HomeMy WebLinkAbout2018-05-07-J01O Waukee-Clive Fire-EMS 28E AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 7th, 2018
AGENDA ITEM:Consideration of approval of a resolution approving Intergovernmental
Agreement for Fire and Emergency Medical Services for the Cities of Clive
and Waukee, Iowa
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: This is an extension of a current 28 E with the city of
Clive. This 28 E will expire when Urbandale station 43 is complete or
12/2019, whichever is first). The city of Clive, due to extended response
times in the western portion of their city, would like to enter into an
agreement that facilitates Waukee FD responding first due, as Waukee is
geographically closer.
At the current call volume, this is one to two calls per month on average. On
average this will be very little impact to the residence of Waukee. If the call
volume increases and places unforeseen burden of the Waukee FD, the city
can opt out of the 28E.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:The city of Waukee will
invoice patients under the ambulance billing fee schedule, the same as if they
were Waukee residence. At the current call volume the estimate is $20,000 in
billable revenue.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Recommend approval.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Intergovernmental Agreement
PREPARED BY: Clint Robinson
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1O
THE CITY OF WAUKEE, IOWA
RESOLUTION 18-
RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT
FOR FIRE AND EMERGENCY MEDICAL SERVICES
FOR THE CITIES OF CLIVE AND WAUKEE, IOWA
WHEREAS, the City of Waukee (the “City") desires to execute an Intergovernmental
Agreement for Fire and Emergency Medical Services for the Cities of Clive and Waukee, Iowa
(“Agreement”) regarding the provision of fire suppression and emergency medical services
response for defined geographical areas within the City of Clive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WAUKEE, IOWA:
That the City approves the Intergovernmental Agreement for Fire and Emergency
Medical Services for the Cities of Clive and Waukee, Iowa; and the Mayor, is
hereby authorized and directed to execute said Agreement on behalf of the City.
PASSED AND APPROVED THIS 7th day of May, 2018.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
INTERGOVERNMENTAL AGREEMENT
FOR FIRE AND EMERGENCY MEDICAL SERVICES
FOR THE CITIES OF CLIVE AND WAUKEE, IOWA
This Agreement is made and entered into, on the effective date herein, by and among the
City of Clive, Iowa (“Clive”) and the City of Waukee, Iowa (“Waukee”), (collectively, the “Cities”) as
municipal corporations organized and existing under the laws of the State of Iowa, in
consideration of the following promises and agreements and upon the following terms and
conditions:
1. PURPOSE: On July 1, 2016, Clive and Waukee entered into an intergovernmental
agreement for fire and emergency medical services. This Agreement established a two
year term beginning July 1, 2016, and ending on June 30, 2018. This Agreement will
repeal and replace any previous Agreement or extensions of the Agreement. In
recognition of the need to protect life and property from the devastating effects of fire
and/or medical emergencies, the purpose of this Agreement is for the City of Waukee to
provide fire and emergency medical services response within a defined area of the City of
Clive. This Agreement shall be construed to effectuate its purpose through the joint
exercise of governmental power in the manner described in this Agreement and pursuant
to Iowa Code Chapter 28E.
2. TERM: The term of this Agreement shall commence on July 1, 2018. The agreement shall
thereafter remain in full force and effect until December 31, 2019 or until Urbandale
Station 43 is operational, whichever is earlier. This Agreement may be amended or
terminated prior to the expiration of the term upon resolution by the City Council of Clive
or the City Council of Waukee, or as may otherwise be provided in this Agreement.
3. DEFINITIONS:
a. FIRST DUE: For purposes of this Agreement, the term “First Due” shall mean the
apparatus expected to arrive first to fire and/or medical emergencies.
4. NO SEPARATE LEGAL ENTITY OR PROPERTY DISPOSITION: No separate legal entity
is created by this Agreement and no personal property shall be acquired by the City of
Clive or the City of Waukee. The City of Waukee will own, maintain, house and staff the
fire protection and other emergency equipment used under this Agreement.
