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HomeMy WebLinkAboutElk Run Heights-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 city of Elk Run Heights (hereinafter referred to as "Elk Run"). WHEREAS, Waterloo and Elk Run are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Elk Run 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: City of Elk Run Heights, Iowa 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 Elk Run shall be approximately $30.81 per year, per capita, based on a population of one thousand, one hundred and seventeen (1,117) residents, for a total of $34,414.77 minus $.0.50 per capita for costs assessed by the County for membership in the Northeast Iowa Response Group. $34,414.77 minus $558.50 totals, thirty three thousand, eight hundred fifty six dollars and twenty- seven cents ($33,856.27). This amount is to be paid on a quarterly basis by Elk Run Heights. 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 City of Elk Run Heights Recovery 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. 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 day of , 2015. CITY OF WATERLOO, I By: Ernest G. Clark, Mayor ATTEST: Suzy Schares City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY 1\l On this day of vc4-‘ , 2015, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Ernest 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 Ernest 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. CITY OF ELK R fd By: EIGHTS, I SVA 2„, Tim Swope, Mayor Krisf'7un+ y City Clerk 1,A,1 NANCY HIGBY COMMISSION NO.788229 « MY g3INMpN D�IRES 0�`�7, Notary Public in and for the State of Iowa 28E My Agreements Create New Agreement Search Agreements File Report Terminate Agreement Update My Account Your 28E Agreement has been filed. Please print your filed 28E Agreement for your records. Thank you for using the online filing system. Click Here to View/Save the Complete 28E Agreement as an Adobe PDF Document Retum to My Agreements Paul D. Pate Secretary of State State of Iowa 28E Agreement Paul D. Pate Secretary of State FILED Date: 6/15/2015 10:32:42 AM Filing No.: M508142 Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type County Party 1 City of Waterloo Party 2 City of Elk Run Heights City City Black Hawk Black Hawk Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code and Description) Code Service Description Item 3. The purpose of this agreement is: (please be specific) The City of Elk Run Heights has petitioned the City of 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). Item 4. The duration of this agreement is: (check one) Agreement Expires 6/30/2016 Indefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) NO YES, filing number of the agreement: M506936 Use the filing number of the most recent version filed for this agreement. The filing number of the original agreement may be found by searching the 28E database at: sos.iowa.gov/28E. Item 6. A copy of the agreement must accompany this application. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Department Email Phone https://sosiowa.gov/28E/Controller.aspx 1/2