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Fire Protection Agree Mutual Aid 28E i5ii~~E ~<k~ MEMORANDUM November 15, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 28E Mutual Aid Fire Protection Agreement Fire Chief Dan Brown recommends City Council approval of the 28E Agreement for Mutual Aid Fire Protection in and surrounding Dubuque County. I concur with the recommendation and respectfully request Mayor and City Council approval. ~{ tq/M~/Jl~ Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager E. Daniel Brown, Fire Chief 1! ,. ..J CITY OF DUBUQUE, IOWA MEMORANDUM November 4, 2005 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief L'-D 8 SUBJECT: 28E Mutual Aid Fire Protection Agreement Attached is a copy of the new 28E Agreement for Mutual Aid Fire Protection in and surround Dubuque County. This agreement will replace the previous one which expires next year. Also attached is the Resolution for Mayor and City Council approval. These resolutions will be collected from all the communities and entities listed in the agreement and then filed with the County Recorder and then sent onto the State of Iowa. Barry Lindahl drafted this agreement and the Dubuque County Fire Association expresses their appreciation for his assistance in putting this new agreement together. I respectfully request that this 28E Agreement with the resolution be placed on the City Council Agenda for Mayor and City Council approval. EDB/jl . . RESOLUTION NO. 511-05 APPROVING 28E AGREEMENT WHEREAS, the local fire department is a Member of the Dubuque County Firefighters' Association (the Association); and WHEREAS, a stated purpose of the Association is the mutual aid in fire protection and fire prevention; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional fire fighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Iowa Code Chapter 28E provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA that in order to give fire and emergency assistance when needed on a reciprocal basis, the City hereby adopts the Dubuque County Fire Association Mutual Aid Agreement which is attached hereto and incorporated by reference. Passed, approved and adopted this 21st day of November, 2005. Terrance M. Duggan, Mayor ATTEST: IJeanne F. Schneider, CMC City Clerk Preparer: Barry A Lindahl. ESQ. Address: Suite 330 Harbor View Place 300 Main Street Dubuque. IA 52001 Telephone: (563) 583-4113 28E AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING DUBUQUE COUNTY, IOWA BETWEEN AND AMONG THE ASBURY COMMUNITY FIRE DEPARTMENT, BERNARD COMMUNITY FIRE ASSOCIATION, CASCADE COMMUNITY FIRE ASSOCIATION, THE CITY OF CASCADE, CENTRALlA/PEOSTA VOLUNTEER FIRE DEPARTMENT, THE CITY OF DUBUQUE, THE CITY OF DYERSVILLE, DYERSVILLE COMMUNITY FIRE DEPARTMENT, THE CITY OF EPWORTH, EPWORTH COMMUNITY FIRE DEPARTMENT THE CITY OF FARLEY, HOLY CROSS/NORTH BUENA VISTA FIRE DEPARTMENT, KEY WEST COMMUNITY FIRE DEPARTMENT, NEW VIENNA/LUXEMBURG FIRE ASSOCIATION, SHERRILL FIRE PROTECTION ASSOCIATION, WORTHINGTON COMMUNITY FIRE DEPARTMENT, AND THE DUBUQUE COUNTY EMERGENCY MANAGEMENT COMMISSION This Agreement, dated for reference purpose the _ day of , 2005, is made pursuant to Iowa Code Chapter 28E between and among the Asbury Community Fire Department, Bernard Community Fire Association, Cascade Community Fire Association, the City Of Cascade, Centralia/Peosta Volunteer Fire Department, the City Of Dubuque, the City Of Dyersville, Dyersville Community Fire Department, the City Of Epworth, Epworth Community Fire Department, the City Of Farley, Holy Cross/North Buena Vista Fire Department, Key West Community Fire Department, New Vienna/Luxemburg Fire Association, Sherrill Fire Protection Association, Worthington Community Fire Department, and the Dubuque County Emergency Management Commission. WHEREAS, the undersigned parties are Members of the Dubuque County Firefighters' Association (the Association); and WHEREAS, a stated purpose of the Association is the mutual aid In fire protection and fire prevention; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional fire fighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Iowa Code Chapter 28E provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, the parties mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1. Authority to Request or to Respond to a Request to Provide Assistance. The authority to make a request for assistance or to respond to a request for assistance under this Agreement shall reside in the Member department fire chief or such chiefs official designee only. For purposes of this Agreement, the "requesting department" shall mean the fire chief or chiefs designee requesting assistance and the "responding department" shall mean the fire chief or chief's designee sending assistance. Any Member department shall have the right to request assistance from any other Member department or departments, subject to the terms and conditions of the Agreement. For the purpose of this Agreement, the terms "Member department" and "Member" shall mean the fire department of the respective parties hereto. Section 2. When Assistance may be Requested. A Member department may request assistance from another Member department only when the requesting department has concluded, based upon actual circumstances, that such assistance is essential to protect life and/or property at a location afforded fire protection service by the requesting department. Section 3. Response to Request. Upon request, a responding department, upon determination by its chief that an emergency situation exists, and subject to the chief's determination of availability of personnel and equipment, shall dispatch firefighting personnel and equipment to aid the requesting department. 