28E Agreement with Galena, Illinois, Mutual Aid Fire Protection, Aerial LadderTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Mutual Aid Agreement with Galena, IL
DATE: July 2, 2008
Fire Chief Dan Brown is recommending approval of a Mutual Aid Agreement with
Galena, Illinois, for aerial ladder apparatus.
The Galena Fire Department has a 95' ladder platform truck and the Dubuque Fire
Department has three aerial ladder trucks consisting of a 118' platform, a 50' ladder and
a 100' ladder.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~~~~
;~ ~~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Dan Brown, Fire Chief
TO: Michael C. Van Milligen, City Manager
FROM: E. Daniel Brown, Fire Chief ~ ~,~~
SUBJECT: Mutual Aid Agreement with Galena, IL
DATE: June 24, 2008
Attached are 3 copies of a 28E Mutual Aid Agreement for aerial ladder apparatus
between the City of Dubuque and the City of Galena, IL.
This agreement will provide for assistance for an aerial ladder truck response to either
community based upon actual circumstances that such assistance is essential to protect
life and/or property.
The Galena Fire Department has a 95' ladder platform truck and Dubuque Fire
Department has 3 aerial ladder trucks consisting of 118' platform, 50' ladder and a 100'
ladder.
Response to a request for assistance will be determined based on availability of
personnel and equipment.
Barry Lindahl has reviewed the 28E agreement and it has met his approval.
I am recommending that this agreement be presented to the Mayor and City Council for
approval. This agreement will be beneficial to both communities.
Attachments
EDB/jl
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This Agreement, dated for reference purpose the 7th day of July , 2008 is
made pursuant to Iowa Code Chapter 28E by and between the City of Dubuque and the
City of Galena, Illinois.
WHEREAS, the City of Dubuque, Iowa may be called to respond to calls for
assistance from the City of Galena, Illinois for an aerial ladder truck and the City of
Galena, Illinois may be called to respond to calls for assistance from the City of
Dubuque, Iowa for an aerial ladder truck.
WHEREAS, occasions may arise whereby extra alarm fires or other emergencies
would exhaust the available aerial ladder truck equipment resource maintained by one
of the parties herein; and
WHEREAS, in such a situation the availability of additional fire fighting personnel
and an aerial ladder truck from the other party 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, Illinois Revised Statutes 65 ILCS 5/11-6-1 authorizes corporate
authorities to enter into contracts or agreements for mutual aid consisting of furnishing
manpower and equipment from and to other municipalities and fire protection districts;
and
WHEREAS, the parties hereto are desirous of entering into a 28E agreement to
render aerial ladder truck assistance upon a reciprocal basis upon the terms and
conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. AUTHORITY TO REQUEST OR TO RESPON® 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 with the department fire
chief or such chief's official designee only of each of the party cities. For purposes of
this Agreement, the "requesting chief" shall mean the fire chief or chief's designee
060508ba1
requesting assistance and the "responding chief" shall mean the fire chief or chief's
designee sending assistance.
SECTION 2. WHEN ASSISTANCE MAY BE REQUESTED. Either fire chief may
request assistance from the other fire chief only when the requesting chief has
concluded, based upon actual circumstances, that such assistance is essential to
protect life and/or property at a location afforded fire protection service by the
requesting chief.
SECTION 3. RESPONSE TO REQUEST. Upon request, a responding chief, upon
determination that an emergency situation exists, and subject to the chief's
determination of availability of personnel and equipment, shall dispatch firefighting
personnel and an aerial ladder truck to aid the requesting chief.
SECTION 4. PERSONNEL AND EQUIPMENT PROVIDED.
4.1 The requesting chief shall include in its request for an aerial ladder truck and
specify the location where the personnel and equipment are needed.
4.2 The final decision on the type of aerial ladder truck and the number of personnel
to be sent shall be solely that of the responding chief. The responding chief shall not be
liable for any acts associated herewith provided that the final decision is made with
reasonable diligence.
4.3 Neither party city shall make any claim whatsoever against the other party city for
the refusal to send the requested aerial ladder truck or personnel where such refusal is
based on the judgment of the responding chief that such personnel and aerial ladder
truck are needed to protect the jurisdiction of the responding chief.
4.4 A nationally accepted incident management or incident command system shall
be used at all incidents involving this Agreement.
4.5 Communication system and training between fire departments shall be provided
by each party city for its fire department, the type and method of such training to be
mutually developed by the fire chiefs.
SECTION 5. NO REIMEURSEMENT FOR COSTS. No party city shall be required to
reimburse the other party city for the cost of providing the services set forth in this
Agreement. Each city shall pay its own costs, including but not limited to salaries,
repairs, materials, compensation for responding to the request of the other city.
