HomeMy WebLinkAboutCouncil Packet - 7/16/2018 Council Work Session
July 16, 2018
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
3:35 p.m. Discussion of building homes on Newell with Hawkeye Community
College.
Submitted By:Noel Anderson, Community Planning& Development
Director
Approx. Ordinance review for billing through Fire Recovery USA.
3:55 p.m.
Submitted By: Pat Treloar, Chief of Fire Services
Approx. Update on Pay by Phone initiative from Republic Parking.
4:10 p.m.
Submitted By: Jon Rouse, Republic Parking
Approx. Proposed changes to Memorial Hall Commission Constitution and
4:30 p.m. By-Laws.
Presented by: Craig White, Memorial Hall Chair
ADJOURNMENT
Kelley F elchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of building homes on Newell with Hawkeye Community College.
City Council Meeting:7/16/2018
Prepared: 7/12/2018
REVIEWERS:
Department Reviewer Action Date
Plaiuuiirig& Zouuiuig 1 ellc-Oe, i efley Approved `/ 2/2018 3-22 P
SUBJECT: Discussion of building homes on Newell with Hawkeye Community College.
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
CITY OF WATERLOO
Council Communication
Ordinance review for billing through Fire Recovery USA.
City Council Meeting: 7/16/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
1 k Rescue 1,ellcllile, Kefley Approved 7/11/2018 4-23 PM
ATTACHMENTS:
Description Type
D Oii-dinanceas r,)irop(.)s(,.,,d 13adWr) Miacrial
D 1,ire 1Z.ecovery LJ SA Sery uce A,Lq:cec nent 13adwp Mifterial
SUBJECT: Ordinance review for billing through Fire Recovery USA.
Submitted by: Submitted By: Pat Treloar, Chief of Fire Services
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
This Ordinance prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa, 50704.
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY ADDING A NEW SECTION 6, FIRE
RESCUE SERVICE COST RECOVERY, OF CHAPTER 8, MUNICIPAL
FINANCES, OF TITLE 1, ADMINISTRATION.
WHEREAS, emergency and non-emergency services response activity to incidents
continues to increase each year, and added environmental protection requirements and Homeland
Security regulations involving equipment and training create additional demands on all
operational aspects of the City's fire rescue services; and
WHEREAS, the fire department has investigated and implemented different methods to
maintain high-quality emergency and non-emergency service capabilities throughout times of
constantly increasing service demands, where maintaining an effective response serves to
decrease the costs of incidents to insurance carriers, businesses, and individuals through timely
and effective management of emergency situations, resulting in saved lives and reduced property
and environmental damage; and
WHEREAS, raising general property taxes to meet the increase in service demands for
specific incidents would not be fair or equitable when parties that directly benefit from the
services provided should be responsible for a reasonable share of the cost; and
WHEREAS, the City Council desires to implement a fair and equitable procedure for
recovery of reasonable service costs in order to mitigate the overall cost borne by the taxpayers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WATERLOO, IOWA:
That a new Section 6, Fire Rescue Service Cost Recovery, of Chapter 8, Municipal
Finances, of Title 1, Administration, is hereby enacted as follows:
1-8-6: FIRE RESCUE SERVICE COST RECOVERY:
A. Mitigation Rates: Cost mitigation rates are hereby established for the delivery of emergency
and non-emergency services,personnel, supplies and equipment by the fire and rescue operations
of the fire department to the scene of emergency and non-emergency incidents. Rates shall be
based on a reasonable estimate of the costs of delivering such services and based on charges that
are considered usual or customary by providers of such services. Mitigation rates shall be set as
Ordinance No.
Page 2
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the
day of 2018, and approved by the Mayor on the day of
2018.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
CERTIFICATE
1, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. as passed and adopted by the
Council of the City of Waterloo, Iowa, on the day of , 2018.
Witness my hand and seal of office this day of 2018.
SEAL Kelley Felchle
City Clerk
SERVICES AGREEMENT
This Services Agreement ("Agreement") is made effective as of 2018
("Effective Date"), by and between FIRE RECOVERY USA, LLC, a California limited liability
company ("Company"), and the City of Waterloo, Iowa, ("Client"). The Company and Client
are referred to herein individually as a "party" and collectively as the "parties."
RECITALS
WHEREAS, Company engages in the business of performing billing services ("Company
Services") for United States Fire Departments in connection with the motor vehicle incidents and
other emergency incidents at which the Client provides emergency services: and
WHEREAS, Client seeks the services of Company to assist with the billing for services
that Client provides in connection with motor vehicle incidents and other emergency incidents;
and
WHEREAS, Company and Client desire to enter into this Agreement to memorialize their
agreements regarding the Company Services to be provided to Client.
