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HomeMy WebLinkAboutRESOLUTION NO. 2016-96 i RESOLUTION2016-96 WHEREAS, the Fairfax Fire and Rescue Department has submitted a 28E Agreement for Mutual Assistance for Linn County Fire/Rescue Services and is recommending the City of Fairfax enter this 28E Agreement; and WHEREAS, the Fairfax City Council supports the idea of mutual assistance between the fire and rescue departments. NOW, 'THEREFORE, BE IT RESOLVED, the City Council of the City of Fairfax, Linn County, Iowa, does by this resolution enter into the attached 28E Agreement for Mutual Assistance for Linn County Fire/Rescue Services; and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and. City Clerk/Treasurer are hereby authorized and directed to execute said 28E Agreement and this Resolution. Passed and approved this 13th day of September, 2016, AYES: Beer, Daly, Kell, "Folk, and Wainwright NAYS: None a Burnell Frieden, Mayor ATTEST: Cy thia Stimson, City Clerk/Treasurer f ,, � #• 11 iii •yJ,� sser� rr�l' ,�; 28E AGREEMENT FOR MUTUAL ASSISTANCE for Linn County Fire/Rescue Services WHEREAS, the undersigned entities provide fire/rescue services and/or emergency medical services in Linn County and/or an adjoining county; and WHEREAS,there has been a long standing Mutual Aid Agreement among Linn County fire/rescue and emergency medical services to provide mutual aid; and WHEREAS, that Agreement is more than twenty-five years old and should be updated; and WHEREAS,the undersigned entities have a desire to assist any other of the other undersigned entities in a time of need; and WHEREAS,the undersigned entities each maintain adequate firelirescue and/or emergency medical services, equipment, and personnel to respond to the normal emergencies occurring within their respective jurisdictions; and WHEREAS,situations may arise in regard to medical and fire/rescue 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 medical and/or fire/rescue services upon a reciprocal basis; and WHEREAS, the governing 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 firelrescue mutual assistance of one entity to the other in such emergency situations requiring additional, special personnel, and/or equipment. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. 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 Party ("Assisted Party") to this Agreement. B. Incident Commander.. 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, special equipment needs or magnitude of event, concludes-, based upon actual circumstances that assistance is needed to protect life and/or property within its Page 1 of 41 28E Agreement for Mutual Assistance for Unin County Fire/Rescue Services—2015 F:INAL jurisdiction. The Parties contemplate an Emergency to involve short duration, defined in hours rather than days. D. Assisted Party, Entity requesting mutual aid assistance, E. Assisting Party. Entity responding to the request for mutual aid assistance, F. Emergency medical services or EMS, Means an integrated medical care delivery system to provide emergency and nonemergency medical care at the scene or during out-of-hospital patient transportation in an ambulance. From the IDPH Bureau of EMS 641 Chapter 147. 11. 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. 111. 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 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. All emergency incident activity shall be conducted in accordance with procedures consistent with the Incident Command System and the National Incident Management System, V. Liability Employees or volunteers of either Party acting pursuant to this Agreement shall be Page 2 of 41 28E Agreement for Mutual Assistance for Linn County Fire/Rescue Services—2015 FINAL 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 emp1loyees or volunteers of the other Party. 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 a 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. 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 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 IV 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 or immunities available under applicable law. This article shall survive the termination of this Agreement where necessary to protect each Party to this Agreement. V1. 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 may bill the patient for the supplemental services pursuant to accepted billing standards. In the event the Assisted Party does not charge for ambulance services, the Assisting Party will bill the responsible party for services rendered and retain one hundred percent (100%) of fees collected, Page 3 of 41 2BE Agreement for Mutual Assistance for Linn County Fire/Rescue Services—2015 RNAL For fire/rescue 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. The Assisting Party may bill the responsible party at a hazardous material incident to reclaim costs associated with responding to the call. MI. Termination This Agreement may be terminated for any reason by any Party by giving written notice, by certified mail to the Linn County Emergency Management Agency. This agreement shall thereafter be terminated as to the Party giving the written notice, effective sixty (60) days after receipt of said notice. Upon termination, the terminating Party shall have no further responsibility or obligation under this agreement, except as otherwise specifically provided herein, This agreement shall continue in full force and effect as to all other Pates that have not provided written notice of termination. 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 Linn County Emergency Management Agency a certified copy with the Secretary of State and the Linn County Recorder. 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, Ilk Amendments This Agreement represents the entire Agreement of the Parties. Any amendments must be in writing, approved by the governing body of all Parties, executed by the authorized representatives of all 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. X1. No Separate Entity Created It is the intent of the Parties not to create a separate legal entity or administrative agency under this Agreement. Page 4 of 41 ZBE Agreement for Mutual Assistance for Linn County Fire/Rescue Services—2015 HINAL 28E AGREEMENT FOR MUTUAL ASSISTANCE For Linn County Fire/Rescue Services Participating Jurisdiction Jurisdiction: Date Last Signed: City of Alburnett Otter Creek Township (Alburnett) City of Anamosa City of Atkins Fire District of Benton #3 & Linn # 5/Atkins Cedar Rapids City of Center Point City of Central City Fire District Linn# 3/Central City City of Coggon Fire District#71Coggon Eastern Iowa Airport Public Safety College Ely Putnam Fire Protection and Emergency Response Agency City of Fairfax City of Hiawatha City of Lisbon Linn County Hazardous Materials Team City of Marion Township of Marion City of Martelle-Morley Rural Fire Association City of Mt Vernon Fire District# 1/Mt Vernon Township of Monroe City of Palo Fire District#6/Palo City of Prairieburg Fire District#4/Prairleburg Page 5 of 41 28E Agreement for Mutual Assistance for Linn County Fire/Rescue Services—2015 RNAL City of Robins City of Springville Township of Brown/Springville Township of Troy Mills . Township of Spring Grove/Troy Mills Township of Cono/Troy Mills City of Walker Township of Bertram Page 6 of 41 28E Agreement for Mutual Assistance for Linn County Fire/Rescue Services--2015 FINAL 28E AGREEMENT FOR MUTUAL ASSISTANCE For Linn County Fire/Rescue Services By authorized signature of this Agreement, Parties agree to the 28E Agreement for Mutual Aid Assistance for fire/rescue and medical services. Effective Date: Jully 1, 2016 City of Fairfax Mayor Dated 24 Aft4t Dated /.Y Fire Chief DEW 41 4J4 Page 20 of 41 282 Agreement for Mutual Assistance for Linn County FireRescue Services—2015 RNAL