28E Agreement for High Angle Rescue
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 2, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
28E Agreement for High Angle Rescue
Fire Chief Dan Brown is recommending that the city enter into an agreement with
Dubuque and Clayton Counties to provide high angle rescue services.
High angle rescue has become a highly specialized field with expense for equipment
and hundreds of hours of training each year. This does not make it possible for
volunteer departments and smaller jurisdictions to provide high angle rescue. To
comply with OSHA requirements under current operations, the City of Dubuque
needs to purchase a second set of rescue equipment and as part of this agreement,
Dubuque and Clayton Counties will fund that $4,000 expenditure. Any responses
to these other jurisdictions will be made by personnel on callback. At all times full
rescue capabilities will remain in the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 2, 1999
TO: Michael C. Van Milligen, City Manager
FROM: E. Daniel Brown, Fire Chief t DB
SUBJECT: 28E Agreements for High Angle Rescue
High Angle Rescue involves using special ropes, rigging plates, carabineers,
ascending devices and descending devices along with rescue stretchers and baskets
to perform rescues of patients that are in areas of steep or vertical terrain that cannot
be reached by standard practices. It can also involve going vertically into confined
spaces such as vessels or manholes to affect rescue of individuals who are injured or
become ill. Currently the Dubuque Fire Department is the only agency that can
perform these highly technical types of rescue in the area. The next closest rescue
groups would be Davenport, Cedar Rapids or Waterloo, in Iowa.
In the past we have been called upon to respond to emergencies that required the use
of this equipment, knowledge and skills to perform rescue outside the City of Dubuque.
This prompted the sheriff from Clayton County as well as the fire chiefs from the
Dubuque County Volunteer Fire Departments to request the development of an
agreement for Dubuque to provide this type of rescue if needed.
Due to the specialized equipment and the intensive training requirements, it is not
feasible for the county fire departments to enter into this type of rescue. By sharing
the resources that are needed to provide high angle rescue for Dubuque and Clayton
Counties with the need for the Fire Department of a second set of equipment for
training and standby for confined space response, these agreements would benefit
both the city and the two counties.
Attached are 28E Agreements for providing High Angle Rescue for both Dubuque and
Clayton Counties.
The 28E Agreement for High Angle Rescue is very similar to the agreement that we are
currently following for hazardous materials response that is in place with Dubuque
County.
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Michael C Van Milligen
page two continued
These agreements will provide for $2000.00 from each county for the purchase of
additional high angle equipment. This second set of equipment will serve several
purposes. It will provide equipment for response to confined space emergencies if the
rescue truck that carries the front line equipment is out of service on another call.
OSHA requires this in order for the Fire Department to provide rescue response for the
city departments such as water, streets and wastewater for confined spaces. It also
provides training equipment to be used for private industry that contracts with us for
confined space training. This equipment will be used to respond to high angle rescue
calls in Dubuque and Clayton Counties and will be kept ready in a pickup truck
stationed at University and Grandview Avenues. The response will be made by
additional personnel called back for duty. During calls outside the city for this type of
rescue, full rescue capabilities will remain for the City of Dubuque.
These agreements also provide for recovery for any equipment that is consumed and
regular salaries, wages and personal benefits for the employees that respond to the
call. It also provides for indemnification for the City of Dubuque.
The effective period of each agreement is ten years from the date of signing.
The agreements have been reviewed by Corporate Counsel Barry Lindahl and the City
of Dubuque insurance agent.
I am requesting that these agreements be placed on the City Council agenda for
approval and signature.
EDB:ls
Attachments
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PHONE: 319-589-4441
FAX: 319-589-4478
;])utu~u(' Count';!
