HomeMy Public PortalAbout065-2006 Emergency ManagementMUTUAL AID AGREEMENT AMONG
LOCAL GOVERNMENTAL/PUBLIC UNITS
IN WAYNE COUNTY, INDIANA
WHEREAS, the Indiana General Assembly, in Indiana Code 10-14-3, provides for the
Indiana State Emergency Management Agency and local emergency
management departments for political subdivisions of the State for the
purpose of safeguarding the citizens of Indiana from disasters or
emergencies: and
WHEREAS, the Indiana General Assembly, in Indiana Code 10-14-3-7 (b)(6),
authorized and provided for coordination of activities related to disaster
prevention, preparedness, response and recovery; and
WHEREAS, important activities related to disaster prevention, preparedness, response
and recovery needing coordination are use of emergency medical services,
law enforcement, fire, transportation, communications, public works
assistance, building inspection, planning and information assistance, mass
care, resource support, health and other medical services, and search and
rescue; and
WHEREAS, the Indiana General Assembly, in Indiana Code 10-14-3-16, authorized
and provided for the director of each local organization for emergency
management and disaster to assist in negotiation of reciprocal mutual aid
agreements with and between other public and private agencies within this
state for reciprocal emergency management aid and assistance in case of
disaster too great to deal with unassisted; and
WHEREAS, the Indiana General Assembly, in Indiana Code 10-14-3-16, authorized
and provided for the director of each local organization for emergency
management and disaster to carry out arrangements entered into by any
political subdivision or public agency of this State; and
WHEREAS, the signature of the executive officer of any or all of the political
subdivisions and public agencies in Wayne County, Indiana, affixed to this
Mutual Aid Agreement is evidence of that political subdivision's and all of
its supporting agencies/departments participation in this agreement; once
signed, the political subdivision(s) and public agencies and all of its
successive administrators shall abide by this agreement until such time as
a letter of withdrawal is submitted to the Director of the Wayne County
Emergency Management Agency; and
WHEREAS, such signators have offered to make available to one another their
resources to assist one another in the event that the emergency or disaster
has or is believed to occur, and the resources of the requesting political
subdivision or public agency are insufficient to respond to the emergency
or disaster; and
I Contract No. 65-2006
WHEREAS, the undersigned political subdivisions and public agencies desire to enter
into this Agreement for the purpose of providing for mutual support, aid
and assistance in response to a natural or manmade disaster/emergency;
and
WHEREAS, the undersigned political subdivisions and public agencies agree that any
assistance furnished from one party to the other shall not be regarded as
"available assets" of the requesting party for purposes of determining
whether local assets are insufficient to respond to any natural or manmade
emergency or disaster; and
WHEREAS, the undersigned political subdivisions and public agencies agree that any
assistance furnished from one party to another shall not be considered
when a decision is made to declare a local disaster emergency under
Indiana Code 10-14-3-29; and
WHEREAS, the undersigned political subdivisions and public agencies agree that the
authorized official (and his/her assistant as alternate) of each entity that
will provide assistance under this Agreement be accorded the status of
emergency management personnel for purposes of calling into effect the
activation terms and administration of this Agreement across county lines,
so that he or she may be directly contacted for aid; provided however that
such authorized official shall immediately notify the Emergency
Management Director of the County that the services/assets have been
dispatched from and the name of the requesting party.
NOW, THEREFORE, the parties hereby agree as follows:
MUTUAL AID AGREEMENT
THIS AGREEMENT entered into by and among the undersigned political subdivisions,
public agencies and private organizations in Wayne County, Indiana WITNESSETH:
WHEREAS, Indiana Code 10-14-3-7 authorizes political subdivisions, public agencies
and private organizations in this state to enter into mutual aid agreements;
and
WHEREAS, the purpose of this Agreement is to provide each of the parties, through
their mutual cooperation, a predetermined plan by which each might
render aid to the others in case of an emergency which demands
emergency medical services, law enforcement, fire, hazardous materials,
transportation, communications, public works assistance, mass care,
resource support, health and other medical services, and search and rescue
to a degree beyond the existing capabilities of a party; and
WHEREAS, it is deemed in the public interest for the parties hereto to enter into an
Agreement for mutual assistance to provide reserves needed to assure each
party of adequate protection; and
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WHEREAS, the undersigned political subdivisions, public agencies and private
organizations agree to provide available resources through -out Wayne
County for emergency assistance, also agree to the same terms and
conditions with all counties that are included and participating in the State
of Indiana's mutual aid agreement and have comparable signed
agreements within their own county.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereby agree as follows:
1. The parties will respond to calls for but not limited to; emergency medical
assistance, law enforcement, fire, rescue, hazardous materials, transportation,
communications, public works assistance, building inspection, planning and
information assistance, mass care, resource support, health and other medical
services, and search and rescue only upon request for such assistance made by the
authorized official on-duty/on-call of the requesting party. All requests for
emergency assistance should be made only to the authorized official on duty of the
party to which the request is directed (this request and additional information may
be made through a local dispatch center). The first requesting party should as
soon as practicable follow up with a written request for aid.
2. Upon request for aid received as provided for in paragraph (1). The authorized
officer of the responding party will authorize a response as follows:
a. Each of the parties to this Agreement may provide the requested
personnel and equipment in response to the request if available.
b. Each party's response will be determined by the severity of the emergency
in the requesting party's jurisdiction as determined by the authorized
official of the responding party after discussion with the authorized
official of the requesting party.
c. If there is also an emergency in the jurisdiction of the responding party at
the time a request is made, or such emergency occurs under this
Agreement, and the authorized official of the responding party reasonably
determines, after a consideration of the severity of the emergency in
his/her jurisdiction, that the responding party cannot comply with the
requirements under this Agreement without endangering life and/or
incurring significant property damage in his/her jurisdiction, he or she
may choose to use all equipment and personnel in his/her own jurisdiction.
