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HomeMy WebLinkAbout2113 Resource Sharing AgreementBILL NO.2025-075 ORDINANCE NO. Q�\ AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE GREATER KANSAS CITY REGIONAL RESOURCE SHARING AGREEMENT FOR EMERGENCY RESPONSE AND RECOVERY BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby approves hereby approves the Greater Kansas City Regional Resource Sharing Agreement for Emergency Response and Recovery in substantially the form attached hereto and incorporated by reference, and the Mayor, City Administrator, or Fire Chief is authorized to execute the agreement. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 23' day of September, 2025. Mayor Kathleen ,(L.. Rose ATTEST:, Sara Wagner, Deputy City Clerk NOMILANDIIIIIIIIII-M-1111 EVINE8189affy Greater Kansas City Regional Resource Sharing Agreement for Emergency Response and Recovery COUNTY PLATTE RAY COUNTY CLAY COUNTY COUNTY WYANDOTTF VJACM COUNTY MISSOURI �Ui RIwR �v JOHNSON COUNTY KANSAS MISSQURI CAS§ M[AMr coy" COUNTY MARC MID-AMERICA REGIONAL COUNCIL Greater Kansas City Regional Resource Sharing Agreement Preamble This agreement is designed to strengthen the local jurisdiction's ability to provide and request assistance quickly and legally, clarify liability, supplement existing agreements, and provide for any gaps related to the specialty Agreements already in place. Article I: Purpose and Scope 1. AGREEMENT OF LAST RESORT— This Agreement is to be used as the agreement of last resort when the sharing of a resource is not covered by any other local written mutual aid agreement. There are already mutual aid agreements and laws in place serving as the foundation for mutual aid for law enforcement, fire, emergency medical services and most regional specialty teams. 2. NON -OBLIGATORY — This Agreement does not obligate any party to take an affirmative action or to incur costs to which the jurisdiction is not able to commit at the time of the emergency. 3. NO PENALTY RESERVATION — In the event of an emergency or disaster, one or more Assisting Jurisdictions may assist. The offer of assistance by the Assisting Jurisdiction is made with the full understanding that such assistance will not unduly jeopardize the protection of the Assisting Jurisdiction's community. Any decision regarding whether an Assisting Jurisdiction can spare staffing and/or resources shall lie solely with the Assisting Jurisdiction. 4. COMPREHENSIVE —This Agreement maybe applied to share any resource or asset under the Assisting Jurisdiction's control. 5. NON -DECLARATIVE — A federal, state, county, or local disaster declaration is not required for a participating jurisdiction to render assistance to another jurisdiction covered by this Agreement. 6. INTERJURISDICTIONAL RELATIONSHIPS — The Regional Resource Sharing Agreement should build on existing interjurisdictional relationships and not supersede existing mutual aid agreements or disrupt normal lines of responsibilities between jurisdictions. Jurisdictions should seek to obtain resources based on normal interjurisdictional Page 2 of 9 relationships between special districts, townships, cities and counties. 7. NON -EXPIRING — This Agreement shall remain in effect for an indefinite term, subject to a participating jurisdiction's request to withdraw. Withdrawal from this agreement may occur at any time by written notification to MARC at least 60 days prior to the withdrawal. Upon withdrawal from this Agreement, any equipment provided to the Parties shall be returned to the supplying agency. A Parry's written withdrawal from this Agreement will be deemed a modification by amendment to his Agreement but does not terminate this Agreement as to the remaining Parties. MARC shall maintain a list of which jurisdictions signatories, date and status. Article II: Benefits There are important reasons for a regional Resource Sharing Agreement. These advantages include: • Improves the quality of emergency planning and response through coordinated protocols for notification, response, assistance, and documentation of support, • Allows for optimal use of the region's resources, reducing the need to duplicate expensive specialized assets, • Increases the likelihood that resources will be available and able to be deployed in response to need, • It provides a mechanism for the use of the Incident Support Team and Emergency Support Functions within local emergency operations centers, • It provides a mechanism for the use of resources supporting multi -jurisdiction training and exercises, • A regional resource sharing agreement has the benefits of allowing requesting agencies to seek support from multiple organizations, depending upon the scale and type of incident and the resources needed at a particular time. Article III: Authorities A variety of federal and state laws allow for the creation of relationships between governmental entities for jurisdictions to share