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HomeMy WebLinkAboutBoard of Trustees of East Waterloo Township-3/2/201528E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2016 (July 1, 2015 to June 30, 2016) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the Board of Trustees of East Waterloo Township (hereinafter referred to as "East Waterloo"). WHEREAS, Waterloo and East Waterloo are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, East Waterloo has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: All that part of East Waterloo lying outside the City Limits of the City of Waterloo, Iowa, known as East Waterloo Township. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to East Waterloo shall be one thousand, eight hundred and thirty three dollars and ninety five cents ($1,833.95) per year. In addition, there will be a cost of two hundred dollars ($200.00) a call for the first hour or fraction thereof per Engine Company, from the time the engine company leaves its quarters until the engine company returns to its quarters. If more than one hours' time is consumed in responding to the call, the cost shall be One Hundred Dollars ($100.00) per hour or any fraction thereof after the first hour. An engine company shall mean one (1) piece of apparatus and crew. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2015, through June 30, 2016; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this a day of '"QG1t1, 2015. EAST WATIZLOO T By: WNSHIP, IOWA Ernst G. Clark, Mayor : H: Meellis, Township Trustee Its ATTEST: Suzy Schares, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this , day of►'�t"1 , 2015, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Ernst G. Clark and Suzy Schares to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Mayor Ernst G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NANCY HIGBY COMMISSION NO.788229 rorr isio 'OMS Notary ublic in and for the State of Iowa 'Enter "Other' If not In Iowa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code end Descnption) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) East Waterloo Township has petitioned Waterloo, in accordance with Iowa Code 364.18 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group). Item 4. The duration of this agreement is: (check one) ZAgreement Expires 8/30/2016 ❑Indefinite Duration [mmIdd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO ® YES Filing # of the agreement: M506938 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 288 database athtto://sos iowa aovDae. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Department Email Phone Full Legal Name Organization Type *County Party 1 City of Waterloo City Black Hawk Party 2 Board of Trustees of East Waterloo Township Township Black Hawk Party 3 Party 4 Party 5 'Enter "Other' If not In Iowa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code end Descnption) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) East Waterloo Township has petitioned Waterloo, in accordance with Iowa Code 364.18 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group). Item 4. The duration of this agreement is: (check one) ZAgreement Expires 8/30/2016 ❑Indefinite Duration [mmIdd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO ® YES Filing # of the agreement: M506938 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 288 database athtto://sos iowa aovDae. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Department Email Phone