County Commissioner Resolutions - September 2010��-a,,�.�,_, a 6 i � -�
District Mutual Aid
Inter-Local Government Agreement
Recitals
WHEREAS
The Indiana General Assembly under Indiana Code 10-19-2-1 established the Indiana
Department of Homeland Security and under Indiana Code 10-14-3-7 established local
emergency management departments for political subdivisions of the State.
WHEREAS
The Indiana Department of Homeland Security and local emergency management
departments are charged under Indiana Code 10-14-3-7(b)(7) to provide for a disaster
management system embodying all aspects of pre-disaster preparedness, disaster
operations, and post-disaster response.
WHEREAS
The Indiana Generel Assembly authorized the Indiana Department of Homeland Security
under Indiana Code 10-14-3-9(g) and Indiana political subdivisions under Indiana Code 10-
14-3-16 to enter into mutual aid agreements.
WHEREAS
The Counties, Cities, Towns, Townships, Fire Protection Districts and other relevant entities
(collectively referred to as "Signatories to this AgreemenY' or "Signatories") of District 10
desire to enter into this Agreement for the purposes of providing for mutual support, aid
and assistance between the signatories following the occurrence of a natural or manmade
disaster emergency and for conducting preparetion activities including but not limited to
planning, training, exercises, response, grant applications and other resource coordination.
WHEREAS
The Indiana General Assembly, in Indiana Code 36-1-7, set out the required contenks for
agreements entered into by any political subdivision of this State.
WHEREAS
The signatories in District 10 as authorized under Indiana Code 36-1-7 desire to act on
behalf of its member jurisdictions through the District Planning Oversight Committee and
District Planning Council and to so activate District emergency response resources in
compliance with any interjurisdictional agreements between or among other Districts and
State agencies including the Indiana Department of Homeland Security.
Page 1 of 8
Articles
NOW, THEREFORE, the parties hereby agree as follows:
Article I: Definitions
Assisting Jurisdiction: A jurisdiction participating in the District Mutual Aid Inter-local
Government Agreement and providing emergency response manpower, equipment, and
resources to another jurisdiction that has requested assistance to confront an emergency
Authorized Representative: The chief executive of a participating jurisdiction, or his or
her designee, who has authorization to request, ofFer, or provide assistance under the terms
of this Agreement
Dist�id Planning Council (DPC): Those emergency management directors and
emergency response professionals appointed by the DPOC to conduct emergency response
and planning activities within Homeland Security District 10
District Planning Oversight Committee (DPOC): The elected chief executives of the
political subdivisions or jurisdictions within Homeland Security District 10 who provide
oversight for the activities conduded by the DPC
Emergency Management Agency (EMA): The agency which manages emergency
preparedness and response on a county-wide basis
Emergency Management Di�ector (EMD): the position that manages the emergency
management agency or his or her designee
Emergency: Any occurrence, or threat thereof, whether natural or caused by man, in war
or in peace, which results or may result in substantial injury or harm to the population,
substantial damage to or loss of property, or substantial harm to the environment and is
beyond the capaciry of an individual jurisdidion to effedively control
Mutual Aid: A prearranged written agreement and plan whereby assistance is requested
and provided between two or more jurisdictions during a designated emergency under
terms of the Agreement
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 jurisdidion, 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 jurisdidion by the authorized representative of the
assisting jurisdidion
Requesting Jurisdiction: A jurisdiction under an emergency condition that has requested
assistance from another jurisdiction participating in the District Mutual Aid Inter-local
Government Agreement
Staging Area: A location identified outside the immediate emergency area where
emergency response equipment and personnel assemble for briefing, assignment, and
related matters
Page 2 of 8
Articte II: Terms of the Agreement
Adivation
1. The Signatories of District 10 agree that any assistance which may be furnished
under this Agreement 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
sufficient or insufficient to respond to any natural or manmade emergency or
disaster.
2. Each party agrees that in the event of an emergency situation, each other party to
this Agreement will furnish such personnel, equipment, facilities or services as are
available, provided that such adion would not unreasonably diminish the capacity to
provide basic services to its own jurisdiction.
