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28E Mutual Aid Agreement with Jamestown Fire Department Copyrighted August 21, 2017 City of Dubuque Consent Items # 10. ITEM TITLE: Mutual Aid Agreement with Jamestown Fire Department SUMMARY: City Manager recommending City Council approval of a new Mutual Aid Agreement with Jamestown Fire Department of Kieler, Wisconsin. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Jamestown Fire Department Mutual Aid Agreement- City Manager Memo MVM Memo Mutual Aid Agreement with Jamestown Memo Staff Memo Mutual Aid Agremeement Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Jamestown Fire Department Mutual Aid Agreement Update DATE: August 14, 2017 The mutual aid agreement with Jamestown Fire Department, Kieler, Wisconsin, has expired. Fire Chief Rick Steines recommends City Council approval of a new Mutual Aid Agreement with Jamestown Fire Department. I concur with the recommendation and respectfully request Mayor and City Council approval. ZyL."t^1 Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Rick Steines, Fire Chief THE COF Dubuque TH�+DtUB L 11q rica .Ir Masterpiece on the Mississippi Z00,•2012.2013.2017 TO: Michael C. Van Milligen, City Manager FROM: Rick Steines, Fire Chief DATE: August 3, 2017 RE: Mutual Aid Agreement Update INTRODUCTION The mutual-aid agreement with Jamestown Fire Department (Kiefer WI) has expired. A new agreement has been reviewed by City Attorney Crenna Brumwell. DISCUSSION The agreement has been reviewed by the Jamestown Fire Department, and is acceptable to them. The document follows the same format as all other fire mutual-aid agreements we have with other agencies. At this time, it simply needs approval and signature. RECOMMENDATION I respectfully request approval of the agreement and signature by the Mayor. ACTION REQUESTED Approval of agreement by City Council and signature. 28E Agreement Paul D. Pate Secretary of State State of Iowa FO R O F F I C E U S E O N L Y : PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 3. The purpose of this agreement is: (please be specific) _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name _________________________________ FIRST Name ___________________________ Title ________________________________________ Department ____________________________ Email ______________________________________ Phone_________________________________ Item 4. The duration of this agreement is: (check one) Agreement Expires ____________ Indefinite Duration [mm/dd/yyyy] *Enter “Other” if not in Iowa (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos.iowa.gov/28e. Item 5.Does this agreement amend or renew an existing agreement? (check one) NO YES Filing # of the agreement: ____________ Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 Party 2 Party 3 Party 4 Party 5 Item 2.The type of Public Service included in this agreement is: ________ _______________________________ (Enter only one Service Code and Description)Code Number Service Description 563-589-4120 4 4 9/28/2017 8:21:20 AM Asst. City Clerk Jamestown Township Fire Depatment tgleason@cityofdubuque.org DubuqueCity of Dubuque Asst. City Clerk 210 Fire Response Other M510325 City Gleason Trish FILED Township Establish fire / emergency response assistance upon a reciprocal basis. 28E AGREEMENT FOR MUTUAL AID FIRE PROTECTION BETWEEN AND AMONG THE CITY OF DUBUQUE, IOWA AND THE JAMESTOWN TOWNSHIP FIRE DEPARTMENT, KIELER WISCONSIN. This Agreement, dated for reference purpose the& day 49,62017, is made pursuant to Iowa Code Chapter 28E between the City of Dubuque, Iowa and the Jamestown Fire Department, Kieler, Wisconsin. WHEREAS, the undersigned parties are established fire/emergency response agencies; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional firefighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Iowa Code Chapter 28E provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency having such powers, privilege and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, the parties mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1. Authority to Request or to Respond to a Request to Provide Assistance. The authority to make a request for assistance or to respond to a request for assistance under this Agreement shall reside in the Member department fire chief or such chiefs official designee only. For purposes of this Agreement, the "requesting department" shall mean the fire chief or chief's designee requesting assistance and the "responding department" shall mean the fire chief or chief's designee sending assistance. Any Member department shall have the right to request assistance from any other Member department or departments, subject to the terms and conditions of the Agreement. For the purpose of this Agreement, the terms "Member department" and "Member" shall mean the fire department of the respective parties hereto. Section 2. When Assistance may be Requested. A Member department may request assistance from another Member department only when the requesting department has concluded, based upon actual circumstances, that such assistance is 1 essential to protect life and/or property at a location afforded fire protection service by the requesting department. Section 3. Response to Request. Upon request, a responding department, upon determination by its chief that an emergency situation exists, and subject to the chief's determination of availability of personnel and equipment, shall dispatch firefighting personnel and equipment to aid the requesting department. Section 4. Personnel and Equipment Provided. (a) The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required and shall specify the location where the personnel and equipment are needed. (b) The final decision on the number and the amount and type of equipment and the number of personnel to be sent shall be solely that of the responding department's chief. The responding party shall not be liable for any acts associated herewith provided that the final decision is