Iowa Mutual Aid Compact IMAC
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MEMORANDUM
December 28. 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Iowa Mutual Aid Compact (IMAC)
Chief of Police Kim Wadding and Fire Chief Dan Brown recommend City Council
approval of the Iowa Mutual Aid Compact (I MAC). The IMAC is a formal agreement
between government bodies to share resources in times of man-made and natural
disasters. By participating in this agreement, the City of Dubuque strengthens its ability
to recoup associated federal disaster costs, either at home or those sent to neighboring
counties or cities.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
fYl1< UI(AÁL
Micháel C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
Dan Brown, Fire Chief
~~~
~~~
MEMORANDUM
Date: December 28, 2004
To:
Michael C. Van Milligen
City Manager
From: Kim B. Wadding, Police Chief
Dan Brown, Fire Chief
Re:
Iowa Mutual Aid Compact (IMAC)
INTRODUCTION
The purpose of this memorandum is to seek City Council approval of Iowa Mutual Aid
Compact (I MAC). The Iowa Mutual Aid Compact is a formal agreement between
governmental bodies to share resources in the times of man-made and natural
disasters.
BACKGROUND
In April of 2002, Governor Vilsack signed into law the Iowa Mutual Aid Compact (IMAC).
This law allows signatories of a mutual aid agreement to offer assistance to each other
during man-made and natural disasters. Since the law was enacted, 48 Iowa counties
and 228 cities have signed the agreement. Additionally, it is believed future Homeland
Security Grants and future funding will require political subdivisions to be signatories to
the Iowa Mutual Aid Compact.
DISCUSSION
According to the federal law in the Stafford Act "No public assistance reimbursement in
a federally declared disaster under the Stafford Act if there is no existing written mutual
aid agreement". An example would be a request to another political subdivision for the
use of dump trucks and equipment for disaster debris removal or our loaning of the
equipment to the political subdivision that ultimately results in costs of $200,000. As a
participant in the Iowa Mutual Aid Compact, we become eligible to receive federal
reimbursement for those expenses. Our obligation and assistance to another political
subdivision is never required and only occurs if we are able to first provide adequate
protection and coverage for our operations and public safety needs.
By participating in the agreement the City of Dubuque strengthens our ability to recoup
associated federal disaster costs either at home or those sent to neighboring counties
or cities. If no preexisting written mutual aid agreement exists the city may be ultimately
responsible for the expenses.
RECOMMENDATION
In the new day of terrorism coupled with ongoing natural and man-made disasters,
continual cooperation with other governmental entities remains essential in responding
appropriately to these types of incidences with all the necessary and adequate
resources and supplies. For these reasons, we recommend City Council approval of
the Iowa Mutual Aid Compact.
ACTION REQUESTED
Request City Council approval of the Iowa Mutual Aid Compact.
Preparer: Barry A. Lindahl. EsQ. Address: Suite 330 Harbor View Place 300 Main Street
Dubuque IA 52001 Telephone: (563) 583-4113
RESOLUTION NO. 3-05
ADOPTING THE IOWA MUTUAL AID COMPACT (IOWA CODE §29C.22)
Whereas, emergencies and disasters transcend jurisdictional boundaries,
making intergovernmental 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, Iowa Code §29C.22 provides for the Statewide Mutual Aid
Compact; and
Whereas, the Compact allows participating counties, cities and other
political subdivisions to provide in advance for mutual assistance in managing
any emergency or disaster;
Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the
public interest to approve of the Compact, a copy of which is attached hereto and
incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA as follows:
Section 1.
approved; and
The Iowa Mutual Aid Compact attached hereto is hereby
Section 2. The City Manager is hereby designated as the authorized
representative of the City of Dubuque to obligate funds and personnel on behalf
of the City of Dubuque.
Section 3. The City Manager is hereby designated as the contact to
coordinate resources and personnel in response to an Iowa Mutual Aid Compact
request.
