ORD 42438 - Tri-Mutual Aid Fire Fighters Association Interlocal Agmt ORDINANCE NO. 4.243g
AN ORDINANCE to approve the Tri-Mutual Aid Fire Fighters Association Interlocal Agreement
for an initial term of 10 years, which Tri-Mutual Aid Fire Fighters Association is made up
of the communities and rural/suburban/special fire protection districts within Douglas
County, Nebraska, Sarpy County, Nebraska, Cass County, Nebraska, Washington
County, Nebraska, Dodge County, Nebraska, Saunders County, Nebraska, and
Pottawattamie County, Iowa for the creation of a system of mutual assistance; to provide
and allow for reimbursement when services and assistance rendered extend beyond the
agreed upon time; and to provide for an effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the City Council hereby approves as requested by the Mayor, the
attached Tri-Mutual Aid Fire Fighters Association Interlocal Agreement between the
communities and rural/suburban/special fire districts within Douglas County, Nebraska, Sarpy
County, Nebraska, Cass County, Nebraska, Washington County, Nebraska, Dodge County,
Nebraska, Saunders County, Nebraska, and Pottawattamie County, Iowa with the initial term of
the Agreement being 10 years from the date of execution to provide mutual aid and assistance
and to provide for reimbursement for services and assistance when such mutual aid extends
beyond the agreed upon time.
Section 2. That the Ordinance being administrative in character shall be in full force and
take effect immediately upon its passage.
ORDINANCE NO. 42-4
Page 2
INTRODUCED BY COUNCILMEMBER
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• APPROVED BY:
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-� MAYOR OF THE CITY OF OMAHA DAT
PASSED FEB 2 3 20211
ATTEST:
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DEPUTYCITYCLERK0 ECITY MAHA ATE
APPROVED AS TO FORM:
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DEPUTY CITY ATTORNEY DATE
2020\20474se1
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
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 rural/suburban/special fire districts within Douglas County Nebraska, Sarpy
County Nebraska, Cass County Nebraska, Washington County Nebraska, Dodge County
Nebraska, Saunders County Nebraska, and Pottawattamie County Iowa, 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 association 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 Tri-Mutual Aid
Fire Fighters Association 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 1
emergencies, natural and man-made disasters. I
WHEREAS,Nebraska Law also provides that the parties 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.
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NOW, THEREFORE, BASED ON THE PREMISES DESCRIBED HEREIN, THE
PARTIES AGREE AS FOLLOWS:
1. Tri-Mutual Aid Fire Fighters Association. The signatories to this Agreement comprise
the Tri-Mutual Aid Fire Fighters Association (`Association'), which is made up of the
communities and rural/suburban/special fire protection districts of Douglas, Sarpy,
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
Cass, Washington, Dodge and Saunders Counties of Nebraska and Pottawattamie
County of Iowa, namely:
Springfield Louisville Waterloo
Carter Lake Ponca Hills Blair
Elkhorn Fire District Omaha Airport Authority Council Bluffs
Papillion Murray Ralston
Valley Yutan Boys Town
Wahoo Offutt Plattsmouth
Bellevue Omaha Irvington
Bennington Fort Calhoun Fremont
Gretna Arlington Fremont Rural
Kennard Millard Fire District Ashland
The Tri-Mutual Aid Fire Fighters Association herein shall be governed by a board of
directors of three people elected by the member fire departments of the association as
provided by the Constitution and By-laws of the Association. The main office of the
Association shall be the Secretary-Treasurer of the Association. That office may
change at the desire of the Association. A copy of the Constitution and By-laws of the
Tri-Mutual Aid Fire Fighters Association shall be maintained in the office of the entity
and shall be available for review by any member.
2. Purpose. The purpose of the Tri-Mutual Aid Fire Fighters Association is to better
ensure the safety of the lives and property of citizens within communities from fire
loss, medical emergencies, and natural disasters. Each entity that is a member of the
association 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 association adjoining the Tri-Mutual Aid Fire Fighter
Association 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/CBRN
(Hazardous Material/Chemical, Biological, Radiological,Nuclear) equipment and any
other items the fire defense required to control the fire, medical or HAZMAT/CBRN
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 further action
from any party. Upon expiration, this Agreement may be extended or renewed for an
additional term by mutual written Agreement of the party.
