HomeMy WebLinkAboutRESOLUTION NO. 2004-10 RESOLUTION NO. 200440
_.. .. ............. ... ...... ...... ........ . .......... . ........... ...... ..:......
A RESOLUTION APPROVING AND ADOPTING
THE IOWA MUTUAL AID COMACT {IMAC)
WHEREAS, emergencies and disasters transcend juu-isdictional 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, approvedby the Second__Session--of_th_e_-79th_ General---
Assembly
eneral_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;
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Fairfax,
Iowa, 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.
AND BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa that the Mayor
and the Deputy Clerk are hereby authorized and directed to execute said Resolution.
]Passed and adopted this 13"' day of April, 2004.
AYES: Beer, Frieden, Scott, Glick, Wainwright
NAYS: None
ABSENT: None
ATTEST:
Nancy Flickin r, Deputy Clerk
NEW SECTION.
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 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 connpact. 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 M
PARTICIPATING GOVERNMENT RESPONSIBILITIES
I. It shall be the responsibility of each participating government to formulate procedural
plans and programs for intrastate cooperation in the performance of the-responsibilities
Page 1 of 5
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 wit Ti 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 Iength 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 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.
Page 2 of 5
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 cornpact 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
Page 3 of 5
shall not be limited to, provisions for evacuation and reception of injured and other persons
and the exchange of medical,fire,police,public utility,reconnaissance, welfare,
transportation and communications personnel, and equipment and supplies.
ARTICLE VIII
WORKERS'COMPENS TI N
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 wrt t e
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 goverment 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 indifferent 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
goverment from which the evacuees come shall mutually agree as to reimbursement of out-
of-pocket
ut-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
This compact shall become operative immediately upon its adaption by ordinance or
resolution by the governing bodies of any two political subdivisions.Thereafter, this
Page 4 of 5
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. 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 nianagerrient 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. 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.
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-pe sons and circumstances shall not e affected.
Sec. 56. EFFECTIVE DATE'..This division of this Act,being deemed of immediate
importance,takes effect upon enactment.
Page 5 of 5
Iowa Mutual Aid Compact (IMAC)
Authorized and Designated Individuals Form
Desi hated Contacts:
Those personnel authorized in the political subdivision to coordinate
resources and personnel 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,.)
Primar
Name: Mike Sankot Title: Fire Chief
Phone. 319-981-5536 Fax: 319-846-3480
Email:
Mail Address: 225 — 51h Avenue West
City: Walford ZIP: 52351
Seconds
Name: Ron Dusil Title: Public Works
Phone: 319-846-2204 Fax: 319-846-3480
Email:
Mail Address: 525 Vanderbilt St., PCI Box 337
City: Fairfax ZIP: 52228
Tertiar
Name: Dick Ransom Title: City Engineer
Phone: 319-362-9548 Fax: 319-362-7595
Email: dielceng@halleng.com
Mail Address: 209-29th St. SE
City: Cedar Rapids ZIP: 52402
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.
rimar
Name: Bill Voss Title: Mayor
Phone. 319-846-2204 -- --- -- ----Fax.- -3 19-846-34 80 --
Email:
Mail Address: 525 Vanderbilt St., PO Box 337
City: Fairfax QIP: 52228
Seconda
Name: Marianne Wainwright Title: Mayor Pro-tem
Phone: 319-846-2204 Fax: 319-846-3480
Email:
Mail Address: 525 Vanderbilt St., PO Box 337
City: Fairfax ZIP: 52228
Tertiar
Name: Connie Frame Title: City Clerk
Phone: 319-846-2204 Fax: 319-846-3480
Email:
Mail Address: 525 Vanderbilt St,, PO Box 337
City: Fairfax ZIP: 52228
Fee Amt: $11.00 Page 1 of 1
Revenue Tax: $0.00
Instr# 200400091856
Linn County Iowa
y JOAN MCCALMANT RECORDER
BK 5 1MC0 0 PG431
1
THIS INSTFklMENT PREPARED BY:.Ronald ®, Fdness, 16174
Moyer& Bergman, PLC, 2720 1 st Ave. NE, PO Box 1943, Cedar Rapids, IA 52406-1943, (319) 366-7331
GRANT OF EASEMENT
RE: The East 40 feet of the North 20 feet of the property described below:
A part of Lot 4 of the Irregular Survey of the NE114 of the NW114 of said Section 16 (as recorded in
the County Recorder's office, Linn County, Iowa, on Page 3 irregular Survey Plat Book 4)
described as follows:
Beginning at a point which hies 310.5 feet north and 4.2 feet, S89027'30"W of the S.E. corner of
said Lot 4; said point being on the westerly right-of-way of Iowa Highway#149 and the north line of
112 acre Lot 3 as shown on Page 17 of Irregular Survey Plat(Book 4; thence N3056'00"W, 330..18
feet along said right-of-way to an extension of the north line of Church Street, Town of Fairfax;.
- --
-- -_--thence-N89°36`20"W., 12'5..02-feet-abng-said extension;-thence-SO'1-81 0"-E.1- 331 71 feet —
north line of said 112 acre Lot 3; thence N89°27'30" E., 145.78 feet to the point of beginning.
("the Real Estate").
THIS AGREEMENT is made and entered into by and between the City of Fairfax, Iowa, an Iowa
municipal corporation ("the City`)and Pekomy Post No. 572 of the Iowa Department, American Legion,
an Iowa Nonprofit Corporation ("the Legion")this C�T6—day of March„2004,
WHEREAS, the City holds legal title to the Real Estate, and;
WHEREAS, the Legion desires,and the City is willing to grant to the Legion a revocable
easement across the Real Estate;
NOW, THEREFORE,the City and the Legion agree as follows:
1. In exchange for one dollar and other good and valuable consideration, the sufficiency and .
receipt of which are hereby acknowledged by the City, the City hereby grants and conveys a revocable
easement to the Legion across the Real Estate for the establishment and maintenance of a veterans
memorial sign.
2. This easement may be terminated by the City upon six months written notice delivered by
certified mail to the Legion's registered agent as indicated by the records of the Iowa Secretary of State.
3. Any improvements erected or placed on the Real Estate by the Legion shall be removed) by
the Legion at its sole expense prior to the termination of this easement, without compensation of any kind
from the City or its assigns.
4. The Legion acknowledges that the City owns the Real Estate and disclaims any interest in
and to the Real Estate under the Lease-Business Property between Selzer Enterprises, Inc. and the
Legion.
City of Fairfax, Iowa Pekomy Post No. 572 of the Iowa Department,
Ame can Legion
By ill Voss, Mayor �� i•"� i�IyF',
Byerald tacek, Commande�WAW V�ijkAhU(
By Nan Flickinge , Deputy City Clerk S 1 k t
B ichard . Zenisek, Ad' tan
.y