human and material assets, and services. Some key statutes specifically with regard to emergency situations exist in Kansas statutes 12-16,117 and in Missouri RSMo. § 44.090-.098 and § 70.837. The jurisdictions represent that the individual executing this Agreement on behalf of the jurisdiction or entity has the authority to bind and agree to the terms contained herein. This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the parties hereto. In general, the basis for this Regional Resource Sharing Agreement is the legal ability for governments, such as Counties, Cities, Villages, Townships and Special Districts, to agree in principle to the possibility of sharing resources when requested by another governmental entity which is also a signatory of this Agreement. Both Kansas and Missouri statutes recognize the Page 3of9 ability of local governments to participate in interlocal agreements such as this Regional Resource Sharing Agreement. We recommend that Kansas jurisdictions review and consider adoption of an ordinance regarding the possibility of sharing resources within the region and across state lines. Sample ordinance language is found in Attachment B. Article IV: Definitions Assisting Jurisdiction: A political jurisdiction, multi -jurisdictional agency, or other entity providing critical community services agreeing to assist another signatory that is a participating member of the Kansas City Regional Resource Sharing Agreement. Authorized Representative: The chief executive of a political jurisdiction, to include the Board of Police Commissioners established under Missouri statute RSMo. § 84.350, or multi - jurisdictional agency, or their designee, who is empowered to request resources, obligate resources, and expend funds on behalf of the political jurisdiction or multi jurisdictional agency under the terms of this Agreement. The designee is often the Emergency Management Director / Coordinator. Emergency Management Agency: The agency responsible for coordinating emergency management activities through all -phases — mitigation, preparedness, response, and recovery — within a jurisdiction. Emergency or Disaster: Any situation needing an immediate response for which the community cannot alleviate without outside assistance regardless of formal declarations. Mutual Aid: A prearranged written agreement and plan whereby assistance is requested and provided between two or more political jurisdiction, to include the Board of Police Commissioners established under Missouri statute RSMo. § 84.350, or multi -jurisdictional agencies during a large-scale emergency or disaster under terms of this agreement. It includes the sharing of people, equipment, consumable items. Period of Assistance: The period of time beginning with the departure of any personnel and/or equipment of the Assisting Jurisdiction from any point for the purpose of traveling to provide assistance exclusively to the Requesting Jurisdiction, and ending on the return of all of the Assisting Jurisdiction's personnel and equipment to their regular place of work or assignment, or otherwise terminated through written or verbal notice to the authorized representative of the Requesting Jurisdiction by the authorized representative of the Assisting Jurisdiction. Personnel Licensure Compact: A legal document passed as state legislation in the individual states that wish to become part of that particular interstate agreement. In general, these types of Compacts allow personnel to move over state lines easier during normal day to day operations. Requesting Jurisdiction: A political jurisdiction, to include the Board of Police Commissioners established under Missouri statute RSMo. § 84.350, or multi -jurisdictional agency that is Page 4 of 9 responding to a natural, man-made, or technological hazard that has requested assistance from another signatory that is a participating member of the Kansas City Regional Resource Sharing Agreement. Special District: A local government with a board of directors and taxing authority recognized by the state as a stand-alone entity. Commonly fire districts, ambulance districts, 911 districts, road districts, sewer districts, school districts etc. These local government entities may be signatories of the Regional Resource Sharing Agreement. Article V: Governance The signatory to this Agreement is the Authorized Representative or delegate authorized by the County, City, Township, Village or Special District, to facilitate the development of interagency policies and procedures to ensure timely and efficient resource availability in response to and recovery from emergencies or disasters. This Agreement may be executed in one or more counterparts, each of which will be deemed an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same Agreement. This Agreement shall be effective upon the execution of counterparts by more than one party. The parties may sign the same counterpart. The