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Fire Cost Recovery OrdinanceCity of Dubuque City Council ACTION ITEMS # 2. Copyrighted July 20, 2026 ITEM TITLE: Fire Cost Recovery Ordinance SUMMARY: Assistant City Attorney providing a Fire Cost Recovery Ordinance for consideration, which was refined per City Council direction at the May 18, 2026, meeting. ORDINANCE Amending The City Of Dubuque Code Of Ordinances, Title 7, Chapter 2, Section 2, By Repealing Said Section And Enacting A New Section In Lieu Thereof Relating To The Recovery Of Fire Department Mitigation Costs SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. 20260715_Memo_to_Council_Fire_Cost_Recovery_Ordinance_FI NAL+attach 2. Staff Memo DFD-Fire Cost Recovery Billing Ordinance- Updated July 15, 2026 3. 20260715_Fi re_Cost_Recovery_Ordinance_FI NAL_v3 4. Fire Cost Recovery Contract Page 985 of 1061 THE COF Dubuque hrftyl DtUB AII•Amerin Ciq scir vax I I Masterpiece on the Mississippi YP pp Z°°�.° 13 2oi7*20*2oi9 TO: Council FROM: Jason Lehman, Assistant CityAtto DATE: July 15, 2026 RE: Fire Cost Recovery Ordinance Revisions Purpose At the May 18, 2026 meeting, Council discussed a proposed Fire Cost Recovery Ordinance and requested that address several specific questions, refine the ordinance, and bring the ordinance back for consideration at a future meeting. This memorandum explains the changes made in the revised draft and how each addresses the questions Council raised. A section -by -section comparison of the May 18 draft against the revised draft is attached, along with the revised ordinance. Summary of Changes The revised draft keeps the same basic cost -recovery framework but adds a set of protections for residents and clarifies when the City will and will not pursue individuals. The main changes are: • Added a policy statement in the Purpose section directing recovery primarily to insurance and away from individual residents. • Added a new Subsection D (Limitation on Cost Recovery and Collection) that limits recovery from an individual to available insurance, bars pursuit of personal assets absent aggravating conduct, waives charges where no insurance exists, and excludes routine 911 medical/ambulance response. • Added three new defined terms (Aggravating Circumstance, Covered Incident, and Owner - Occupied Residence) to make those limits precise. • Clarified billing provisions and a homestead carve -out barring liens against an owner -occupied home absent aggravating conduct. 1. Recovery will be directed to insurance; residents will not be pursued personally absent an Aggravating Circumstance. Several members observed that the prior draft's broad "Responsible Parry" language appeared to permit billing individuals directly. The revised draft includes a new Subsection D which provides that, where a Responsible Party is a natural person (a living human being), the City's recovery is limited to available insurance proceeds and the City will not pursue that person's personal assets (whether by civil action, collections, credit reporting, garnishment, or lien), except in narrowly defined aggravating situations. 2. Aggravating Circumstance is narrowly defined. The revised draft limits an Aggravating Circumstance to intentional, reckless, or grossly negligent conduct; an offense for which Iowa law authorizes emergency -response restitution (such as OWI Page 986 of 1061 Page 2 of 2 under Iowa Code § 321J.2) or a criminal offense of serious -misdemeanor level or greater; conduct in the course of a business enterprise; or a court order of restitution. Traffic citations, on their own, do not qualify. 3. Homeowners are protected; no lien against a family home for an ordinary accident. The revised draft defines an Owner -Occupied Residence (a one- or two-family homestead) and provides that costs maynot be assessed against a natural person for an ordinary, non -culpable accident at their home, and no lien or property -tax certification may attach to an Owner -Occupied Residence unless an Aggravating Circumstance is present. 4. Calling 911 for a medical emergency will not generate a bill under this ordinance. Responding to the concern that residents might hesitate to call for an ambulance, the revised draft expressly states that the ordinance does not apply to routine emergency medical response or ambulance transport, which are handled under the City's separate ambulance billing ordinance, and that nothing in this ordinance authorizes billing an individual for requesting emergency medical assistance. 5. Why the ordinance retains broad recovery language and a hardship waiver. Council asked why language permitting recovery from "any Responsible Parry," as well as a hardship waiver, are referenced in the ordinance if the intent is to bill insurance. The reason comes down to legal enforceability— the City's cannot collect from an insurer without an ordinance authorizing recovery against the Responsible Party. The revised draft keeps that authority but cabins it, so the broad tools reach an individual only where an Aggravating Circumstance exists. The hardship waiver operates as an additional backstop layered on top of these protections. 6. The "waiver on submission of insurance" provision has been clarified. Council members identified an apparent conflict between two billing provisions: one stating that any balance remained the individual's obligation, and the other appearing to waive charges once insurance was submitted. The revised language removes the contradiction and cross-references Subsection D, resulting in the City preserving its recovery rights against insurers and bad actors, while also ensuring that residents will not be billed for amounts not covered by insurance (absent an Aggravating Circumstance). Plain -language summary for residents If the Fire Department responds to a covered emergency (such as a crash, a hazardous - materials incident, or an illegal fire), the City seeks to recover its costs from applicable insurance, not from residents personally. If you carry insurance, the claim goes to your carrier and you are not billed for the balance. If you have no insurance, the charge is waived. The City pursues an individual directly only in limited situations, such as impaired driving or intentional or reckless conduct. Calling 911 for a medical emergency is never billed under this program. Page 987 of 1061 Page 1 of 3 COMPARISON OF CHANGES Fire Cost Recovery Ordinance (Dubuque Code of Ordinances § 7-2-2) May 18' draft —* July 20' draft This document summarizes how the final draft of the fire cost recovery ordinance differs from the version presented to Council on May 18, 2026. Because a new Subsection D was added, the subsection letters from Subsection D onward shifted by one; the cross-reference table below maps the old letters to the new. In the redlined language that follows, insertions are underlined and deletions are s,.uek th,.,,,,g . 1. Subsection cross-reference (letters shifted after the new Subsection D) May 18 draft Final draft Status A. Purpose A. Purpose Revised — policy statement added B. Definitions B. Definitions Expanded — 3 new terms C. Liability for Costs C. Liability for Costs Unchanged — (none) — D. Limitation on Cost Recovery and Collection NEW D. Schedule of Fees E. Schedule of Fees Relettered E. Billing; Insurance F. Billing; Insurance Revised (¶4—¶5) F. Claims Administration G. Claims Administration Relettered G. Motor Vehicle Incidents H. Motor Vehicle Incidents Relettered H. Billing; Collection I. Billing; Collection Relettered I. Special Assessment; Lien J. Special Assessment; Lien Revised — homestead carve -out J. Administrative Appeal K. Administrative Appeal Relettered K. Hardship Waiver L. Hardship Waiver Relettered L. Other Remedies M. Other Remedies Relettered M. Exhibit A (incorporation) N. Exhibit A (incorporation) Relettered 2. Substantive changes (redlined) A. PURPOSE: Policy Statement Added ... in order to reduce the financial burden on taxpayers. It is the policy of the City that cost recovery under this section be directed primarily to available insurance coverage, and that these provisions be administered so as to avoid imposing the cost of routine emergency response upon individual residents, consistent with the limitations set forth in this section. B. DEFINITIONS: Three New Defined Terms (+ list re -alphabetized) Three definitions were added to support the new resident protections. The remaining definitions are unchanged in substance and were placed in alphabetical order. Aggravating Circumstance means anv of the followina with respect to a Resnonsible Partv who is a natural person: (a) the Incident arose from the pgM's intentional, reckless, or grossly negligent act or omission; (b) the Incident arose from an offense for which emergency -response restitution or cost recovery is expressly authorized under Iowa law, including Iowa Code section 321J.2, or from a criminal offense charged as a serious misdemeanor or ,greater; (c) the party was acting in the course Page 988 of 1061 Page 2 of 3 of a commercial, industrial, or other business enterprise; or (d) a court of competent jurisdiction has ordered payment or restitution. A simple misdemeanor or scheduled traffic violation shall not, standing alone, constitute an Aggravating Circumstance. Covered Incident means an Incident within one or more of the following categories, and the cost - recovery provisions provisions of this section shall apply only to a Covered Incident: (a) a motor vehicle Incident; (b) a release or threatened release of hazardous materials; (c) an Incident arising from a violation of law, includingan n illegal fire or a violation of a burn ban or permit requirement; (d) an Incident caused by the intentional, reckless, or grossly negligent act or omission of a Responsible Party; (e) an Incident involving a Responsible Party acting in the course of a commercial, industrial, or other business enterprise; or (f) an Incident for which liability insurance coverage applicable to the Incident is nvaiInhIe Owner -Occupied Residence means a one- or two-family dwelling that is owned by, and is the primarX residence of, the natural person against whom Mitigation Costs would otherwise be assessed, and that Qualifies, or would qualify, as a homestead under Iowa law. D. LIMITATION ON COST RECOVERY AND COLLECTION: New Subsection Added This new subsection is the core of the resident protections. It caps recovery from individuals at available insurance, bars pursuit of personal assets absent an Aggravating Circumstance, waives charges where no insurance exists, and excludes routine EMS. 1. Notwithstanding_any other provision of this section, the cost -recovery provisions of this section apply only to a Covered Incident. The City shall not assess or collect Mitigation Costs from a natural person for Emergency Services provided at that person's Owner -Occupied Residence where the Incident resulted from ordinary accident or ordinary negligence and no Aggravating Circumstance exists. 2. Where a Responsible Party is a natural person, the City's recovery of Mitigation Costs shall be limited to the proceeds of an gpplicable insurance coverage, and the City shall not pursue the personal assets of such party, including by civil action, referral to a collection agency, credit reporting, wage garnishment, or lien, except where an Aggravating Circumstance exists. 3. Where no applicable insurance coverage exists and no Aggravating Circumstance applies, Mitigation Costs assessed against a natural person shall be waived. 4. Nothing in this section limits the City's recovery of Mitigation Costs from any applicable insurance carrier, from anResponsible Party that is not a natural person, or from a Responsible Party whose conduct falls within an exception stated in this section. 5. This section shall not apply to, and no Mitigation Costs shall be assessed under this section for, routine emergency medical response or ambulance transport, which are governed exclusively by the City's separate ambulance billing ordinance. Nothing in this section authorizes billing an individual for requesting emergency medical assistance. F. BILLING; INSURANCE: ¶4 and ¶5 clarified ¶4 (remaining -balance clause): Insurance proceeds shall be credited to the outstanding balance; any remaining amount shall remain the obligation of the Responsible Party, subject to the limitations of subsection D and the hardship waiver provisions of Subsection L. Page 989 of 1061 Page 3 of 3 ¶5 (insurance -submission clause): Except as otherwise provided in the limitations of subsection D or the hardship waiver provisions of subsection L, submission of a claim to insurance shall not operate as a waiver of any charges or otherwise limit the City's ability to pursue full cost recovery. The original ¶5 read that submission of an insurance claim "shall operate as a waiver," which was internally inconsistent with ¶4. The revision inserts "not," preserving the City's recovery right against insurers and bad actors, and cross-references Subsection D so that a resident is not pursued for any balance, absent an Aggravating Circumstance. J. SPECIAL ASSESSMENT; LIEN: homestead carve -out added ... assessed as a lien against such real property. This subsection shall not apply to, and no unpaid Mitigation Costs shall be certified to the county treasurer or assessed as a lien against an Owner - Occupied Residence, except where an Aggravating Circumstance exists. 3. Exhibit A: rate schedule cleanup The rate schedule was cleaned up; the rate levels themselves are materially unchanged except: • Truck rate conformed to $794.00 $732.00 per hour throughout (a prior internal inconsistency). • Illegal Fires (Section 5) now states the engine/truck rates directly ($585 / $732) rather than cross- referencing a removed "standard fire response" section. • "D.A.R.T." spelled out as disaster assistance recovery team (Water Incidents, Level 3). • HAZMAT and Water Incident levels relabeled (A/B/C/D) for consistency; a Level 4 itemized -billing (UCR) option added to Water Incidents. • Minor label and formatting corrections. Page 990 of 1061 Prepared by Jason Lehman, Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 ORDINANCE NO. 30-26 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 7, CHAPTER 2, SECTION 2, BY REPEALING SAID SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF RELATING TO THE RECOVERY OF FIRE DEPARTMENT MITIGATION COSTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. REPEAL AND REPLACEMENT. Title 7, Chapter 2, Section 2 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: 7-2-2: RECOVERY OF FIRE DEPARTMENT MITIGATION COSTS. A. PURPOSE. The purpose of this section is to provide for the recovery of costs incurred by the City when its Fire Department responds to Incidents requiring Emergency or Non - Emergency Services, and to allocate such costs to those persons or entities responsible for causing or contributing to such Incidents, in order to reduce the financial burden on taxpayers. It is the policy of the City that cost recovery under this section be directed primarily to available insurance coverage, and that these provisions be administered so as to avoid imposing the cost of routine emergency response upon individual residents, consistent with the limitations set forth in this section. B. DEFINITIONS. For purposes of this section, the following terms shall have the meanings indicated: 1. Aggravating Circumstance means any of the following with respect to a Responsible Party who is a natural person: (a) the Incident arose from the party's intentional, willful, wanton, or reckless act or omission; (b) the Incident arose from an offense for which emergency -response restitution or cost recovery is expressly authorized under Iowa law, such as Iowa Code section 321 J.2(13) or in conjunction with a criminal offense charged as a serious misdemeanor or greater; (c) the party was acting in the course of a commercial, industrial, or other business enterprise; or (d) a court of competent jurisdiction has ordered payment or restitution. A simple Page 1 of 10 misdemeanor or scheduled traffic violation shall not, standing alone, constitute an Aggravating Circumstance. 2. Covered Incident means an Incident within one or more of the following categories, and the cost -recovery provisions of this section shall apply only to a Covered Incident: (a) a motor vehicle Incident; (b) a release or threatened release of hazardous materials; (c) an Incident arising from a violation of law, including an illegal fire or a violation of a burn ban or permit requirement; (d) an Incident caused by the intentional, willful, wanton, or reckless act or omission of a Responsible Party; (e) an Incident involving a Responsible Party acting in the course of a commercial, industrial, or other business enterprise; or (f) any other Incident for which liability insurance coverage applicable to the Incident is available. 3. Emergency Services means fire suppression, rescue, emergency medical response, hazardous materials response, and other services provided by the Fire Department in response to an Incident. 4. Incident means any occurrence to which the Fire Department responds in the performance of its duties. 5. Mitigation Costs means the reasonable costs incurred by the City for personnel, equipment, materials, administrative expenses, and any contracted services associated with responding to and mitigating an Incident. 6. Non -Emergency Services means services provided by the Fire Department that do not involve an immediate threat to life or property but require the use of personnel, equipment, or resources. 7. Owner -Occupied Residence means a one- or two-family dwelling that is owned by, and is the primary residence of, the natural person against whom Mitigation Costs would otherwise be assessed, and that qualifies, or would qualify, as a homestead under Iowa law. 8. Responsible Party means any person, firm, corporation, or other entity whose act or omission caused or contributed to an Incident. C. LIABILITY FOR COSTS. 1. Each Responsible Party shall be liable to the City for Mitigation Costs incurred by the Fire Department in responding to an Incident, to the extent such party caused or contributed to the occurrence of the Incident. 