2021-22RESOLUTION 2021- 22
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Washington County for mutual aid fire and emergency
services response in the rural/suburban/special fire district within Washington County Nebraska
namely Arlington, Blair, Fort Calhoun, Fremont Rural, Kennard, Nickerson, Winslow, Craig,
Uehling and Bennington; and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of
Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON ROLL
CALL, COUNCIL MEMBERS HALL, WOLFF, WILLIS, RUMP AND STEWART VOTING
"AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED
THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 10TH DAY OF AUGUST,
2021.
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
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WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City held on the 10th day of
August, 2021.
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BRENDA WHEELER, CITY CLERK
WASHINGTON COUNT'
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
Under the authority of the Nebraska Interlocal Cooperation Act, Article 8 of Chapter 13 of
the Nebraska Revised Statutes, this Mutual Aid Agreement is hereby entered into by the
communities and the lural/suburban/special fire districts within Washington County Nebraska as
described in Section 1 below.
WHEREAS the Interlocal Cooperation Act authorizes local government agencies to enter
into agreements for purposes of providing services to each other; and,
WHEREAS the entities described in Section 1 below desire to create an agreement so that
they may work together and mutually cooperate in fighting fires and responding to other
emergencies which assume or threaten to assume proportions beyond the capacity of the fire and
EMS defenses of any individual town, rural or suburban fire district, or of any community; and,
WHEREAS the signatories to this Agreement have agreed to create the Washington
County Mutual Aid Firefighters for purposes of providing this assistance to each other; and,
WHEREAS this Agreement contemplates that these entities will provide mutual aid and
protect the safety and lives of the property within the various communities from fire loss, medical
emergencies, natural and man-made disasters.
WHEREAS Nebraska Law also provides that the signatories may contemplate
reimbursement for services and assistance rendered to other governmental agencies should such
mutual aid extend beyond the agreed upon time; and,
WHEREAS the Agreement also details the process by which the entities may recover from
each other, and may seek reimbursement when contemplated under the Nebraska Emergency
Management Act (NEMA) and the Federal Emergency Management Act (FEMA); and,
WHEREAS the signatories to this Agreement have agreed as described herein.
NOW, THEREFORE, BASED ON THE PREMISES DESCRIBED HEREIN, THE
SIGNATORIES AGREE AS FOLLOWS:
1, Washington County Mutual Aid Firefighters The signatories to this Agreement
comprise the Washington County Mutual Aid Firefighters (`WCMAF'), which is made
up of the communities and rural/suburban/special fire protection districts of
Washington County, Nebraska, namely;
Arlington, Blair, Fort Calhoun, Fremont Rural, Kennard, Nickerson, Winslow, Craig,
Uehling, Bennington
WASHINGTON COUNT'
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
The WCMAF herein shall be governed by a President, Vice President, and Treasurer.
Governance shall be limited to Fire Districts with their primary fire station located in
Washington County. The main office of the WCMAF shall be that of the Treasurer of
the WCMAF. That office may change at the desire of the WCMAF. A copy of the
Constitution and By-laws of the WCMAF shall be maintained in the office of the
signatory and shall be available for review by any member.
2. Purpose, The purpose of the WCMAF is to better ensure the safety of the lives and
property of citizens within Washington County Nebraska fiom fire loss, medical
emergencies, and natural disasters. Each signatory that is a member of the WCMAF
initiates their mutual cooperation in fighting fires and other emergencies, which assume
or threaten to assume, proportions beyond the capacity of the fire and EMS defenses of
any individual town, rural or suburban fire protection district, or of any community or
mutual aid WCMAF adjoining the Washington County Mutual Aid Firefighters from
which a request for assistance has been made. The entities initiate the assistance to
each other in the use of fire apparatus, medic units, specialized units or apparatus,
firefighter/EMTs, fire officials, fire, medical or hazmat equipment and any other items
the fire defense required to control the fire, medical or related emergency or disaster.
