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HomeMy WebLinkAbout2020-12-21-J01L Dallas Co Fire 28E AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 21st, 2020 AGENDA ITEM:Consideration of approval of a 28 E agreement with Dallas and surrounding counties (Fire and EMS). FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Waukee fire department provides and receives mutual aid from Dallas county fire/EMS agencies; this updated 28E provides language allowing a municipality to invoice another municipality where an incident occurs, if the incident last twelve or more hours. This language also facilitates the ability to receive funding from FEMA in the event of a disaster. Council approved a similar 28 E with Polk County in 2016. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Cost may be incurred if Waukee has an incident requiring mutual aid to be on scene for twelve or more hours. Also allows Waukee to invoice if we are assisting an agency for twelve or more hours. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Steve Brick has reviewed and has no issues from a legal standpoint. Staff recommends approval RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution & Agreement PREPARED BY: Fire Chief Clint Robinson REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1L THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING CHAPTER 28E AGREEMENT FOR MUTUAL ASSISTANCE FOR DALLAS COUNTY AREA FIRE/RESCUE SERVICES IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, Dallas County area fire/rescue and emergency medical services entities wish to enter into a Chapter 28E Agreement to provide mutual aid in Dallas County and adjoining counties in time of need; AND, WHEREAS, a 28E agreement is proposed to provide for the emergency services on one participating entity to another in such emergency of needed situations requiring additional, special personnel and/or equipment; AND, WHEREAS, the City Attorney has reviewed the proposed 28E Agreement and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 21st day of December, 2020, that it hereby approves a Chapter 28E Agreement for Mutual Assistance for Dallas County Area Fire/Rescue Services, and that the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Page 1 of 6 R19 10 23 28E AGREEMENT FOR MUTUAL ASSISTANCE for Dallas County Area Fire/Rescue Services Suggested Parties: Adel - Dallas Center - Dallas County - Dexter - Linden - Redfield - Waukee - Bouton - Dawson - Granger - Minburn - Urbandale - West Des Moines - Clive - Desoto - Grimes - Perry - Van Meter – Woodward – Benefitted Fire Districts of Dallas County – Panora – Earlham – Madrid – Dallas County Emergency Management Agency Prepared by Dallas County Emergency Management Agency on October 23, 2019. 25747 N Ave, Suite F, Adel, Iowa, 50003 Return to: Dallas County Emergency Management Agency ema@dallascountyiowa.gov Page 2 of 6 R19 10 23 28E AGREEMENT FOR MUTUAL ASSISTANCE for Dallas County Area Fire/Rescue Services WHEREAS, the undersigned entities (“Party” or collectively “Parties”) provide fire/rescue services and/or emergency medical services (“Emergency Services”) in Dallas County and/or the adjoining counties of Boone County, Adair County, Guthrie County, Greene County, Madison County, Polk County and Warren County (“adjoining counties”); and WHEREAS, there has been a long standing desire among Dallas County fire/rescue and emergency medical services and/or other entities to provide mutual aid in Dallas County and adjoining counties in a time of need; WHEREAS, the Parties have a desire to assist each other in time of need; and WHEREAS, the Parties each maintain adequate Emergency Services equipment and personnel to respond to the normal emergencies occurring within their respective jurisdictions; and WHEREAS, situations may arise in regard to emergencies or circumstances which exhaust available personnel and equipment, or require additional or specialty personnel or additional and/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 Services upon a reciprocal basis; and WHEREAS, the governing bodies of each party are desirous of entering into this 28E Agreement (“Agreement”), the purpose of which is to provide for the Emergency Services of one entity to the other in such emergency or needed situations requiring additional, special personnel, and/or equipment. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: I. Incorporation of Recitals The foregoing Recitals are incorporated herein as if fully set forth in this paragraph. II. Definitions A. Mutual Aid. The assistance of Emergency Services personnel and equipment provided by one Party (“Providing Entity”) and requested by the other Party (“Requesting Entity”) to this Agreement. Page 3 of 6 R19 10 23 B. Incident Commander. The person who, by virtue of his/her position with the Requesting Entity, 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, special equipment needs or magnitude of event, and based upon actual circumstances, concludes that assistance is needed to protect life, stabilize the incident, and/or protect property within its jurisdiction. D. Primary party. A party which is not part of an existing countywide mutual aid agreement. May be a requesting or providing entity. E. Secondary party. A party which is part of an existing fire/rescue services mutual aid agreement. May be a requesting or providing entity. III. Purpose 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. IV. Request for Assistance All requests for Mutual Aid in an Emergency shall be made by an Emergency Services director or designee of the Requesting Entity. 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 of type and amount of equipment and number of personnel to be provided by the Providing Entity to the Requesting Entity shall be at the sole discretion of the Providing Entity. Further, the Providing Entity shall be held harmless by the Requesting Entity from liability in connection with its final decision on type and amount of equipment and number of personnel to be provided to the Requesting Entity. V. Authority over Joint Operations The Incident Commander of the Requesting Entity shall retain overall control of all Emergency response activities. The ranking supervisor of the Providing Entity shall remain in command of his/her personnel and equipment subject, however, to the direction and control of the Incident Commander. VI. 