2. Liability shall be joint and several where more than one Responsible Party exists. D. LIMITATION ON COST RECOVERY AND COLLECTION. 1. Notwithstanding any other provision of this section, the cost -recovery provisions of this section apply only to a Covered Incident. The City shall Page 2 of 10 not assess or collect Mitigation Costs from a natural person for Emergency Services or Non -Emergency Services provided at that person's Owner - Occupied Residence where the Incident resulted from ordinary accident or ordinary negligence and no Aggravating Circumstance exists. 2. Where a Responsible Party is a natural person, the City's recovery of Mitigation Costs shall be limited to the proceeds of any applicable insurance coverage, and the City shall not pursue the personal assets of such party, including by civil action, referral to a collection agency, credit reporting, wage garnishment, or lien, except where an Aggravating Circumstance exists. 3. Where no applicable insurance coverage exists and no Aggravating Circumstance applies, Mitigation Costs assessed against a natural person shall be waived. 4. Nothing in this section limits the City's recovery of Mitigation Costs from any applicable insurance carrier, from any Responsible Party that is not a natural person, or from a Responsible Party whose conduct falls within an exception stated in this section. 5. This section shall not apply to, and no Mitigation Costs shall be assessed under this section for, routine emergency medical response or ambulance transport, which are governed exclusively by the City's separate ambulance billing ordinance. Nothing in this section authorizes billing an individual for requesting emergency medical assistance. E. SCHEDULE OF FEES. 1. Mitigation Costs shall be assessed in accordance with the Fire Department Mitigation Rate Schedule, attached hereto as Exhibit A. F. BILLING; INSURANCE. 1. The City may bill Mitigation Costs: a. Directly to any Responsible Party; b. To any applicable insurance carrier; and/or C. Through a third -party claims administrator. 2. Responsible Parties shall, upon request, provide complete and accurate insurance information, including policy numbers and carrier contact information. 3. The City is authorized to pursue recovery from any available insurance coverage, including but not limited to automobile, liability, and property insurance. 4. Insurance proceeds shall be credited to the outstanding balance; any remaining amount shall remain the obligation of the Responsible Party, subject to the limitations of Subsection D and the hardship waiver provisions of Page 3 of 10 Subsection L. 5. Except as otherwise provided in the limitations of Subsection D or the hardship waiver provisions of Subsection L, submission of a claim to insurance shall not operate as a waiver of any charges or otherwise limit the City's ability to pursue full cost recovery. 6. To the extent permitted by applicable law, Mitigation Costs may be recovered regardless of fault, where and to the extent insurance coverage applies to the Incident. G. CLAIMS ADMINISTRATION. 1. The City may contract with a third -party claims administrator to assist with: a. Billing and invoicing; b. Insurance claim submission and follow-up; C. Documentation of services rendered; d. Collection of Mitigation Costs; and e. Customer service related to billing inquiries. 2. Any such administrator shall act on behalf of the City and in accordance with this Code of Ordinances, other applicable law, and the terms of any agreement approved by the City. 3. The City may authorize the claims administrator to: a. Submit claims directly to insurance carriers; b. Receive payments from insurers; and C. Coordinate with Responsible Parties regarding billing matters. 4. Compensation to a claims administrator may be structured on a contingency or fee -for -service basis, as approved by the City, and may be paid from recovered proceeds. 5. The use of a claims administrator shall not: a. Relieve any Responsible Party of liability; b. Limit the City's authority to pursue collection by other lawful means; or C. Affect the availability of administrative appeal rights under this section. 6. All records related to Mitigation Cost recovery shall remain the property of the City, subject to applicable public records laws. H. MOTOR VEHICLE INCIDENTS. 1. In the case of motor vehicle Incidents, Mitigation Costs may be billed to: a. Any Responsible Party; and/or b. The insurer of any vehicle involved. 2. It is the intent of the City that recovery for motor vehicle Incidents be directed primarily to insurance coverage when available. Page 4 of 10 I. BILLING; COLLECTION. 1. Payment shall be due within the time stated on the invoice. 2. Delinquent accounts may be recovered by any lawful means, including: a. Civil actions; b. Collection agencies; C. Use of a claims administrator; d. Intercept of insurance proceeds; and/or e. Any other method authorized by applicable law. J. SPECIAL ASSESSMENT; LIEN. To the extent permitted by applicable law and where the Incident is connected to real property owned by a Responsible Party, any unpaid Mitigation Costs may be certified to the county treasurer and collected in the same manner as a property tax or assessed as a lien against such real property. This subsection shall not apply to, and no unpaid Mitigation Costs shall be certified to the county treasurer or assessed as a lien against an Owner -Occupied Residence, except where an Aggravating Circumstance exists. K. ADMINISTRATIVE APPEAL. 1. A Responsible Party may appeal the imposition or amount of Mitigation Costs by filing a written appeal with the City Manager or designee within thirty (30) days of the date of the invoice. 2. The appeal shall include: a. The appellant's name and contact information; b. The invoice number; C. A statement of the grounds for appeal; and d. Any supporting documentation. 3. The City Manager or designee may request additional information or conduct an informal hearing. 4. The City Manager or designee shall review the submitted information and issue a written decision affirming, modifying, or waiving the charges. 5. The decision shall constitute final administrative action. L. HARDSHIP WAIVER. 1. The City Manager or designee may reduce or waive Mitigation Costs upon a showing of undue financial hardship or other equitable considerations. 2. In determining whether a hardship exists, the City may consider: a. The financial resources of the Responsible Party; b. Whether and to what extent insurance coverage is available; C. The nature and severity of the Incident; d. Whether the Incident was accidental or beyond the reasonable Page 5 of 10 control of the Responsible Party; and C. Any other factors deemed relevant to fairness and equity. 3. A request for hardship waiver may be submitted as part of an appeal or as a separate written request. M. OTHER REMEDIES. The remedies provided in this section are cumulative and do not limit the City's authority to recover costs under any other provision of law. N. RATE SCHEDULE; ANNUAL ADJUSTMENT. The Fire Department Mitigation Rate Schedule attached as Exhibit A is hereby adopted and incorporated by reference. Said schedule establishes standardized billing levels and itemized rate options for Fire Department services. The rates listed in Exhibit A shall be adjusted by a percentage equal to the annual change in the Consumer Price Index. The adjusted rates shall be effective July 1, 2027, and each July 1 thereafter, as provided below: 1. Index Used. The adjustment shall be based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items (1982-84 = 100), as published by the U.S. Bureau of Labor Statistics or its successor entity. 2. Calculation Method. The percentage change shall be calculated by comparing the most recently published CPI-U index for the April preceding the adjustment date to the CPI-U index for the same month in the immediately preceding year. 3. Adjustment Application. The resulting percentage increase shall be applied to the then -current rates, and the adjusted amounts shall become effective on July 1. 4. Deflation. In the event the CPI-U reflects a negative percentage change, rates shall be adjusted downward consistent with the percentage decrease. 5. Rounding. Adjusted amounts shall be rounded to the nearest dollar. 