this Agreement shall prevent or limit either Party to this Agreement from recovering
or attempting to recover costs of services rendered to a third party where such recovery of costs
is provided for by law.
The Parties to this Agreement do not waive any defenses, immunities, or other limitations
applicable to a respective party and nothing herein shall be so construed. Each Party to this
Agreement reserves the right to fully defend all claims arising from loss of or damage to private
property and/or death of or injury to private persons who are not parties to this Agreement
including, but not limited to asserting defenses of immunities available under applicable law.
This article shall survive the termination of this Agreement where necessary to protect each
Party to this Agreement.
VII. Compensation
Emergency Services. For Emergency Services, no Party shall be required to reimburse any other
Party for the cost of providing the services set forth in this Agreement, unless the incident last
12 hours or longer. If an incident lasts 12 hours or longer, the Providing Entity may seek
compensation from the Requesting Entity for the cost of providing the services set forth in this
Agreement.
All services are billable if the incident lasts a minimum of 12 consecutive hours.
Services include, but are not limited to:
i. Personnel (including backfill personnel)
ii. Equipment and facilities (at rates defined by FEMA)
iii. Supplies (actual cost incurred, including shipping of replacement supplies)
Documentation is required in the form of an incident report which clearly lists personnel,
equipment, facilities, and supplies used. Supply usage also requires an actual invoice copy.
VIII. No Separate Entity Created ‐ Administration
It is the intent of the Parties not to create a separate legal entity or administrative agency under this
agreement. The City of Des Moines shall act as the initial Administrator of this undertaking for the
purpose of:
a. Receipt of new members to the Agreement.
b. Maintaining a current list of signatory parties and representatives.
c. Circulating annually a list of all parties and Representatives to all signatory parties.
d. Arranging for amendments to Agreement as may be necessary.
The party acting as Agreement Coordinator may transfer these responsibilities to another party
with the consent of that party and upon notification of the other parties to the Agreement.
IX. All signatory parties agree that any other qualified public agency or quasi-public agency may become
a party to this Agreement by executing a duplicate copy of this agreement and sending same to the
Agreement Coordinator, initially the City of Des Moines, addressed as follows:
City of Des Moines Department of Public Works
400 Robert D. Ray Drive
Des Moines, IA 50309
Attention: Public Works Director
X. Termination
This agreement may be terminated with respect to that Party for any reason by any Party by
giving written notice, by certified mail to the Public Works Director of the City of Des Moines.
This Agreement shall thereafter terminate, with respect to that Party only, sixty (60) days from
the date of receipt of termination notice. Upon termination, said terminating Party shall have
no further responsibility or obligation or benefits from the other Parties to the Agreement,
except as provided herein.
XI. Effective Date
XII. Amendments
This agreement represents the entire Agreement of the Parties. Any amendments must be in
writing, approved by the governing bodies of all Parties, and executed by the authorized
representatives of all Parties. Any and all amendments must comply with the provisions of Iowa
Code 28E.8. Any and all such requirements shall be done by the then presiding Public Works
Director of the City of Des Moines or the Director’s designee.
XIII. Validity
In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa
law, the remaining portions of the Agreement that are valid shall continue in full force and
effect.
XIV. No Real or Personal Property
No real or personal property will be acquired, held, or disposed of during this undertaking as no
separate entity has been created.
XV. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
Iowa (excluding conflict of laws rules), and applicable federal law.
XVI. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all such counterparts shall together constitute but one and the same
instrument.