3. Term Duration and Termination. This Agreement shall become effective upon its
execution and shall remain in effect for a period of ten (10) years absent farther action
from any signatory. Upon expiration, this Agreement may be extended or renewed for
an additional term by mutual written Agreement of the WCMAF signatories.
This Agreement may be terminated upon mutual written consent of the WCMAF, or
any individual signatory may withdraw from the WCMAF by providing ninety (90)
days written notice to the others of its intention to withdraw from the Agreement. At
the end of the ninety (90) day period, such signatory shall have no further obligation
under this Agreement.
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WASHINGTON COUNTY
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
4. Obligation of the Signatories.
a, Provision of Aid and Assistance. When a signatory of the WCMAF needs aid or
assistance, they shall request the assistance that they need from that member or
members from whom they need aid or assistance. Pursuant to the terms and
conditions set forth in this Agreement, it shall not be construed to impose an
obligation on any signatory due to this Agreement to provide mutual aid when it
has been requested, When requested, an individual signatory may deem itself
unavailable to respond and shall also inform their requester of its services,
b, Procedure for Requesting Assistance. The request for assistance shall be made by
the authorized representative of a recipient agency to the authorized representative
of the providing agency, This request must indicate that it is made pursuant to this
Agreement. Requests may be facilitated via local Dispatch offices,
5. Equipment Available. Signatories to this Agreement agree to make all available
equipment that they have as part of their stock available to mutual aid requests. Such
equipment shall include all fire apparatus, medic units, specialized units or apparatus,
firefighters, EMTs, Paramedics, fire officials, fire medical or specialized equipment
and any other items that might be required to assist in a fire, medical or hazmat related
emergency or disaster.
a. Supervision and Control. It is understood that any Fire Department that is part of
the WCMAF shall retain control of its own forces and that the Fire Chief and/or
his/her designated representative of the local Fire Department requesting mutual
aid shall be the coordinator, or incident commander, in charge of the entire task
force for the duration of an emergency requiring the use of mutual aid. It is
understood by the signatories that incident cormnand must be established and
documented using the required Incident Command System (ICS) form agreed to by
the signatories (ICS Form 201). It is understood that all agencies that are a signatory
to this Agreement shall operate under the National Incident Management System
(NIMS) utilizing the Incident Command System (ICS) to ensure personnel
accountability, resource management and ability to request additional resources
from within or outside the jurisdictional area of responsibility. Additionally, where
and when needed, the entities shall operate under a unified connnand structure
which shall be documented on an ICS Form 201,
WASHINGTON COUNT'
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
b, Documentation of Service/Services at Scene. It shall be the responsibility of the
requesting departtnent to document the scene specific details and summary of the
incident to justify the request and services under this Agreement, Each individual
signatory shall also document all services, personnel, and equipment utilized during
an event under this Agreement. This documentation shall be retained for three (3)
years following the date of the incident, or if a claim is made under the Nebraska
Emergency Management Act (NEMA) or the Federal Emergency Management Act
(FEMA) from the project close out date, whichever is later,
6, Reimbursement,
a, Each member of the Washington County Mutual Aid Firefighters shall be
responsible for its own expenses during the first twenty-four (24) hours of the
operational period, except for hazmat costs, which may always be recoverable, It
is understood that the receiving agency shall reimburse the providing agency for
the following costs and expenses incurred by the providing agency because of
extending aid and assistance after the operating period of twenty-four (24) hours,
It is further understood that the reimbursement to the providing agency by the
receiving agency shall not be conditioned or contingent upon the receiving agency
being compensated or reimbursed through a claim made under NEMA or FEMA,
(L)Personnel. — During the period of assistance, the providing agency shall
continue to compensate its employees according to. -the then prevailing
Ordinances, rules, regulations, and agreements, if applicable. During the first
twenty-four (24) hours of the operational period, those expenses shall be
considered to have been donated to the receiving agency.
