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HomeMy WebLinkAbout28E Agreements (Elk Run Heights, Cedar Townhip and E. Waterloo Townhip - 8/17/2020 28E AGREEMENT FIRE PROTECTION CONTRACT FISCAL YEAR 2021 (July 1,2020 to June 30,202 1) 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: 1. The cost for fire protection to Elk Run shall be approximately $34.32 per year, per capita, based on a population of one thousand, one hundred and seventeen (1,117) residents, for a total of $38,335.44 minus $.0.50 per capita for costs assessed by the County for membership in the Northeast Iowa Response Group. $38,335.44 minus $558.50 totals, thirty seven thousand, seven hundred seventy six dollars and ninety-four cents ($37,776.94). 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 or 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, 2020, through June 30, 2021; 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. ((IIs for the purpose of providing fire protection. Dated this q4" day 2020. CITY OF WATERLOO, IOWA CITY OF ELK RUN H IG , IOWA By: r � By: Quentin Hart, Mayor Kristy ndy, Mayor ATTEST: Ke ey Fe chle Julie Eastman ty Clerk City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this dci-1-11 day of Ugl 2020 before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle 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 Quentin Hart and Kelley Felchle 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 for the State of Iowa 4'P\Al�Yo1 Co. MM�g{,ION fl(PIFE$ � µY �oo� 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2021 (July 1,2020 to June 30,202 1) 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: 1. The cost for fire protection to Cedar Township shall be $2,154.15 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 or 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, 2020, through June 30, 2021; 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 k9x��, 2020. CITY OF WATERLOO, IOWA CEDAR TOWNSHIP nil l r it VA;C �"zvb�-- By:Di a 'I i Quentin Hart, Mayor ATTEST: elley Felchle Township Clerk City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of 2020, before me, the undersigned a Notary Public in and for the State of Iowa', personally appeared Quentin Hart and Kelley Felchle, 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 Quentin Hart and Kelley Felchle 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 t and for the State of Iowa NANCY HIGBY COMMISSION NO.788229 •;09 MY CO ISSIO1$E R1 ES 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2021 (July 1, 2020 to June 30,2021) 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: 1. The cost for fire protection to East Waterloo shall be two thousand, one hundred and four dollars and twenty one cents ($2,104.21) 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 or 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, 2020, through June 30, 2021; 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 ll day of u S', 2020. CITY OF WATERLOO, IOWA EAST WATERLOO TOWNSHIP, IOWA By: By: Quentin Hart, Mayor Mter Natvig, Township Trustee ATTEST: Kelley F I hle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of L+aim, 2020, before me, the undersigned a Notary Public in and for the State of Iowa, per Y Pp Quentin Hart and Kelley nall appeared Felchle to me Y 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 Quentin Hart and Kelley Felchle 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. �+ NANCY HIGBY 229 01 COMMISSION too, I IRES s " + lv� MY COMMISSION Du' pow+ �otary ublic in and for the State of Iowa