J-2 - City of Tiffin Fire Assn Transition Agreement - Draft 6 4-23-21

that the payments will be made on a monthly basis. 3. Purpose. The parties agree the purpose of this agreement is for the City to meet its duty under Iowa Code section 364.16 to provide fire protection services and for the City to provide emergency rescue and non-transport EMS within the corporate limits of the City of Tiffin and to the Union Township and Clear Creek Township during the term of this Agreement. Additionally, the parties agree that the purpose of this Agreement is to ensure maximum liability protection for the Association and its volunteers and/or employees, including under Iowa Code section 670.4(1)(k) (2020), as well as the City, its officers, and its employees. 4. Personnel. During the term of this Transition Agreement, the City will not hire a full-time Fire Chief unless agreed to by the Association. It is expected the current (and/or any future) Fire Chief will be an employee of the City during the term of this Transition. The parties agree that the Association will not provide employees, personnel, or staffing effective July 1, 2021 at 12:00 AM. The City shall be responsible for the recruitment and retention of fire department employees. For the purpose of this agreement, an employee may be a full-time, part-time, or volunteer. For the purpose of this agreement, volunteer includes paid-on-call. The City will provide the employees to the Association for the delivery of services. Existing volunteers (may apply – need to complete the specific paperwork required by the City for personnel and payroll purposes. Those documents are: City Application, Emergency Contact form, I-9 form, W-4 Federal form, W-4 Iowa form, Direct Deposit Authorization form and supply two forms of identification) to serve as firefighters and/or emergency medical providers with the City during the time period designated by the City. Prior to June 15, 2021, May 1, 2021, the City will provide an application period of at least 30 days for existing members to apply for employment with the City. The City generally will recognize the length of service, responses to calls, training and education of firefighters and emergency medical providers of the Association who seek to apply for the City fire department. Existing members must meet criteria designated by the City Council, including successful completion of any pre-employment requirements, such as a background check or pre-employment medical examination. The Fire Chief, as City designee, City may designate the Assistant Fire Chief and Medical Officer from certain qualified firefighters or certified emergency medical providers. in leadership positions by rank until such time that the Fire Chief may evaluate the organization of the fire department, seek interested members for leadership positions, and hold an assessment center to make recommendations to the Fire Chief regarding members to fill leadership positions of rank within the fire department on a non-temporary basis. Said appointed leadership positions will be on a temporary basis until such time that a promotional process is established and offered to members. Firefighters or EMS providers who currently serve the Association and who do not apply to serve as City employees, or are not hired as City employees, on or before June 30, 2021 shall not perform any fire, rescue, or EMS services on behalf of the Association, the City, or the Townships after June 30, 2021 at 11:59 PM unless an emergency call extends into July 1, 2021. At the completion of the call the volunteer’s service with the Association shall end. The Association shall notify existing firefighters and emergency medical providers accordingly. It is specifically understood between the parties that effective July 1, 2021, City employees authorized and used in pursuit of the provisions of this agreement are employees of the City and as such are subject to the reasonable control and supervision of the City or its designated official in the performance of duty in accordance with this agreement. The City shall be responsible for all wages and benefits, as well as for personal protective equipment and training for any full-time positions hired during this agreement. Nothing shall restrict the City from using any funds budgeted for fire, rescue, or emergency medical services during this agreement. 2