5. FIRE SUPPRESSION AND EMERGENCY MEDICAL SERVICES: The City of Waukee agrees
to provide fire suppression and emergency medical services response for all property
within the City of Clive, as defined below, unless the requested service is unavailable or
otherwise engaged at the time:
a. Fire Suppression: First due fire suppression response for locations in Clive, West of,
and including 156th Street.
b. Emergency Medical Services: First due ambulance response for locations in Clive,
West of, and including 156th Street.
The Westcom computer aided dispatch system evaluates the shortest response times in
the defined area between Clive, Urbandale, and Waukee resources.
6. MUTUAL AID: In the event the requested service is unavailable or otherwise engaged at
the time, Clive will follow its normal procedures for response.
7. COMPENSATION: The City of Waukee will bill patients directly for emergency medical
services provided, pursuant to fee schedules outlined in the City of Waukee Code of
Ordinances. No other compensation will be paid by the City of Clive, unless otherwise
agreed upon.
8. INDEMNIFICATION: Each City agrees to indemnify and to hold the other City, their
elected officers, agents, employees and successors and assigns, harmless from and against
all claims, demands, actions and/or causes of actions, judgments, settlements, or other
costs, including reasonable attorney’s fees, which the other parties, their successors and
assigns, may incur or sustain a) by reason of the indemnifying party’s breach of this
Agreement or failure to legally or timely meet the responsibilities imposed herein
(including, but not limited to, any financial obligations herein), or b) by reason of the
torts of indemnifying party. Clive shall indemnify, defend and hold harmless Waukee for
damages, claims, demands, suits, judgments, costs and expenses arising from a loss or
damage to private property and/or the death of or injury to private persons, relating to
fire and emergency medical services or any other actions taken. Waukee shall indemnify,
defend and hold harmless Clive for damages, claims, demands, suits, judgments, costs and
expenses arising from a loss or damage to private property and/or the death of or injury
to private persons, relating to fire and emergency medical services or any other actions
taken.
9. AGREEMENT – METHOD OF APPROVAL: The Cities hereto approve this Agreement by
Resolution, which Resolution shall authorize the respective Mayors to execute this
Agreement.
10. AGREEMENT – FILING WITH THE IOWA SECRETARY OF STATE: When this Agreement
has been approved by the Cities hereto, this Agreement shall be electronically filed with
the Secretary of State of the State of Iowa in accordance with the provisions of 28E.32
Code of Iowa. Clive will be responsible for the appropriate filings.
11. MODIFICATION OF THE AGREEMENT: Modifications to this Agreement shall require
the approval by resolution of both City Councils at the time of the proposed modification.
12. NOTICES: Any notice under this Agreement shall be in writing and shall be deemed to be
given when deposited in United States Post Office.
a. Notices to Clive shall be addressed: City Manager, City of Clive, 1900 NW 114th
Street, Clive, IA 50325.
b. Notices to Waukee shall be addressed: City Administrator, City of Waukee, 230 W.
Hickman Road, Waukee, IA 50263.
c. If during the term of this Agreement a City shall change the address of its City Hall or
seat of municipal government, it shall notify the other City of said new address and
the new address shall be by mutual agreement substituted for the address herein
provided.
13. ARBITRATION: Should any other dispute arise concerning the interpretation or
operation of this Agreement which the parties are unable to resolve, then any such
dispute shall be submitted to an arbitrator mutually agreeable to the parties; or, in
absence of such agreement, to an arbitrator chosen by the Chief Judge of the Fifth Judicial
District of the State of Iowa. In either event, the determination of such arbitrator as to the
dispute submitted to the arbitrator shall be final.
14. MUTUAL AID AGREEMENTS: This Agreement is not intended to abrogate or
unnecessarily amend existing mutual aid Agreements between the parties.
Passed and approved this ______ day of ______________________, 2018.
CITY OF Clive, Iowa
By_____________________________
Scott Cirksena, Mayor
ATTEST:
_________________________________
Joyce Cortum
City Clerk
CITY OF Waukee, Iowa
By______________________________
William Peard, Mayor
ATTEST:
_________________________________
Becky Schuett
City Clerk