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Mutual Aid Response Agreement ED, IL and City of DBQ - signed agreementMUTUAL 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