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Iowa Secretary of State Matt Schultz
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Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
Page 1 of 1
Matt Schultz
Secretary of State
FILED
Date: 7/19/2011 1:14:14 PM
Filing No.: M504530
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
Elk Run Heights
City
Black Hawk
Party 2
Waterloo
City
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)
Fire, Ambulance, Hazmat
Item 4. The duration of this agreement is: (check one)
Agreement Expires 6/30/2012 [m/d/yyyy]
Indefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
NO
YES, filing number of the agreement:
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: www.sos.state.ia.us/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 Treloar FIRST Name Pat
Title Chief of Fire Services Department Chief of Fire Services
Email pat.treloar@waterloo-ia.org Phone 3192914460
https://www.sos.state.ia.us/28E/Controller.aspx 7/19/2011
Matt Schultz
Secretary of State
State of Iowa
28E
Agreement
FILED
M504530
7/19/2011 1:14:14 PM
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:
Item 2. The type of Public Service included in this agreement is: 210 Fire Response
*Enter °Other" if
not in Iowa
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire, Ambulance, Hazmat
Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/30/2012
Imm/dd/yyyy)
Dlndefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m 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 Chief of Fire Services Department Chief of Fire Services
Email pat.treloar@waterioo-ia.org Phone 3192914460
Full Legal Name
Organization Type
*County
Party 1
Elk Run Heights
City
Black Hawk
Party 2
Waterloo
City
Black Hawk
Party 3
Party 4
Party 5
Item 2. The type of Public Service included in this agreement is: 210 Fire Response
*Enter °Other" if
not in Iowa
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Fire, Ambulance, Hazmat
Item 4. The duration of this agreement is: (check one) ®Agreement Expires 6/30/2012
Imm/dd/yyyy)
Dlndefinite Duration
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m 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 Chief of Fire Services Department Chief of Fire Services
Email pat.treloar@waterioo-ia.org Phone 3192914460
28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2012
(July 1, 2011 to June 30, 2012)
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 $28.49 per year, per
capita, based on a population of one thousand fifty two (1,052) residents, for a total
of $29,971.48 minus $.0.50 per capita for costs assessed by the County for
membership in the Northeast Iowa Response Group. $29,971.48 minus $526.00
totals, twenty nine thousand, four hundred and forty five dollars and forty-eight
cents ($29,445.48). 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, 2011, through
June 30, 2012; 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 10 day of , 2011.
CITY Off' ATERLOO
By:
Ernest G. Clark, Mayor
A 11EST:
Suhy Schares
City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY
CITY OF ELK RUN HEIGHTS, IOWA
r
By: 6.l<?4%,.vtt
Wm. R. Henninger, Mayor
Kristi'fundy
City Clerk
On this day of IS ' , 2011, before me, the undersigned a
Notary Public in and for the State o 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.
Notary P '.lic in and for the State cif Iowa
28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2012
(July 1, 2011 to June 30, 2012)
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 $28.49 per year, per
capita, based on a population of one thousand fifty two (1,052) residents, for a total
of $29,971.48 minus $.0.50 per capita for costs assessed by the County for
membership in the Northeast Iowa Response Group. $29,971.48 minus $526.00
totals, twenty nine thousand, four hundred and forty five dollars and forty-eight
cents ($29,445.48). 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.
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, 2011, through
June 30, 2012; 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.
�l1Vl��
Dated this day of .,71„I , 2011.
CITY O `' ATERLOO,CITY OF ELK RUN HEIGHTS, IOWA
By:
Ernest G. Clark, Mayor
ATTEST:
Suzcy Schares
City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY
By:
Wm. R. Henninger„
0
Kristin
y
City Clerk
On this (f) day of ll L , 2011, before me, the undersigned a
Notary Public in and for the State o 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.
Notary Pu'.lic in and for the State NUwa