Passed, approved and adopted this 3rd
day of January
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F : \ USERS Its t ec k I elL i nd a h "Res 0 I uti 0 ns Ilowa M ulua IAi dCom pacU 22. doc
IOWA MUTUAL AID COMPACT
(Iowa Code § 29C.22)
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 government 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 11\
PARTICIPATING GOVERNMENT RESPONSIBILITIES
1. 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 carrying 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 natural disaster, technological
hazard, man-made disaster, civil disorders, insurgency, terrorism, or enemy
attack.
b. Review the participating governments' individual emergency plans and
develop a plan that will determine the mechanism for the intrastate management
and provision of assistance concerning 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 loan 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 of the assisting participating
government's response and a point of contact at that location.
3. The authorized representative of a participating government may
initiate a request by contacting the homeland security and emergency
management division of the 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 mutual 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 government. Each
participating government shall afford to the emergency forces of any other
participating government, 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 command 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 government 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 government 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 VII\
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 of the 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 of
facilities 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 of the 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 I. 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.
Th:;~~E
~~~
MEMORANDUM
DATE:
December 21,2004
FROM:
Barry Lindahl, Corporation Attorney
Kim B. Wadding, Police Chief ~
Disaster Services - Iowa Mutual Aid Compact (IMAC)
TO:
RE:
Tom Berger from Emergency Management is seeking approval of the Iowa Mutual Aid
Compact (IMAC) from the various City Councils and the Board of Supervisors in
Dubuque County. In April of 2002, Governor Vii sack signed into law the Iowa Mutual
Aid Compact (IMAC). This law allows signatories of a mutual aid agreement to offer
assistance to each other during man-made and natural disasters. Since the law was
enacted, 48 Iowa counties and 228 cities have signed the agreement. Additionally, it is
believed future Homeland Security Grants and future funding will require political
subdivisions to be signatories to the Iowa Mutual Aid Compact.
According to the federal law in the Stafford Act "No public assistance reimbursement in
a federally declared disaster under the Stafford Act if there is no existing written mutual
aid agreement". As a participant in the Iowa Mutual Aid Compact, the City of Dubuque
becomes eligible to receive federal reimbursement for those expenses. Our obligation
and assistance to another political subdivision is never required and only occurs if we
are able to first provide adequate protection and coverage for our operations and public
safety needs.
By participating in the agreement the City of Dubuque strengthens its ability to recoup
associated federal disaster costs either at home or those sent to neighboring counties
or cities. If no preexisting written mutual aid agreement exists the city may be ultimately
responsible for the expenses.
I have attached a copy of the statewide mutual aid compact and a sample resolution.
To join the IMAC agreement a resolution has to be passed by the City Council. Would
you please review the mutual aid compact along with the sample resolution in
consideration of joining the IMAC agreement. Thanks.
- Iowa Mutual Aid Compact (IMAC) -
Authorized and Designated Individuals Form
!Authorized Representatives:!
Those personnel authorized in the political subdivision to obligate funds and personnel on
behalf of the political subdivision. Note: These personnel will be signing the
authorization lines on the REQ-A contracts.
Jprimal11
Name
Title
Phone (
)
Fax (
Email
Mail Address
City
ZIP
Name
ISecondaryj
Title
Phone (
Fax (
Email
Mail Address
City
ZIP
~ertiaryj
Name
Title
Phone (
Fax (
Email
Mail Address
City
ZIP
12/2012004
10f2
- Iowa Mutual Aid Compact (IMAC) -
Authorized and Designated Individuals Form
Ioesig:nated Contacts:!
Those personnel authorized in the political subdivision to coordinate resources and
personnel in response to an IMAC request. Note: These personnel are not authorized to
obligate personnel or funds on behalf of the political subdivision and will not be
authorized to sign a REQ-A. Telephone numbers for these contacts should be 24/7 (i.e.
communications centers, pagers, cell phones, etc.)
