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Home My WebLink About2016-05-02-J06 Clive Fire-EMS 28E Agr AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 2, 2016 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: Resolution SYNOPSIS INCLUDING PRO & CON: 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. Waukee will send an ambulance, if available, as first due to any ambulance response in Clive West of, and including 156th Street. Waukee will send an engine, if available, as first due to any fire suppression response in Clive, West of, and including 163rd Street. 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: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES FOR THE CITIES OF CLIVE AND WAUKEE, IOWA 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, the City of Clive and the City of Waukee deem it beneficial to enter into an agreement pursuant to Iowa Code Chapter 28E in order for the City of Waukee to provide fire and emergency medical services response within a defined area of the City of Clive; AND, WHEREAS, the City Attorney has reviewed the proposed agreement and finds it satisfactory; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the Intergovernmental Agreement for Fire and Emergency Medical Services for the Cities of Clive and Waukee, Iowa. Passed by the City Council of the City of Waukee, Iowa, and approved the 2nd day of May, 2016. ____________________________ William F. Peard, Mayor Attest: ________________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson 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: 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, 2016. The agreement shall thereafter remain in full force and effect for a term of two years, but may be amended or terminated prior to the expiration of the two year 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 163rd Street. b. Emergency Medical Services: First due ambulance response for locations in Clive, West of, and including 156th Street. 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 ______________________, 2016. 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