HomeMy WebLinkAbout2001-01-08-Resolutions 01-07_Mutual Assistance - 28E Agr - WDMRESOLUTION 01-07
28E AGREEMENT FOR MUTUAL ASSISTANCE
BETWEEN
CITY OF WAUKEE
AND THE CITY OF WEST DES MOINES,IOWA
WHEREAS,the goveming bodies of each agency are desirous of entering into a 28E
Agreement,the purpose of which is to provide for the emergency medical services and
fire/rescue mutual assistance of one municipality to the other in such emergency
situations requiring additional and/or special personnel and equipment.}
WHEREAS,the above named entities each maintain adequate emergency medical
services and fire/rescuer equipment and personnel to respond to the normal emergencies
occurring within their respective jurisdictions;and
WtIEREAS,situations of short duration may arise in regard to medical and fire/rescue
emergencies or circumstances which exhaust available personnel and equipment,and
require additional or specialty personnel and additional or special equipment that the
responsible jurisdiction may not have available at any given time;and
WHEREAS,to combat such emergency situations,it is desirable for the parties to render
needed emergency medical and fire/rescue services upon a reciprocal basis;and
NOW,THEREFORE,BE IT AGREED AS FOLLOWS:
I.Definitions
A.Mutual Aid.The assistance of emergency medical and fire/rescue
personnel and equipment provided by one Party ("Assisting Party")and
requested by the other patty ("Assisted Party")to this Agreement.
B.Incident Co=ander.The person who,by virtue of his/her position with
the Assisted Party is responsible for the overall command and direction of
the Emergency response activities.
C.Emergency.Any situation where a Party,due to lack of personnel or
training,or magnitude of event,concludes,based upon actual
circumstances,that assistance is needed to protect life and/or property
within its jurisdiction.The Parties contemplate an Emergency to involve a
short duration,defined in hours rather than days.
II.Purpose
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This agreement is made pursuant to Chapter 28E,Code of Iowa.The purpose of
this Agreement is to provide for Mutual Aid in case of an Emergency arising
within the jurisdiction of the Parties to this Agreement.
III.Requests for Assistance
All requests for Mutual Aid in an Emergency shall be made by the Emergency
Medical Services Director,fire Chief or designee of the Assisted Party.Such
requests shall state the exact nature of the Emergency and shall include the
amount and type of equipment and the number and skills of personnel required,
and shall specify the location where the personnel and equipment are needed.The
final decision on type and amount of equipment and number of personnel to be
provided by the Assisting Party to the Assisted Party shall be at the sole discretion
of the Assisting Party.Further,the Assisting Party shall be held harmless by the
Assisted Party from liability in connection with its final decision on type and
amount of equipment and number of personnel to be provided to the Assisted
Party.
IV.Authority Over Joint Operations
The Incident Commander of the Assisted Party shall retain overall control of all
Emergency response activities.The ranking supervisor of the Assisting Party
shall remain in direct command of his/her personnel and equipment subject,
however,to the direction and control of the incident Commander.
It is understood that the purpose of this section is to maintain order for the
Emergency response and shall not be construed to establish an
employer/employee relationship.
V.Liability
Employees or volunteers of either Party acting pursuant to this Agreement shall
be considered as acting under the lawful orders and instructions pertaining to their
employment or volunteer status with such Party.Under no circumstances are
employees or volunteers of one Party to be considered employees or volunteers of
the other Patty.
Each Patty waives all claims against the other for compensation for any property
loss or damage and/or personal injury or death to its personnel,as a consequence
of the performance of this Agreement.Each Party shall bear the liability and/or
cost of damage to its equipment and facilities,and the compensation of its
employees or volunteers,including injury or death of its personnel,occurring as a
consequence of the performance of this Agreement,whether the damages,costs,
charges and expenses,including COUItcosts and attorney's fees arising from loss
of or damage to private property,and/or the death of or injury to private persons,
arising from services or response rendered pursuant to this Agreement.Provided,
however,the Assisted Party shall indemnify,defend and hold harmless the
Assisting Party where any suits,actions,debts,damages,costs,charges or
expenses arise from execution of a specific command or order pursuant to
paragraph N of this Agreement.
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Nothing in this Agreement shall prevent or limit either Party to this Agreement
from recovering or attempting to recover costs of services rendered to a third
party where such recovery of costs is provided for by law.
This article shall survive the termination of this Agreement where necessary to
protect each Party to this Agreement.
VI.Compensation
The Party transporting a patient from an emergency location to a medical facility
will be responsible for billing the patient for services rendered.
If the Assisting Party provides supplemental services or a higher level of medical
services than the Assisted Party,such as paramedic services,the Assisted Party
shall bill the patient for the supplemental services pursuant to accepted billing
standards,and such reimburse the Assisting Party an amount equal to fifty percent
(50%)of monies collected.
Fore FirelRescue services,no party shall be required to reimburse any other party
for the cost of providing the fire department services set forth in this Agreement.
Each party shall pay its own costs for responding to calls.
]
VII.Termination
This Agreement may be terminated for any reason by either Party by giving
written notice,by certified mail,to the City Clerk of the other Party.This
Agreement shall thereafter terminate sixty (60)days from the date of receipt of
termination notice.Upon termination,each Party shall have no further
responsibility or obligation under this Agreement,except as provided herein.
VIII.Effective Date
This Agreement shall be in full force and effect upon the approval by the
governing body of each Party and upon filing,by the City of West Des Moines,of
a certified copy with the Secretary of State and the Dallas and Polk County
Recorders.This Agreement shall remain in full force and effect for an indefinite
period of time from the effecti ve date hereof until terminated as provided in
paragraph VII.I I
IX.Amendments
This Agreement represents the entire Agreement of the Parties.Any amendments
must be in writing,approved by the goveming body of both parties,executed by
the authorized representatives of both Parties.
X.Validity
In the event any part or paragraph of this Agreement is declared void as being
contrary to Iowa law,the remaining portions of this Agreement that are valid shall
continue in full force and effect.
XI.No Separate Entity Created
It is the intent of the Parties not to create a separate legal entity or administrative
agency under this Agreement.
CITY OF WAUKEE
Attest:
ity Administrator
CITY OF WEST DES MOINES
Eugene Meyer,Mayor
Attest:
Jody Smith,City Clerk/Director of Administrative Services
ROLLCALL AYES NAYS ABSENT
Nicholas Gruber
Marvin Berger
x
X
Mike Watts
Bill Peard
Wayne Johnson
x Ix
x
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