Loading...
HomeMy WebLinkAbout2023-06-05 I01E_01 28E Agr_FD Mobile Ventilation UnitAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 5th, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental Agreement by and between the Cities of Ankeny, Altoona, Clive, Urbandale, Waukee, West Des Moines; Grimes/Johnston Metropolitan Fire Department [Mobile Ventilation Unit] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The fire department would like to enter a 28 E to cost share the purchase and ongoing costs for a mobile ventilation unit with seven metro cities. The MVU is a large fan mounted on a trailer. The purpose is to ventilate smoke and toxic gases from large buildings such as warehouses and schools. The city of Urbandale has purchased and taken delivery of the unit as part of their capital improvement program. The cost and frequency of use of this equipment would be cost prohibitive for each city alone. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The total cost of the MVU is $191,511. The City of Waukee share is $27,358.71. This cost will be included in the FY25 budget requests. The city of Urbandale will invoice the city for our share of ongoing maintenance costs on an annual basis. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. 28E Agreement PREPARED BY: Fire Chief Clint Robinson REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E1 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITIES OF ANKENY, ALTOONA, CLIVE, URBANDALE, WAUKEE, WEST DES MOINES; GRIMES/JOHNSTON METROPOLITAN FIRE DEPARTMENT [MOBILE VENTILATION UNIT WHEREAS, the Cities of Ankeny, Altoona, Clive, Urbandale, Waukee, West Des Moines; Grimes/Johnston Metropolitan Fire Department (the “Cities”) desire to enter a 28E Agreement to cost share the purchase and ongoing costs for a mobile ventilation unit (MVU), as the cost and frequency of use of this type of equipment would be cost prohibitive for each City alone; AND, WHEREAS, the City of Urbandale has purchased and taken delivery of the MVU as part of their capital improvement program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA: That the Intergovernmental Agreement by and between the Cities of Ankeny, Altoona, Clive, Urbandale, Waukee, West Des Moines; Grimes/Johnston Metropolitan Fire Department [Mobile Ventilation Unit] is hereby approved and accepted by this City Council, and the Mayor is hereby authorized and directed to execute said agreement on behalf of the City. PASSED AND APPROVED THIS 6th DAY OF JUNE, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair INTERGOVERNMENTAL AGREEMENT FOR THE FUNDING AND OPERATION OF A MOBILE VENTILATION UNIT BY THE CITIES OF ANKENY, ALTOONA, CLIVE, GRIMES/JOHNSTON METROPOLITAN FIRE DEPARTMENT, URBANDALE, WAUKEE AND WEST DES MOINES THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into effective this 1st day of May, 2023, by and between the CITY OF ANKENY, IOWA, a municipal corporation (“Ankeny”), CITY OF ALTOONA, IOWA, a municipal corporation (“Altoona”), CITY OF CLIVE, IOWA, a municipal corporation ("Clive"), CITY OF JOHNSTON, IOWA, a municipal corporation (“Johnston”), CITY OF GRIMES, IOWA, a municipal corporation (“Grimes”), the CITY OF URBANDALE, IOWA, a municipal corporation ("Urbandale"), the CITY OF WAUKEE, IOWA, a municipal corporation ("Waukee"), and the CITY OF WEST DES MOINES, IOWA, a municipal corporation ("West Des Moines") (Altoona, Ankeny, Clive, Johnston, Grimes, Urbandale, Waukee, and West Des Moines, are referred to herein individually as a "City" or jointly as the "Cities"), pursuant to Chapter 28E of the Iowa Code. WHEREAS, the cities of Johnston and Grimes share a fire department (Johnston-Grimes Metropolitan Fire Department), the cost share will be as one city. WHEREAS, each City’s fire department has established the need to periodically provide ventilation of large spaces during fires, other responses and events. WHEREAS, the purchase of a mobile ventilation unit by each City is not practical or warranted. WHEREAS, to most efficiently and cost effectively purchase a mobile ventilation unit that can be shared between the Cities, the Cities desire to jointly purchase and operate a mobile ventilation unit. NOW, THEREFORE, the parties hereto agree as follows: 1. Joint Purchase and Operation of a Mobile Ventilation Fan. The Cities agree to contribute funds to operate a mobile ventilation unit (the “MVU”) to be used by the staff of the Ankeny Fire Department, Altoona Fire Department, Clive Fire Department, Johnston-Grimes Metropolitan Fire Department, Urbandale Fire Department, Waukee Fire Department, and the West Des Moines Fire Department (referred to herein as the “Fire Departments”). This Agreement shall not create a separate legal or administrative entity. The Fire Chiefs of the Cities shall be designated as the administrators of this Agreement. 2. Lead Agency of MVU. Urbandale shall serve as the lead agency for the project, including the purchasing process. In consideration for the contributions to the purchase and operations of the MVU, the Cities shall have the right to use the MVU as set forth in this Agreement. 3. Cost sharing. The initial purchase price for the MVU shall be divided equally between the participating fire departments. The purchase price is one hundred ninety-one thousand and five hundred and eleven dollars ($191,511.00). 2 4. Operation of MVU. Service/Maintenance costs are shared by all cities and each City will be billed for a share of the on-going service and maintenance cost. Each City is responsible for fuel and supplies used while in service for each City. Urbandale shall bill each City for their share of the annual service and maintenance costs as Urbandale receives the invoices for such costs, and the Cities agree to pay Urbandale for such costs within thirty (30) days following the receipt of the invoice from Urbandale and approval of such invoice. Each City shall provide personnel to be trained in the set up and operations of the MVU. The MVU shall be used only by personnel who are trained in the operation of the MVU. 5. Addition of New Users. If approved by each City, a new city that is not a party to this original Agreement may be permitted to join as a party to the Agreement by Addendum, provided that: i. the new city pays a proportional share of the initial investment to each City based on the original cost, and ii. the new city shall pay an equal portion of the on-going service/maintenance cost. iii. any non-participant of this agreement may request the use of the MVU through existing mutual aid agreements. The Fire Chiefs of the parties of this agreement shall develop a fee schedule for the use of the MVU by agency that are non-participants of this agreement. 