Update of 28E Mutual Aid Agreement with East Dubuque Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 23.
City Council Meeting
ITEM TITLE: Update of MutualAid Agreementwith East Dubuque
SUM MARY: City Manager recommending approval to update the Mutual Aid
Agreement with the East Dubuque Fire Department to address fire and
EMS responses.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Update of Mutual Aid Agreement with East Dubuque- City Manager Memo
MVM Memo
Mutual Aid Agreement Memo Staff Memo
Mutual Aid Agreement- East Dubuque Staff Memo
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Update of Mutual Aid Agreement with East Dubuque
DATE: February 9, 2021
Fire Chief Rick Steines recommends City Council approval to update the mutual aid
agreement with the East Dubuque Fire Department so it addressed fire and EMS
responses.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Rick Steines, Fire Chief
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Rick Steines, Fire Chief
DATE: February 3, 2021
RE: Update of Mutual Aid Agreement with East Dubuque
INTRODUCTION
This memo requests updating of a mutual aid agreement with the East Dubuque
Fire Department. My recent review of this agreement revealed that it specifically
addresses EMS responses rather than fire and EMS.
BACKGROUND
Over the past decade or so, the mutual aid agreement had been altered a few
times. At one point due to East Dubuque having no ambulance capability it included
items specific to EMS service. About 5 years ago East Dubuque Fire Department was
able to establish a ambulance service capability.
DISCUSSION
During the transitions of East Dubuque EMS services, the mutual aid documents
have not been updated to reflect the current situation. I have worked with East
Dubuque Fire Chief Joe Heim, as well as City Attorney Crenna Brumwell to update the
agreement. The updated agreement matches what is used in our other mutual aid
agreements.
RECOMMENDATION
I recommend that we pursue this update and place the item on the City Council
agenda for signature.
ACTION REQUESTED
Approval to place this item on the next City Council agenda with a
recommendation for signature.
Cc: Crenna Brumwell, City Attorney
Adrienne Breitfelder, City Clerk
Full Legal Name Organization Type County
Party 1 City of Dubuque City Dubuque
Party 2 City of East Dubuque City Other
210 - Fire Reponse
Service Type
For the City of Dubuque, Iowa and the City of East Dubuque, Illinois Fire Department to render fire and emergency assistance upon a reciprocal
basis.
Purpose
Indefinite
Duration
M513686
28E Agreement File Number is
28E-Agreement.pdf
Upload Scanned Agreement
Contact Person: (Optional)
Contact First Name
Contact Last Name
Fire Chief
Job Title
Fire / Rescue
Department
563-589-4160
Phone
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.iowa.gov
FILED
Filing Date: 04/26/2021 08:14 AM
Filing Number: M513686
28E Agreement
Participants
Email Address 1
Full Legal Name Organization Type County
Party 1 City of Dubuque City Dubuque
Party 2 City of East Dubuque City Other
210 - Fire Reponse
Service Type
For the City of Dubuque, Iowa and the City of East Dubuque, Illinois Fire Department to render fire and emergency assistance upon a reciprocal
basis.
Purpose
Indefinite
Duration
Update-of-Mutual-Aid-Agreement-with-East-Dubuque.pdf
Upload Scanned Agreement
Contact Person: (Optional)
Contact First Name
Contact Last Name
Fire Chief
Job Title
Fire / Rescue
Department
563-589-4160
Phone
Iowa Secretary of State
321 East 12th Street
Des Moines, IA 50319
sos.iowa.gov
FILED
Filing Date: 02/24/2021 11:25 AM
Filing Number: M513435
28E Agreement
Participants
Email Address 1
28E AGREEMENT
FOR MUTUAL AID FIRE PROTECTION
BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA AND
THE CITY OF EAST DUBUQUE, ILLINOIS FIRE DEPARTMENT,
This Agreement, dated for reference purpose the 15 day February , 2021, is
made pursuant to Iowa Code. Chapter 28E between the City of Dubuque, Iowa and the
City of East Dubuque, Illinois Fire Department.