NOW, THEREFORE, in consideration of the mutual representations, warranties and
covenants set forth herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Company and Client agree as follows:
ARTICLE 1
ENGAGEMENT
1.1. Engagement: Client hereby engages Company to provide the Company
Services described in Article 4 herein, and Client hereby accepts such engagement, all on the
terms and conditions set forth herein. Company will determine the method, detail and means of
performing the services detailed below.
ARTICLE 2
REPRESENTATIONS AND WARRANTIES
2.1. Representations and Warranties of Company: Company hereby represents and
warrants to Client that, at all times during the term of this Agreement, Company is a limited
liability company duly organized, validly existing and in good standing under the laws of the
State of California.
2.2. Representations and Warranties of Client: Client hereby represents and warrants
to Company that, at all times during the term of this Agreement, Client is, or Governs, or
Contracts with an organized fire department established pursuant to the laws and ordinances of
the state in which Client is located.
ARTICLE 3
COMPANY STATUS AND QUALIFICATIONS
3.1. Independent Contractor: Company enters into this Agreement, and will remain
throughout the term of the Agreement, as an independent contractor. Company agrees that it
will not become an employee, partner, agent or principal of Client while this Agreement is in
effect.
3.2. Payment of Income Taxes: Company is responsible for paying when due all
income taxes, including estimated taxes, incurred as a result of the compensation paid by Client
to Company for services rendered under this Agreement. On request, Company will provide
Client with proof of timely payment. Company agrees to indemnify Client for any claims, costs,
losses, fees, penalties, interest, or damages suffered by Client resulting from Company's failure
to comply with this provision.
3.3. Use of Employees or Subcontractors: Company may, at Company's own
expense, use any employees or subcontractors as Company deems necessary to perform the
services required of Company by this Agreement. Client may not control, direct, or supervise
Company's employees or subcontractors in the performance of those services.
3.4. Qualifications: Company represents that it and its subcontractors have the skills
necessary to perform the services under this Agreement in a competent and professional
manner, without the advice or direction of Client.
3.5. Ownership Interest: Company will have no ownership interest in Client.
3.6. No Benefit Contributions: Company shall have no obligation under this
Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to
any person employed or retained by Client.
3.7. Attorney-in-Fact: Client appoints Company as Client's attorney-in-fact for the
following purposes:
(a) Billing and Collections: To bill and collect ("Collections") all revenue earned by
and due to Client, in connection with Client's provision of emergency services
provided/rendered at the sites of motor vehicle incidents and other emergency
incidents, and to receive all Collections on Client's behalf and to sue for and give
satisfaction for monies due on account and to withdraw any claims, suits, or
proceedings pertaining to or arising out of Company's or Client's right to collect
such amounts; and
(b) Endorsement: To take possession of and endorse in Client's name any notes,
checks, money orders, and any other instruments received as Collections.
ARTICLE 4
GENERAL RESPONSIBILITIES OF COMPANY
4.1. Minimum Amount of Service: Company agrees to devote as much time and
attention to the performance of the Company Services under this Agreement as may be, in
Company's sole discretion, required to accomplish the tasks described herein to accomplish the
results for which the Company is responsible under this Agreement.
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4.2. Company Services: Company agrees to perform the Company Services as set
forth in the "List of Company Services" attached hereto as Schedule "A" and incorporated herein
by reference; including those additional services requested by Client and accepted in writing by
the Company during the term of this Agreement.
4.3. Non-Exclusive Relationship: Company may represent, perform services for, and
contract with as many additional clients, persons, or companies as Company, in Company's
sole discretion, sees fit.
4.4. Time and Place of Performing Work: Company may perform the services under
this Agreement at any suitable time and location Company chooses.
4.5. Materials and Equipment: Company will supply all materials and equipment, at
it's own expense, required to perform the services under this Agreement.
4.6. Workers' Compensation: Company agrees to provide workers' compensation
insurance for Company and Company's employees and agents and agrees to hold harmless
and indemnify Client for any and all claims arising out of any injury, disability, or death of any of
Company's employees or agents.
4.7. Assi, nq ment: Neither this Agreement nor any duties or obligations under this
Agreement may be assigned by Company without the prior written consent of Client, which
consent shall not be unreasonably withheld.
ARTICLE 5
COMPENSATION OF COMPANY
5.1. Compensation for Company Services: All Company Services provided pursuant
to this Agreement will be provided in accordance with the terms, including compensation
amounts and schedule of remittance, set forth in the "List of Company Services," attached
hereto as Schedule A.
5.2. The provisions of Article 11 of this Agreement will govern any dispute associated
with compensation.
ARTICLE 6
OBLIGATIONS OF CLIENT
6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests
of Company and provide access to all documents reasonably necessary to the performance of
Company's duties under this Agreement. The Client shall be responsible for initially insuring,
and continuing to review, local and state laws in the Client's jurisdiction to assure adequate
legal authority for Company to engage in the Services described herein on behalf of Client.
