WS - D - City of Tiffin, Fire Association Transition Agreement - Clean

Code section 364.16 to provide fire protection services and to provide emergency rescue and non- transport EMS within the corporate limits of the City of Tiffin and to 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) (2021), as well as the City, its volunteers, officers, and employees. 4. Personnel. During the term of this Transition Agreement, the City will not hire a full-time Fire Chief. It is expected the current, and/or any future Fire Chief, will be an employee of the City. 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 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 volunteer firefighters and/or emergency medical providers who wish to serve as firefighters and/or emergency medical providers for the City must provide information and complete the necessary documents required of City employees, including, but not limited to, a City Employee Application, Emergency Contact form, I-9 form, W-4 Federal form, W-4 Iowa form, Direct Deposit Authorization form and two forms of identification. Existing volunteer firefighters and emergency medical providers must meet criteria designated by the City Council, including the successful completion of any pre-employment requirements, such as a background check or a pre-employment medical examination. The City will generally recognize the length of service, response to calls, training and education of firefighters and emergency medical providers. The City will provide an application period of at least 30 days for existing volunteer firefighters and/or emergency medical providers prior to July 1, 2021. The Association will not enroll any new volunteer firefighters and/or emergency medical providers after June 13, 2021. The Fire Chief, as the City designee, may designate and appoint the officers of the volunteer fire department to include Assistant Fire Chiefs (2), EMS Division Chief (Medical Officer) (1), and Captains (1-4) from qualified firefighters or certified emergency medical providers. Firefighters or EMS providers who currently serve the Association and who do not apply to serve as volunteers for the City, 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 members of the City fire department and as such are subject to the reasonable control and supervision of the City Administrator or its designated official in the performance of duty in accordance with this agreement. The City shall be responsible for all stipends, wages and benefits, as well as training for any members of the department during this agreement. Nothing shall restrict the City from using any funds budgeted for fire, rescue, or emergency medical services during this agreement. 5. Services. The Association, using the personnel designated by the City, shall deliver emergency fire, rescue, and non-transport EMS for all property within the corporate limits of the City of Tiffin, Clear Creek Township, and Union Township during the term of this Agreement. Automatic or mutual aid may be used as needed to assist in meeting this duty. Nothing in this agreement shall be construed to require the Association to provide transport EMS, which is provided by Johnson County Ambulance Service. The Association shall not discontinue any existing services during the term of this agreement without approval of the City Council. 2