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:
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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