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6.2. Assignment: Once a run is assigned to Company for processing, Company will
use commercial reasonable efforts to pursue collection until all efforts have been exhausted.
While Company is pursuing payment on a claim Client is precluded from assigning any duties or
obligations under this Agreement to any other party, without the written consent of Company.
Client may not negotiate a settlement of a run Company is processing without Company's
written consent to the terms of the settlement and compensation due to Company for
processing the run. Once Company has determined a run is not collectible it will either be
archived and closed or sent to a collection agency (only if Client chooses to do so). Sending an
account to collection incurs additional fees to Client. If payment is received from a collection
agency, the amount received will be posted to Client's account by Company. Company will
reimburse Client at the rate set forth in Schedule A, List of Company Services for that particular
run, minus any additional fees from the collection agency.
ARTICLE 7
CLIENT AUTHORIZATION
7.1. Authorization: Notwithstanding other provisions of this Agreement, Company
shall obtain authorization from Client prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or
encumbrance of Client's interest in any sums owed to Client; and
(b) All other limitations as stated by the terms of this Agreement.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1. Termination on Notice: Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement at any time by giving thirty days (30) written notice to
the other party. Unless earlier terminated as set forth below, this Agreement shall be effective
as of the date first set out above and shall continue for a period of one (1) year thereafter. This
Agreement shall automatically renew for up to four (4) successive one (1) year periods, unless
either party provides written notification to the other party of its decision not to renew this
Agreement.
8.2. Termination on Occurrence of Stated Events: This Agreement will terminate
automatically on the occurrence of any of the following events;
(a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the
other party; the parties agree that neither party will unreasonably withhold
consent to such an assignment.
8.3. Termination for Default: If either party defaults in the performance of this
Agreement or materially breaches any of its provisions, the non-breaching party may terminate
this Agreement by giving written notification to the breaching party. Termination will take effect
immediately on receipt of notice by the breaching party or five days (5) after mailing of notice,
whichever occurs first. For the purposes of this paragraph, material breach of this Agreement
includes, but is not limited to, the following:
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(a) Company's failure to complete the services specified in the Description of
Services;
(b) Client's material breach of any representation, warranty or agreement contained
in this Agreement;
(c) Company's material breach of any representation, warranty or agreement
contained in this Agreement;
(d) Client's yearly billable run volume is at or below six (6) runs.
ARTICLE 9
PROPRIETARY RIGHTS
9.1. Confidential Information: Any written, printed, graphic, or electronically or
magnetically recorded information furnished by Client for Company's use are the sole property
of Client. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Client's employees,
products, services, prices, operations, and subsidiaries. Company will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person
except with the Client's approval, and only to the extent necessary to perform the services
under this Agreement. This prohibition also applies to Company's employees, agents, and
subcontractors. On termination of this Agreement, Company will return any confidential
information in Company's possession to Client.
9.2 Confidential Information: Any written, printed, graphic, electronically or
magnetically recorded information, computer-based hardware, software, applications, software
scripts, or software links furnished by Company for Client's use are the sole property of
Company. This proprietary information includes, but is not limited to, customer requirements,
customer lists, marketing information, and information concerning the Company's employees,
products, services, prices, operations, and subsidiaries. Client will keep this confidential
information in the strictest confidence, and will not disclose it by any means to any person
except with the Company's approval, and only to the extent necessary to perform the services
under this Agreement. This prohibition also applies to Client's employees, agents, and
subcontractors. On termination of this Agreement, Client will return any confidential information
in Client's possession to Company.
ARTICLE 10
INDEMNIFICATION
10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify
and hold the Client harmless from and against any and all loss, damage, liability, (including but
not limited to attorney fees and expenses), claims and/or injury resulting from the acts or
omissions of the Company, or its agents on the Company's behalf, in connection with this
Agreement. However, this indemnification shall not apply with respect to any legal cause,
action or consequential liability or losses as a result from inaccurate or incomplete information
or unfounded or unreasonable submissions furnished to the Company by the Client nor shall it
apply to any act, omission or negligence of the Client.
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ARTICLE 11
GENERAL PROVISIONS
11.1. Governing Law: This Agreement shall be governed in all respects by the laws of
the State of California, without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction that would cause the application of
the laws of any jurisdiction other that the State of California).
11.2. Entire Agreement: This Agreement constitutes the entire agreement between the
Parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations, and understanding of the parties.
