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Mutual Aid Agreements E Dbq etcMEMORANDUM July 9, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mutual Aid Agreements Fire Chief Dan Brown is recommending execution of mutual aid response agreements with the City of East Dubuque and Dubuque County Emergency Medical Service Association. These agreements update and continue our current mutual aid agreements to provide backup for additional ambulance service to each other when one of the parties to the agreement for any reason is unable to respond. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager E. Daniel Brown, Fire Chief CITY OF DUBUQUE, IOWA MEMORANDUM June 26, 2002 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief SUBJECT: Mutual Aid Agreements Attached are two mutual aid response agreements. One is for the city of East Dubuque and the other is for members of Dubuque County Emergency Medical Service Association. These agreements update and continue our current mutual aid agreements. These agreements mutually provide backup for additional ambulance service to each other when one of the parties of the agreement for any reason is unable to respond. The Iowa Administrative Code requires that ambulance services have Contingency Agreements (Mutual Aid Agreements) in writing with those agencies that they respond with. With these agreements the Dubuque Fire Department ambulance would respond for calls of assistance from East Dubuque Fire Department and all the emergency medical agencies in Dubuque County. This response would be contingent upon availability of our resources. At the same time this would also allow for any of these above- mentioned agencies to also respond to the City of Dubuque if our local resources are consumed and additional resources are needed. Corporation Counsel Barry Lindahl has reviewed both agreements and his changes have been incorporated. I am recommending Mayor and City Council approval with the Mayor's signature. EDB/jl MUTUAL AID AND CONTINGENCY AGREEMENT BY AND AMONG THE MEMBERS OF THE DUBUQUE COUNTY EMERGENCY MEDICAL SERVICES ASSOCIATION This agreement is made and entered into effective on the __ day of ,2002, by and among the Members of the Dubuque County Emergency Medical Services Association who have duly executed this Agreement. WHEREAS, the Members of the Dubuque County Emergency Medical Services Association recognize the necessity to cooperate and work together to provide for mutual aid and contingency assistance; and WHEREAS, the Members further recognize the need to provide for an organized means of resolving conflicts, concerns and questions between and among their respective Members. NOW, THEREFORE, IT IS AGREED BY AND AMONG THE MEMBERS WHO HAVE DULY EXECUTED THIS AGREEMENT AS FOLLOWS: SECTION 1. Definitions: As used herein: a. "Requesting Member," shall mean the Member requesting aid, and b. "Responding Member," shall mean the Member affording or responding to a call for aid. SECTION 2. Mutual Aid and Contin,qenc¥ Agreement The Members of the Dubuque County EMS Association mutually agree to provide mutual aid and contingency service to each other. SECTION 3. Authority to Respond to Provide Assistance a= The authority to make requests for assistance or to provide aid under this Agreement shall reside with the requesting Member's command personnel or the command personnel's designee. For purposes of this Agreement, the "requesting Member" shall mean the incident commander or the incident commander's designee asking for assistance and the "responding Member" shall mean an officer/supervisor or designee sending assistance. Any Member shall have the right to request assistance from the other Member's subject to the terms and conditions of this Agreement. b= The Dubuque County Emergency Communications Center will page out the next nearest Member if two consecutive pages go unanswered for any reason. Members are empowered to set up automatic aid protocols in the Emergency Communications Center for specific cimumstances in their service areas. SECTION 4. Requestin.q Assistance A Member may request assistance from any other Member when the requesting Member has concluded that such assistance is essential to protect life. SECTION 5. Responses toRequest Upon request, a responding Member, upon determination that an emergency exists and subject to the availability of human and equipment resources, shall dispatch EMS personnel and equipment to aid the requesting Member. SECTION 6. Personnel and Equipment Provided The requesting Member shall include in its request for assistance the amount and type of equipment, and shall specify the location where the personnel and equipment are needed. The final decision on the amount and type of equipment to be sent shall be solely that of the responding Member. The responding Member shall be immune from any liability in connection with all acts associated herewith provided that the final decision is made with reasonable diligence. No Member shall make any claim whatsoever against another Member for refusal to send the requested personnel or equipment where such refusal is based on the judgment of the responding Member that such personnel and equipment are either not available or are needed to