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HomeMy WebLinkAbout1076 Mutual Agreement Joplin MO BILL NO. 2011-024 ORDINANCE NO. �� 7 � AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A POST-EVENT MIUTUAL AID AGREEMENT WITH THE CITY OF JOPLIN MISSOURI WHEREAS, pursuant to Section 44.090 RSMo. authorized the City to enter into Mutual Aid Agreements to assist in times of emergency; and WHEREAS, the City of Riverside responded to a request for mutual aid from the City of Joplin fc�llowing the EF5 tornado that struck the City of Joplin on May 22, 2011; and WHEREAS, the Board of Aldermen find that it is in the best interest of the citizens of the City of Riverside that the City enter into a post-event Mutual Aid Agreement with the City'of Joplin, Missouri; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1- APPROVAL OF AGREEMENT. That execution of a Mutual Aid Agreement by aiid between the City of Riverside and the City of Joplin for mutual aid and cooperation, in substantially the same form as Exhibit "A" attached hereto, is hereby authorized and approved. SECTION 2- EXECUTION OF CONTRACT. That the City Administrator is authorized to e;�cecute the Agreement and all documents necessary or incidental to the performance thereof, and the City Clerk is authorized to attest to the same. SECTION 3- REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4- SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not aifect the validity of the remainder of this ordinance. SECTION 5- EFFECTIVE DATE. This ordinance shall be in full force and effect from and alPter the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, passed and a�oproved by a majority of th�,e ¢oard of AI en nd APPROVED by the Mayor of the City of Riverside, Missouri, this y'� day of ' , 2011. � ,� ���� -� °, Kathleen L. Rose, Mayor I, ATTEST: ;� `' , �% �L�'' R'.obin Littrell, Cit Clerk APPR AS TO FORM: N o pson, ity Attorney i' 14i1-:, h „1111'- .ii t dI'_'� II 'Jril-�li-I - n'I.il�. �n. � .. -�, ...., ,, . MUTUAL AID AGREEMENT T]�S AGREEMENT, is made and entered into this Sth day of Ju1y, 2011, by and between the CiTy of Joplin, A�issouri, a Municipal Corporation, (hereina.fter referred to as "City" or "Requester" or "Requesting Entity") and � C�-1-� � c F � J Pr sidP , YYI: s sa u r� ,(hereinafter referred to as"Provider" or "Providing Entity"). -WITNESSETH: Wf�REAS, RSMo., Section 44.090 allows for political subdivisions in and out of the State of Missouri to enter into Mutual Aid Agreements to assist in times of emergency; and, WIFIEREAS, City and Requesting Enfity desire to enter into a post-event Mutual Aid Agreement; and, WHEREAS, the parties intend this Agreement to facilitate the reimbursement of expenses incurred by the Providing Enfity by the City through the Federal Emergency Management Agency ("FEMA'�. NOW, TT-IEREFORE, in exchange for valuable consideration each received from the other, the parties do hereby agree as foIlows: 1. Purpose and Scope. At the time of significant emergency such as fire, earthquake, flood, tornado, hazardous material incident, tenorist incident, or other such man-made or natural emergency disaster or public safety need anywhere within the state or bordering states, the highest ranking official of any pofitical subdivision or public safety agency or their designee may render aid to or request aid from any jurisdiction, agency, or organization even without written agreement, as long as he or she is in accordance with the policies and procedlures set forth by the governing boards of those jurisdictions, agencies, or organizations. A public safety neecl, as used in this Agreement, shall include any event or incident necess'rtating mutual-aid assistance from another public safety agency. 2. Laws Governi.n�. When responding to mutual aid or emergency aid requests, political subdivisions or public safety agencies shall be subject to all provisions of law as if it were providing service within its own jurisdiction. Requesting Entity and Providing Entity agree to be bound by the terms, covenants and conditions set forth in ttus Agreement. 3. Elieable Expenses. The labor force expenses of a Providing �ntity will be treated as contract labor, with regulaz time and overkime wages or salaries and certa.in benefits eligible for reimbursement in accordance with FEMA policies, rules and procedures. 4. T�+pes of Emer�encv Mutual Aid. Emergency mutual aid work covered by this Agreement includes, but is not limited to, the following: a. Search and rescue, sandbagging, emergency medical caze, debris removal; . b. Reasonable supervision and administration in the receiving State that is directly related to eligible eme;rgency work; c. The cost of transporting equipment and personnel by the Providing Entity to the incident site; 1 d. Cost� inc�red in the operation of the Incident Command System (ICS), such as operations, planning, logistics and administration, provided such costs are directly related to the performance of eligible work on the disaster or fire to which such resources aze assigned; ; e. State Emergency Operations Center or Joint Field Office assistance in the receiving State to support � emerl;ency assistance; , f. Assistance at the National Response Coordination Center (NRCC), and Regional Response Coordination I Center (I2RCC), if requested by FEMA (labor, per diem and transportation); i g. Dispatch operations in the receiving State; � h. Donations warehousing and management (eligible only upon appmval of the Assistant Administrator of the Disaster Assistance Directorate); i i. Firefi�,hting activities; I j. Disserovnation of public information as suthorized; and, k. Work �associated with the performance of the Crrantee's responsibilities as the grant administrator_ 5. Eli 'bilitv for Reimbursement. Only Requesting Entities aze eligible applicants for FEMA I ssistance. A Providing Eirtity must submit its claim for reimbursement to a Requesting Bntity. States may be � ligible applicants when statewide mutual aid agreements or compacts authorize the State to administer the ! osts of mutual aid assistance on behalf of local jurisdictions. 