11.3. Successors and Assigns: Except as otherwise provided herein, the provisions
hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs,
executors and administrators of the parties hereto. No party may assign any of its rights or
obligations hereunder without the express written consent of the other party hereto, which
consent may not be unreasonably withheld; provided, however, any party may assign any and
all of its rights and interests hereunder to one or more of its affiliates and designate one or more
of its affiliates to perform its obligations hereunder; provided, however, that such party remains
liable for full and total performance of its obligations hereunder.
11.4. Notices: Any notices authorized to be given hereunder shall be in writing and
deemed given, if delivered personally or by overnight courier, on the date of delivery, if a
Business Day, or if not a business day, on the first Business Day following delivery, or if mailed,
three days after mailing by registered or certified mail, return receipt requested, and in each
case, addressed, as follows:
If to the Company to: with a copy to:
Fire Recovery USA, LLC The Watkins Firm, APC
2271 Lava Ridge Court, Suite 120 4275 Executive Square, Suite 1020
Roseville CA 95661 La Jolla, CA 92037
Attention: Craig Nagler Attention: Chris Popov, Esq.
If to Client to: with a copy to:
Waterloo Fire Rescue Office of City Attorney, City of Waterloo
425 East 3rd 715 Mulberry Street
Waterloo, IA 50703 Waterloo, IA 50703
Attention:
Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on
transmission confirmed electronically, or if at any other time or day on the first Business Day
succeeding transmission confirmed electronically, to the facsimile numbers provided above, or
to such other address or telecopy number as any party shall specify to the other, pursuant to the
foregoing notice provisions. When used in this Agreement, the term "Business Day" shall mean
a day other than a Saturday, Sunday or a Federal Holiday.
11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set
forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any
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prior and contemporaneous understandings, agreements, or representations by or among the
parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii)
may not be amended orally, and no right or obligation of any party may be altered, except as
expressly set forth in a writing signed by such party.
11.6. Counterparts: This Agreement may be signed in several counterparts.
11.7. Expenses: Each party shall bear its own expenses incurred with respect to the
preparation of this Agreement and the consummation of the transactions contemplated hereby.
11.8. Arbitration:
(a) If at any time there shall be a dispute arising out of or relating to
any provision of this Agreement, any Transaction Document or any agreement
contemplated hereby or thereby, such dispute shall be submitted for binding and
final determination by arbitration in accordance with the regulations then
obtaining of the American Arbitration Association. Judgment upon the award
rendered by the arbitrator(s) resulting from such arbitration shall be in writing,
and shall be final and binding upon all involved parties. The site of any
arbitration shall be at a site agreed to by the parties and the arbitration decision
can be enforced in a "court of competent jurisdiction".
(b) This arbitration clause shall survive the termination of this
Agreement, any Transaction Document and any agreement contemplated hereby
or thereby.
11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY
WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING
UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE
AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE
ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT
CONTEMPLATED HEREBY.
11.10 Cooperative Purchases: This Agreement may be used by other government
agencies. Company has agreed to offer similar serves to other agencies under the same or
similar terms and conditions as stated herein except that the revenue share percentage
(Compensation) may be negotiated between the Company and other agencies based on the
specific revenue expectations, agency reimbursed costs, and other agency requirements. The
City/County/or Client/Protection District will in no way whatsoever incur any liability in relation to
specifications, delivery, payment, or any other aspect of purchase by other agencies.
Signatures on following page:
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first written above.
COMPANY:
FIRE RECOVERY USA, LLC.
a California limited liability company
Signature:
Name: M. Craig Nagler
Title: Manager
CLIENT:
City of Waterloo, Iowa
Signature:
Name (printed):
Title:
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SCHEDULE A
LIST OF COMPANY SERVICES
1. Company agrees to bill the responsible party on the Client's behalf for services
provided/rendered during motor vehicle incidents and other emergency incidents. The
Mitigation Rates lists in Exhibit A will increase in accordance with city ordinance, rule,
regulation or resolution.
2. Company will provide, as a normal matter of business; entry of claims and submission to
the responsible party, collections of monies deemed due to the Client, payments of the
agreed upon percentage of said monies to Client, and reporting of progress.
3. Company agrees to bill to the best of its ability all claims provided to Company by the
Client. Unless authorized by the Client in advance, Company will only bill the insurance
carrier for the responsible party or parties and will not bill the responsible party or parties
directly.
4. Company will not begin litigation against a person, entity, or insurance carrier without
prior written approval by the Client.
5. Company agrees to reimburse Client a portion of the monies collected at a rate of 80%
(eighty-percent) of the total monies collected on the Client's claims. Total monies
collected will be net, after any credit card processing fees (charged at 4%) or any
collection agency fees.
6. Company agrees to pay these monies collected to the Client on a monthly basis, within
seven (7) working days after the close and accounting of the monthly billing cycle.
7. Company agrees to make available reports via a password protected website to the
Client which detail billable claims outstanding (which are claims submitted, but not yet
completed) and claims completed in the prior billing cycle.