(2,) Material, Equipment, SupUlies, and Labor. —The providing agency shall be
reimbursed for all materials, equipment, supplies, and labor furnished by, used or
damaged after the first twenty-four (24) hours of the operational period, Such
reimbursement shall not be conditioned or contingent upon the receiving agency
obtaining reimbursement through a claim made -Linder NEMA or FEMA. Any
material, equipment and supplies provided during the initial twenty-four (24)
hour operational period shall be considered donated resources, The receiving
agency shall not be responsible for reimbursing the providing agency for the cost
of any damage caused by gross negligence, willful and wanton misconduct,
intentional misuse, or recklessness of the providing agency's personnel. The
providing agency shall be responsible for tracking their own materials,
equipment, supplies and any other expenses that may be available for
reimbursement, Any equipment damaged while providing mutual aid should be
retained and the damage documented by the providing department. When
payment is due and further reimbursement is requested, the providing agency
shall submit invoices to the receiving agency for all costs and expenses and the
receiving agency shall pay the amount due upon reimbursement. In the absence
WASHINGTON COUNTY
MUTUAL AID FIREFIGHTERS
UffERLOCAL AGREEMENT
of a reimbursement fee and/or cost schedule for labor and equipment owned by
the providing agency being provided to the requesting agency prior to responding
to a mutual aid request, the most current and published FEMA Schedule of
Equipment Rates (Schedule) and the stipulations in 44 CFR 206.228 shall be used
as a basis for reimbursement of same or similar costs and expenses. Prior to their
use in mutual aid, if it is determined that there is no same or similar cost or
expense rate for equipment owned by the providing agency listed in the Schedule,
or if costs, rates, fees or services to be rendered are not stipulated in 44 CFR
206.228, then reimbursement shall be contingent upon the providing agency
submitting the anticipated costs, expense or fee to the requesting agency prior to
their engagement or use in mutual aid with payment subject to the actual final
invoice for such costs, . expense or fee, If an agency submits for FEMA
reimbursement, the applicable requirements, and stipulations of 2 CFR 200 and
44 CFR 206.228 apply.
(3.)Notwitlnstanding the above, actual, and reasonable hazmat costs will be paid
to the providing department giving assistance by the receiving department and
billed at rates no greater than the providing department's charges for its own
jurisdiction. This shall include hazardous material expenses from the moment
the operation commences. The receiving department requesting such hazmat
assistance may then recover such costs paid from the responsible party
causing or allowing such hazardous materials spill or release.
b. Record Keeping. The receiving signatoiy shall provide information, directions and
assistance for record keeping to the providing agency's personnel. The providing
agency shall maintain records and invoices concerning reimbursement. In the event
of a declaration of disaster when reimbursement expenses for mutual aid are
attempted to be recovered from NEMA or FEMA, it shall be the responsibility of
the department requesting assistance to certify and submit all eligible expenses and
any accompanying documentation to NEMA/FEMA. The agency providing the
assistance shall cooperate in providing that information, such as the billing and
payment. The providing agency shall send an invoice for reimbursable costs and
expenses, if applicable, together with appropriate documentation as required by the
receiving agency, as soon as practical after such costs and expenses have been
incurred. In instances where recovery is sought from NEMA or FEMA labor
apparatus and equipment rates should be included for the reimbursement rates
established by those entities. If those rates are determined not to be appropriate,
the agency requesting the payments beyond the reimbursement schedule is
responsible for providing the explanation as to why their rates may be unique and
higher than the NEMA/FEMA Schedule of Equipment Rates in place at the time.
WASIIINGTON COUNTY
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
c, Inspection of Records. All agencies subject to this Agreement shall make their
records regarding cost and expenses for assistance provided under this Agreement
available for audit upon request at any recipient of service under the Agreement.