[primaryj
Name:
Thomas I. Berger
Title: Dub Co EMA Coordinator
Phone ( 563 ) 589 - 4170
Fax ( 563)
589 - 4208
Email:
dbqema@mwci.net
Mail Address
11 West Ninth Street
City
Dubuque
ZIP
52001-4839
~econdaryj
Name
Title
Phone (
)
Fax (
)
Email
Mail Address
City
ZIP
rrertiaryj
Name
Title
Phone (
)
Fax (
)
Email
Mail Address
City
ZIP
12/20/2004
2 of2
This resolution is intended to serve only as a model Before adopting this resolution, the
city attorney should carefully review the provisions and requirements of Code of Iowa
29C.22.
RESOLUTION #
WHEREAS, emergencies and disasters transcend jurisdictional boundaries, making
intergovernmental 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 of the 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;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
that in order to maximize the prompt, full and effective use of
resources of all participating governments 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.
Mayor
Date:
ATIEST:
City Clerk
Date:
Dubuque County Emergency Management Commission
Governmental Organizations signed on to IMAC
Jurisdiction Status Date
Dubuque County Signed IMAC 9/7/2004
City of Asbury Signed IMAC 10/12/2004
City of Balltown Signed IMAC 912312004
City of Bankston Conversation - will sign
City of Bernard No Conversation
City of Cascade Signed IMAC 9/15/2004
City of Centralia Signed IMAC 10/13/2004
City of Dubuque Meeting on 11-2-2004
City of Durango No Conversation
City of Dyersville Conversation - will sign
City of Epworth Signed IMAC 10/12/2004
City of Farley Conversation - will sign
City of Graf Conversation - will sign
City of Holy Cross Signed IMAC 10/512004
City of Luxemburg Conversation - will sign
City of New Vienna Signed IMAC 10/4/2004
City of Peosta Conversation - will sign
City of Rickardsville Signed IMAC 10/6/2004
City of Sageville No Conversation
City of Sherrill Conversation - will sign
City of Worthington Conversation - will sign
City of Zwingle No Conversation
Dubuque Community Schools Conversation - waiting City of Dubuque
Western Dubuque County Signed IMAC 10/12/2004
As of 11-03-2004
~ /I /3/0[1
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Dubuque County Emergency Management Agency
11 West Ninth Street. Dubuque, IA 52001-4839
Phone (563) 589-4170 . Fax (563) 589-4208 "" ~"w\-l'
E-Mail: dbqema@mwci.net ¡v
Thomas I. Berger, Director
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Date:
September 7th, 2004
To:
Cities within Dubuque County
From:
Thomas I. Berger, Emergency Management Director
Subject:
Iowa Mutual Aid Compact (IMAC)
In April 01'2002, Governor Vilsack signed into law the Iowa Mutual Aid Compact (IMAC).
This law allows signatories of a mutual aid agreement to offer assistance to each other during
man made and natural disasters. Since the time the law was enacted, over 45 counties and 207
cities have signed on to the agreement. I have started an initiative to have our political
subdivisions within Dubuque County to also sign on to the agreement. The agreement is not
required at this time and it is only voluntary. There have been informal conversations that in the
future Homeland Security Grants and future funding will require our political subdivisions to be
signatories to IMAc. I believe this agreement will help Dubuque County and communities
respond and mitigate disasters that are affecting our jurisdiction. When other jurisdictions
request assistance, we may assist and send resources as long as we are covered here for our
operations and public safety issues.
One issue IMAC does address is the use of mutual aid during a disaster that would eventually
become a federal presidential declared disaster. According to the federal law in the Stafford Act
"No public assistance reimbursement in a federally declared disaster under the StatIord Act if
there is not an existing written mutual aid agreement." An example of this would be if your city
borrowed several dump trucks and equipment for work under the public assistance side of the
disaster for debris removal and ran up a $200,000 bill for equipment. If there were not
preexisting written mutual aid agreements there is no provision for reimbursement from the
federal government and the city may be responsible for the bill.