8. Company will not be responsible for, nor accept any liability for, any erroneous, invalid,
or illegal procedure codes or claims submitted to Company by the Client on the Run
Sheets.
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EXHIBIT A
INITIAL MITIGATION RATES
BASED ON PER HOUR
The mitigation rates below are average "billing levels", and are typical for the incident responses
listed, however, when a claim is submitted, it will be itemized
and based on the actual services provided. Beginning July 1, 2019, the rates set forth below
may be subject to annual adjustment as provided by city ordinance or by resolution of the city
council.
MOTOR VEHICLE INCIDENTS
Level 1 - $487.00
Provide hazardous materials assessment and scene stabilization. This will be the most common
"billing level". This occurs almost every time the fire department responds to an
accident/incident.
Level 2 - $554.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid
clean up and disposal. We will bill at this level if the fire department has to clean up any
gasoline or other automotive fluids that are spilled as a result of the accident/incident.
Level 3— CAR FIRE -$677.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use,
foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a
result of the accident/incident.
ADD-ON SERVICES:
Extrication - $1,461.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire
department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill
at this level if the patient is simply unconscious and fire department is able to open the door to
access the patient. This level is to be billed only if equipment is deployed.
Creating a Landing Zone - $448.00
Includes Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this
level any time a helicopter landing zone is created and/or is utilized to transport the patient(s).
Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates, for each incident using, itemized rates deemed usual, customary and
reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus
products and equipment used.
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ADDITIONAL TIME ON-SCENE
Engine billed at $448 per hour.
Truck billed at $560 per hour.
Miscellaneous equipment billed at $336.
HAZMAT
Level 1 - $784.00
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, set-up and command.
Level 2 - $2,800.00
Intermediate Response: Claim will include engine response, first responder assignment,
hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up
and command, Level A or B suit donning, breathing air and detection equipment. Set-up and
removal of decon center.
Level 3— $6,608.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat
certified team and appropriate equipment, perimeter establishment, evacuations, first responder
set-up and command, Level A or B suit donning, breathing air and detection equipment and
robot deployment. Set-up and removal of decon center, detection equipment, recovery and
identification of material. Disposal and environment clean up. Includes above in addition to any
disposal rates of material and contaminated equipment and material used at scene. Includes 3
hours of on scene time - each additional hour @ $336.00 per HAZMAT team.
ADDITIONAL TIME ON-SCENE (for all levels of service)
Engine billed at $448 per hour.
Truck billed at $560 per hour.
Miscellaneous equipment billed at $336.
FIRE INVESTIGATION
Fire Investigation Team - $308.00 per hour.
Includes:
• Scene Safety
• Investigation
• Source Identification
• K-9/Arson Dog Unit
• Identification Equipment
• Mobile Detection Unit
• Fire Report
The claim begins when the Fire Investigator responds to the incident and is billed for
logged time only.
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FIRES
Assignment - $448.00 per hour, per engine /$560.00 per hour, per truck
Includes:
• Scene Safety
• Investigation
• Fire / Hazard Control
This will be the most common "billing level". This occurs almost every time the fire department
responds to an incident.
OPTIONAL: A fire department has the option to bill each fire as an independent event
with custom mitigation rates.
Itemized, per person, at various pay levels and for itemized products use.
ILLEGAL FIRES
Assignment - $448.00 per hour, per engine /$560.00 per hour, per truck
When a fire is started by any person or persons that requires a fire department response during
a time or season when fires are regulated or controlled by local or state rules, provisions or
ordinances because of pollution or fire danger concerns, such person or persons will be liable
for the fire department response at a cost not to exceed the actual expenses incurred by the fire
department to respond and contain the fire. Similarly, if a fire is started where permits are
required for such a fire and the permit was not obtained and the fire department is required to
respond to contain the fire the responsible party will be liable for the response at a cost not to
exceed the actual expenses incurred by the fire department. The actual expenses will include
direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of
the response.
WATER INCIDENTS
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter
establishment, evacuations, first responder set-up and command, scene safety and
investigation (including possible patient contact, hazard control). This will be the most common
"billing level". This occurs almost every time the fire department responds to a water incident.
Billed at $448 plus $56 per hour, per rescue person.
Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used
(sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire
department has to clean up small amounts of gasoline or other fluids that are spilled as a result
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of the incident.
Billed at $896 plus $56 per hour, per rescue person.
Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation,
donning breathing apparatus and detection equipment. Set up and removal of decon center,
detection equipment, recovery and identification of material. Disposal and environment clean
up. Includes above in addition to any disposal rates of material and contaminated equipment
and material used at scene.
Billed at $2,240 plus $56 per hour per rescue person, plus $112 per hour per HAZMAT
team member.
