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Iowa Mutual Aid Compact IMAC D~ ~ck~ 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 ~ q-~o 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 , ' \ voi cJ\ ("\.A'\) CìV/)V¡ , j\"""cJI) ~\lJ"1 DIY", ,V"" J..., \L.J 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 8: 2 ..-- - =~ 3 4 s 12 o~~- s ..... ...m= - ....... s 4 4 6 2 -- mw-,"-~ 8 2 s 7 7 3 s 3 2 _"0- E"-,"-" 6 10 n 9 1 8 3 ~ --- s -- D WAC C"Rri.. D C""y # ",...hror COin/Othor About Homeland Seru"'v & EmergencY Management Homeland Security In Iowa & County Emergency I"'st Homela"d Seeo"tv Trd"""" Oppnrtun,tles D'sdster Info Resource Room News Room Meetings Grant Info Home f, " 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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. 2003 Iowa Code CD-ROM 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 2003 Iowa Code CD-ROM 2 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 2003 Iowa Code CD-ROM 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 2003 Iowa Code CD-ROM 4 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. 2003 Iowa Code CD-ROM 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 2003 Iowa Code CD-ROM 6