WHEREAS, the undersigned parties are established fire/emergency response
agencies; and
WHEREAS, occasions may arise whereby extra alarm fires or other emergencies
would exhaust the available firefighting equipment maintained by one of the parties
herein; and
WHEREAS, in such a situation the availability of additional firefighting personnel
and equipment from outside sources might well avert disastrous results; and
WHEREAS, Iowa Code Chapter 28E provides that powers, privileges or authority
exercised by a public agency of this state may be exercised jointly with any other public
agency having such powers, privilege and authority; and
WHEREAS, the parties hereto are desirous of entering into a 28E agreement to
render fire and emergency assistance upon a reciprocal basis..
THEREFORE, the parties mutually agree to give fire and emergency assistance
when needed on a reciprocal basis under the following terms and conditions:
Section 1. Authority to Request or to Respond to a Request to Provide
Assistance. The authority to make a request for assistance or to respond to a request
for assistance under this Agreement shall reside in the Member department fire chief or
such chief's official designee only. For purposes of this Agreement, the "requesting
department" shall mean the fire chief or chief's designee requesting assistance and the
"responding department" shall mean the fire chief or chief's designee sending
assistance. Any Member department shall have the right to request assistance from
any other Member department or departments, subject to the terms and conditions of
the Agreement. For the purpose of this Agreement, the terms "Member department"
and "Member" shall mean the fire department of the respective parties hereto.
Section 2. When Assistance may be Requested. A Member department
may request assistance from another Member department only when the requesting
department has concluded, based upon actual circumstances, that such assistance is
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essential to protect life and/or property at a location afforded fire protection service by
the requesting department.
Section 3. Response to Request. Upon request, a responding department,
upon determination by its chief that an emergency situation exists, and subject to the
chief's determination of availability of personnel and equipment, shall dispatch
firefighting personnel and equipment to aid the requesting department.
Section 4. Personnel and Equipment Provided.
(a) The requesting department shall include in its request for assistance the
amount and type of equipment and number of personnel required and shall specify the
location where the personnel and equipment are needed.
(b) The final decision on the number and the amount and type of equipment and
the number of personnel to be sent shall be solely that of the responding department's
chief. The responding party shall not be liable for any acts associated herewith
provided that the final decision is made with reasonable diligence.
(c) No Member department shall make any claim whatsoever against another
Member department for the refusal to send the requested equipment or personnel
where such refusal is based on the judgment of the chief of the responding department
that such personnel and equipment are needed to protect the jurisdiction of the
responding department.
Section 5. Command at Fire Scene.
(a) The responding department personnel and equipment shall report to the
command officer of the requesting department who shall be in charge at the emergency
scene unless the command officer specifically relinquishes such authority to another
officer. The command officer shall have the authority to issue reasonable orders and
directives and the responding department and responding officer shall act on said
orders.
(b) The responding department personnel and equipment shall be released by
the requesting department when the services of the responding department are no
longer required or when the responding department personnel and/or equipment are
needed in the responding department's home district. Responding department
personnel and equipment may withdraw from the emergency scene upon giving notice
to the command officer at the emergency that the responding department is needed in
its home jurisdiction.
(c) It is agreed that the purpose of this section is to maintain order at the
emergency scene and shall not be construed to establish an employer/employee
relationship.
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Section 6. No Reimbursement for Costs. No Member department shall be
required to reimburse any other Member department for the cost of providing the
services set forth in this Agreement. Each Member department shall pay its own costs,
including but not limited to salaries, repairs, materials, compensation, for responding to
the request of another member department. However, a requesting department shall
provide without charge, such additional fuel as may be required by a responding
department to carry on the combined firefighting efforts after its initial fuel supply is
depleted, plus sufficient fuel to fill the responding department's fuel tanks before the
responding department returns to its home jurisdiction.
Section 7. Liability.
(a) Employees of any Member department acting pursuant to this Agreement
shall be considered as acting at all times under the lawful orders and instructions of
their employer Member department. Under no circumstances shall such employees be
considered employees of any other Member or department.
(b) Each Member department hereby waives all claims against every other
Member department for any loss, damage, injury or death occurring as a consequence
of the performance of this Agreement.
(c) Each Member department shall bear its own liability and cost for damage to
its equipment and for the death of or injury to its personnel, whether the death, injury or
damage occurred at a fire in the Member's own fire protection area, or at another
Member department's fire protection area.