Level 4
Itemized Response: You have the option to bill each incident as an independent event with
custom mitigation rates for each incident using itemized rates deemed usual, customary and
reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus
rescue products used.
BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual,
customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per
hour, per trained rescue person per hour, plus rescue products used.
Minimum billed $448 for the first response vehicle plus $56 per rescue person. Additional
rates of$448 per hour per response vehicle and $56 per hour per rescue person.
CHIEF RESPONSE
This includes the set-up of Command, and providing direction of the incident. This could include
operations, safety, and administration of the incident.
Billed at $280 per hour.
MISCELLANEOUS /ADDITIONAL TIME ON-SCENE
Engine billed at $448 per hour.
Truck billed at $560 per hour.
Miscellaneous equipment billed at $336.
MITIGATION RATE NOTES
The mitigation rates above are average "billing levels", and are typical for the incident responses
listed, however, when a claim is submitted, it will be itemized and based on the actual services
provided.
These average mitigation rates were determined by itemizing costs for a typical run (from the
5
time a fire apparatus leaves the station until it returns to the station) and are based on the actual
costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and
maintenance) and labor rates (an average department's "actual personnel expense" and not just
a firefighter's basic wage). The actual personnel expense includes costs such as wages,
retirement, benefits, workers comp, insurance, etc.
6
CITY OF WATERLOO
Council Communication
Update on Pay by Phone initiative from Republic Parking.
City Council Meeting: 7/16/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
(." Ark: Offl °,e 1 elld,le, Kelley Appro),d '7/11/2018 426 P
SUBJECT: Update on Pay by Phone initiative from Republic Parking
Submitted by: Submitted By: Jon Rouse, Republic Parking
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
CITY OF WATERLOO
Council Communication
Proposed changes to Memorial Hall Commission Constitution and By-Laws.
City Council Meeting:7/16/2018
Prepared: 7/11/2018
REVIEWERS:
Department Reviewer Action Date
Oefl<. ()ff'we ifi glby, T at icy Approved 1/6/2018 9-35 AM
ATTACHMENTS:
Description Type
SUBJECT: Proposed changes to Memorial Hall Commission Constitution and By-
Laws.
Submitted by: Presented by: Craig White, Memorial Hall Chair
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
CONSTITUTION and BY-LAWS
Memorial Hall Commission
Veterans Memorial Hall/Soldiers and Sailors Park
CONSTITUTION
Article I --Name
Section 1. The name of this administration shall be: "Memorial Hall Commission" as set forth in 1993 Code of
Ordinances of the City of Waterloo, Iowa, Section 2, 195.5 of Division 5, of Article VII, Chapter 2:
Ordinance No. 4236 adopted by the city council on July 23, 1997, creating the Memorial Hall
Commission.
Ordinance No. 4265 adopted by the city council on November 3, 1997, increasing the members from
five to eleven.
Ordinance No. 4266 adopted by the city council on November 17, 1997, creating terms of offices.
Article II --Object
Section 1. The object of this Commission shall be: to unite and promote fellowship among Veterans, Civic, and
Patriotic organizations advancing the interests and the betterment of the property and contents located at 655
Memorial Court, Waterloo, Iowa; devoted to improve, restore, preserve, enhance, and maintain the building and
park, monuments, documents, portraits, and relics; in order to perpetuate the memory and achievements of
United States military personnel who distinguished themselves by their services and sacrifices while with our
Country's National Defense; to encourage historical research and extend educational services in relation to Wars
and defending American freedom; to celebrate the anniversaries of prominent events of our Country's Wars and
Conflicts; to foster in loyal appreciation true American patriotism; and at all times to uphold and maintain the
Constitution and the laws of the United States of America.
Section 1. The seve-„1 eenst t-ute a-niz ions of This Commission shall consist of: (a) American Legion 4730,
(b) American Legion#138, (c) AMVETS #19, (d)Disabled American Veterans #11,
(e) Veterans of Foreign Wars # 1623, , (t-f) Military Order of the
Purple Heart #86, (h) Women's Army Corps Veteran Association, , G) The
Retired Officers Association, , and (1) ex-officio City
Representatives. (m) Rolling Thunder Iowa Chapter 1, (n) UAW 838 Veterans Committee, (o) Sons of
AMVETS #19, (p) Cedar Valley Civil War Roundtable, and (q) no more than two (2) members at large.
Section 2. Any honorably discharged military person, or Gold Star Mother, or concerned citizen shall qualify to
become a candidate for the Memorial Hall Commission provided he/she is a member in good standing with the
organization he/she is representing and/or a proponent of veteran's affairs.