In such case, the authorized official of the responding party shall inform
the authorized official of the requesting party of his/her decision.
In cases where two or more requests for mutual aid assistance are made at
the same time, thereby making compliance with the minimum
requirements of this Agreement impossible for the responding party, the
authorized official of the responding party shall determine, based upon
his/her best professional judgment, how best to respond to requests.
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3. The parties shall utilize the NATIONAL INCIDENT MANAGEMENT SYSTEM
to provide structure for incident management so as to assure efficient use of
resources and the safety of emergency responders and the public.
4. It shall be the responsibility of the responding party to know and communicate the
level of training of responders to the incident commander (IC), and for the Officer
in Charge (OIC) of the responding personnel to advise the IC as to his/her
personnel's level of training. The conduct and actions of responding party
personnel shall be the responsibility of the party sending assistance. This may be
accomplished by the use of the Wayne County Emergency Management
Agency/Department authorized Identification Cards.
5. As required by Indiana Code 10-14-3-18(a), when personnel are sent to another
jurisdiction pursuant to this Agreement, they will retain the jurisdiction, authority,
rights, privileges, and immunities, including any coverage under the Worker's
Compensation Laws, that they have when they are on duty/in service in their
home jurisdiction.
6. The party who requests mutual aid shall in no way be deemed liable or responsible
for the personal property of the members of the responding party which may be
lost, stolen, or damaged while performing their duties under the terms of this
Agreement.
7. The parties agree that the party responding to the request for mutual aid under the
terms of this Agreement shall assume all liability and responsibility for damage to
its own apparatus and/or equipment while en route to or returning from the mutual
aid response location. The responding party shall also assume all liability and
responsibility for any damage caused by its own apparatus and/or negligence of its
personnel while en route to or returning from the mutual aid response location.
8. The party responding under the terms of this Agreement shall assure that its
personnel drive their vehicles while in the territory of the requesting party in
compliance with all appropriate laws and with due regard for safety of all persons
using the highway.
9. The party responding under the terms of this Agreement shall assume no
responsibility or liability for property damaged or destroyed, or bodily injury at
the actual scene of an emergency, or because of any action required due to
responding to or assisting under this Agreement; said liability and responsibility
shall rest solely with the party requesting such aid and within whose boundaries
the property exists or the incident occurs.
10. Pursuant to Indiana Code 10-14-3-18 (b), the political subdivision in which the
requesting party is located shall be responsible for any loss or damage to
equipment used in the response and shall pay any expense incurred in the
operation and maintenance thereof.
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11. The political subdivision in which the requesting party is located shall be
responsible for labor and equipment reimbursement as specified in paragraph 13.
12. The parties agree that, as specified in Indiana Code 10-14-3-18 (b), no claim for
loss, damage, or expense under this Agreement shall be allowed unless, within
sixty (60) days after the same is sustained or incurred, an itemized notice of such
claim under oath is served by mail or otherwise upon the chief fiscal officer of
such political subdivision where the equipment was used. Claims shall be fully
documented in order to obtain reimbursement.
13. The parties agree the value of labor and equipment if reimbursed would be as
follows if authorized prior to deployment:
(1) Labor rates;
a. Straight time for force account labor shall be the normal pay rates for
responding personnel
b. Overtime for force account labor shall be at 1-1/2 times the normal pay
rates for responding personnel if it is the normal practice to pay overtime at
this rate.
(2) Equipment reimbursement rates:
a. Equipment reimbursement rates shall be at the FEMA standard for
equipment reimbursement or the state or local rate, whichever is lowest.
14. The authorized official of the requesting party, shall in all instances be in
command of the overall emergency operations as to strategy, tactics, and overall
directions of the operations. All orders or directions regarding the operations of
the responding party shall be relayed to the authorized official in command of the
responding party or his/her representative.
15. The authorized official in command of the responding party shall retain control
over his/her personnel at the incident scene. Should he/she determine that any
direction given by the authorized official of the requesting party would result in
unsafe conditions for persons under his/her control, the authorized official in
command of the responding party shall have the authority to refuse such direction.
16. A joint board is hereby created consisting of the Executives of each political
jurisdiction or their designated representatives, which joint board shall have the
responsibility of carrying out the powers designated herein.
17. No property, real or personal, tangible or intangible, shall be acquired or held by
this joint board, it being the intent of the Agreement that each political jurisdiction
shall use and employ its own properties in carrying out the functions and
responsibilities designated herein.
18. This Agreement shall begin on the date of the first signature and continue from
year to year until such time as a party gives notice of termination hereto at least
sixty (60) days prior to such termination. No further obligations or liabilities shall
be imposed after such termination. All agencies/government
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entities/organizations shall remain bound by this mutual aid agreement even if the
signed authority, has changed until the current representative provides written
notice of termination as stated above.
19. It is the parties' intention that the provisions hereof are separable, so that in the
event any provision of this agreement shall be determined to be unenforceable by
a court of law or by any other properly constituted authority, then rest and
remainder of the provisions of this agreement remain binding and enforceable.
20. This Agreement may be signed in counterparts, and such counterparts shall be
valid only:
a.When it is executed by the Executive(s) of the respective political jurisdictions
pursuant to the ordinance/resolution of each jurisdiction authorizing the
Executive to execute it.
b.When it is lodged for record pursuant to Indiana Code 36-1-7-6.
IN WITNESS WHEREOF, the parties, by their Executive Officers, have executed this
Agreement:
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Wayne County, Indiana; City of Richmond
Dated: % - .24F" U L .2006
Town Clerk
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