HomeMy WebLinkAboutBoard of Trustees of East Waterloo Township-3/10/2014CITY OF WATERLOO
Council Communication
City Council Meeting: March 10,2014
Prepared: March 3, 2014
Dept. Head Signature:
# of Attachments: (3 ) 28E Agreements
SUBJECT: Townshit, 28E Agreements
Submitted by: Pat Treloar, Chief of Fire Services
Recommended City Council Action:
Approve (3) 28 E Agreements with City of Waterloo and East Waterloo Township (East
Waterloo), Cedar Township and Elk Run Heights; and authorize Mayor and City Clerk to
execute said documents.
Summary Statement:
Waterloo Fire Rescue is requesting that the Council approve the annual renewal of the
attached 28E Agreements. These agreements are for fire and emergency medical response
with townships that surround the City of Waterloo.
Expenditure Required:
Source of Funds:
Revenue Line Item: 010 -12.1400 -3413 -Township Protection
Policy Issue
Alternative
Background Information:
Waterloo Fire Rescue has been in agreements with these entities to extend the jurisdiction
of Waterloo Fire Rescue for fire and ambulance purposes and hazardous materials
response by the Northeast Iowa Response Group for many years. The attached agreements
will be in effect July 1, 2014 through June 30, 2015.
Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
FILED
M506938
3/13/2014 11:21:14 AM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
*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 and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2015 ❑Indefinite Duration
Immldd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(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 28E database at: www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloar@waterloo-ia.orq Phone 319-291-4460
Full Legal Name
Organization Type
*County
Party 1
City of Waterloo
City
Black Hawk
Party 2
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 and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2015 ❑Indefinite Duration
Immldd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(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 28E database at: www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloar@waterloo-ia.orq Phone 319-291-4460
28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2015
(July 1, 2014 to June 30, 2015)
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, 2014, through June 30,
2015; and
b. The parties may revoke this Agreement at any time by giving sixty (60) days'
written notice; and
c.
d.
Dated this
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
Is for the purpose of providing fire protection.
CITY OFA
By:
day of bik- , 2014.
ATERLOO, IOW
rnst G. Clark, Mayor
ATTEST:
Schares, City Clerk
EAST WATERLOO TOWNSHIP, IOWA
By: ti -;.-A-V L �L
Bill McNellis, Township Trustee
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this Its day of N LC , 2014, 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.
Lt ( ZUY..(_
(c)-(Le',21,
Notary Public in and for the State of Iowa
DeAnne Kobl'iska
COMMISSION NO. 763995
MY COMMISSION EXPIRES
Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
FILED
M506937
3/13/2014 11:19:02 AM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
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 and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/30/2015 Dlndefinite Duration
Imm/dd/yyyy)
Item 5. Does this agreement amend or renew an existing agreement? (check one)
® NO
0 YES Filing # of the agreement:
(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 28E database at www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloar@waterloo-ia.org Phone 319-291-4460
Full Legal Name
Organization Type
*County
Party 1
City of Waterloo
City
Black Hawk
Party 2
Cedar Township
Township
Benton
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 and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/30/2015 Dlndefinite Duration
Imm/dd/yyyy)
Item 5. Does this agreement amend or renew an existing agreement? (check one)
® NO
0 YES Filing # of the agreement:
(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 28E database at www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloar@waterloo-ia.org Phone 319-291-4460
28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2015
(July 1, 2014 to June 30, 2015)
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, 2014, through
June 30, 2015; 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 (1) day of Kak, 2014.
CITY OFWATERLOO, IOWA
By:
Ernest G. Clark, Mayor
ATTEST:
S ;zy Schares
City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY
On this A) day of 'IN �� , 2014, 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.
B
CEDAR TOWNSHIP
4,-,6//7
Township Clerk
Notary Public in and for the State of Iowa
opt A 4 DeAnne Kobl'iska
G. 41,0 OMM1SSION NO.763895
MY COMMISSION EXPIRES
* /—
10W
Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
FILED
M506936
3/13/2014 11:15:10 AM
PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM
Item 1. The full legal name, organization type and county of each participant to this agreement are:
*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 and Deswiption) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/30/2015 ❑Indefinite Duration
fmmldd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(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 28E database at: www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloarawaterloo-ia.orq Phone 319-291-4460
Full Legal Name
Organization Type
`County
Party 1
City of Waterloo
City
Black Hawk
Party 2
Elk Run Heights
City
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 and Deswiption) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire Protection
Item 4. The duration of this agreement is: (check one) ZAgreement Expires 6/30/2015 ❑Indefinite Duration
fmmldd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ YES Filing # of the agreement:
(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 28E database at: www.sos.state.ia.us/28E.
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 Treloar FIRST Name Pat
Title Fire Chief Department Fire Chief
Email pat.treloarawaterloo-ia.orq Phone 319-291-4460
28E AGREEMENT
FIRE PROTECTION CONTRACT
FISCAL YEAR 2015
(July 1, 2014 to June 30, 2015)
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, 2014, through
June 30, 2015; 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 g)(/;teL day of `1=— , 2014.
CITY 12 WATERLOO, IOWA
B
Ernest G. Clark, Mayor
ATTEST:
S zy Schares
City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY )
v"
On this day of Il\&LC-L , 2014, 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.
Kristi Lindy
City Clerk
Notary Public in and for the State of Iowa
lei
tP
10 W
DeAnne Kobllska
COMMISSION NO. 763995
MY COMMISSION EXPIRES