I have attached a copy of the map dated August 2, 2004 showing all of the counties that are
cUITently signatories to IMAC, some frequently asked questions about IMAC, a sample
resolution that is needed by your city, a handout of the power point presentation and a copy of
Iowa Code - Chapter 29C, Section 22 that deals with !MAc.
[1' your city should need further clarification or information, I would be interested in scheduling a
work session with you if you desire. Craig Estep, from the Iowa Homeland Security and
Emergency Management Division has also otIered to meet with our entities in Dubuque County
to do a presentation. You can always contact me at the office at 563-589-4 I 70 or on my cell
phone at 563-543-4170.
Additional infonnation can be obtained from the state website: www.iowahomelandsecuritv.org.
On the top of the homepage there is a section for IMAC. You can look up additional infonnation
and print out ditIerent fonns from the website.
In our new day of terrorism and man made disasters, as well as our nonnal natural disasters, I
would detìnitely encourage you to sign on as a signatory to IMAC. Thank you for your
consideration on this matter.
Sincerely,
~~./ Yhr-
Thomas I. Berger, Director
Dubuque County Emergency Management Agency
-t,
Current IMA C Signatories
September 1,2004
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About Homeland
Seru"'v &
EmergencY
Management
Homeland
Security In Iowa
&
County
Emergency
I"'st
Homela"d
Seeo"tv Trd""""
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D'sdster Info
Resource Room
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Tuesdav,
IMAC Frequently Asked Questions
How do I become a member of IMAC?
By ordinance or resolution of the local political subdivision. The Iowa
State Association of Counties and the Iowa League of Cities legal
counsel have drawn up model resolutions that are available as a
reference. Copies of model resolutions may be obtained by contacting
the Iowa Homeland Security and Emergency Management Divisions
website.
How much does it cost to belong to IMAC?
There is no initial outlay costs to belong to IMAc. The legislation charges
the state with the responsibility of facilitating the program management
portion of the compact. There will of course be the costs of internally
managing the programs in the political jurisdictions, and the costs
associated with passing the local ordinance or resolution.
Why should we have to join IMAC if we already have 28E
agreements?
The IMAC legislation does not supercede or replace any other
agreements political subdivisions may already have in place. It is
however a very clean and efficient way to utilize mutual aid in a
declared event, and may cover issues not formerly addressed in other
agreements such as tort, liability, costs, etc.
When are we required to have IMAC passed in our jurisdiction?
First of all you are not required to adopt IMAC because the legislation is
enabling and not a mandate. This puts the local political subdivision in
total control of whether or not to utilize IMAc. We do encourage you
however to utilize all available means of effective and efficient
assistance in times of natural and man made disasters, and IMAC may
be the vehicle you can use to enhance your current response
capabilities.
What if we have several people controlling a particular asset in
our jurisdiction?
In the case of shared resources already, you will want to consult with
your local political subdivisions legal counsel. The local political
subdivisions legal counsel should be able to make the determination
depending on the wording of the cooperative agreement, and the actual
ownership and responsibility of the items in question.
I hear mention of the term political subdivisions. What is a
political subdivision?
http://www.iowahomelandsecurity.org/aspIIMAC/faqs.asp
9/7/2004
This resolution is intended to serve only as a model. Before adopting this resolution, the
city attorney should carefully review the provisions and requirements of Code of Iowa
29c.22.
RESOLUTION #
WHEREAS, emergencies and disasters transcend jurisdictional boundaries, making
intergovernmental 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 of the 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;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
that in order to maximize the prompt, full and effective use of
resources of all participating governments 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.