7. Liability and Indemnity. Each department subject to the Washington County Mutual
Aid Firefighters Agreement shall be responsible for any liability for acts and omissions
of its employees, officers and volunteers while performing services under this
Agreement, Each signatory to this Agreement agrees to indemnify the others from all
expenses incurred because of the negligence or intentional acts of their personnel, Each
signatory to this Agreement shall maintain, at their own option, insurance, or self-
insurance
elfinsurance to provide public liability protection for such indemnity obligation,
8. General Provisions.
a, Independent Contractors. It is agreed that nothing contained herein is intended or
should be construed in any manner as creating or establishing a partnership or joint
venture between the Signatories. All acts that either Signatory or their personnel,
employees, agents, contractors, or servants, perform pursuant to the terms of this
Agreement shall be undertaken as independent contractors and not as employees of
the other. The Signatories shall, except as provided herein, act in their individual
capacities and not as agents, employees, partners, joint ventures or associates of the
other. An employee or agent of one shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. None of the Signatories
nor its personnel, employees, agents, contractors, or servants shall be entitled to
any benefits of the other. The Signatories shall not provide any insurance coverage
to the other or their employees including, but not limited to, workers' compensation
insurance, Each Signatory shall pay all wages, salaries and other amounts due its
employees and shall be responsible for all reports, obligations, and payments
pertaining to social security taxation, income tax withholding, workers'
compensation, unemployment compensation, group insurance coverage, collective
bargaining agreements or any other such similar matters, Any and all claims that
may or might arise under the Workers' Compensation Act of the State of Nebraska
on behalf of said personnel or other persons while so engaged, and any and all
claims whatsoever on behalf of any such person or personnel arising out of
employment or alleged employment, including without limitation claims of
discrimination against a Signatory, its officers, employees, agents, contractors or
servants shall in no way be the responsibility of another Signatory. No Signatory
shall have any authority to bind the other by or with any contract or agreement, nor
to impose any liability upon the other, All acts and contracts of tach shall be in its
own name and not in the name of the other, unless otherwise provided herein.
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WASHINGTON COUNTY
MUTUAL AID FIREFIGHTERS
INTERLOCAL AGREEMENT
b, Nondiscrimination, All signatories agree that in accordance with the Nebraska
Fair Employment Practice Act, Neb,Rev,Stat, §48-1122, they will not
discriminate against any employee or applicant for employment, to be employed
in the performance of this Agreement, with respect to hire, tenure, terms,
conditions, or privileges of employment because of the race, color, religion, sex,
disability, or national origin of the employee or applicant, None of the
Signatories shall, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances,
c. Captions, Captions used in this Agreement are for convenience and are not used
in the construction of this Agreement.
d. Applicable Law and Venue, Signatories to this Agreement shall conform to all
existing and applicable city ordinances, resolutions, state and local laws, federal
laws, and all existing and applicable rules and regulations. Nebraska law will
govern the terms and the performance under this Agreement,
Venue for any non-federal legal proceeding under this Agreement shall be in
the State of Nebraska, District Court of Washington County and for any federal
legal proceeding in the United States District Court for the State of Nebraska
located in Omaha, Nebraska.
e, Amendments/Modification. This Agreement may be modified only by written
amendment, duly executed by authorized officials of the Signatories. No
alteration or variation of the terms and conditions of this Agreement shall be
valid unless made in writing and signed by the Signatories hereto. Every
amendment shall specify the date on which its provisions shall be effective.
f, Drug Free Policy, All signatories have established and maintain a drug free
workplace policy.
g. Conflict of Interest. In the performance of this Agreement, Requesting Agency
will avoid all conflicts of interests or appearances of conflict of interest,
Requesting Agency will report any conflict of interest immediately to the other
signatory from whom aid is requested, Requesting Agency assures the other
signatories that no employee or volunteer will have a financial or personal interest
in this Agreement.
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WASHINGTON COUNTY
MUTUAL AID FIRE, rA IGHTE RS
INTERLOCAL AGREEMENT
Dated this 10TH day of -August Year 2021
Blair Volunteer Fire Department
Fire Department/Agency Name (Print)
Dave Aten, Fire Chief
Chief Officer of Department/Agency (Print)
Chief Officer of Department/Agency
(Signature)
Richard Hansen, Mayor
Community Governing Body Representative
(Print)
Community Governing Body Representative
(Signature)
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