6. Publication Delay. If the CPI-U for the applicable month is not published at the time of calculation, the most recently available index shall be used, with a true -up applied upon publication, if necessary. Page 6 of 10 Section 2. SEVERABILITY. If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions. Section 3. EFFECTIVE DATE. This ordinance shall take effect upon publication. Passed, approved, and adopted this 20th day of July, 2026. Attest: Adrienne N. Breitfelder, City Clerk Brad M. Cavanagh, Mayor Page 7 of 10 THE CITY OF DUiB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Amy Scheller, Fire Chief SUBJECT: Fire Cost Recovery Billing Ordinance- Updated DATE: July 15, 2026 INTRODUCTION: Dubuque *AmiMoa as >mxm�cnx _ie 2007*2012-2013 2017*2019 The purpose of this memorandum is to request approval to advance a Fire Cost Recovery Ordinance for City Council consideration. Establishing this ordinance is a needed step in creating the legal and administrative framework necessary to recover eligible costs associated with specific fire emergency response incidents, including motor vehicle accidents, hazardous materials incidents, vehicle fires, specialized rescue responses, and other eligible emergency mitigation activities where recovery from a responsible party or insurer is permitted. This request is directly connected to prior operational and staffing discussions presented to the City Manager and City Council during late 2025 regarding firefighter staffing enhancements, minimum staffing improvements, and the department's long- term financial sustainability strategy. As outlined in the October 17, 2025 memorandum regarding ambulance billing adjustments and firefighter staffing increases, the Fire Department identified three primary funding strategies intended to assist in supporting future personnel and operational costs: (1) modernization of ambulance billing rates utilizing the annual GEMT cost reporting methodology, (2) implementation of a Fire Cost Recovery billing program, and (3) negotiated contractual savings associated with the department's Public Consulting Group (PCG) service agreement. The proposed Fire Cost Recovery Billing Ordinance directly aligns with Funding Strategy #2 and represents the formal mechanism necessary to implement a structured Fire Cost Recovery billing program within the City of Dubuque. The department previously communicated that these combined financial strategies were intended to support additional firefighter staffing requests associated with improving minimum staffing levels, increasing operational resiliency, and strengthening frontline emergency response capabilities. These discussions also included the department's intent to pursue a Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant to assist with a portion of future personnel costs to support the long-term sustainability of those positions following conclusion of the federal grant period. Page 1000 of 1061 The department's FY2027 staffing plan included a request for nine additional firefighter positions intended to further improve minimum staffing levels, increase operational capacity, and strengthen emergency response reliability throughout the community. These positions are contingent upon the successful award of a FEMA SAFER Grant, which would provide critical federal assistance during the initial implementation period while allowing the department to implement the billing strategies and City to evaluate long-term sustainability through the operational and revenue strategies previously identified. DISCUSSION: In October 2025, the Dubuque Fire Department presented a long-term financial sustainability strategy intended to support future operational needs, minimum staffing improvements, and enhanced emergency response capabilities throughout the community. The strategy identified three primary components including modernization of ambulance billing rates utilizing the annual GEMT cost reporting methodology, implementation of a Fire Cost Recovery billing program, and negotiated operational savings associated with the department's Public Consulting Group (PCG) contract. Since that time, the department has implemented the ambulance billing modifications and previously completed the negotiated PCG contract adjustments discussed. The department is now advancing the remaining component of the strategy through implementation of the proposed Fire Cost Recovery program and associated ordinance structure. To support implementation of the Fire Cost Recovery initiative, the City completed a formal Request for Proposal (RFP) process to identify a qualified vendor capable of providing billing administration, reporting, claims management, and insurance recovery support services associated with municipal fire cost recovery operations. A review process involving representatives from the Fire Department, City Legal, and Finance Departments was conducted, resulting in the selection of Fire Recovery USA as the preferred vendor for the program. Following the vendor selection process, the Fire Department worked collaboratively with the City Attorney's Office and City Legal staff to develop proposed ordinance language utilizing recommendations and industry best practices associated with Fire Cost Recovery programs. The proposed ordinance establishes the legal authority necessary to administer the program, define eligible incidents and services, and formally adopt the associated mitigation and response fee schedule applicable to eligible emergency incidents. As an industry best practice, mitigation and response fees are recommended to be specifically identified within the ordinance itself. Incorporating the fee schedule directly into the ordinance improves transparency, establishes clear local authority, supports administrative consistency, and strengthens the City's ability to recover eligible costs 2 Page 1001 of 1061 from insurance carriers and responsible parties. This approach is commonly utilized by municipalities administering Fire Cost Recovery programs and ensures the fees are formally adopted through the public ordinance process. During the first presentation of the fire cost recovery ordinance council made a request to clarify several areas of the ordinance which city legal has completed. The fire cost recovery updated ordinance is requested to be presented for continued discussion and approval. RECOMMENDATION: It is respectfully requested that approval to submit an updated Fire Cost Recovery Ordinance, including the associated fee schedule, for City Council review and consideration. This action will provide the necessary structure to move forward with implementation of the program in an organized and legally supported manner. CC Jenny Larson Laura Bendorf Sam Janecke Crenna Brumwell Jason Lehman 3 Page 1002 of 1061 Dawn March Joe Pregler Page 1003 of 1061 ORDINANCE NO. -26 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 7, CHAPTER 2, SECTION 2, BY REPEALING SAID SECTION AND ENACTING A NEW SECTION IN LIEU THEREOF RELATING TO THE RECOVERY OF FIRE DEPARTMENT MITIGATION COSTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. REPEAL AND REPLACEMENT. Title 7, Chapter 2, Section 2 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof- 7-2-2: RECOVERY OF FIRE DEPARTMENT MITIGATION COSTS. A. PURPOSE. The purpose of this section is to provide for the recovery of costs incurred by the City when its Fire Department responds to Incidents requiring Emergency or Non -Emergency Services, and to allocate such costs to those persons or entities responsible for causing or contributing to such Incidents, in order to reduce the financial burden on taxpayers. It is the policy of the City that cost recovery under this section be directed primarily to available insurance coverage, and that these provisions be administered so as to avoid imposing the cost of routine emergency response upon individual residents, consistent with the limitations set forth in this section. B. DEFINITIONS. For purposes of this section, the following terms shall have the meanings indicated: 1. Aggravating Circumstance means any of the following with respect to a Responsible Party who is a natural person: (a) the Incident arose from the party's intentional, willful, wanton, or reckless act or omission; (b) the Incident arose from an offense for which emergency -response restitution or cost recovery is expressly authorized under Iowa law, such as Iowa Code section 321J.2(13) or in conjunction with a criminal offense charged as a serious misdemeanor or greater; (c) the party was acting in the course of a commercial, industrial, or other business enterprise; or (d) a court of competent jurisdiction has ordered payment or restitution. A simple misdemeanor or scheduled traffic violation shall not, standing alone, constitute an Aggravating Circumstance. 2. Covered Incident means an Incident within one or more of the following categories, and the cost -recovery provisions of this section shall apply only to a Covered Incident: (a) a motor vehicle Incident; (b) a release or threatened release of hazardous materials; (c) an Incident arising from a violation of law, including an illegal fire or a violation of a Page 1 of 9 Page 1004 of 1061 burn ban or permit requirement; (d) an Incident caused by the intentional, willful, wanton, or reckless act or omission of a Responsible Party; (e) an Incident involving a Responsible Party acting in the course of a commercial, industrial, or other business enterprise; or (� any other Incident for which liability insurance coverage applicable to the Incident is available. 3. Emergency Services means fire suppression, rescue, emergency medical response, hazardous materials response, and other services provided by the Fire Department in response to an Incident. 