provide service in the Member's response area. SECTION 7. Command and Control at the Emer.qenc¥ Scene All Members have established Incident Command System (ICS) Standard Operating Procedures (SOPs), and will implement them on all incidents involving mutual aid or contingency responses. The responding Member's personnel and equipment shall report to the incident commander or other appropriate sector officer of the requesting Member. The person in charge of the responding Member shall meet with the incident commander or appropriate sector officer of the requesting Member for a briefing and assignment. The person in charge of the responding Member shall retain control of the responding Member's human and equipment resoumes and shall direct them to meet the needs and tasks assigned by the incident commander or sector officer. The responding Member's personnel and equipment shall be released by the requesting Member when the services of the responding Member are no longer required or when the responding Member's resources are needed in their primary response area. Responding Member personnel and equipment may withdraw from the EMS scene upon giving notice to the incident commander or appropriate sector officer that they are needed in the Member's primary response area. It is understood 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. SECTION 8. Reportin,q and Recordkeepin,q The requesting Member shall maintain records regarding the frequency of the use of this agreement and provide them to the Iowa Department of Public Health Bureau of Emergency Medical Services upon request. Each Member shall maintain individual patient care reports. SECTION 9. No Reimbursement for Costs No Member shall be required to reimburse any other Member for the cost of providing the services set forth in this Agreement for mutual aid services, except as provided in Section 10 below. Each Member shall pay its own costs (i.e. salaries, repairs, materials, compensation, etc.) for responding for requests for mutual aid or contingency response. SECTION 10. Fees for Ambulance Service Members providing ambulance transport or other services normally billed for will be entitled to their normal fees for service and are responsible for their own billing, insurance filing and collection activity. Requesting Members are responsible for payment of fees for responding paramedic Members providing paramedic intercept services. SECTION 11. Liability Each responding Member hereby waives all claims against each requesting Member for compensation for any property loss or damage and/or personal injury or death occurring as a consequence of the performance of this Agreement. A responding Member assumes all liability and/or cost of damage to its equipment and the injury or death of its personnel when responding or performing under this agreement. SECTION 12. Insurance Each Member shall procure and maintain such insurance as is required by applicable federal and state law and as may be appropriate and reasonable to cover its staff, equipment, vehicles, and property, including but not limited to liability insurance, workers' compensation (if applicable), unemployment insurance, automobile liability, and property damage. Members may self-insure when appropriate. SECTION 13. Conflict Resolution From time to time, personnel from one Member or another may have some concerns or questions regarding this Agreement or the working relationship of the parties. Should any such issues arise, they should be dealt with by the Member's chain of command to provide answers or resolution. SECTION 14. Term of A.qreement This Agreement shall be in full fome and effect upon execution by all Members hereto. This Agreement shall remain in effect for a period of ten years unless cancelled by any Member by giving thirty days written notice to the Dubuque County EMS Association. The Agreement may be amended by agreement of all of the Members. IN WITNESS THEREOF, the following Members have duly executed this Agreement: By: Asbury Community Fire Department Bi-County Ambulance Service Bernard Rescue Unit City of Cascade Centralia/Peosta Community Fire Department City of Dubuque City of Dyersville Dyersville Community Fire Department Dubuque County Emergency Management Dubuque County Sheriff's Department Dubuque Greyhound Park and Casino EMS Dubuque Diamond Jo Casino EMS Epworth Community Fire Department City of Epworth City of Farley Heartland Regional Paramedic Service Holy Cross/N. Buena Vista Fire Depar/ment Key West Community Fire Department New Vienna/Luxemburg Fire Association Reiff Ambulance Service-Cascade Reiff Ambulance Service-Farley Sherriil Fire Protection Association Worthington Community Fire Department MUTUAL AID RESPONSE AGREEMENT BETWEEN THE CITY OF EAST DUBUQUE, ILLINOIS AND THE CITY OF DUBUQUE, IOWA This Agreement is entered into this __ day of _, 2002, by and between the City of East Dubuque, Illinois (East Dubuque) and the City of Dubuque, Iowa (Dubuque). WHEREAS, East Dubuque and Dubuque recognize the necessity for nearby cities to cooperate and work together; and WHEREAS, East Dubuque and Dubuque desire to mutually agree to provide for mutual aid assistance by their respective fire departments, and to provide for an organized way