Loading...
HomeMy WebLinkAbout2017-06-05-J01S Polk Co PW 28E Agr RevisedNO Waukee `F& P 114E KEY 10 GOOD LMNG AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 5, 2017 AGENDA ITEM: Consideration of approval of a resolution approving 28E Agreement for Mutual Assistance for Polk County Area Public Works Agencies (Revised) FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: This agreement between the counties of Boone, Dallas, Jasper, Madison, Marion, Marshall, Polk, Story and Warren and the Cities within the Counties for police, fire/rescue, and emergency medical services to provide mutual aid in times of emergency. The Counties have recently added the Public Works emergency infrastructure services in similar framework of assistance for those counties and cities with Public Works departments which are located in the general vicinity of Polk County. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: There is not a fiscal impact the agreement benefits all parties mentioned in the document. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the consent agenda. ATTACHMENTS: I. 28E Agreement for Public Works Mutual Assistance PREPARED BY: Beth Richardson/Rudy Koester qw- REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING A 28E AGREEMENT FOR MUTUAL ASSISTANCE FOR POLK COUNTY AREA PUBLIC WORKS AGENCIES (REVISED) IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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, on February 21, 2017, the Waukee City Council approved a 28E agreement between the participating entities in order to set forth the conditions pertaining to mutual assistance in public works services (Resolution #17-111); AND, WHEREAS, following review by City of Des Moines legal counsel, the 28E agreement has been revised; AND, WHEREAS, the Waukee City Attorney has reviewed the proposed agreement revision 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 (Revised). Passed by the City Council of the City of Waukee, Iowa, and approved the 5`" day of June, 2017. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon William F. Peard, Mayor AYE NAY ABSENT ABSTAIN 28E AGREEMENT FOR PUBLIC WORKS MUTUAL ASSISTANCE For the Counties of Boone, Dallas, Jasper, Madison, Marion, Marshall, Polk, Story and Warren and Cities Within Such Counties WHEREAS, the undersigned entities provide Public Works infrastructure services in the counties of Boone, Dallas, Jasper, Madison, Marion, Marshall, Polk, Story and Warren("the Counties") and the Cities within the Counties ("Cities") (collectively "the Parties" or "Party"); and WHEREAS, there has been a longstanding Mutual Aid Agreement among Polk County and cities within Polk County for police, fire/rescue, and emergency medical services to provide mutual aid in times of emergency; and WHEREAS, the Parties have a desire to include Public Works emergency infrastructure services in a similar framework of assistance for those counties and cities with Public Works departments which are located in the general vicinity of Polk County; and WHEREAS, the Parties have a desire to assist each other in time of such 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 where assistance is need to protect life, stabilize the incident and/or protect property within the jurisdiction of a Party ("Emergency"); 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 additional or special Public Works personnel, and/or equipment and/or facilities of one Party to another Party in such Emergency situations ("Emergency Infrastructure Services"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Incorporation of Recitals The foregoing Recitals are incorporated herein as if full set forth in this paragraph. Definitions a. Mutual Aid. The assistance of Emergency Infrastructure Services provided by the Public Works personnel and/or equipment and/or facilities provided by one 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 Mutual Aid response activities. III. Purpose This Agreement is made pursuant to Chapter 28E, Code of Iowa. The purpose of this Agreement is to provide for Emergency Infrastructure Services to the Counties and Cities in Emergency situations arising within the jurisdiction of the Parties to this Agreement as described in this Agreement. IV. Request for Mutual Aid 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, or to decide not to provide any Emergency Infrastructure Services, 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 not providing Emergency Infrastructure Services and as to the type and amount of equipment, facilities or 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 Mutual Aid 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 any 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 or in the 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. Neither the Requesting Entity or the Providing Entity shall, by reason of this Agreement, be obligated to defend, hold harmless or indemnify the other from any liability to third -parties; from and against any liability, loss, damage, claim or lawsuit asserted against them or any of them arising out of or in any way connected with this Agreement. 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 any 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. Both the Requesting Entity and the Providing Entity agree to provide adequate self-insurance and/or to obtain and maintain in continuous effect during the term of this Agreement and while any of their respective obligations under this Agreement remain unsatisfied, liability and workers' compensation insurance coverage. VIII. Compensation Emergency Services. For Emergency Infrastructure 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 Emergency incident lasts 12 hours or longer. If an Emergency incident lasts 12 consecutive hours or longer from the time of deployment, the Providing Entity may seek and receive compensation from the Requesting Entity for the cost of providing the services set forth in this Agreement. All Emergency Infrastructure Services are billable and the Requesting Entity agrees to reimburse the Providing Entity for its actual reasonable costs and at the Providing Entity's then current rates for such services if the Emergency 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. IX. No Separate Entity Created — Property - Administration No separate legal or administrative entity is created by this Agreement. No real or personal property will be purchased, held or disposed of in the performance of this Agreement. The City of Des Moines shall act as the Administrator of this Agreement for the purpose of: a. Maintaining a current list of signatory parties and representatives. Circulating annually a list of all Parties and Public Works Director or designee for all signatory Parties. c. Filing each addition of a new Party, termination of a Party, and amendments of this Agreement with the Secretary of State. The Party acting as the Administrator may transfer these responsibilities to another Party with the consent of that Party and upon notification of the other Parties to the Agreement. X. All Parties agree that the Counties and the Cities may become a party to this Agreement by executing a duplicate copy of this Agreement and sending same to the Administrator, 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 XI. Term and Termination This Agreement shall be in effect for a term of ten (10) years. Any Party may terminate this Agreement with respect to that Party for any reason by any Party by giving written notice, by certified mail, to the Administrator. 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. XII. Effective Date The Parties shall approve this Agreement by resolution or motion of their respective Board or Council, which shall authorize the execution of the Agreement. All executions, terminations, and amendments of this Agreement will be filed in the office of the Iowa Secretary of State, in accordance with Chapter 28E.8 of the Code of Iowa. This Agreement and amendments thereto shall become effective when filed in the office of the Iowa Secretary of State and shall remain in effect unless terminated as provided herein. XIII. 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 XIV. 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. 0 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. EXECUTION OF AGREEMENT IN WITNESS THEREOF, the City of Waukee has caused this Agreement to be executed in three (3) separate counterparts, each of which shall be considered an original. Executed by the City of Des Moines, Iowa day of 2017 CITY OF WAUKEE, IOWA ATTEST: William F. Peard, Mayor Rebecca Schuett, City Clerk Approved As To Form: Steven Brick, City Attorney STATE OF IOWA) ) ss: COUNTY OF Dallas ) On this day of 2017 before me, a Notary Public in and for said County, personally appeared William F. Peard and Rebecca Schuett to me personally known, and who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Waukee, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council, as contained in the Resolution adopted under Roll Call No. 17 _,and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public for Iowa