made with reasonable diligence. (c) No Member department shall make any claim whatsoever against another Member department for the refusal to send the requested equipment or personnel where such refusal is based on the judgment of the chief of the responding department that such personnel and equipment are needed to protect the jurisdiction of the responding department. Section 5. Command at Fire Scene. (a) The responding department personnel and equipment shall report to the command officer of the requesting department who shall be in charge at the emergency scene unless the command officer specifically relinquishes such authority to another officer. The command officer shall have the authority to issue reasonable orders and directives and the responding department and responding officer shall act on said orders. (b) The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and/or equipment are needed in the responding department's home district. Responding department personnel and equipment may withdraw from the emergency scene upon giving notice to the command officer at the emergency that the responding department is needed in its home jurisdiction. (c) It is agreed that the purpose of this section is to maintain order at the emergency scene and shall not be construed to establish an employer/employee relationship. 2 Section 6. No Reimbursement for Costs. No Member department shall be required to reimburse any other Member department for the cost of providing the services set forth in this Agreement. Each Member department shall pay its own costs, including but not limited to salaries, repairs, materials, compensation, for responding to the request of another member department. However, a requesting department shall provide without charge, such additional fuel as may be required by a responding department to carry on the combined firefighting efforts after its initial fuel supply is depleted, plus sufficient fuel to fill the responding department's fuel tanks before the responding department returns to its home jurisdiction. Section 7. Liability. (a) Employees of any Member department acting pursuant to this Agreement shall be considered as acting at all times under the lawful orders and instructions of their employer Member department. Under no circumstances shall such employees be considered employees of any other Member or department. (b) Each Member department hereby waives all claims against every other Member department for any Toss, damage, injury or death occurring as a consequence of the performance of this Agreement. (c) Each Member department shall bear its own liability and cost for damage to its equipment and for the death of or injury to its personnel, whether the death, injury or damage occurred at a fire in the Member's own fire protection area, or at another Member department's fire protection area. (d) Each Member agrees to indemnify, defend and hold harmless all other Members for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property, or death of or injury to a private person whether caused by the Member's personnel or equipment in the performance of this Agreement, except where such loss, damage, death or injury is the result of wanton and willful misconduct by an employee of a Member. For purposes of this Agreement, "private person" and "private property" means a person not an employee or volunteer of Mernher fire ries rtment and nrnperty not heInnging to a MPmher. Section 8. Insurance. Each Member 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 agency's home state if agency's home state is not Iowa and satisfactory to the other Members: 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 3 Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage limit (any one occurrence) Medical Payments Automobile $1,000,000 combined single limit. $1,000,000 $1,000,000 $ 50,000 $ 5,000 Workers Compensation and Employers Liability where required by law. Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease Professional Liability $ 100,000 $ 100,000 $ 500,000 $1,000,000 Section 9. Miscellaneous Provisions. Each Member department shall have available sufficient adapters for equipment connections for use by other Member departments performing under the terms and conditions of this Agreement. Section 10. Term of Agreement. This Agreement shall be in full force and effect upon execution by all of the parties hereto and the filing and recording thereof as provided in Section 13. This Agreement shall have a term of three (3) years and thereafter shall continue in effect from year to year. This Agreement may be amended by written agreement of all of the parties. Any Member may withdraw from this Agreement by giving sixty (60) days' written notice of withdrawal to the governing body of each of the other Members by certified mail. Such notice shall only be effective if duly approved by the governing body of the withdrawing Member. Section 11. Administration of Agreement. This Agreement shall be periodically reviewed by the agencies involved. Resolution of conflicts arising from this agreement shall be addressed using the "Interagency Conflict Resolution" form provided by the Dubuque Fire Department. Section 12. Notices. Any notice required by this Agreement shall be sent to the address of each Member as set forth below. Section 13. Prior Fire Mutual Aid Agreements. This Agreement supersedes any and all prior fire mutual aid or fire protection agreements between and among the Members. Section 14. Filing and Recording. Upon execution by all the parties hereto, this agreement shall be filed with the Secretary of State and the Dubuque County Recorder by the City of Dubuque, and may be filed with the State of Wisconsin and Grant County, Wisconsin by the Jamestown Fire Department. 4 Jamestown Township, Wisconsin 2135 Elm Street. P.O. Box 176, Kieler, WI. 53812 By:LZ-t-7,-/-dC--e----Date: 7:- 5-117 Attest: Date: f-_(%-- /7 The City of Du • uque 50 West 13t" reetDubuque, IA X2001 By: Attest: 5 01//ii Date: Dater/f//