of resolving concerns and questions between the cities. NOW, THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. Definitions: As used herein: a. "Requesting party" shall mean the fire department requesting aid. b. "Responding party" shall mean the fire department affording or responding to a call for aid. c. "Emergency scene" shall mean a mass casualty incident, a unit breakdown, or the exhaustion of equipment or personnel. SECTION 2. Mutual Aid A.qreement East Dubuque and Dubuque mutually agree to provide backup or additional ambulance service to each other when the emergency ambulance unit(s) of one of the parties for any reason is unable to respond to a request for ambulance service or if additional personnel or ambulances are needed at an emergency scene. SECTION 3. Authority to Respond to Provide Assistance The authority to make a request for assistance or to provide aid under this Agreement shall reside in the party's command personnel or the command personnel's designee. For purposes of this Agreement, command personnel for the requesting party shall mean the incident commander or the incident commander's designee asking for assistance and command personnel for the responding party shall mean an officer or supervisor or the officer or supervisor's designee sending assistance. Either party shall have the right to request assistance from the other subject to the terms and conditions of this Agreement. SECTION 4. Requesting Assistance A party may request assistance from the other when the requesting party has concluded that such assistance is essential to protect life. SECTION 5. Response to Request Upon request, the responding party, upon its determination that an emergency situation exists and subject to the availability of personnel and equipment, shall dispatch emergency medical serviced (EMS) personnel and equipment to aid the requesting party. SECTION 6. Personnel and Equipment Provided The requesting party shall include in its request for assistance the amount and type of equipment requested and shall specify the location where the personnel and equipment are needed. The final decision as to the number and the amount and type of equipment to be provided shall be solely that of the responding party. Each party releases the other from any liability in connection with any act arising out of the good faith performance of this Agreement. Neither party shall make any claim whatsoever against the other for failure or refusal to respond to a request where such failure or refusal is based on the judgement of the responding party that such personnel and equipment are either not available or are needed to provide service in the party's own response area. SECTION 7. Command at Emergency Scene The responding party's personnel and equipment shall report to the incident commander of the requesting party. The person in charge of the responding party shall meet with the incident commander of the reque.sting party for a briefing and instructions. The person in charge of the responding party shall retain control and supervision of the responding party's equipment and personnel and shall direct such personnel and equipment to meet the needs and tasks assigned by the incident commander. The responding party's personnel and equipment shall be released by the requesting party when the services of the responding party are no longer required or when the responding party's personnel and/or equipment are needed in the responding party's primary response area. Responding party personnel and equipment may withdraw from the EMS scene upon giving notice to the incident commander that they are needed in their primary response area. The parties agree that the purpose of this section is to maintain order at the EMS scene and this section shall not be construed to establish an employer-employee relationship. SECTION 8. No Reimbursement for Costs Neither party shall be required to reimburse the other for the cost of providing any of the services set forth in this Agreement. Each party shall pay its own costs, including but not limited to salaries, repairs, materials, compensation, in responding to a request for mutual aid. SECTION 9. Liability Each party hereby waives all claims against the other for any property loss or damage or personal injury or death arising out of this Agreement. Each party shall bear its own liability and/or cost of damage to such party's equipment or the death of or injury to such party's personnel arising out of this Agreement. SECTION 10. Term of Agreement This Agreement shall be in full force and effect upon execution by both parties and shall continue until terminated by either party by giving thirty (30) days written notice to the other. This Agreement may be amended only by written agreement of both parties. _Mlfck J_ _fi~Mi~n_eL City Manager City ~t Dubuque, IL ~'~aney Roepl~ City Clerk City of Dubuque, Iowa Terrance M. Duggan, Mayor City of Dubuque, Iowa Attest: Jeanne Schneider, City Clerk MUTUAL AID RESPONSE AGREEMENT BETWEEN THE CITY OF EAST DUBUQUE, ILLINOIS AND THE CITY OF DUBUQUE, IOWA This Agreement is entered into this/ day of - 4 - , 2002, by and between the City of East Dubuque, Illinois (East D que . d the City of Dubuque, Iowa (Dubuque). WHEREAS, East