Section 3. Each organization identified shall elect two (2) representatives--one (1) delegate and one (1) alternate
to serve a three (3) year term on the Memorial Hall Commission. Due notice of such elected representatives must
be submitted to the City Clerk's office not later than September 30 of that year.
Section 4. Any representative may succeed himself/herself if properly elected by their organization provided the
tenure conforms with the City Code of Ordinances,regarding Boards and Commissions.
Section 5. No representative shall be appointed to serve on this Commission without recommendation by the
Mayor and approved by the City Council.
Section 6. Each organization identified, shall be placed into a group described by the term expiration dates when
the Commission is first instituted. One group to serve one year, one group to serve two years, and one group to
serve three years. After the term of each group expires, that group shall be elected to serve for three years.
E*Pifatioa Date 12,10111998 Fofeign)Alafs 41623 City Repfeseiital
p (b) Two Yeaf Tefffl:
>~"ifalio Da4e 12,10111999-- n.,,eiiean Legion„ #730 ANIVETS#19 1.rayy N4ot e-s/Blue Star N4otho,
Pala. C ee Ye f Tef is iZlaek 14a--,,N4!'',,,,fAy V ietfl f Vete ails N fil to f !1 fdx.-, f the Pt ff le
>~.,,.ifatio D e 12,10112000 14ea44 4961 Women's A.-my r,fps Vete—aa n s a4io The
Section 1. Types of Membership shall be as follows:
Para. (a) ACTIVE -Membership of this Commission shall be composed of only eligible representatives from
each organization or members at large as defined in Article III, Sections 1, 2, 3, 4, and 5. The Mayor of the City
of Waterloo or an appointed designee shall be an ex-officio voting member of the Commission.
Para. (b)ASSOCIATE -Any individual who is or may become a member to any of the organizations identified in
Article III, Section 1, and all servicemen and women who are presently on active duty in any branch ofthe
United States Military shall be eligible for Associate Membership and shall be entitled to all privileges except
those of voting and holding office.
Para. (c) ALLIED SUPPORT GROUP -Any individual currently serving as and limited to hereafter as; Mayor,
City Council Member, Community Development, Police Chief, Administrative Director, City Clerk, Fire Chief,
Executive Director of Grout Museum, Waterloo Museum of Art, Executive Director of Main Street Waterloo
and Ela4 High School Junior ROTC shall be eligible for Allied Membership and shall be entitled to all privileges
of membership except those of voting and holding office.
Para. (d) SOCIAL -Any individual who is a member and may become a member to any established subordinate
unit attached to any of the organizations identified in Article III, Section 1 or any individual whose disposition is
favorable to the Commission, shall be eligible for Social Membership and shall be entitled to all privileges of
membership except those of voting and holding office.
Section 2.All Memberships shall conform with the requirements as set forth in this Constitution and By-laws.
Section 3.All Membership Dues or any other types of fee shall be established by the Commission.
Article V --Principal Office: Scope of Activities
Section 1. The principal office of this Commission shall be located at 715 Mulberry Street, Waterloo, Iowa
50703 or in any such other place as may later be determined by the Mayor,but the activities of the Commission
shall not be confined to that place.
Section 1. The administrative affairs of this Commission shall be vested only in the eligible representatives
present and voting when the Commission is in session. Each organization represented shall have the right to cast
one (1)vote on each matter submitted to a vote at any Memorial Hall Commission meeting.
Section 2. The officers of this Commission shall consist of a General Chairperson, a Vice Chairperson, a
Secretary, and a Treasurer.
Article VII --Amendments
This Constitution may be amended at any Memorial Hall Commission meeting by a vote of two thirds of the
representatives present and eligible to vote, provided that any such amendment is read at two (2) meetings and
that all delegates and alternates were notified of the proposed change prior to each of the two (2) meetings.
Article VIII
This Constitution and By-laws shall not become in full force and effect until approved by the City Council and
signed by the Mayor.
BY-LAWS
Article I --Organization
Section 1. This Commission shall be known as "Memorial Hall Commission, " and affirms its allegiance to its
Constitution, By-laws and rules, mandates and regulations promulgated pursuant thereto.
Section 2. The creation and continuance of Veterans Memorial Hall shall be as a monument to men and women
who have honorably served with any United States military forces.
Section 3. The building and grounds shall serve as: (a) a meeting site for veteran's associations and patriotic
societies; (b) a site for Memorial Day observances and other patriotic ceremonies; (c) a museum to display
photographs and patriotic memorabilia; and(d) a site for city business affairs and social activities.
Article II --Officers
Section 1.
Para 1: The Commission shall elect annually a General Chairperson, Vice Chairperson, Secretary, and a
Treasurer.
Para 2: The General Chairperson, with the approval of the Commission, shall appoint Commission Committees,
with the exception of the Nominating Committee,which shall be elected by the Commission.