parties' signatures transmitted by facsimile or by other electronic means shall be proof of the execution of this Agreement and shall be acceptable in a court of law. The Regional Resource Sharing Agreement may be amended upon the endorsement of at least two-thirds (2/3) of the member jurisdictions. The Regional Homeland Security Coordinating Council (RHSCC) and the Policy Committee of the RHSCC shall serve as the lead body regarding the Resource Sharing Agreement. The RHSCC shall be responsible for implementation. The Mid -America Regional Council (MARC) agrees to serve as the Administrator for this Regional Resource Sharing Agreement, to catalog participants and the use of the Agreement. Article VI: Recognition of Licensure and Certification The recognition of licenses and certifications of personnel who are requested to serve in a jurisdiction which is different than where they have a license or certification has been issued, will be able to serve predicated upon a variety of state laws, compacts or other legal agreements. The adoption of laws, interstate licensure compacts and other legal agreements for reciprocity occurs frequently and jurisdictions should evaluate this aspect as needed. Article VII: Liability Protection and Immunity 1. All activities performed under this Agreement are deemed to be governmental functions including health, welfare, and safety of the general population. 2. For the purposes of liability, all members of any political subdivision or public safety agency responding under operational control of the requesting political subdivision or public safety Page 5of9 agency are deemed employees of such responding political subdivision or public safety agency and are subject to the liability and workers compensation provisions provided to them as employees of their respective political subdivision or public safety agency. Qualified immunity, statutory immunity, sovereign immunity, official immunity, and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the Assisting Jurisdiction. The parties to this Agreement acknowledge and agree that the Responding Jurisdictions located in Missouri are prohibited by Missouri law from indemnifying other entities, and that notwithstanding any other language in this Agreement, the indemnification provisions in this Section and the reimbursement provisions below shall not require Responding Jurisdictions located in Missouri to indemnify or reimburse the other parties to this Agreement. 3. Any person holding a license, certificate, or other permit issued by a political jurisdiction or multi jurisdictional agency or the state meeting qualification in a professional, mechanical, or other skill licensed to operate in the Assisting Jurisdiction will be duly recognized by the Requesting Jurisdiction for the duration of their assignment (including long term recovery under an approved recovery plan). 4. No party to this Agreement shall be liable for its failure or refusal to render aid pursuant to this Agreement. Article VIII: Employment Benefits All pension, relief, disability, death benefits, workers compensation and other benefits enjoyed by the employees of parties rendering assistance shall extend to the services they perform under this Agreement outside their respective jurisdictions as if those services had been rendered in their own jurisdiction. Article IX: Deployment Requests for assistance including the provision of people, equipment, consumable items, services, and information may either be verbal or in writing and will be administered through authorized representatives (or their designees) of the political jurisdiction or multi - jurisdictional agencies. a. Verbal requests will be followed up with a written request for assistance within thirty (30) days per the accompanying administrative protocols to this Agreement. 2. The Requesting Jurisdiction and the Assisting Jurisdiction both agree to notify their jurisdiction's local Emergency Manager if requests are made, and if support is offered, as outlined in this Agreement. 3. Each political jurisdiction, to include the Board of Police Commissioners established under Missouri statue RSMo. 84.350, or multi -jurisdictional agency has the latitude to develop their own travel policies for their jurisdiction. As such, travel policies and required documents to process reimbursement under the agreement will vary from political jurisdiction or multi - jurisdictional agency to political jurisdiction or multi -jurisdictional agency. Regardless of the differences in travel policies amongst political jurisdiction or multi -jurisdictional agencies, the accurate collection, preparation, and submission of documentation is important. Page 6of9 Article X: Reimbursement Reimbursement is outside the scope of this regional intergovernmental agreement. This issue is left between the assisting and impacted jurisdictions to be discussed should the need arise at the time of the incident between the two parties. Article XI: Termination 1. This Agreement shall be construed to effectuate the purposes stated in Article I herein. If any provision of this Agreement or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of the Agreement which can be given effect without the invalid provision or application. 