4. Incident means any occurrence to which the Fire Department responds in the performance of its duties. 5. Mitigation Costs means the reasonable costs incurred by the City for personnel, equipment, materials, administrative expenses, and any contracted services associated with responding to and mitigating an Incident. 6. Non -Emergency Services means services provided by the Fire Department that do not involve an immediate threat to life or property but require the use of personnel, equipment, or resources. 7. Owner -Occupied Residence means a one- or two-family dwelling that is owned by, and is the primary residence of, the natural person against whom Mitigation Costs would otherwise be assessed, and that qualifies, or would qualify, as a homestead under Iowa law. S. Rcrponsible Party means any person, firm, corporation, or other entity whose act or omission caused or contributed to an Incident. C. LIABILITY FOR COSTS. 1. Each Responsible Party shall be liable to the City for Mitigation Costs incurred by the Fire Department in responding to an Incident, to the extent such party caused or contributed to the occurrence of the Incident. 2. Liability shall be joint and several where more than one Responsible Party exists. D. LIMITATION ON COST RECOVERY AND COLLECTION. 1. Notwithstanding any other provision of this section, the cost -recovery provisions of this section apply only to a Covered Incident. The City shall not assess or collect Mitigation Costs from a natural person for Emergency Services or Non -Emergency Services provided at that person's Owner -Occupied Residence where the Incident resulted from ordinary accident or ordinary negligence and no Aggravating Circumstance exists. 2. Where a Responsible Party is a natural person, the City's recovery of Mitigation Costs shall be limited to the proceeds of any applicable insurance coverage, and the City shall not pursue the personal assets of such party, including by civil action, referral to a collection agency, credit reporting, wage garnishment, or lien, except where an Aggravating Circumstance exists. 3. Where no applicable insurance coverage exists and no Aggravating Circumstance Page 2 of 9 Page 1005 of 1061 applies, Mitigation Costs assessed against a natural person shall be waived. 4. Nothing in this section limits the City's recovery of Mitigation Costs from any applicable insurance carrier, from any Responsible Party that is not a natural person, or from a Responsible Party whose conduct falls within an exception stated in this section. 5. This section shall not apply to, and no Mitigation Costs shall be assessed under this section for, routine emergency medical response or ambulance transport, which are governed exclusively by the City's separate ambulance billing ordinance. Nothing in this section authorizes billing an individual for requesting emergency medical assistance. E. SCHEDULE OF FEES. 1. Mitigation Costs shall be assessed in accordance with the Fire Department Mitigation Rate Schedule, attached hereto as Exhibit A. F. BILLING; INSURANCE. 1. The City may bill Mitigation Costs: a. Directly to any Responsible Party; b. To any applicable insurance carrier; and/or C. Through a third -party claims administrator. 2. Responsible Parties shall, upon request, provide complete and accurate insurance information, including policy numbers and carrier contact information. 3. The City is authorized to pursue recovery from any available insurance coverage, including but not limited to automobile, liability, and property insurance. 4. Insurance proceeds shall be credited to the outstanding balance; any remaining amount shall remain the obligation of the Responsible Party, subject to the limitations of Subsection D and the hardship waiver provisions of Subsection L. 5. Except as otherwise provided in the limitations of Subsection D or the hardship waiver provisions of Subsection L, submission of a claim to insurance shall not operate as a waiver of any charges or otherwise limit the City's ability to pursue full cost recovery. 6. To the extent permitted by applicable law, Mitigation Costs may be recovered regardless of fault, where and to the extent insurance coverage applies to the Incident. G. CLAIMS ADMINISTRATION. 1. The City may contract with a third -party claims administrator to assist with: a. Billing and invoicing; b. Insurance claim submission and follow-up; C. Documentation of services rendered; d. Collection of Mitigation Costs; and e. Customer service related to billing inquiries. 2. Any such administrator shall act on behalf of the City and in accordance with this Code of Ordinances, other applicable law, and the terms of any agreement approved by the Page 3 of 9 Page 1006 of 1061 City. 3. The City may authorize the claims administrator to: a. Submit claims directly to insurance carriers; b. Receive payments from insurers; and C. Coordinate with Responsible Parties regarding billing matters. 4. Compensation to a claims administrator may be structured on a contingency or fee -for - service basis, as approved by the City, and may be paid from recovered proceeds. 5. The use of a claims administrator shall not: a. Relieve any Responsible Party of liability; b. Limit the City's authority to pursue collection by other lawful means; or C. Affect the availability of administrative appeal rights under this section. 6. All records related to Mitigation Cost recovery shall remain the property of the City, subject to applicable public records laws. H. MOTOR VEHICLE INCIDENTS. 1. In the case of motor vehicle Incidents, Mitigation Costs may be billed to: a. Any Responsible Party; and/or b. The insurer of any vehicle involved. 2. It is the intent of the City that recovery for motor vehicle Incidents be directed primarily to insurance coverage when available. I. BILLING; COLLECTION. 1. Payment shall be due within the time stated on the invoice. 2. Delinquent accounts may be recovered by any lawful means, including: a. Civil actions; b. Collection agencies; C. Use of a claims administrator; d. Intercept of insurance proceeds; and/or e. Any other method authorized by applicable law. J. SPECIAL ASSESSMENT; LIEN. To the extent permitted by applicable law and where the Incident is connected to real property owned by a Responsible Party, any unpaid Mitigation Costs may be certified to the county treasurer and collected in the same manner as a property tax or assessed as a lien against such real property. This subsection shall not apply to, and no unpaid Mitigation Costs shall be certified to the county treasurer or assessed as alien against an Owner -Occupied Residence, except where an Aggravating Circumstance exists. K. ADMINISTRATIVE APPEAL. 1. A Responsible Party may appeal the imposition or amount of Mitigation Costs by filing a written appeal with the City Manager or designee within thirty (30) days of the date of the invoice. Page 4 of 9 Page 1007 of 1061 2. The appeal shall include: a. The appellant's name and contact information; b. The invoice number; C. A statement of the grounds for appeal; and d. Any supporting documentation. 3. The City Manager or designee may request additional information or conduct an informal hearing. 4. The City Manager or designee shall review the submitted information and issue a written decision affirming, modifying, or waiving the charges. 5. The decision shall constitute final administrative action. L. HARDSHIP WAIVER. 1. The City Manager or designee may reduce or waive Mitigation Costs upon a showing of undue financial hardship or other equitable considerations. 2. In determining whether a hardship exists, the City may consider: a. The financial resources of the Responsible Party; b. Whether and to what extent insurance coverage is available; C. The nature and severity of the Incident; d. Whether the Incident was accidental or beyond the reasonable control of the Responsible Party; and e. Any other factors deemed relevant to fairness and equity. 3. A request for hardship waiver may be submitted as part of an appeal or as a separate written request. M. OTHER REMEDIES. The remedies provided in this section are cumulative and do not limit the City's authority to recover costs under any other provision of law. N. RATE SCHEDULE; ANNUAL ADJUSTMENT. The Fire Department Mitigation Rate Schedule attached as Exhibit A is hereby adopted and incorporated by reference. Said schedule establishes standardized billing levels and itemized rate options for Fire Department services. The rates listed in Exhibit A shall be adjusted by a percentage equal to the annual change in the Consumer Price Index. The adjusted rates shall be effective July 1, 2027, and each July 1 thereafter, as provided below: Page 5 of 9 Page 1008 of 1061 1. Index Used. The adjustment shall be based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, All Items (1982-84 = 100), as published by the U.S. Bureau of Labor Statistics or its successor entity. 