Dubuque and Dubuque recognize the necessity for nearby cities to cooperate and work together; and WHEREAS, East Dubuque and Dubuque desire to mutually agree to provide for mutual aid assistance by their respective fire departments, and to provide for an organized way of resolving concerns and questions between the cities. NOW, THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. Definitions: As used herein: a. "Requesting party" shall mean the fire department requesting aid. b. "Responding party" shall mean the fire department affording or responding to a call for aid. c. "Emergency scene" shall mean a mass casualty incident, a unit breakdown, or the exhaustion of equipment or personnel. SECTION 2. Mutual Aid Agreement East Dubuque and Dubuque mutually agree to provide backup or additional ambulance service to each other when the emergency ambulance unit(s) of one of the parties for any reason is unable to respond to a request for ambulance service or if additional personnel or ambulances are needed at an emergency scene. SECTION 3. Authority to Respond to Provide Assistance The authority to make a request for assistance or to provide aid under this Agreement shall reside in the party's command personnel or the command personnel's designee. For purposes of this Agreement, command personnel for the requesting party shall mean the incident commander or the incident commander's designee asking for assistance and command personnel for the responding party shall mean an officer or supervisor or the officer or supervisor's designee sending assistance. Either party shall have the right to request assistance from the other subject to the terms and conditions of this Agreement. SECTION 4. Requesting Assistance A party may request assistance from the other when the requesting party has concluded that such assistance is essential to protect life. SECTION 5. Response to Request Upon request, the responding party, upon its determination that an emergency situation exists and subject to the availability of personnel and equipment, shall dispatch emergency medical serviced (EMS) personnel and equipment to aid the requesting party. SECTION 6. Personnel and Equipment Provided The requesting party shall include in its request for assistance the amount and type of equipment requested and shall specify the location where the personnel and equipment are needed. The final decision as to the number and the amount and type of equipment to be provided shall be solely that of the responding party. Each party releases the other from any liability in connection with any act arising out of the good faith performance of this Agreement. Neither party shall make any claim whatsoever against the other for failure or refusal to respond to a request where such failure or refusal is based on the judgement of the responding party that such personnel and equipment are either not available or are needed to provide service in the party's own response area. SECTION 7. Command at Emergency Scene The responding party's personnel and equipment shall report to the incident commander of the requesting party. The person in charge of the responding party shall meet with the incident commander of the requesting party for a briefing and instructions. The person in charge of the responding party shall retain control and supervision of the responding party's equipment and personnel and shall direct such personnel and equipment to meet the needs and tasks assigned by the incident commander. The responding party's personnel and equipment shall be released by the requesting party when the services of the responding party are no longer required or when the responding party's personnel and/or equipment are needed in the responding party's primary response area. Responding party personnel and equipment may withdraw from the EMS scene upon giving notice to the incident commander that they are needed in their primary response area. The parties agree that the purpose of this section is to maintain order at the EMS scene and this section shall not be construed to establish an employer -employee relationship. SECTION 8. No Reimbursement for Costs Neither party shall be required to reimburse the other for the cost of providing any of the services set forth in this Agreement. Each party shall pay its own costs, including but not limited to salaries, repairs, materials, compensation, in responding to a request for mutual aid. SECTION 9. Liability Each party hereby waives all claims against the other for any property loss or damage or personal injury or death arising out of this Agreement. Each party shall bear its own liability and/or cost of damage to such party's equipment or the death of or injury to such party's personnel arising out of this Agreement. SECTION 10. Term of Agreement This Agreement shall be in full force and effect upon execution by both parties and shall continue until terminated by either party by giving thirty (30) days written notice to the other. This Agreement may be amended only by written agreement of both parties. City of East1Iubuqu el, City Manager City i'IgYt Dubuque, IL Attest:j%Liii./' Nancy Roepklel City Clerk Dubuqu- owa rrance M. Duggan, ►' .; or ity of Dubuque, Io Attes����� Jea Schneider, City Clerk 3