2. Nothing herein shall preclude any political jurisdiction, to include the Board of Police Commissioners established under Missouri statute RSMo. § 84.350, or multi -jurisdictional agency from entering into supplementary agreements or affect any other agreements already in force. 3. The Assisting Jurisdiction shall retain the right to withdraw some or all of its resources at any time from the Requesting Jurisdiction. Notice to withdraw shall be communicated to the Requesting Jurisdiction's Authorized Representative or their designee, as soon as practicable. Article XII: Dispute Resolution Once resources are deployed, the relationship is established between the entity providing the resource and the entity requesting the resource and it is incumbent upon them to define the relationship and seek to establish clear understanding of the relationship and its obligations and responsibilities. Should disagreement arise on the interpretation of the provisions of this Agreement, or amendments or revisions thereto, that cannot be resolved at the operating level, the areas(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. Article XIII: Operational Plan This Agreement is written to provide a known process on how to request and receive assistance and the expectations associated with a request. The Federal Emergency Management Agency's National Response Framework and state laws enable states and their political jurisdiction or multi -jurisdictional agencies to enter into agreements that allow for the timely, efficient, and effective sharing of resources during catastrophic events, even if a formal federal or state disaster declaration have not been declared. The federal government has in recent years encouraged a "Whole Community" approach to emergency management, which seeks to ensure community recovery begins at the earliest possible opportunity without the need to render federal aid. Page 7of9 The National Incident Management System (NIMS) also provides well -established and uniform guidelines for incident management and response. Where possible commonly accepted forms of written communications should be utilized such as the accepted ICS forms and processes. Requests for Assistance Political jurisdiction or multi -jurisdictional agencies party to this agreement agrees to honor any form of written request, as agreed upon through such written agreement and containing the following data elements. No specific request form is prescribed. 1. The intent to implement this agreement, as distinguished from any other existing mutual aid agreement; 2. A general description of the emergency situation, damage or injury sustained or threatened; 3. Identification of the emergency service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, fatality management, public information and communication, resource support, health and other medical services, etc.), and the particular type of assistance needed; 4. The amount and type of personnel, equipment, materials, supplies, and/or facilities needed and a reasonable estimate of the period of assistance that each will be needed; and 5. The location or staging area where the resources are to be dispatched and the specific time that the resources are needed; and 6. The name and contact information of a representative of the Requesting Jurisdiction to meet the personnel and equipment of any Assisting Jurisdiction; and 7. The name and contact information of the authorized representative for follow-up questions if needed to fulfill the resource request. 8. Jurisdictions might consider the use of FEMA ICS 213 RR Modified for requesting resources, as well as the process and procedures that commonly accompany the use of the ICS 213 RR. Download: ICS 213 RR Modified Resource Request Form The authorized representative in the Assisting Jurisdiction will be responsible for forwarding and coordinating the request for assistance with the appropriate emergency support functions and/or organizations within their jurisdiction or agency based on availability of the resources requested. Page 8 of 9 An authorized representative who determines that their Assisting Jurisdiction has the available personnel, equipment, or other resources, shall so notify the authorized representative of the Requesting Jurisdiction and provide the following information, to the extent known: 1. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Jurisdiction; 2. The estimated period of assistance that the personnel, equipment, and other resources will be available; 3. The name of the person or persons to be designated as supervisory personnel for the Assisting Jurisdiction; and 4. The estimated time of arrival for the assistance to be provided at the designated location. 