2. Calculation Method. The percentage change shall be calculated by comparing the most recently published CPI-U index for the April preceding the adjustment date to the CPI-U index for the same month in the immediately preceding year. 3. Adjustment Application. The resulting percentage increase shall be applied to the then -current rates, and the adjusted amounts shall become effective on July 1. 4. Deflation. In the event the CPI-U reflects a negative percentage change, rates shall be adjusted downward consistent with the percentage decrease. 5. Rounding. Adjusted amounts shall be rounded to the nearest dollar. 6. Publication Delay. If the CPI-U for the applicable month is not published at the time of calculation, the most recently available index shall be used, with a true -up applied upon publication, if necessary. Section 2. SEVERABILITY. If any provision of this ordinance is held invalid, such invalidity shall not affect other provisions. Section 3. EFFECTIVE DATE. This ordinance shall take effect upon publication. Passed, approved, and adopted this day of , 2026. Attest: Adrienne N. Breitfelder, City Clerk Brad M. Cavanagh, Mayor Page 6 of 9 Page 1009 of 1061 EXHIBIT A — FIRE DEPARTMENT MITIGATION RATE SCHEDULE Section 1. PURPOSE AND APPLICATION. This Mitigation Rate Schedule establishes standardized charges for Fire Department services. Rates reflect the average cost of providing emergency and non -emergency response services, including apparatus, personnel, equipment, and administrative overhead. All rates are presumptive billing levels. The City reserves the right to utilize itemized billing based on actual services rendered using rates deemed usual, customary, and reasonable. Section 2. GENERAL COST BASIS. Mitigation rates are calculated using apparatus amortization (useful life, maintenance, repair, replacement), total labor costs (wages, benefits, retirement, insurance, workers' compensation), equipment and material usage, and administrative and operational overhead. Section 3. MOTOR VEHICLE INCIDENTS. A. Base Response Levels 1. Level $637.00 Hazard assessment and scene stabilization (standard response). 2. Level $726.00 Includes Level 1 plus hazardous fluid containment and cleanup. 3. Level 3 (Vehicle Fire) $886.00 Includes Level 2 plus fire suppression, rescue tools, foam application, and cleanup. B. Additional Services 1. Extrication $1,915.00 Applies when specialized rescue equipment is deployed to remove trapped occupants. 2. Landing Zone $584.00 Applies when a helicopter landing zone is established or utilized. C. Itemized Billing Option Incidents may be billed per apparatus, personnel, equipment, and materials. Section 4. HAZARDOUS MATERIALS (HAZMAT). A. Level 1 (Basic) $1,029.00 Initial response, perimeter control, evacuation, and command. B. Level 2 (Intermediate) $3,673.00 Includes Level 1 plus hazmat team deployment, protective suits, breathing air, monitoring equipment, and decontamination. C. Level 3 (Advanced) $8,673.00 Includes Level 2 plus robot deployment, recovery and identification of material, disposal and clean up, and up to three (3) hours of on -scene time. Additional on -scene time is billed at $391.00 per hour per hazmat team. Page 7 of 9 Page 1010 of 1061 Section 5. ILLEGAL FIRES. Engine: $585.00 per hour Truck: $732.00 per hour Charges apply when: Fires are in violation of burn bans or regulations; or Required permits were not obtained. Liability: Responsible parties shall be liable for the actual cost of response, including labor, equipment, and associated expenses. Section 6. WATER INCIDENTS. A. Level 1 $600.00 + $72.00/hour per responder Basic response and investigation. B. Level 2 $1,205.00 + $72.00/hour per responder Includes Level 1 plus minor hazardous material cleanup. C. Level 3 $2,984.00 + $72.00/hour per responder + $140.00/hour per HAZMAT team member Includes Level 2 plus disaster assistance recovery team (e.g., D.A.R.T.) activation, specialized rescue teams, decontamination, disposal, and environmental cleanup. D. Level 4 Itemized Billing (UCR) Section 7. BACKCOUNTRY / SPECIAL RESCUE. Each Incident will be billed with custom mitigation rates deemed usual, customary and reasonable. These Incidents will be billed and itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. The minimum charge shall be $600.00 per response vehicle plus $72.00 per hour per rescue person. Section 8. COMMAND / CHIEF RESPONSE. $367.00 per hour Includes incident command, operational oversight, safety management, and administration. Section 9. ADDITIONAL TIME ON -SCENE (ALL INCIDENTS). A. Engine: $585.00 per hour B. Truck: $732.00 per hour C. Command: $367.00 per hour D. Miscellaneous Equipment: $440.00 per hour Section 10. BILLING PROVISIONS. A. The mitigation rates contained herein are average billing levels for one hour of service and are typical for the incident responses listed. Actual charges may vary based on the duration of the Incident, the personnel and apparatus(es) deployed, and the materials and equipment used. Page 8 of 9 Page 1011 of 1061 B. Average mitigation rates shall be determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and be based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (the Fire Department's actual personnel expenses and not just a firefighter's base wage). "Actual personnel expense" includes, but is not limited to, base wages; overtime; premium pays; employer -paid payroll taxes; pension and deferred compensation contributions; health, dental, and vision insurance; workers' compensation; life and disability insurance; paid leave accruals and associated backfill costs; training and certification expenses; uniform and personal protective equipment costs; and administrative overhead directly attributable to personnel. Page 9 of 9 Page 1012 of 1061 61=1 ALVAIN*T-,TCI0:1=1►yil=1011111 This Services Agreement ("Agreement") is made effective as of ("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability company ("Company"), and Dubuque Fire Department, ("Client"). The Company and Client are referred to herein individually as a "party" and collectively as the "parties." RECITALS WHEREAS, Company engages in the business of performing billing services for United States fire departments in connection with the provision of emergency services regarding motor vehicle incidents and other emergency incidents; WHEREAS, Client seeks the services of Company to assist with the billing for services that Client provides in connection with motor vehicle incidents and other emergency incidents; and WHEREAS, Company and Client desire to enter into this Agreement to memorialize their agreements regarding the Company Services to be provided to Client. NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows: ARTICLE 1 ENGAGEMENT 1.1. Engagement: Client hereby engages Company to provide the billing services described in Article 4 herein and in Scheule 1, attached hereto; collectively, the "Company Services"), and Client hereby accepts such engagement, all on the terms and conditions set forth herein. Company will determine the method, detail, and means of performing the services detailed below. ARTICLE 2 REPRESENTATIONS AND WARRANTIES 2.1. Representations and Warranties of Company: Company hereby represents and warrants to Client that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of California. 2.2. Representations and Warranties of Client: Client hereby represents and warrants to Company that, at all times during the term of this Agreement, Client is, governs, or contracts with an organized fire department established pursuant to the laws and ordinances of the state and locality in which Client is located. ARTICLE 3 COMPANY STATUS AND QUALIFICATIONS 3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will Page 1013 of 1061 not become an employee, partner, agent, or principal of Client while this Agreement is ineffect. 3.2. Payment of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Company for services rendered under this Agreement. On request, Company will provide Client with proof of timely payment. Company agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Company's failure to comply with this provision. 3.3. Use of Employees or Subcontractors: Company may, at Company's own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Client may not control, direct, or supervise Company's employees or subcontractors in the performance of those services. 3.4. Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of Client. 3.5. Ownership Interest: Company will have no ownership interest in Client. 3.6. No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Client. 3.7. Attorney -in -Fact: Client appoints Company as Client's attorney -in -fact for the following purposes: (a) Billing and Collections: To bill and collect ("Collections") all revenue earned by and due to Client, in connection with Client's provision of emergency services provided/rendered at the sites of motor vehicle incidents and other emergency incidents, as directed by Client, and to receive all Collections on Client's behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company's or Client's right to collect such amounts; and (b) Endorsement: To take possession of and endorse in Client's name any notes, checks, money orders, and any other instruments received as Collections. ARTICLE 4 GENERAL RESPONSIBILITIES OF COMPANY 4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Services under this Agreement as may be reasonably required to accomplish the tasks described herein and to accomplish the results for which the Company is responsible under this Agreement. 