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Mutual Aid Agreement_Dubuque County Emergency Medical Services Assoc.City of Dubuque, Iowa Memorandum September 9, 2011 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief eO Q SUBJECT: Mutual Aid Agreement Attached is a mutual aid agreement with the Dubuque County Emergency Medical Services Association. This agreement updates and continues our current mutual aid agreement with the association last dated in 2002. The Iowa Administrative Code requires that ambulance services have Contingency Agreements (Mutual Aid Agreements) in writing with those agencies that they respond with. With this agreement the Dubuque Fire Department ambulance would respond for calls of assistance from 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. Assistant City Attorney Tim O'Brien has reviewed and helped draft the agreement. Requested Action: The City Manager is requested to sign the tabbed area of the contract, and return it to my office. Preparer: James A. O'Brien Suite 330 Harbor View Place 300 Main Street Dubuque, IA 52001 (563) 583 -4113 Return to: Tom Berger 14928 Public Safety Way Dubuque, IA 52002 -8216 (563) 589 -4170 MUTUAL AID AND CONTINGENCY AGREEMENT BY AND AMONG THE MEMBERS OF THE DUBUQUE COUNTY EMERGENCY MEDICAL SERVICES ASSOCIATION THIS AGREEMENT dated for reference purposes the day of , 2011, 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: "Requesting Member," shall mean the Member requesting aid, and "Responding Member," shall mean the Member affording or responding to a call for aid. SECTION 2. MUTUAL AID AND CONTINGENCY AGREEMENT. The Members of the Dubuque County EMS Association mutually agree to provide mutual aid and contingency service to each other. M utualAid &Conti ngencyAg reement_090211 SECTION 3. AUTHORITY TO RESPOND TO PROVIDE ASSISTANCE. 3.1. 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. 3.2. 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 circumstances in their service areas. SECTION 4. • REQUESTING 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 TO REQUEST. 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. 6.1. 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. 6.2. 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. 6.3. 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 EMERGENCY SCENE. 2 7.1. 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. At the minimum, all agencies will be trained in and implement the National Incident Management System (NIMS) for all complex and expanding incidents, basic incident command, radio communications and hazardous materials awareness. 7.2. 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. 7.3. The person in charge of the responding Member shall retain control of the responding Member's human and equipment resources and shall direct them to meet the needs and tasks assigned by the incident commander or sector officer. 7.4. 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. 7.5. 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. REPORTING AND RECORD KEEPING. 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 3 and collection activity. Requesting Members are responsible for payment of fees for responding paramedic Members providing paramedic intercept services. SECTION 11. LIABILITY. 11.1. 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. 11.2. 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. MINIMUM TRAINING AND COMMUNICATIONS. It is the responsibility of each service to maintain appropriate training records of their personnel. At a minimum, each service director or their designee shall ensure that personnel responding under this agreement shall have basic training in the National Incident Management System (NIMS), Incident Command System (ICS), Hazardous Materials, and Communications Training on the Dubuque County E911 Board and 800MHz radio system. SECTION 15. TERM OF AGREEMENT. This Agreement shall be in full force 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. This Agreement is six (6) pages long and once filed will rescind and /or cancels any previous mutual aid and contingency agreement of the association. IN WITNESS THEREOF, the following Members have duly executed this Agreement: 4 MEMBERS OF THE DUBUQUE COUNTY EMERGENCY MEDICAL SERVICES ASSOCIATION Advanced Medical Transport 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 Commission Dubuque County Medical Examiner's Office Dubuque County Sheriff's Office Epworth Community Volunteer Firemen Epworth Community Fire Department City of Epworth City of Farley Holy Cross / N. Buena Vista Fire Department Key West Fire /EMS Mystique Casino New Vienna/ Luxemburg Fire Association Paramount EMS Sherrill Fire Protection Association Worthington Community Fire Department 5 Advanced Medical Transport By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Advanced Medical Transport and that said instrument was signed on behalf of Advanced Medical Transport by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Advanced Medical Transport, by it voluntarily executed. Notary Public in and for State of Iowa 6 Asbury Community Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Asbury Community Fire Department and that said instrument was signed on behalf of Asbury Community Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Asbury Community Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa 7 Bi- County Ambulance Service By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn did say that is the of Bi- County Ambulance Service and that said instrument was signed on behalf of Bi- County Ambulance Service by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Bi- County Ambulance Service, by it voluntarily executed. Notary Public in and for State of Iowa 8 Bernard Rescue Unit By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Bernard Rescue Unit and that said instrument was signed on behalf of Bernard Rescue Unit by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Bernard Rescue Unit, by it voluntarily executed. Notary Public in and for State of Iowa 9 City of Cascade By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of City of Cascade and that said instrument was signed on behalf of City of Cascade by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of City of Cascade, by it voluntarily executed. Notary Public in and for State of Iowa 10 Centralia /Peosta Community Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Centralia /Peosta Community Fire Department and that said instrument was signed on behalf of Centralia /Peosta Community Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Centralia /Peosta Community Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa 11 City of Dubuque By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this 13 day of 0k.