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
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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.
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Section 6. No Reimbursement for Costs. No Member department shall be
required to reimburse any other Member department for the cost of providing the
services set forth in this Agreement. Each Member department shall pay its own costs,
including but not limited to salaries, repairs, materials, compensation, for responding to
the request of another member department. However, a requesting department shall
provide without charge, such additional fuel as may be required by a responding
department to carry on the combined firefighting efforts after its initial fuel supply is
depleted, plus sufficient fuel to fill the responding department's fuel tanks before the
responding department returns to its home jurisdiction.
Section 7. Liability.
(a) Employees of any Member department acting pursuant to this Agreement
shall be considered as acting at all times under the lawful orders and instructions of
their employer Member department. Under no circumstances shall such employees be
considered employees of any other Member or department.
(b) Each Member department hereby waives all claims against every other
Member department for any 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.
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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:
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01//ii Date:
Dater/f//