(d) Each Member agrees to indemnify, defend and hold harmless all other
Members for damages, claims, demands, suits, judgments, costs and expenses arising
from loss of or damage to private property, or death of or injury to a private person
whether caused by the Member's personnel or equipment in the performance of this
Agreement, except where such loss, damage, death or injury is the result of wanton and
willful misconduct by an employee of a Member. For purposes of this Agreement,
"private person" and "private property" means a person not an employee or volunteer of
a Member fire department and property not belonging to a Member.
Section 8. Insurance. Each Member agrees that during the term of this
Agreement, it shall at its own expense, purchase and maintain insurance in companies
properly licensed and authorized to do business in agency's home state if agency's
home state is not lowa and satisfactory to the other Members. Insurance shall be
maintained as outlined in City Insurance Schedule, attached as Exhibit A.
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Section 9. Miscellaneous Provisions. Each Member department shall have
available sufficient adapters for equipment connections for use by other Member
departments performing under the terms and conditions of this Agreement.
Section 10. Term of Agreement. This Agreement shall be in full force and
effect upon execution by all of the parties hereto and the filing and recording thereof as
provided in Section 13. This Agreement shall have a term of three (3) years and
thereafter shall continue in effect from year to year. This Agreement may be amended
by written agreement of all of the parties. Any Member may withdraw from this
Agreement by giving sixty (60) days' written notice of withdrawal to the governing body
of each of the other Members by certified mail. Such notice shall only be effective if
duly approved by the governing body of the withdrawing Member.
Section 11. Administration of Agreement. This Agreement shall be
periodically reviewed by the agencies involved. Resolution of conflicts arising from this
agreement shall be addressed using the "Interagency Conflict Resolution" form provided
by the Dubuque Fire Department.
Section 12. Notices. Any notice required by this Agreement shall be sent to the
address of each Member as set forth below.
Section 13. Prior Mutual Aid Agreements. This Agreement supersedes any
and all prior fire/emergency serviceslemergency response mutual aid or fire protection
agreements between and among the Members.
Section 14. Filing and Recording. Upon execution by all the parties hereto, this
agreement shall be filed with the Secretary of State and the Dubuque County Recorder
by the City of Dubuque and may be filed with the State of Illinois and Jo Davies County,
Illinois by the City of East Dub que Fire Department.
City of East Dubuque, Iliinoij
By: 6( Date:
Attest:
City of ❑ubuq e
50 West 13fh reet, Dubuque, IA 52001
By:_
Date:
Date: d / 16 /4� I
J
Attest: 1�.-�- V. - Date:
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ATTACHMENT: Exhibit A
INSURANCE SCHEDULE J
1. Citv of East Dubuque shall furnish a signed certificate of insurance to the City of
Dubuque, lowa for the coverage required in Exhibit I prior to commencing work and at the end of
the project if the term of work is longer than 60 days. Contractors presenting annual certificates
shall present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the lowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget. Each certificate shall include a
statement under Description of Operations as to why the certificate was issued.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of
these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance
shall be considered a material breach of this agreement.
5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.
Contractors agree that they shall be liable for the failure of a subconsultant and sub-
subconsultant to obtain and maintain such coverages. The City may request a copy of such
certificates from the Contractor.
6. All required endorsements shall be attached to certificate of insurance.
7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or
an equivalent form may be substituted if approved by the Director of Finance and Budget and
subject to the contractor identifying and listing in writing all deviations and exclusions from the
ISO form.
8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law
or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the
required minimum limits then the provider's limits shall be this agreement's required limits.
9. Contractor shall be responsible for deductibles and self-insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
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INSURANCE SCHEDULE J (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or business owners form BP 00 02, shall be clearly
identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
4) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 26.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
B) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non-owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
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INSURANCE SCHEDULE J (continued)
If, by lowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the lowa
Workers' Compensation Insurance Commissioner, as required by lowa Code Section
87.22. Completed form must be attached.
D) UMBRELLA/EXCESS LIABILITY $1,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
E) PROFESSIONAL LIABILITY $1,000,000
If the required policy provides claims-made coverage:
1) The Retroactive Date must be shown and must be before the date of the
agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or services.
3) If coverage is canceled or non-renewed and not replaced with another claims-
made policy form with a Retroactive Date prior to the date of the agreement, the
contractor must provide"extended reporting" coverage for a minimum of five (5)
years after completion of the work or services.
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PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, lowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, lowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
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