- ‘P,^ , 2011, before me, a Notary Public in gad for the State of Iowa, personally appeared %�i, e Va ry i //. E'vr/, to me personally known, whp being by me duly sworn did say that � F is the C. / lI1a rua yer of City of Dubuque and that said instrument was signed on behalf ity` of , Dubuque by authority of its members and the said %T, Ucs-ni i. 11f PA/ acknowledged the execution of said instrument to be the voluntary act and d6ed of City of Dubuque, by it voluntarily executed. UA.NIiA. HILKIN Cornrr;ls &ion Nurnbor 708344 y Cernrnisalon Expires 12 1 `P i L` - i `.LI _� n otary Public in and for State of Iowa City of Dyersville By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn did say that is the of City of Dyersville and that said instrument was signed on behalf of City of Dyersville by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of City of Dyersville, by it voluntarily executed. Notary Public in and for State of Iowa 13 Dyersville Community Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Dyersville Community Fire Department and that said instrument was signed on behalf of Dyersville Community Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Dyersville Community Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa 14 Dubuque County Emergency Management By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn did say that is the of Dubuque County Emergency Management and that said instrument was signed on behalf of Dubuque County Emergency Management by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Dubuque County Emergency Management, by it voluntarily executed. Notary Public in and for State of Iowa 15 Dubuque County Medical Examiner's Office By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn did say that is the of Dubuque County Medical Examiner's Office and that said instrument was signed on behalf of Dubuque County Medical Examiner's Office by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Dubuque County Medical Examiner's Office, by it voluntarily executed. Notary Public in and for State of Iowa 16 Dubuque County Sheriffs Office By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Dubuque County Sheriff's Office and that said instrument was signed on behalf of Dubuque County Sheriff's Office by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Dubuque County Sheriff's Office, by it voluntarily executed. Notary Public in and for State of Iowa 17 Epworth Community Volunteer Firemen By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Epworth Community Volunteer Firemen and that said instrument was signed on behalf of Epworth Community Volunteer Firemen by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Epworth Community Volunteer Firemen, by it voluntarily executed. Notary Public in and for State of Iowa 18 Epworth Community Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Epworth Community Fire Department and that said instrument was signed on behalf of Epworth Community Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Epworth Community Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa City of Epworth By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of City of Epworth and that said instrument was signed on behalf of City of Epworth by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of City of Epworth, by it voluntarily executed. Notary Public in and for State of Iowa 20 City of Farley By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of City of Farley and that said instrument was signed on behalf of City of Farley by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of City of Farley, by it voluntarily executed. Notary Public in and for State of Iowa 21 Holy Cross / N. Buena Vista Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Holy Cross / N. Buena Vista Fire Department and that said instrument was signed on behalf of Holy Cross / N. Buena Vista Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Holy Cross / N. Buena Vista Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa 22 Key West Fire /EMS By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Key West Fire /EMS and that said instrument was signed on behalf of Key West Fire /EMS by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Key West Fire /EMS, by it voluntarily executed. Notary Public in and for State of Iowa 23 Mystique Casino By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Mystique Casino and that said instrument was signed on behalf of Mystique Casino by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Mystique Casino, by it voluntarily executed. Notary Public in and for State of Iowa 24 New Vienna/ Luxemburg Fire Association By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of New Vienna/ Luxemburg Fire Association and that said instrument was signed on behalf of New Vienna/ Luxemburg Fire Association by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of New Vienna/ Luxemburg Fire Association, by it voluntarily executed. Notary Public in and for State of Iowa 25 Paramount EMS By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Paramount EMS and that said instrument was signed on behalf of Paramount EMS by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Paramount EMS, by it voluntarily executed. Notary Public in and for State of Iowa 26 Sherrill Fire Protection Association By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Sherrill Fire Protection Association and that said instrument was signed on behalf of Sherrill Fire Protection Association by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Sherrill Fire Protection Association, by it voluntarily executed. Notary Public in and for State of Iowa 27 Worthington Community Fire Department By: STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn did say that is the of Worthington Community Fire Department and that said instrument was signed on behalf of Worthington Community Fire Department by authority of its members and the said acknowledged the execution of said instrument to be the voluntary act and deed of Worthington Community Fire Department, by it voluntarily executed. Notary Public in and for State of Iowa 28