However, the city of the requesting chief shall provide without charge, such additional
fuel as may be required by the city of the responding chief to carry on the combined
firefighting efforts after its initial fuel supply is depleted, plus sufficient fuel to fill the
responding city's fire department fuel tanks before the responding fire department
returns to its home jurisdiction.
2
SECTI®N 6. LIABILITY
6.1 Employees of the fire department acting pursuant to this Agreement shall be
considered as acting at all times under the lawful orders and instructions of their own
city. Under no circumstances shall such employees be considered employees of any
other city, agency or department.
6.2 Each party city, and its officers, agents, and employees hereby waives all claims
against the other party city, and its officers, agents, and employees for any loss,
damage, injury or death occurring as a consequence of the performance of this
Agreement.
6.3 Each party city 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 or incident in its own fire protection area, or at the other party city's fire
protection area.
6.4 Each party city (the Indemnifying City) agrees to indemnify, defend and hold
harmless the other party city, its officers, agents, and employees, for damages, claims,
demands, suits, judgments, costs and expenses arising from loss of or damage to
property, or death of or injury, caused by the parties to this Agreement 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 the Indemnifying City .
SECTI®N 7. INSURANCE. Each party city agrees that during the term of this
Agreement, it shall at its own expense, purchase and maintain the following insurance
in companies properly licensed and authorized to do business in the state of Iowa and
satisfactory to the other Member:
Commercial General Liability including coverage for direct operations,
independent contractors, contractual liability and completed operations, with
limits not less than the following:
General Aggregate Limit. $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Automobile $1,000,000 combined single limit.
Workers Compensation and Employers Liability where required by law.
Statutory for Coverage A
Employers Liability:
3
Each Accident $ 100,000
Each Employee Disease $ 100,000
Policy Limit Disease $ 500,000
Professional Liability
$1,000,000
SECTION 8. MISCELLANEOUS PROVISIONS. Each party city's fire department
shall have available sufficient adapters for equipment connections for use by the other
department performing under the terms and conditions of this Agreement.
SECTION 9. 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 14. This Agreement shall have a term of three (3) years
commencing on the date of filing and recording and thereafter shall continue in effect
from year to year. This Agreement may be amended by written agreement of all of the
parties. Any party may withdraw from this Agreement by giving thirty days' written
notice of withdrawal to the governing body of each of the other parties by certified mail.
Such notice shall only be effective if duly approved by the governing body of the
withdrawing party.
SECTION 10. ADMINISTRATION OF AGREEMENT. This Agreement shall be
administered by the City of Dubuque and the City of Galena Fire Chiefs, who shall
periodically review the Agreement and attempt to resolve any problems which may arise
in carrying out the Agreement.
SECTION 11. NOTICES. Any notice required by this Agreement shall be by regular
mail addressed to the other party as set forth below.
SECTION 12. PRIOR FIRE MUTUAL AID AGREEMENTS. This Agreement
supersedes any and all prior fire mutual aid or fire protection agreements between the
parties.
SECTION 13. FILING AND RECORDING. Upon execution by all of 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 Galena.
CITY OF DUBUQUE, IOWA
d'' ~~
y Roy Duol, Mayor y~d'eanne F. Schneider, City Clerk
4
CITY ®F' GALENA, I~~IN®IS
By: ~
Tom Brusch, Mayor
Mary Beth e, City Clerk
STATE OF IOWA
ss:
DUBUQUE COUNTY )
On this ~ day of ~~ 2008, before me, the
undersigned, a Notary Public in and for said ounty and State, personally appeared
ROY D. BUOL and JEANNE F. SCHNEIDER, to me personally known, who being by
me duly sworn, did say that they are Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa, a municipal corporation; that said instrument was signed and sealed on
behalf of the corporation by authority of its City Council, as contained in
~ passed by the City Council on the `~ day of ~ ~f~
008, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledged the
execution of the foregoing instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it and by the tGntarily executed.
- ~ ../
a*P~ ~ $~ KEVIN S, f=fPNSTAFiL
° 7 COtdP.11SSIGN N0.745295
MY CQMMISSlON EXPIRES Notary Public in and for said State
'°wa 2ia2iio My commission expires ~~f~,r/C7
STATE OF ILLINOIS
ss:
JO DAVIESS COUNTY ) d~
On this ,~° ` day of 2008, before me, the
undersigned, a Notary Public in and fo~'said County and State, personally appeared
TOM BRUSCH and MARY BETH HYDE, to me personally known, who being by me
duly sworn, did say that they are Mayor and City Clerk, respectively, of the City of
Galena, Illinois, a municipal corporation; and that TOM BRUSCH and MARY BETH
HYDE acknowledged the execution of the foregoing instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it and by them
voluntarily executed.
`"GrPfCI.4l SE,~La
~ Natary p blic Stafe of Illinois
Y Comn~issian Expires ,~~~
gust 22, 2pD8
~~ 11
N tary~Public in and for said Stat
My commission expires :?, ~--
5