5. Any additional information or support needed from the Requesting Jurisdiction. ZAMBEZI I �1101'i Nam�, Title 5e) 2 ec \-5 �Xa5 Date Organization Address City, State, Zip Official Notices: For: [Organization} [Name] [Title] Email: [ ] For Legal Notices — Email as above with paper copy mailed to: [Organization] ATTN: [Legal Point of Contact] [Address] [City, State, Zip] For: Mid -America Regional Council Erin Lynch, Emergency Services and Homeland Security Program Director Email: elynch@marc.org For Legal Notices — Email as above with paper copy mailed to: Mid -America Regional Council ATTN: Erin Lynch 600 Broadway Blvd #200 Kansas City, MO 64105 Page 9 of 9 Appendix A: Authorities and References Level of Gov. Document Citation/Statute Authority/ Responsibility Federal Stafford Act 44 CFR Section 206 DHS/FEMA — emergency response DHS/FEMA - preparedness/response Federal Executive Order 12148 44 Fed. Reg. 43239 Federal Presidential Policy Presidential Policy Directive PPD 8 DHS/FEMA — national preparedness Directive 8 (FEMA Implementation) Federal Presidential Policy Presidential Policy Directive PPD 21 DHS public health and medical Directive 21 (FEMA Implementation) Federal Emergency Management Assistance Compact Public Law 104-321 FEMA/State mutual aid Executive Branch — Presidential Declaration Federal National Emergencies Act Public Las 94-412, 90 Stat. 1255 Federal Pandemic and All Public Law No. 109- HHS/CDC — public health preparedness and response HHS — public health emergency declaration Hazards Preparedness Act 417 Federal Public Health Service Act Public Law 78-410 Federal Public Readiness and Emergency Preparedness Act HHS — declaration of immunity from liability for claims related to medical countermeasures Federal NIMS DHS/FEMA — incident command system DHS/FEMA — national all -hazards approach to coordinate emergency response through ESF's Federal National Response Framework, Third Edition State Kansas Mutual Aid System Statutes 48-950-958 KS Political jurisdiction or multi - jurisdictional agencies Municipalities Municipal Mutual Aid KS 12-16,117, KS Municipalities (Counties/Cities) Public A encies Public A encies KS 12-2904 KS 80-1517 Public a encies State Kansas Mutual Aid Fire (ESF 4) State Kansas Mutual Aid KS 65-6158 Public Health and Medical (ESF 6) State Kansas Mutual Aid KS 48-3602 Law Enforcement State Missouri Mutual Aid MO 44.415 State Emergency Management State Missouri Mutual Aid L- Missouri Law MO 44.098 Law Enforcement mutual aid with KS and OK Page J Enforcement State Missouri EMS MO 190.107 EMS/ambulance MO 190.900 - 939 State Kansas EMS KS 65-6158 EMS/ambulance State Kansas Wildfire KS 31-801 Forest Fire preservation State Missouri Mutual Aid MO 320.090 Fire State Kansas EM KSW Interstate EM Compact/ KS 48-9a01 Compact State EM Mutual aid with Kansas/State EM State Missouri Mutual Aid MO 44.095 State Missouri Mutual Aid MO 44-090 Interstate and Intrastate. No MO 44-105 declaration required. License MO 44-045 reciprocity recognized. MO 70.815-837 State (Ntl Kansas / Missouri EMS reciprocal recognition of EMS Comi3act Agreement) license Nurse reciprocal recognition of State (Ntl Kansas / Missouri Nurse Licensure Agreement) Compact license Page K Appendix B: Sample Kansas Ordinance NOTE: This agreement is not determinate upon adoption of an ordinance per KS Statute 12- 16,177. KS Statute 12-16,117 permits a local ordinance to be adopted by the jurisdiction to share resources across state lines. Missouri does not require such a statute. Here is the ordinance from Johnson County, Kansas: Sec. 26-1. - Mutual aid policy. (a) This section is intended to provide assistance in any form of service including, but not limited to, police, fire, emergency medical service, emergency management, public works, as well as administrative and clerical support during times of disaster as defined in K.S.A. 12-16,117. (b) In the event of a disaster, when there is a request for assistance from another municipality within or without the state, if the county can provide assistance without unduly jeopardizing the protection of its own community, the county manager, or his or her designee, in coordination with the emergency management division coordinator, is hereby authorized to provide such assistance as may be requested under authority granted by K.S.A. 12-16,117, with all the privileges and immunities provided therein. (c) Any assistance offered or provided pursuant hereto shall not be in conflict with: (1) The county emergency operations plan; (2) Other county resolutions or any existing interlocal agreement; (3) Automatic aid; (4) Intergovernmental or mutual aid agreement or the authority to enter into any such future agreements. (d) The Requesting Jurisdiction must be operating under a state or local declaration _ of disaster emergency as provided for in applicable state sttte&--- Page L