4.2. Company Services: Company agrees to perform the Company Services as set forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein by reference; including those additional services requested by Client and accepted in writing by the Company during the term of this Agreement. 4.3. Non -Exclusive Relationship: Company may represent, perform services for, and Page 1014 of 1061 contract with as many additional clients, persons, or companies as Company, in Company's sole discretion, sees fit. 4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses. 4.5. Materials and Equipment: Company will supply all materials and equipment required to perform the services under this Agreement. 4.6. Workers' Compensation: Company agrees to provide workers' compensation insurance for Company and Company's employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Company's employees or agents. 4.7. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of Client, which consent shall not be unreasonably withheld. ARTICLE 5 COMPENSATION OF COMPANY 5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the "List of Company Services," attached hereto as Schedule A. 5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation. ARTICLE 6 OBLIGATIONS OF CLIENT 6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company's duties under this Agreement. The Client shall be responsible for initially ensuring, and continuing to review, local and state laws in the Client's jurisdiction to assure adequate legal authority for Company to engage in the Services described herein on behalf of Client. 6.2. Assignment: Once a run is assigned to Company for processing, Company will pursue collection until all efforts have been exhausted. While Company is pursuing payment on a claim Client is precluded from assigning any duties or obligations under this Agreement to any other party, without the written consent of Company. Client may not negotiate a settlement of a run Company is processing without Company's written consent to the terms of the settlement and compensation due to Company for processing the run. Once Company has determined a run is not collectible it will either be archived and closed or sent to a collection agency (only if Client chooses to do so). Sending an account to collection incurs additional fees to Client. If payment is received from a collection agency, the amount received will be posted to Client's account by Company. Company will reimburse Client at the rate set forth in Schedule A, List of Company Services, for that particular run, minus any additional fees from the collection agency. Page 1015 of 1061 ARTICLE 7 CLIENT AUTHORIZATION 7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Client prior to performing any of the following: (a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of Client's interest in any sums owed to Client; and (b) All other limitations as stated by the terms of this Agreement. ARTICLE 8 TERMINATION OF AGREEMENT 8.1. Termination on Notice: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty (30) days' written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as of the date first set out above and shall continue for a period of one (1) year thereafter. This Agreement shall automatically renew for successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. Any runs submitted for processing to Company prior to the date of the notice of termination will continue to be processed under the terms of this Agreement. 8.2. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; (a) Bankruptcy or insolvency of either party; (b) The assignment of this Agreement by either party without the consent of the other party; the parties agree that neither party will unreasonably withhold consent to such an assignment. 8.3. Termination for Default: If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non -breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five (5) days after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following: (a) Company's failure to complete the services specified as the Company Services; (b) Client's material breach of any representation, warranty, or agreement contained in this Agreement; (c) Company's material breach of any representation, warranty, or agreement contained in this Agreement; (d) If the Client's fire department does not maintain a minimum of six (6) billable runs per year, the Client will be subject to a minimum account service fee of $250 annually or termination of the account, at either party's option. Page 1016 of 1061 ARTICLE 9 PROPRIETARY RIGHTS 9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Company's use are the sole property of Client. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Client's employees, products, services, prices, operations, and subsidiaries. Company will keep this confidential information in the strictest confidence and will not disclose it by any means to any person except with the Client's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company's employees, agents, and subcontractors. On termination of this Agreement, Company will return any confidential information in Company's possession to Client. 9.2 Confidential Information: Any written, printed, graphic, electronically or magnetically recorded information, computer -based hardware, software, applications, software scripts, or software links furnished by Company for Client's use are the sole property of Company. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Company's employees, products, services, prices, operations, and subsidiaries. Client will keep this confidential information in the strictest confidence and will not disclose it by any means to any person except with the Company's approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Client's employees, agents, and subcontractors. On termination of this Agreement, Client will return any confidential information in Client's possession to Company. 9.3 Artificial Intelligence: The Company hereby provides explicit disclosure that it incorporates Artificial Intelligence (AI) within its proprietary software to enhance and perform various aspects of the "Company Services" as defined and provided under this Agreement. This integration is made for purposes of transparency and includes Al functionalities for data processing and information extraction, such as reading and parsing incident narratives, department ordinances, and fee schedules to obtain billing information or highlight billable actions. Furthermore, Al is utilized to support invoice generation, address cleanup, and validation for data management, customer assistance and product support, and document creation. Al also assists in communication by processing phone conversations and aiding in customer correspondence via email or the Company's ticketing system and contributes to reporting and analytics. Internally, Al is employed for aspects of software development, including code creation, quality control, and product testing. The Company explicitly states its commitment to ensuring its Al practices are responsible, ethical, and subject to continuous evaluation and improvement to align with Client needs and expectations. ARTICLE 10 INDEMNIFICATION 10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and all loss, damage, liability, claims, and/or injury resulting from all negligent actions performed by the Company, or its agents on the Company's behalf, in connection with this Agreement. However, this indemnification shall not apply with respect to any legal cause, action or consequential liability or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Client nor shall it apply to any act or omission constituting negligence of theClient. Page 1017 of 1061 ARTICLE 11 GENERAL PROVISIONS 11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of Iowa, without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of Iowa). 11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties. 11.3. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however, that such party remains liable for full and total performance of its obligations hereunder. 11.4. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a Business Day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows: If to the Company to: Fire Recovery USA, LLC 2271 Lava Ridge Court, Suite 120 Roseville CA 95661 Attention: Craig Nagler If to Client to: Dubuque Fire Department 11 W 9th St. Dubuque, IA 52001 Attention: Fire Chief with a copy to: The Watkins Firm, APC 9915 Mira Mesa Boulevard, Suite 130 San Diego, CA 92131 Attention: Chris Popov, Esq. with a copy to: Dubuque City Attorney's Office 300 Main Street, Suite 330 Dubuque, IA 52001 Attention: City Attorney Page 1018 of 1061 When used in this Agreement, the term "Business Day" shall mean a day other than a Saturday, Sunday or a Federal Holiday. 