HomeMy WebLinkAboutBoard of Trustees of East Waterloo Township-4/8/2013 (2)Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2014
(July 1, 2013 to June 30, 2014)
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, seven hundred and
forty six dollars and sixty-two cents ($1,746.62) 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, 2013, through June 30,
2014; 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.
Dated this
CITY WATERLOO, IOWA
By:
Is for the purpose of providing fire protection.
(67
3- day of j; �c 2013.
Ernst G. Clark, Mayor
ATTEST:
Suzy-�_
Schares, City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY
EAST WATERLOO TOWNSHIP, IOWA
By: It
Bill McNellis, Township Trustee
On this day of 1 c , 2013, before me, the undersigned a Notary
Public in and for the State of Iowa, per onally 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.
Notary Public in and fo !'e State of Iowa
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