Mayor
Date:
AlTEST:
City Clerk
Date:
Iowa Mutual Aid Compact
(IMAC) Overview
The Leglslatlon...29C.22
- Enabling
- NOT A STATE MANDATE
- Can be adopted by local resolution or
ordinance
- Sponsored by EMD for local jurisdictions
- Similar to the Emergency Management
Assistance Compact (EMAC) - 29C.21
-------
Mutual Aid Compact (IMAC)
Specific Provisions
Article I - Purpose & Authorities
- Use by "particIpating governments"
"Cities
~Counties
~Townships
"Other Political Subdivisions
- Provides for Mutual Assistance between
participants
- Use during disasters & during exercises
Iowa Mutual Aid Compact
(!MAC) Overview
The Purpose:
- Address major or specific disasters
- Optimize resources
- Provide a comprehensive approach
- Facilitate efficient operational procedures
- Save lives and protect property
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Iowa Mutual Aid Compact
(IMAC) Overview
The Legislation...
- Does not need to impact or replace
existing agreements
- Does not alter operations of local
jurisdictions
-Implemented jurisdiction to jurisdiction or
through EMD
------.-
Mutual Aid Compact (IMAC)
Specific Provisions
Article II - General Implementation
- Disaslers transcend political boundaries
- Disasters may require resources beyond
local capabilities
- Designed to provide prompt. full. &
effective use of resources
- Coordinaled through local emergency
management
Mutual Aid Compact (IMAC)
Specific Provisions
Article III-Participant Responsibilities
- Write implementing SOPs
- Designate Authorized Representative(s)
- Authorized Representatives may request
assistauce
- Authorized Representatives may respond to
requests for assistance
- Authorized Representatives may initiate requests
through EMD
- Frequent consultation & coordi..ation between
reps
-------
Mutual Aid Compact (IMAC)
Specific Provisions
Article V - Licenses & Permits
- Licenses & permils are reciprocal
- Subject to limits & conditions set by the
Governor
-------
Mutual Aid Compact (IMAC)
Specific Provisions
VII - Supplementary Agreemen1s
- Compact contains broad alements common to
all political subdivisions
- Supplamental agraements are allowed,
including but not limfted to:
" Evocu.ti-. ~epti-
" MadI,,1
"FI~
" Po""
" Pub'" ua,,1y
"C~munl"._.. m.
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a Mutual Aid Compact (lMAC)
Specific Provisions
Article IV - Limitations
- Only activated by emergency declaration
by governor or competent local authority
- Participaling governmenl may withhold
resources to ensure reasonable protection
at home
- Provide same powers (except arrest) for
forces used by participating jurisdictions
---.----
a Mutual Aid Compact (IMAC)
Specific Provisions
Article VI - Liability
- Officers or employees rendering aid are
considered agents of the requesling
jurisdiction for tort liability & immunity
purposes
- Those rendering aid shall not be liable for
any act or omission made in good failh
- Good faith does NOT include wilWul
misconduct, gross negligence. or
recklessness
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a Mutual Aid Compact (IMAC)
Specific Provisions
Article VIII - Workers' Compensation
- Each participating governmenl shall
provide workers' compensation for its
employees working in another jurisdiction,
just as if Ihey were working al home.