11.5. Waiver; Amendments: This Agreement (i) sets forth the entire agreement of the parties respecting the subject matter hereof; (ii) supersedes any prior or contemporaneous understandings, agreements, or representations by or among the parties, whether written or oral, to the extent they relate in any way to the subject matter hereof; and (iii) may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in a writing signed by such party. 11.6. Counterparts: This Agreement may be signed in several counterparts. 11.7. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. 11.8. Disputes: The parties agree to act immediately to resolve any dispute arising with respect to this Agreement. Time is of the essence in the resolution of disputes. The parties further agree that the existence of a dispute notwithstanding, they will continue without delay to carry out all responsibilities under this Agreement which are not affected by the dispute. Venue for any action arising out of this Agreement shall be in the Iowa District Court for Dubuque County, Iowa or the Federal District Court for the Northern District of Iowa, Easten Division, and the parties hereby irrevocably consent to the jurisdiction of said courts. 11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREBY. 11.10 Cooperative Purchases: This Agreement may be used by other government agencies. Company has agreed to offer similar services to other agencies under the same or similar terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The City/County/or Client/Protection District will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchase by other agencies. Signatures on following page: Page 1019 of 1061 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. COMPANY: FIRE RECOVERY USA, LLC. a California limited liability company Signature: Name: M. Craig Nagler Title: Manager CITY OF DUBUQUE Signature: Name: Michael C. Van Milligen Title: City Manager Doc ID: cd8bc4ba4ab4b8a629489AUgOlg &f4lgA�1 SCHEDULE A LIST OF COMPANY SERVICES Company agrees to bill the responsible party on the Client's behalf for services provided/rendered during motor vehicle incidents and other emergency incidents, as directed by Client. The Mitigation Rates lists in Exhibit A will increase annually based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor. Rate adjustments will occur to keep the Client's cost recovery program in conformity with increasing operating expenses. 2. Company will provide, as a normal matter of business, entry of claims and submission to the responsible party, collections of monies deemed due to the Client, payments of the agreed upon percentage of said monies to Client, and reporting of progress. 3. Company agrees to bill to the best of its ability all claims provided to Company by the Client. 4. Company will not begin litigation against a person, entity, or insurance carrier without prior written approval by the Client. 5. Company agrees to reimburse Client a portion of the monies collected at a rate of 78% (seventy-eight percent) of the total monies collected on the Client's claims. Total monies collected will be net, after any credit card processing fees (charged at 4%) or any collection agency fees. If Client submits a claim to Company and later wants to cancel the claim, Client may be subject to a billing fee. If Client agrees to submit a claim to Company's collection agency and later wants to remove it from collection status, Client may be subject to a fee of up to 35% of the amount of the claim to compensate for efforts made to collect the claim. 6. Company agrees to pay these monies collected to the Client on a monthly basis, within seven (7) working days after the close and accounting of the monthly billing cycle. 7. Company agrees to make available reports to the Client via a password -protected website which detail billable claims outstanding (which are claims submitted, but not yet completed) and claims completed in the prior billing cycle. 8. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal procedure codes or claims submitted to Company by the Client. Page 1021 of 1061 EXHIBIT A MITIGATION RATES BASED ON PER HOUR The mitigation rates below are average "billing levels," and are typical for the incident responses listed; when a claim is submitted, however, it may be itemized based on the actual services provided. These rates are based on actual costs using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance). Labor rates include an average department's actual burdened labor costs and not just a firefighter's wage. These include wages, retirement, benefits, workers' compensation, insurance, and other labor costs. Itemized Response: Client has the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary, and reasonable (UCR). These incidents will be billed and itemized per apparatus, per personnel, plus products and equipment used. MOTOR VEHICLE INCIDENTS Level 1 - $637.00 Provide hazardous materials assessment and scene stabilization. This will be the most common "billing level". This occurs almost every time the fire department responds to an accident/incident. Level 2 - $726.00 Includes Level 1 services as well as clean-up and material used (sorbents) for hazardous fluid clean-up and contained for disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident. Level 3 — CAR FIRE - $886.00 Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident. ADD -ON SERVICES: Extrication - $1,915.00 Includes heavy rescue tools, ropes, airbags, cribbing, and related tools. This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed. Creating a Landing Zone - $584.00 Includes Air Care (multi -engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s). 19 Page 1022 of 1061 HAZMAT Level 1 - $1,029.00 Basic Response: Includes engine response, first responder assignment, perimeter establishment, evacuations, set-up, and command. Level 2 - $3,673.00 Intermediate Response: Includes engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up, command, Level A or B suit donning, breathing air, detection equipment, and set-up and removal of decontamination center. Level 3 — $8,673.00 Advanced Response: Includes engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder assignment, set-up, command, Level A or B suit donning, breathing air, detection equipment, robot deployment, set-up and removal of decontamination center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes 3 hours of on -scene time - each additional hour @ $391.00 per HAZMAT team. FIRES Assignment - $585.00 per hour, per engine / $732.00 per hour, per truck Includes: • Scene Safety • Investigation • Fire / Hazard Control This will be the most common "billing level". This occurs almost every time the fire department responds to an incident. OPTIONAL: A fire department has the option to bill each fire as an independent event with custom mitigation rates. Itemized, per person, at various pay levels and for itemized products use. ILLEGAL FIRES Assignment - $585.00 per hour, per engine / $732.00 per hour, per truck When a fire is started by any person or persons that requires a fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, IN Page 1023 of 1061 equipment costs and any other costs that can be reasonably allocated to the cost of the response. WATER INCIDENTS Level 1 Basic Response: Includes engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common "billing level". This occurs almost every time the fire department responds to a water incident. Billed at $600 plus $72 per hour, per rescue person. Level 2 Intermediate Response: Includes Level 1 services as well as clean-up and material used (sorbents), minor hazardous clean-up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident. Billed at $1,205 plus $72 per hour, per rescue person. Level 3 Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Billed at $2,984 plus $72 per hour per rescue person, plus $140 per hour per HAZMAT team member. Itemized Response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used. Minimum billed $600 plus $72 per hour, per rescue person. Additional rates of $600 per hour per response vehicle and $72 per hour per rescue person. CHIEF RESPONSE This includes the set-up of Command and providing direction of the incident. This could include operations, safety, and administration of the incident. MISCELLANEOUS / ADDITIONAL TIME ON -SCENE ADDITIONAL TIME ON -SCENE (for all levels of service) Engine billed at $585 per hour. Truck billed at $732 per hour. Command at $367 per hour. 12 Page 1024 of 1061 Miscellaneous equipment billed at $440 per hour. MITIGATION RATE NOTES The mitigation rates above are average "billing levels" for one hour of service, and are typical for the incident responses listed, however, when a claim is submitted, it may be itemized and based on the actual services provided. These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department's "actual personnel expense" and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, and other labor costs. 13 Page 1025 of 1061