2 Section 4. Personnel and Equipment Provided. (a) The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required and shall specify the location where the personnel and equipment are needed. (b) The final decision on the number and the amount and type of equipment and the number of personnel to be sent shall be solely that of the responding department's chief. The responding party shall not be liable for any acts associated herewith provided that the final decision is made with reasonable diligence. (c) No Member department shall make any claim whatsoever against another Member department for the refusal to send the requested equipment or personnel where such refusal is based on the judgment of the chief of the responding department that such personnel and equipment are needed to protect the jurisdiction of the responding department. Section 5. Command at Fire Scene. (a) The responding department personnel and equipment shall report to the command officer of the requesting department who shall be in charge at the emergency scene unless the command officer specifically relinquishes such authority to another officer. The command officer shall have the authority to issue reasonable orders and directives and the responding department and responding officer shall act on said orders. (b) The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and/or equipment are needed in the responding department's home district. Responding department personnel and equipment may withdraw from the emergency scene upon giving notice to the command officer at the emergency that the responding department is needed in its home jurisdiction. (c) It is agreed 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 6. No Reimbursement for Costs. No Member department shall be required to reimburse any other Member department for the cost of providing the services set forth in this Agreement. Each Member department shall pay its own costs, including but not limited to salaries, repairs, materials, compensation, for responding to the request of another member department. However, a requesting department shall provide without charge, such additional fuel as may be required by a responding department to carry on the combined firefighting efforts after its initial fuel supply is 3 depleted, plus sufficient fuel to fill the responding department's fuel tanks before the responding department returns to its home jurisdiction. Section 7. Liability. (a) Employees of any Member department acting pursuant to this Agreement shall be considered as acting at all times under the lawful orders and instructions of their employer Member department. Under no circumstances shall such employees be considered employees of any other Member or department. (b) Each Member department hereby waives all claims against every other Member department for any loss, damage, injury or death occurring as a consequence of the performance of this Agreement. (c) Each Member department shall bear its own liability and cost for damage to its equipment and for the death of or injury to its personnel, whether the death, injury or damage occurred at a fire in the Member's own fire protection area, or at another Member department's fire protection area. (d) Each Member agrees to indemnify, defend and hold harmless all other Members for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property, or death of or injury to a private person whether caused by the Member's personnel or equipment in the performance of this Agreement, except where such loss, damage, death or injury is the result of wanton and willful misconduct by an employee of a Member. For purposes of this Agreement, "private person" and "private property" means a person not an employee or volunteer of a Member fire department and property not belonging to a Member. Section 8. Insurance. Each Member agrees that during the term of this Agreement, it shall at its own expense, purchase and maintain the following insurance in companies properly licensed and authorized to do business in the state of Iowa and satisfactory to the other Members: Commercial General Liability including coverage for direct operations, independent contractors, contractual liability and completed operations, with limits not less than the following: General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Automobile $1,000,000 combined single limit. 4 . Workers Compensation and Employers Liability where required by law. Statutory for Coverage A Employers Liability: Each Accident Each Employee Disease Policy Limit Disease $ 100,000 $ 100,000 $ 500,000 Professional Liability $1,000,000 Section 9. Miscellaneous Provisions. Each Member department shall have available sufficient adapters for equipment connections for use by other Member departments performing under the terms and conditions of this Agreement. Section 10. Term of Agreement. This Agreement shall be in full force and effect upon execution by all of the parties hereto and the filing and recording thereof as provided in Section 13. This Agreement shall have a term of three (3) years commencing on the date of filing and recording and thereafter shall continue in effect from year to year. This Agreement may be amended by written agreement of all of the parties. Any Member may withdraw from this Agreement by giving thirty days' written notice of withdrawal to the governing body of each of the other Members by certified mail. Such notice shall only be effective if duly approved by the governing body of the withdrawing Member. Section 11. Administration of Agreement. This Agreement shall be administered by the Dubuque County Fire Fighters Association, which shall periodically review the Agreement and attempt to resolve any problems which may arise in carrying out the Agreement. Section 12. Notices. Any notice required by this Agreement shall be sent to the address of each Member as set forth below. Section 13. Prior Fire Mutual Aid Agreements. This Agreement supercedes any and all prior fire mutual aid or fire protection agreements between and among the Members. Section 14. Filing and Recording. Upon execution by all of the parties hereto, this Agreement shall be filed with the Secretary of State and the Dubuque County Recorder. Copies of the Agreement shall be supplied to all Member departments and their respective governing bodies. An original copy shall remain on file in the Dubuque City/County Emergency Management Agency. 5 Resolution # WHEREAS, the local fire department is a Member of the Dubuque County Firefighters' Association (the Association); and WHEREAS, a stated purpose of the Association is the mutual aid in fire protection and fire prevention; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional fire fighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Iowa Code Chapter 28E provides that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF that in order to give fire and emergency assistance when needed on a reciprocal basis, the City hereby adopts the Dubuque County Fire Association Mutual Aid Agreement which is attached hereto and incorporated by reference. Mayor Date: ATTEST: City Clerk Date: