HomeMy WebLinkAboutCedar 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 Cedar Township.
WHEREAS, Waterloo and Cedar Township are public agencies pursuant to Iowa Code
28E.2 (1987), and
WHEREAS, Cedar Township 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:
the territory outside the Waterloo City limits consisting of Balsam Street, Juniper Drive,
Oakridge Road and Rose Lane.
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 Cedar Township shall be $1,877.48 per year.
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.
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 2 day of , 2015.
CITY/0 `ATERLOO, IOW
By
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares
City Clerk
STATE OF IOWA
BLACK HAWK COUNTY
ss.
B
CEDAR TOWNSHIP
SZ5:744
Township Clerk
On this 2 l'‘'1 day of , 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 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.
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28E
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Paul D. Pate
Secretary of State
State of Iowa
28E
Agreement
Paul D. Pate
Secretary of State
FILED
Date: 6/15/2015 10:16:52 AM
Filing No.: M508141
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 City Black Hawk
Party 2 Cedar Township Township 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)
Cedar Township 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).
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: M506937
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.00v/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://sos.iowa.gov/28E/Controller.aspx 1/2