6. Liability/Indemnification. To the extent permitted by law, each City shall indemnify, defend and hold harmless the other Cities that are parties to this Agreement, their officers, agents and employees, from and against any and all private party claims, suits, actions, debts, damages, costs, charges and expenses, including court costs and attorney's fees, and against all liability for property damage to private property and injuries to all persons, including death resulting therefrom, directly or indirectly, as a result or consequence of any act, omission, fault or negligence of that City, its officers, agents or employees (collectively, “Damages”) in the use and operation of the MVU. Unless caused by gross negligence, intentional acts/omissions or fraud, each City waives all claims against the other Cities that are parties to this Agreement for compensation for personal injury or death to the waiving City’s personnel or for damage to its property occurring as a consequence of its participation and performance of the activities contemplated by this Agreement. Further, to the extent permitted by law, each City shall indemnify, save, defend and hold harmless the other Cities that are parties to this Agreement, including their officers, agents and employees, against any and all claims, suits and actions, including court costs and attorney's fees, brought by the officers, agents and employees of the indemnifying City, occurring as a consequence of the participation and performance of the activities and training contemplated by this Agreement. 7. Term and Termination. This Agreement shall be effective upon the date stated above and shall remain in effect until May 1, 2038, unless earlier terminated as set forth herein or upon the agreement of the parties. Any City may terminate its use of the MVU and immediately terminate its participation in this Agreement by providing the other Cities with written notice prior to the effective date of the termination. 3 Should any City request termination of their participation in this Agreement, there will be no return of its initial or annual contributions to the purchase and operation of the MVU. 8. Disposition Assets. At the termination of the agreement, the MVU shall be sold and the value of the MVU shall be split evenly between the participating departments. 9. Notice. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or when deposited in the United States mail, postage prepaid, sent certified or registered, and addressed as follows: a. If to Ankeny, to: Ankeny Fire Department 120 NW Ash Dr. Ankeny, Iowa 50023 Attention: Fire Chief b. If to Altoona, to: Altoona Fire Chief 950 Venbury Dr, Altoona, IA 50009 Attention: Fire Chief c. If to Clive, to: Clive Fire Department 8800 Hickman Rd Clive, Iowa 50325 Attention: Fire Chief d. If to Grimes, Johnston-Grimes Metropolitan Fire Department 6373 Merle Hay Road Johnston, IA 50131 Attention: Fire Chief e. If to Johnston, to: Johnston-Grimes Metropolitan Fire Department 6373 Merle Hay Road Johnston, IA 50131 Attention: Fire Chief f. If to Urbandale, to: 4 Urbandale Fire Department 3927 121st Street Urbandale, Iowa 50323 Attention: Fire Chief g. If to Waukee, to: Waukee Fire Department 1300 L.A Grant Parkway Waukee, Iowa 50276 Attention: Fire Chief h. If to West Des Moines to: West Des Moines Fire Department 318 5th Street West Des Moines, Iowa 50265 Attention: Fire Chief or to such other address or person as hereafter shall be designated in writing by the applicable party. 9. Miscellaneous. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements and all prior and contemporaneous discussions, agreements and understandings of the parties in connection with the subject matter hereof. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed or initialed by all parties. Waiver of any provision of this Agreement shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa with jurisdiction in the state and federal courts located in Polk County, Iowa. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto (and their respective heirs, legal representatives, successors and permitted assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. In addition to any other remedies available at law or in equity to the parties hereto with respect to a breach hereof, the parties hereto each reserve the right to enforce this Agree- ment by specific performance. The titles or captions of paragraphs in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting or applying this Agreement and such title or captions do not define, limit, extend, explain or describe the scope or extent of this Agreement or any of its terms or conditions. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Each of the parties hereto hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. 6 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF ANKENY, IOWA By: ____________________________ Mayor ATTEST: ___________________________ City Clerk 7 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF ALTOONA, IOWA By: ____________________________ Mayor ATTEST: ___________________________ City Clerk 8 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF CLIVE, IOWA By: ____________________________ Mayor ATTEST: ___________________________ City Clerk 9 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF GRIMES, IOWA By: ____________________________ Mayor ATTEST: ____________________________ City Clerk 10 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF JOHNSTON, IOWA By: ____________________________ Mayor ATTEST: ____________________________ City Clerk 11 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF URBANDALE, IOWA By: ____________________________ Robert D. Andeweg, Mayor ATTEST: ____________________________ Nicole Lunders, City Clerk 12 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF WAUKEE, IOWA By: ____________________________ Mayor ATTEST: ____________________________ City Clerk 13 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF WEST DES MOINES, IOWA By: ____________________________ Mayor ATTEST: ____________________________ City Clerk