3. The Signatories of Distrid 10 agree that the senior o�cers (and their assistants, or
alternatives) of the entities that will provide direct assistance under this Agreement
(i.e. fire chief, sheriff, police chief, EMS provider, highway superintendent, ESF
Coordinator, etc) shall be accorded the status of emergency management personnel
for purposes of administretion of this Agreement. The senior officers in command of
the units providing assistance under this Agreement are required to promptly inform
the EMD and the appropriate chief executive of their respective unit of government
that the assets have been sent out of the area. This step will allow the EMD to keep
treck of assets remaining for response to other emergencies that might arise while
mutual aid assistance is being rendered.
4. The chief executive or his or her designee of each participating jurisdidion to this
Agreement shall act as the authorized representative of that jurisdiction. If the chief
executive or his or her designee is not available, the official next in the line of
succession as defined by local or state statute shall assume responsibilities of the
authorized representative. The name, title, jurisdiction, county and contact
information for each of the authorized representatives is attached to this Agreement
and labeled Authorized Representatives.
5. The Signatories of District 10 agree that their respedive county EMAS shall be the
entities which are appropriate to administer and call into effect the activation terms
of this Agreement pursuant to the subsequent provisions.
6. To invoke assistance under the provisions of this Agreement, the authorized
representative from the Requesting Jurisdiction shall be required to contact the EMD
or his or her designee of the county in which the requesting jurisdiction resides. This
communication may be conducted by telephone, in writing or via email or other
electronic communication.
7. Each request for assistance shall be accompanied by the following information, to the
extent known:
• A generel description of the damage or injury sustained or threatened;
• Identification of the emergency service function or functions for which
assistance is needed (e.g. fire, law enforcement, emergency medical, search
Page 3 of 8
and rescue, transportation, communications, public works and engineering,
building, inspection, planning and information assistance, mass care, resource
support, health and other medical services, etc.), and the particular type of
assistance needed;
• 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
• The location or locations to which the resources are to be dispatched and the
specific time by which the resources are needed; and
• The name and contact information of a representative of the Requesting Party
to meet the personnel and equipment of any Assisting Party at each location
to which resources are dispatched.
This information may be provided on a form designed for this purpose or by
any other available means.
8. The EMD shall forward the request for assistance to EMDs in the appropriate counties
within the District based on the proximity and availability of the resources required
by the request. The EMDS who receive a request for assistance shall contact the
Authorized Representatives of the local jurisdictions within the county and submit the
request for assistance.
9. An EMD who determines that his or her Assisting ]urisdictions have the available
personnel, equipment, or other resources, shall so notify the EMD of the Requesting
Jurisdiction and provide the following information, to the extent known:
• A complete description of the personnel and their expertise and capabilities,
equipment, and other resources to be furnished to the Requesting rarty;
• The estimated period of assistance that the personnel, equipment, and other
resources will be available;
• The name of the person or persons to be designated as supervisory personnel
for the Assisting Jurisdidion; and
• The estimated time of arrival for the assistance to be provided at the
designated location.
This information may be provided on a form designed for this purpose or by
any other available means.
Incident Command
10. The parties shall utilize the Incident Command System (ICS) as developed by the
U.S. Department of Homeland Security as part of the National Incident Management
System (NIMS) to provide structure for incident management so as to assure
efficient use of resources and the safety of emergency responders and the public.
11. During an emergency situation, all personnel from the Assisting Jurisdictions shall
report to and work under the direction of the designated incident commander.
Page 4 of 8
Personnel from either the Requesting or Assisting )urisdiction may receive
supervision from any command personnel from the combined participating
jurisdictions if authorized by the incident commander or her or his designee in the
command structure. Tactical teams shall operete under the direction of their tadical
commander once they are authorized to undertake assignments.
Liability
12. Pursuant to Indiana Code 10-14-3-17(j)(4), the chief executive of the political
subdivision which is the Assisting Jurisdiction in this agreement may assign or make
available for duty the appropriate emergency response personnel outside of the
physical limits of their political subdivision; and pursuant to Indiana Code 10-14-3-
18(a), when Homeland Security, Emergency Management, or Emergency Support
Functions are so ordered to render aid outside the physical limits of their political
subdivision, they will retain the same powers, duties, rights, privileges and
immunities including any coverage under the Worker's Compensation Laws, that they
receive when they are on duty in their home jurisdiction.
13.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 in responding under the terms of
this Agreement.
