Loading...
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 GVVY op • L� z n 0 �Ap0 7-e r) 1569 STATE OF NEBRASKA ) ) :ss: 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. & //U 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. PA 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. 6 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. 7 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) 0