6. Reimbursement Limitations. Reimbursement for services rendered under this Agreement shall e in accordance with any local, state and federal guidelines. Any political subdiaision or public safety agency roviding assi.�tance shall receive appropriate reimbursement according to those guidelines. To be eligible for :imbursemeni: by FEMA, the mutuai aid assistance should have been requested by a Requesting Entity or in :sponse to a declaration of emergency, major disaster or fire. Reimbursement shall be made in accordance ith FEMA palicies, rules and procedures. 7. Benefits. Applicable benefits normally available to personnel while performing duties for their �'isdiction are; also available to such persons when an injury or death occurs when rendering assistance to Lother politic�al subdivision or public safety agency under this section. Responders sha11 be eligible for the une state and federal ben,efits that ma.y be available to them for line-of-duty deaths or injuries, if such services e otherwise provided for within their jurisdiction. 8. :Liabili . For the purposes of liability, all members of any political subdivision or public safety ;ency respondfiug under operational conirol of the requesting political subdivision or a public safety agency aze �emed emplo:yees of such responding political subdivision or public safety agency and aze subject to the �bility and workers' compensation provisions provided to them as employees of their respective poli6cal bdivision or public safety agency. 2 � 9. No Liabilitv For Failure To Respond. Neither party to this Agreement sha11 be liable to the other for failure to respond to any call by the other, or delay, negligence or mistake in receiving or responding to any call, nor shall this Agreement ever be interpreted as being an agreement for the benefit of any third person. 10. Cansideraiion. The consideration for this Agreement shall be the service given for the protection of lives �and property by the Requesting Entity and by the Providing Entity, and no compensation, except eligible r��bursement as herein provided, shall accrue or be paid by either party to the other by reason of tlus Agreemeu�t. 11. Termination. Either pazty may cancel this Agreement by giving sixty (60) days' written notice to the oth�er pariy. 12. Effective Date. This Agreement shall be effeciive upon the approval of the Ciry Council of the City of Jnplin and the governing boazd or council of Responding Entity. It may be amended at any time by written ag,reement executed pursuant to authority granted by the City Council and the governing boazd or council of'Respondiug Entity. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. (CITY) CTTY OF JOPLIN, NIISSOURI, a Municipal Corporation "RE TING ENTITY" By: R ark Rohr, City Manager ATTEST: �1���'a; � � � Bazbara L. Hogelin, City lerk APPROVE;D AS TO FO ,� Brian W. H[ead, City Atto ey "RESPONDING EN'I'ITY" By: ���/��� � �I TT� A 3 CITY OF ��, RIVERSI �..•— ��s�.�u�a Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: July 14, 201 I AGENDA DATE: July 19, 201 I TO: Mayor and Board of Aldermen FROM: Greg Mills, Director of Public Safety RE: Mutual Aid Agreement — Joplin, Missouri BACKGROUND: As you are aware, the City of Riverside responded to a mutual aid request by the City of Joplin following destruction caused by a tornado that struck Joplin on May 22, 201 I. Under the state wide mutual aid system, the City of Riverside is permitted to respond to such a request without formal agreement between the communities. In this instance a"post-event" Mutual Aid Agreement has been provided to the City of Riverside by Joplin. The post event Mutual Aid Agreement clarifies the rights and responsibilities of the parties and allows for reimbursement of certain categories of expenses incurred by Riverside through FEMA, if desired. In terms of liability, state law provides an employee responding to a request for mutual aid is deemed to be an employee of the responding agency (in this case, the City of Riverside) and is subject to the liability and workers' compensation provisions provided as an employee of the responding agency. Accordingly, expenses related to care and treatment of an injured employee is typically the responsibility of the responding agency. Currently, Riverside has calculated expenses of less than $7,500 related to the work covered by the Mutual Aid Agreement. Staff recommends reporting the expenditures as community assistance provided from gaming revenues and would not take action to seek reimbursement of expenses at this time. However, entering into the post event Mutual Aid Agreement will keep the option to apply for FEMA reimbursement available in the event additional resources are expended or an unforeseen need arises.