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Missouri Valley, IARESOLUTION 2011 - 11 COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement between the City of Blair, Nebraska, and Missouri Valley, Iowa for mutual aid fire and emergency services response in and surrounding Missouri Valley, Harrison County, Iowa and Blair, Washington County, Nebraska; 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 KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, CHRISTIANSEN, WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 12 DAY OF APRIL, 2011. CITY OF BLAIR, NEBRASKA B - -- <- - P %JE. REALPH, MAYOR ATTEST: BRENDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. 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 12th day of April, 2011. BRENDA R. WHEELER, CITY CLERK AGREEMENT FOR MUTUAL AID FIRE AND EMERGENCY SERVICES RESPONSE IN AND SURROUNDING MISSOURI VALLEY, HARRISON COUNTY, IOWA AND BLAIR, WASHINGTON COUNTY, NEBRASKA This agreement is made pursuant to Chapters 28E.12 and 28E.4, Code of Iowa and Chapter §13 -804 and §13 -807, Code of Nebraska, between any and all of the following: City of Missouri Valley, Iowa, and City of Blair, Nebraska WHEREAS, a stated purpose of the these cities is to provide fire protection, fire prevention and other emergency services; and WHEREAS,' occasions may arise whereby fires or other emergencies would exhaust the available fire fighting, water and other emergency equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional fire fighting and emergency service personnel and equipment from outside sources may be required; and WHEREAS, Chapter 28E, Code of Iowa and Chapter 13, Article 8 Code of Nebraska, provide that powers, privileges or authority exercised by a public agency of this state may be exercised jointly with any other public agency of a state having such powers, privilege, and authority; and WHEREAS, the parties hereto desire to enter into an agreement to render fire and emergency assistance upon a reciprocal basis. THEREFORE, the parties hereto mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1. Authority to Respond to Provide Assistance The power to make a request for assistance or to provide aid under this agreement shall reside in -the member department fire chief or his official designee only. For the purposes of this agreement, the "requesting department" shall mean the fire chief or designee asking for assistance and the "responding department" shall mean the fire chief or designee sending assistance. Any member department shall have the right to request assistance from any other member department or departments, subject to the terms and conditions of this agreement. For the 1 purpose of this agreement, the terms "member department" and "member" shall mean the fire department of the respective parties hereto. Section 2. Situation Where Assistance is requested A member department may request assistance from another member department only when the requesting department has concluded that such assistance is essential to protect life and /or property at a location afforded fire protection service by the requesting department. Section 3. Response to Request Upon request, a responding department, upon determination that an emergency situation exists and subject to the availability of personnel and equipment, shall dispatch personnel and equipment to aid the requesting department. Section 4. Personnel and Equipment Provided The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision on the number and the amount and type of equipment to be sent shall be solely that of the responding department. The responding party shall be absolved from liability in connection with all acts associated herewith provided that the final decision is made with reasonable diligence. No member department shall make any claim whatsoever against another member department for refusal to send the requested equipment or personnel where such refusal is based on the judgment of the responding department that such personnel and equipment are needed to protect the district of the responding department. Section 5. Command at Fire Scene The responding department personnel and equipment shall report to the incident command officer of the requesting department who shall be in charge at the fire or emergency scene. The incident command officer shall have the power to issue reasonable orders and directives, responding officers will then act on said orders. The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and /or equipment are needed in their home . districts. Responding department personnel and equipment may withdraw from the requesting district upon giving notice to the incident command officer at the fire location that they are needed in their home district. . 2 It is understood that the purpose of this section is to maintain order at the fire scene and shall not be construed to establish an employer /employee relationship. Section 6. No Reimbursement for Costs No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation, etc.) for responding to the requests of other member departments. However, the requesting department may provide without charge, such additional fuel as may be required by the responding department to carry on the combined fire fighting or other emergency efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department may reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. Section 7. Liabilit Employees of any member department acting pursuant to this agreement shall be considered as acting under the lawful orders and instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered to be employees of their member department. Each party hereto shall bear the liability and /or cost of damage to its member department's equipment and the death of or injury to its member department's personnel, whether the death, injury or damage occurs at a fire or other emergency in the member's own protection area, or in a protection area where the personnel is working as a member of a responding department. Each party shall provide appropriate and reasonable insurance for its member department's personnel who may suffer injury, disability, or death and /or are involved in loss or damage to private property, and /or death of or injury to private individuals in the performance of official duties while assisting another member department under the terms of this agreement and shall supply proof of such reasonable insurance to the other parties hereto by providing a certificate thereof. Each party hereto shall be responsible for defending against claims made against it or its member department or personnel and arising from its participation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against other parties hereto, or against the member departments or personnel of said parties. Section 8. Contracts for Fire and Emergency Services The cities which are parties hereto and which have agreements with other agencies to provide fire and emergency response agree to maintain such 3 agreements in force and to provide copies of same to the other parties hereto by attaching copies of such existing agreements to this agreement thereby incorporating them and making them part of this agreement, and by promptly notifying in writing the other parties of any amendment, renewal, or termination of such agreements, including the changing of fire district lines. In the event such an agreement lapses, there shall be no further obligation by the other parties hereto to respond to a request for assistance within the fire protection area covered by such lapsed agreement. Section 9. Term of Agreement This agreement shall be in full force and effect upon execution by all parties hereto and the filing and recording thereof as provided in Section 12. The agreement shall have a term of three (3) years from the date of execution and thereafter shall continue in effect from year to year. The agreement may be amended by agreement of all parties. Any party may withdraw from the agreement by giving thirty (30) days written notice to each of the other parties hereto by certified mail in which case said notifying party shall be deleted from further operation of the agreement. Section 10. Administration of Agreement This agreement shall be administered by the agreeing parties who shall periodically review said agreement and resolve any problems which may arise in carrying out said agreement. Section 11. Notices Any written notice as required in this agreement shall be sent to the address of the respective parties as shown on the execution portion of this agreement. Section 12. Prior Fire Mutual Aid Agreements This agreement supersedes any and all prior fire and emergency response mutual aid agreements between and among the parties or their respective member departments. Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State. M IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF MISSOURI V LEY Address: 223 E. Erie Str et, Missouri Valley, IA 51555 0 Clint Sargent, Oor v Attest: Rita Miller, City Clerk /Administrator Date: CITY OF BLAIR Address: 218 S. 16 Street, Blair, NE 68008 B Mayor Attest: f' �'j a, City Clerk Date: q 11 2-/// 5