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
This Agreement may be terminated upon mutual written consent of the parties, or any
individual party may withdraw from the Association 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 entity shall have no further obligation under this
Agreement.
4. Obligation of the Parties.
a. Provision of Aid and Assistance. When an entity within the Association needs aid
or assistance, they shall request 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 entity due to this Agreement to provide mutual aid when it has
been requested. When requested, an individual entity 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.
5. Equipment Available. Parties 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, fire officials, fire medical or HAZMAT/CBRN equipment and any other items
that might be required to assist in a fire, medical or HAZMAT/CBRN related
emergency or disaster.
a. Supervision and Control. It is understood that any Fire Department that is part of
the Association 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 parties that incident command must be established and
documented using the required Incident Command System(ICS)form agreed to by
the parties (ICS Form 201). It is understood that all agencies that are a party 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
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
outside the jurisdictional area of responsibility. Additionally, where and when
needed, the entities shall operate under a unified command structure which shall be
documented on an ICS Form 201.
b. Documentation of Service/Services at Scene. It shall be the responsibility of the
requesting department to document the scene specific details and summary of the
incident to justify the request and services under this Agreement. Each individual
party 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 Tri-Mutual Aid Fire Fighters Association shall be responsible
for its own expenses during the first twenty-four (24) hours of the operational
period, except for HAZMAT/CBRN 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.
(1.)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, Supplies, 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 under 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
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
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
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.)Notwithstanding the above, actual, and reasonable HAZMAT/CBRN 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/CBRN 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 entity 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
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
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.
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 Tri-Mutual Aid Fire Fighters
Association Agreement shall be responsible for any liability for acts and omissions of
its employees, officers and volunteers while performing services under this Agreement.
Each party to this Agreement agrees to indemnify the others from all expenses incurred
because of the negligence or intentional acts of their personnel. Each party to this
Agreement shall maintain, at their own option, insurance, or self-insurance 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 Parties. All acts that either Party 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 Parties 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 Parties nor its personnel,
employees, agents, contractors, or servants shall be entitled to any benefits of the
other. The Parties shall not provide any insurance coverage to the other or their
employees including, but not limited to, workers' compensation insurance. Each
Party 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
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
any such person or personnel arising out of employment or alleged employment,
including without limitation claims of discrimination against a Party, its officers,
employees, agents, contractors or servants shall in no way be the responsibility of
another Party. No Party 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 each shall be in its own name and not in the name of the other,unless
otherwise provided herein.
b. Nondiscrimination. All parties 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 Parties 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. Parties 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 Douglas 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 Parties. No alteration
or variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Every amendment shall
specify the date on which its provisions shall be effective.
f. Drug Free Policy. All parties have established and maintain a drug free
workplace policy.
g. Conflict of Interest. In the performance of this Agreement, Requesting Agency
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION
INTERLOCAL AGREEMENT
will avoid all conflicts of interests or appearances of conflict of interest.
Requesting Agency will report any conflict of interest immediately to the other
party from whom aid is requested. Requesting Agency assures the other parties
that no employee or volunteer will have a financial or personal interest in this
Agreement.
Dated this day of , Year 2020
•
Fire Department/Agency Name (Print)
Chief Officer of Department/Agency (Print)
Chief Officer of Department/Agency
(Signature)
Community Governing Body Representitive
(Print)
Community Governing Body Represetitive
(Signature)
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TRI-MUTUAL AID FIRE FIGHTERS ASSOCIATION INTERLOCAL AGREEMENT
Executed this day of ftinkl,4 , 2Q21.
ATTEST: CITY OF OMAHA:
4 IN 1, lib nY 0,,, ___ 14,_4
D E P U T YCITY CLE THE CIT O OMAHA MAYOR OF THE CITY OF OMAHA
APPROVED AS TO FORM:
12r
Deputy City Attorney Date