--.-----
2
Mutual Aid Compact (IMAC)
Specific Provisions
Article IX - Reimbursement
- The participating government rendering aid
is entitled to reimbursement for the
expense 01 running equipment or providing
any service in answering a request lor aid -
and lor any damage or loss (Except Art. VIII)
- Equipmenl and services can be donated
and reimbursement can be waived, or
- Supplementary agreements may set other
rates or means 01 compensation
Mutual Aid Compact (IMAC)
Specific Provisions
Article XI - Implementation
- Effective upon adoption by ordinance or resolution
by the goveming body of any two political
subdivisions & thereafter by adoptio.. by any other
pol"ical subdivision
- Authenticated copies of compact & supplementary
agreements shall be filed with EMO
- Parucipant ca.. withdraw by ordinance or
resolution & 30 days notice i.. writing 10 EMO
- EMO shall notify other parucipants
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Mutual Aid Compact (IMAC)
Getting Started
Coordinate with your County
Emergency Management Coordinator
(they have the expertise when working
in Ihis area)
Become Signalories by passing an
ordinance or resolution (samples
available on web site)
Send Authenticated Documentation to
the Iowa Homeland Securily and
Emergency Manage~~~~~_-
Mutual Aid Compact (IMAC)
Specific Provisions
Article X - Evacuation
- Requires special planning lor handling
evacuees. to include plans lor:
~Iransportation of evacuees
~provisions fOf food, clothing, housing & medical
care
~notification of relatives or friends
~retum of evacuees
~how costs will be reimbuiôed
Mutual Aid Compact (IMAC)
Specific Provisions
Article Xii - Validity
-II any provision 01 this compact is declared
unconstitulional, or is held to be invalid, the
remainder 01 the compact shall not be
affected
-'---'---
Mutual Aid Compact (IMAC)
Getting Started
Designate an "Authorized
Representative" (One who can obligate
funds and personnel)
Designate a "Designated Contact"
(Point of Contact with 24 hour
availability by pager. phone, fax, etc.)
Submit Authorized and Designated
Conlacls 10 Ihe Iowa Homeland Security
and Emergency Ma~a~~:~~~~
3
Mutual Aid Compact (IMAC)
Getting Started
Training will be made available to
signatories or as political subdivisions
come on board and needs dictate.
Remember the County Coordinator for
your county needs to remain informed
as to your stalus as a signatory, and
anytime you utilize IMAC.
---.-.---
Mutual Aid Compact (IMAC)
Future Vision
REQ-A's with signatures
Based Forms and Information for
Operations from any location
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Mutual Aid Compact (IMAC)
Getting Started
Remember the Iowa Homeland Security
and Emergency Management Division
is here to help facilitate IMAC, and is to
maintain a record of IMAC information.
Therefore copies of resolutions, contact
personnel, and executed IMAC REQ-A
missions need to be forwarded into the
division as soon as feasible.
-~--_._--,-
Our Web sile at:
.stale.ia.us/emer enc mana emenU
Of
Craig Estep
craig.estep@hlsem.stale.ia.us
Iowa Homeland Security and
Emergency Management Division
Hoover State Office Building
Des Moines, Iowa 50319
(515) 281-3231
4
29c.22 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 fonn:
ARTICLE I
PURPOSE AND AUTHORJTIES
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 tenn
"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 trom 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 perfonnance 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 government 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 fonnulation of the
appropriate intrastate mutual aid plans and procedures necessary to implement this compact.
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ARTICLE III
PARTICIPATfNG 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 carrying 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
natural disaster, technological hazard, man-made disaster, civil disorders, insurgency, terrorism,
or enemy attack.
b. Review the participating governments' individual emergency plans and develop a plan that
will determine the mechanism for the intrastate management and provision of assistance
concerning 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 loan 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 amOlmt 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 of the assisting participating government's response
and a point of contact at that location.
3. The authorized representative of a participating government may initiate a request by
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contacting the emergency management division of the 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 mutual 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 tree 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 government. Each participating government
shall afford to the emergency forces of any other participating government, 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
command 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 government 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 government 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
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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 Vll
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 VII!
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 JX
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
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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 of the participating government trom 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 of facilities for the notification of relatives or triends, 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
I. 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 of the
withdrawal to the administrator of the emergency management division who shall notifY all other
participating governments. The action shall not relieve the withdrawing political subdivision
trom 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
emergency management division who shall notifY all participating governments and other
appropriate agencies of state government.
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ARTICLE XII
VALIDITY
This compact shall be construed to effectuate the purposes stated in article I. 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.
2002 Acts, ch 1117, §55, 56
Nt.\'. ';,'(1l"11
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