Board 0/ Superuijorj
COURTHOUSE
DUBUQUE, IOWA 52001-7053
DONNA L. SMITH
ALAN R. MANTERNACH
JIM WALLER
March 15, 1999
Mr. E. Daniel Brown
Fire Chief
City of Dubuque
11 West 9th Street
Dubuque IA 52001-5849
Dear Dan:
At our regular meeting today, the Dubuque C
Agreement providing for the City ofD
Dubuque County at a cost to the Coun
rd of Supervisors approved a 28-E
high angle rescue capabilities in
We thank you for your initiative and sew
forward to working with you on tl1i and
ts of Dubuque County and look
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RESOLUTION NUMBER ~-m
BE IT RESOLVED that the Dubuque County Board of Supervisors approves and
authorizes the Chairperson to sign a 28-E Agreement with the City of Dubuque to
provide high angle rescue, providing for reimbursement to the City of Dubuque at a cost
of $2,000 to initiate the program and hourly and costs and charges for each incident.
Resolution adopted this I :]Mday of March, 1999.
/J~-4 C/~d
Donna L. Smith, Chairperson
Attest:
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Denise M. Dolan, County Auditor
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99 JUll2 PM 3: 44
t~f~Ttf\( F~YN~~ li!U.:!.. G',~l
COUNT 'f RECORDER
OUDUOUE CO..IOW:'\ FEES
CHAPTER 28E AGREEMENT
BETWEEN THE
CITY OF DUBUQUE, IOWA AND
DUBUQUE COUNTY, IOWA
3/.00
This Agreement made and entered into by and between the City of Dubuque,
Iowa, (City) and Dubuque County, Iowa, (County) witnesseth:
WHEREAS, the parties recognize that due to modern technology there is an
increase of instances of high angle rescue accidents creating hazardous conditions
endangering the well being of the general public; and
WHEREAS, the preservation of life and property of the citizens depends upon
the availability of properly trained personnel and adequate equipment; and
WHEREAS, the provision of specially trained personnel and adequate
equipment necessary to prevent pollution of the environment and injury to person and
property is costly; and
WHEREAS, the City has such trained personnel and equipment and is willing to
assist the County in cases of high angle rescue accidents.
NOW BE IT REMEMBERED that for the mutual promised covenants and
agreements herein contained, the parties have entered into the following Agreement
under Chapter 28E of the Code of Iowa:
Preoared bY: E. Daniel Brown. Fire Chief Addr8$S: 11 West 9th Street. Dubuaue. IA 52001 TeleDhone: (319) 5894100
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1. RECITATIONS. The provisions contained herein, including the
recitations set forth above, and including any documents incorporated by reference
herein, constitute the full agreement of the parties.
2. PURPOSE. The purpose of this Agreement is to provide for assistance
by City by supplying personnel and equipment to County in case of a high angle
emergency creating a hazardous condition. No separate entity is created under this
Agreement.
3. DEFINITIONS. For purposes of this Agreement, the following definitions
shall apply:
(A) "Hazardous condition" means any situation where life is in danger
and other means of rescue have been attempted without success,
at any of the following locations:
1) Within the City of Dubuque;
2) Within any other city in Dubuque County, including those
which extend beyond the boundaries of Dubuque County;
3) Within any other area within the boundaries of Dubuque
County.
4. INITIATING REQUESTS. All requests for aid, assistance, personnel or
equipment to be provided by City under the provisions of this Agreement shall be
made by:
(A) Dubuque County Sheriff's Department;
(8) Within any incorporated municipality, the chief of the fire department;
(C) Within unincorporated areas in the county, the Dubuque County
Emergency Management Director, or the local Fire Chief.
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Such requests shall be directed to the Chief of the Dubuque Fire Department, or
Chiefs designee, and shall state as definitively as possible the nature and extent of the
emergency so that a determination can be made by the City as to personnel and
equipment that is needed. A team of four (4) people will be sent with the necessary
equipment to the initial response.
5. PRIORITY OF REQUESTS. In the event two or more high angle
emergencies arise at the same time, the priority of providing service shall be made
pursuant to Dubuque Fire Department Standard Operating Procedure.
6. REIMBURSEMENT SCHEDULE. Dubuque County shall pay to City the
the following costs and charges incurred by City in responding to high angle
emergencies under this Agreement.
(A) Costs: Costs shall include, but not limited to, the following:
1) The full cost of supplies and other materials ordinarily consumable
at the site of the emergency condition;
2) The regular s~laries and wages of city employees for the period of
time responding to a request under this Agreement;
3) The full cost of any additional personnel benefits or expenses as a
direct result of responding under this agreement, including;
a) Medical expenses;
b) Worker's compensation benefits;
c) Increases in contributions to funds established pursuant to
Iowa Code Chapter 411.