14. The Assisting Jurisdictions 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 any emergency due to adions which are required in responding
under this Agreement; said liabiliry and responsibility shall rest solely with the
jurisdiction requesting such aid and within wnose boundaries the property exists or
the incident occurs.
15. Pursuant to Indiana Code 10-14-3-18(b), the political subdivision that constitutes the
Requesting ]urisdiction 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 as well as any expense incurred in the provision of a service or
other expenses in answering the request for assistance.
16. Each of the parties agree that each Assisting Jurisdiction shall provide for the
payment of compensation and benefits to:
. An injured member; and
. A representative of a deceased member;
Of the Assisting ]urisdiction's emergency forces if the member is injured or killed
while rendering assistance under this Agreement in the same manner and on the
same terms as if the injury or death were sustained while the member was rendering
assistance for or within the member's own jurisdiction. Expenses incurred for such
compensation or benefits shall not be reimbursable pursuant to other provisions in
this Agreement.
Page 5 of 8
17. Should there be any disagreement as to the nature and extent of any provision
pertaining to liability, these issues shall be submitted to binding arbitration with the
American Arbitration Association or any other arbitration association unanimously
agreed to by the parties involved in the dispute.
18. The execution of this Agreement shall not give rise to any liability or responsibility
for failure to respond to any request for assistance made pursuant to this
Agreement. This Agreement shall not be construed as or deemed to be an
Agreement for the benefit of any third party or parties, and no third party or parties
shall have any right of adion whatsoever hereunder for any cause whatsoever.
Conditions of Participation
19. Interegency and interjurisdictional plans shall be developed as necessary and in
compliance with State and Federal mandates; they shall be updated on a regular
basis by the parties hereto and are operative among the parties in accordance with
such plans.
20. The parties agree to meet on a regular basis to review all assistance plans and the
provisions of this Agreement.
21. The District Planning Oversight Committee (DPOC) consisting of the Chief Executive
of each county in District 10 and the Mayor or Town Board President of the largest
city/town in each county in District 10 or their designated representatives shall have
the responsibility of carrying out the powers designated herein.
22. This Agreement shall become effective when approved and executed by the lawful
representative of each participating party. This Agreement shall remain in effect as
between and among each and every party untit participation in this Agreement is
terminated by a party in writing. Termination of participation in this Agreement by a
party shall not affect the continued operation of this Agreement between and among
the remaining parties. Any party to this Agreement may terminate participation in
this Agreement upon thirty (30) days' written notice addressed to the fiscal agent for
District 10.
Reimbursement
23. An itemized claim for loss and damage to the responding party's equipment at the
response scene shall be filed within thirty (30) days of such loss or damage
occurring. [NOTE: Filing within thirty days will help to ensure FEMA reimbursement,
if applicable.]
24.The political subdivision in which the requested party is located shall be responsible
for labor and equipment reimbursement as specified in item 26 in this Agreement.
25.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 thirty (30)
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
Page 6 of 8
subdivision where the equipment was used. Claims shall be fully documented in
order to obtain reimbursement for state and federal DHS reimbursement funds when
and if available.
26. The parties agree that labor and equipment reimbursement rates shall be as follows:
• Labor rates:
> Streight time for force account labor shall be the normal pay rates for
responding personnel.
> Overtime for force account labor shall be at 1�/z times the normal pay
retes for responding personnel if it is the normal prectice to pay
overtime at this rate.
> Volunteer Note: Under FEMA 9523.6 Section 7.6.3. °If the providing
[Assisting Jurisdiction] entity is staffed with volunteer labor, the value
of the volunteer labor may be credited to the non-Federal cost share in
accordance with the provisions of the Donated Resources policy
(#9525.2).
• Equipment reimbursement rates:
� Equipment reimbursement rates shall be at the FEMA standard for
equipment reimbursement or the state or local rete, whichever is
lowest.
Page 7 of 8
IN WITNESS WHEREOF, this Agreement has been executed and
approved and is effective and operative as to each of the parties as
herein provided as of the day and year written below.
Dated this September 7, 2010
Gibson County Commissioners
President Robert Townsend ��_
Vice-President Gerald Bledsoe �
Commissioner pon Whitehead
Gibson County Attorney
James G. McDonald III
Gibson County Emergency Man�gemenx Agency Director
Terry Hedges
Attest:
Page 8 of 8
�
��/��.-` ��
.
. �