I-5 - Resolution 2025-011 - Automatic and Mutual Aid Agreement for Surrounding Johnson County - 2025

fuel as may be required by the responding department to carry on the combined efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. Member departments who offer or make available training opportunities, training props, or resources may charge reasonable costs and expenses, including supplies or materials. Nothing in this Agreement shall prevent or limit any party to this Agreement from recovering or attempting to recover costs of services rendered to a third party where such recovery of costs is provided for by law, including for replacement of equipment or supplies as applicable, such as hazardous materials incidents. As applicable, Federal Emergency Management Agency (FEMA) or State of Iowa Hazardous Materials Response Fee Structure, or applicable local law or ordinance, may be used for billing. Efforts to coordinate billing should be considered if multiple departments are seeking recovery costs. When possible, multi-agency invoices to a large-scale response may be coordinated by the primary agency having jurisdiction. The agency having jurisdiction may serve as a pass-through to reimburse costs and expenses billed and paid under this provision. SECTION VII. LIABILITY Employees or volunteers of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered to be employees or volunteers of their member department as may be applicable. Each party hereto shall bear the liability and/or cost of damage to its member department’s equipment and the death of or injury to its member department’s personnel, whether the death, injury or damage occurs at an incident in the member’s own fire protection area, or in a first due area or fire protection area where the firefighter or emergency responder is working as a member of a responding department. Each party shall provide appropriate and reasonable insurance for its member department’s personnel who may suffer injury, disability, or death and/or are involved in loss or damage to private property, and/or death of or injury to private individuals in the performance of official duties while assisting another member department under the terms of this agreement, and shall supply proof of such reasonable insurance to the other parties hereto by providing a certificate thereof upon request. Each party hereto shall be responsible for defending against claims made against it or its member department or personnel and arising from its participation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against other parties hereto, or against the member departments or personnel of said parties.