(B) Charges: The charge for each response under this Agreement shall
be made on an hourly basis pursuant to the schedule of estimated costs,
attached hereto as Schedule "A", and incorporated by reference herein.
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The hourly charge may be adjusted at any time during the period of this
Agreement in order to more accurately reflect actual costs. If adjusted, City shall give
written notice to Dubuque County at least ninety (90) days before the effective date of
the adjusted charge.
7. EXTRAORDINARY LOSSES. In addition to the reimbursement of costs
set forth in paragraph 6, Dubuque County shall reimburse the City for out-of-pocket
costs resulting from loss of, or damage to, any equipment resulting from the providing
of aid or assistance under this Agreement, unless such loss is the result of intoxication,
the use of controlled substances by city employees, or gross negligence or reckless,
wanton or intentional misconduct of any officer, employee, agent or representative of
the City.
8. SUPERVISION. The officer in charge of the personnel of the City and/or
Chief of Dubuque Fire Department shall have direct control of, and supervise, the
personnel and use of all apparatus, equipment and material of the City consistent with
the spirit of this agreement and shall report to the Incident Commander. The local Fire
Chief, or Chiefs designee, shall be the Incident Commander, unless otherwise
designated by the governing body of the jurisdiction, and have responsibility for traffic
control, evacuation, and crowd control.
The Local Fire Chief shall remain responsible for the incident throughout the life
of the incident. The high angle rescue incident must be controlled within the Incident
Command System (ICS). If the Incident Commander requests assistance from the high
angle rescue team in the area of Command, the Incident Commander shall be allowed
to have a Co-Command. If assistance is not needed, the high angle rescue team shall
have a designated member in charge of operations. Operations shall appoint the
safety officer for the incident and shall manage all functions that involve members of
the high angle rescue team.
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9. INDEMNIFICATION. Dubuque County shall indemnify, save, hold
harmless and defend the City, its officers, employees, members, agents and
representatives from any liability, claim, action, judgment, cost or expense, including
attorneys fees, whether at law, in equity, before an administrative agency or otherwise,
as a result of or arising from City rendering service or responding under this
Agreement. However, the provisions of this paragraph shall not extend to the acts or
omissions of any officer, employee, agent or representative of City for damage to
property of injuries to person which results from the intoxication or use of controlled
substances or gross negligence or reckless, wanton or intentional misconduct of any
officer, employee, agent or representative of City.
10. EFFECTIVE PERIOD. This Agreement, unless terminated as provided
below, shall be in full force and effect for an initial period of ten (10) years from the date
of execution, and shall continue from year to year thereafter' until terminated.
11. TERMINATION.' Either party may terminate this Agreement at any time
for any reason, upon written notice either delivered or mailed by certified U.S. mail to
the other party. Such notice shall be given at least ninety days before the effective date
of termination, and the date of termination shall be stated in the notice.
12. AMENDMENT. This Agreement may be amended by written instrument
duly executed by the parties hereto.
13. EFFECTIVE DATE. This Agreement shall be in full effect upon the
happening of all of the following:
(A) Its execution after acceptance and approval by the Dubuque City
Council and the Dubuque County Board of Supervisors.
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(8) The filing of an executed counterpart or copy of this Agreement
with the Secretary of State.
(C) The filing of an executed counterpart or copy of this Agreement
with the Recorder of Dubuque County.
Dated this
7~
day of
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L/
1999.
CITY OF DUBUQUE, IOWA
Dubuque County, IOWA
BOARD OF SUPERVISORS
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, Donna L SmitJt~ ~?~~~~1?~$,08' '; i; ,
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Attest: ;: l:.1 : "" ',',.,::,/ \ ,~J' ", c,~ ;
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Denise M. Dolan, County Cou~(y'Al.I~jitqr~
Attest:
Approved as to form:
Ba A. Lindahl
Corporation Counsel for
City of Dubuque, Iowa
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Fred H. McCaw
County Attorney for
Dubuque County, Iowa
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