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
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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. .
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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
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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-///
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