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 Party. Page 4 of 6 R19 10 23 Each Party waives all claims against the other for compensation for any property loss or damage and/or personal injury or death to its personnel as consequence of the performance of this Agreement. Each Party shall bear the liability and/or costs 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, injury or death occurs at an Emergency in the Party’s own jurisdiction or in the jurisdiction of the other Party. Nothing in this agreement is intended nor does it waive any right to seek federal or other assistance provided for disaster relief. Except as provided herein, each Party shall be responsible for the acts or omissions of its own employees, and shall indemnify, defend and hold harmless the Other Party, its officers, agents and employees from and against any and all suits, actions, debts, damages, costs, charges and expenses, including court costs 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 of response rendered pursuant to this Agreement. Provided, however, the Requesting Entity shall indemnify, defend and hold harmless the Providing Entity where any suits, actions, debts, damages, costs, charges or expenses arise from execution of a specific command or order pursuant to paragraph V of this Agreement. 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. The Parties to this Agreement do not waive any defenses, immunities or other limitations applicable to a respective party and nothing herein shall be so construed. Each Party to this Agreement reserves the right to fully defend all claims arising from loss of or damage to private property and/or death of or injury to private persons who are not parties to this Agreement including, but not limited to asserting defenses of immunities available under applicable law. This article shall survive the termination of this Agreement where necessary to protect each Party to this Agreement. VII. Compensation A. Emergency Services. For Emergency Services, no Party shall be required to reimburse any other Party for the cost of providing the services set forth in this Agreement, unless the incident lasts twelve hours or longer. If an incident lasts twelve hours or longer, the Providing Entity may seek compensation from the Requesting Entity for the cost of providing the services set forth in this Agreement. All services are billable if the incident lasts a minimum of twelve consecutive hours. Services include, but are not limited to: a. Personnel (including backfill personnel) b. Equipment (at rates defined by FEMA) Page 5 of 6 R19 10 23 c. Supplies (actual cost incurred, including shipping of replacement supplies.) Documentation is required in the form of an incident report which clearly lists personnel, equipment and supplies used. Supply usage also requires an actual invoice copy. d. Emergency Medical Services. 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 Providing Entity provides supplemental services or a higher level of medical services than the Requesting Entity, such as paramedic services, the Requesting Entity may bill the patient for the supplemental services pursuant to accepted billing standards. In the event the Requesting Entity does not charge for ambulance services, the Providing Entity will bill the patient for services rendered and retain one hundred percent (100%) of fees collected. e. Hazardous Materials Services. The Providing Entity may bill the responsible person (as defined by Iowa Administrative Code Sections 133.2 and 133.3) at a hazardous substance or condition incident (as defined in Iowa Administrative Code Section 133.1(2)) to reclaim costs associated with responding to the incident. VIII. Termination This Agreement may be terminated with respect to that Party for any reason by any Party by giving written notice, made in writing to the Dallas County Emergency Management Agency. This Agreement shall thereafter terminate, with respect to that Party only, sixty (60) days from the date of receipt of termination notice. Upon termination, said terminating Party shall have no further responsibility or obligation or benefits from the other Parties to the Agreement, under this Agreement, except as provided herein. IX. Effective Date This Agreement shall be in full force and effect on January 7th, 2021 at 12:01 a.m. (central time) by and between the Parties who have obtained approval hereof by their respective governing bodies. The Dallas County Emergency Management Agency shall have filed this Agreement with the Iowa Secretary of State as required by Iowa Code section 28E.9 between January 1st, 2021 and January 6th, 2021. This Agreement shall remain in full force and effect for an indefinite period of time from the effective date hereof until terminated as provided in paragraph VII. X. Prior Mutual Assistance Agreements Incidents involving a secondary party directly with another secondary party shall follow the existing fire/rescue services mutual aid agreement in its most current form. Any secondary party in direct cooperation with another secondary party, which is not covered by an existing fire/rescue services agreement, shall follow the provisions of this agreement. A secondary party however, in any direct cooperation with a primary party shall follow the provisions set forth in this agreement. Any cooperation between a primary party and another primary party shall also follow the provisions set forth in this agreement. Page 6 of 6 R19 10 23 For secondary parties, should the existing fire/rescue services mutual aid agreement (or agreements) existing at the time of adoption or amendment of this agreement be considered terminated and not replaced or amended, any secondary party of this agreement shall then be considered a primary party to this agreement. XI. Amendments This Agreement represents the entire Agreement of the Parties. Any amendments must be in writing, approved by the governing body of all Parties, and executed by the authorized representatives of all Parties. Any and all amendments must comply with the provisions of Iowa Code section 28E.8. Any and all such requirements shall be done by the Dallas County Emergency Management Agency. XII. 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. XIII. No Separate Entity Created -- Administration It is the Intent of the Parties not to create a separate legal entity or administrative agency under this Agreement. The Dallas County Emergency Management Agency shall serve as Administrator of this undertaking. XIV. No Real or Personal Property No real or personal property will be acquired, held or disposed of during this undertaking as no separate entity has been created. XV. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa (excluding conflicts of laws rules), and applicable federal law. XVI. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. 28E AGREEMENT FOR MUTUAL ASSISTANCE for Dallas County Area Fire/Rescue Services By authorized signature of this Agreement, Parties agree to the 28E Agreement for Mutual Assistance for Dallas County Area Fire/Rescue Services. Effective Date: January 7th, 2021 at 12:01 a.m. Legal Name of Jurisdiction: _____________________________________________________ Entering the agreement as a ____________________ party. (primary or secondary) Jurisdiction Official: ___________________________ Date ___________________________ Attest: ___________________________ Date___________________________ Fire Chief/Agency Director ___________________________ Date____________________ Signature Page R19 10 23