Para 3: Such other officers as may be necessary to operate the Commission may be appointed by the General
Chairperson, with the approval of the Commission.
Para 4: A "Commission Officer Report" shall be submitted to the City Mayor's office within five
(5) days after the installation of newly elected officers or in the event of any subsequent change in the
Commission officers during the membership year.
Section 2.
Para 1: The General Chairperson shall be the presiding officer and in his/her absence, the duty will fall to the
next highest officer in line of succession who is present. He/she shall maintain order and dispatch such business
as may legally come before him/her. Shall perform all other duties that may reasonably be assumed to be
incidental including those set forth in this Constitution and By-laws and such other duties as may be lawfully
delegated to him/her by the Commission.
Constitution and By-laws--5
Para 2: The Vice Chairperson shall perform the duties of the General Chairperson in the event of his/her absence.
If the General Chairperson should die, resign, or be removed, the same order of authority would be in effect until
a new General Chairperson is elected. He/she shall be the Membership Chairperson and as such is responsible to
confirm all types of memberships and campaign to increase all memberships as set forth in the Constitution and
By-laws.
Para 3: The Secretary is responsible for keeping the Commission records and conducting the Commission's
correspondence. He/she must keep detailed records of the Commission's meetings and business affairs. All
motions considered by the Commission should be recorded along with the names of the delegates or alternates
who make, second, or speak on motions. At each commission meeting, he/she should read all correspondence
received between meetings and see that all matters which require action by the Commission are properly
disposed of and should answer all correspondence promptly and file copies of responses with the commission
records.
Para 4: The Treasurer and City Clerk shall keep an accurate record of all monies received and disbursed. All
monies received shall be deposited in the form of an individual "City of Waterloo Escrow Account" that must be
established in a financial institution insured by an agency of the Federal Government. He/she shall make a report
on Commission finances at each meeting and records shall be open to the Commission when a request is made in
writing through the General Chairperson or Mayor's office. He/she shall also be a member on the
Finance/Fundraising Committee.
Section 3.
Para 1: Upon election or appointments, and installation of the successor to any such Commission office, all
Commission property in his or her predecessor's possession shall be surrendered to the newly installed officer.
Article III --Qualifications
Section 1. Any individual who is a delegate or alternate of this Commission shall be eligible to any elective or
appointive office in this Commission, unless otherwise provided in this Constitution and By-laws.
Section 2. Any individual may not hold more than one (1) elected position.
Section 3.Any officer of this Commission may succeed themselves if properly elected.
Section 1. Officers shall be nominated each year during the October meeting and again immediately prior to the
November election meeting. Elected officers shall be installed not later than December 1 of that year and shall serve
in that office for one (1)year or otherwise defined in tins Constitution and By-laws.
Section 2. Unexcused absence of any officer from three (3) consecutive meetings shall be cause for removal by the
Commission.
Article V --Membership
Section 1. No applicant shall be denied membership if he or she meets the eligibility requirements as set forth in this
Constitution and By-laws.
Article VI --Committees
Section 1. There will be four (4) Committees: Building and Grounds, Operations, Finance/Fundraising, and
Education/Historical.
Section 2. Committees shall consist of not less than three (3) members with one (1) to be a voting member of the
Commission.
Section 3. In the event a Committee fails to make a recommendation upon any matter referred to within a reasonable
time or in emergencies,the City may act upon such matter without receiving approval of the Commission.
Article VII --Meetings
Section 1. Commission meeting dates, time, and place shall be determined by the desires of the Commission.
Section 2. Special meetings of the Commission may be called by the General Chairperson or the Mayor whenever
they may deem it necessary.
Section 3. A quorum shall consist of six(6) or-gani @PA@El pFesetA five (5)voting members.
Section 4. Minutes of the meetings shall be kept and available for inspection.
Section 1. At least once a year there shall be observed a special Memorial Day Ceremony in accordance to the
Waterloo Memorial Board By-laws
Article IX --Miscellaneous
Section 1.
Para 1: These By-laws may be amended at any Commission meeting by a vote of two-thirds of the
representatives present and eligible to vote, provided that any such amendment is read at two (2) meetings and
that all Commission delegates and alternates were notified of the proposed change prior to each of the two (2)
meetings.
Para 2: The Charter of this Commission shall be displayed at Veterans Memorial Hall in a frame and a copy of
its Constitution and By-laws shall be properly affixed to its back, a copy kept at City Hall, and also in the
Commission's file.
Para 3: No part of the net earnings, property or assets of this Commission shall inure to the benefit of any
organization,private person, or any member, officer, or director.
Article X --Parliamentary Authority
Section 1. Roberts Rules of Order, newly revised, shall govern in all cases not specifically covered by this
Commission's Constitution and By-laws.
CERTIFIE
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