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HomeMy WebLinkAboutBlack Hawk Nursing Realty, LLC - Fire and EMS Agreement 12.21.2020AGREEMENT FIRE PROTECTION CONTRACT The parties to the Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and Black Hawk Nursing Realty, LLC (hereinafter referred to as "Pillar"). In this agreement, defined terms shall be located in Appendix A. WHEREAS, Pillar has petitioned Waterloo, in accordance with Iowa Code 364.16 (2019), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: Property located at 1410 Dunkerton Road, Waterloo, 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 Pillar shall be Two Thousand Four Hundred Dollars ($2,400.00) per year, payable upon execution of this agreement. In addition, there will be a minimum charge of Three Hundred Dollars ($300.00) per response per engine company (as defined in Appendix A) for responses that require an on scene time (as defined in Appendix A) of more than one-half (1/2) hour. There will be a minimum charge of Four Hundred Dollar ($400.00) per response per Aerial Ladder Truck (as defined in Appendix A) for responses that require an on scene time of more than one-half (1/2) hour. All responses requiring more than one-half (1/2) hour of on scene time from either an engine company and/or an Aerial Ladder Truck shall incur an additional charge of Two Hundred Dollars ($200.00) per hour of any fraction thereof after the first hour per engine company and/or Aerial Ladder Truck. 2. Ambulance (as defined in Appendix A) charges will be billed to the party receiving. the service based on the current City Ordinance and Fee Schedule. 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 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 (2019), 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 1 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 for a period commencing upon the execution of this Agreement through June 30, 2022; and 10. Either party may revoke this Agreement at any time by giving sixty (60) days' written notice. sr Dated this 2-1 day of OQCe-rn T/ , 2020. CITY OF WATERLOO, IOWA BLACK HAWK NURSING REALTY, LLC By: "v,G uv l'/ By Quentin Hart, Mayor Manager ATT . ST- Kelley Felchlity Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this Zt. day of b2c-L- -L-P->-/ , 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 its City Council as contained in the Resolution adopted by the City Council, under 1?e,Soto-K0 n No. 20 - `l09 of the City Council on the ?A r day of i>2cc t -e'' , 2020, 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. 0 NANCY HIGBY COMMISSION NO.788229 MY CfIMyliSS1 N PIRES No and fo State of Iowa 2 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 for a period commencing upon the execution of this Agreement through June 30, 2022; and 10, Either party may revoke this Agreement at any time by giving sixty (60) days' written notice. Sr ��rt Dated this Z1 day of DQC , b-Yr" -, 2020. CrrY OF WATERLOO, IOWA By: Quentin Hart, Mayor BLACK HAWK NURSING REALTY, LLC lti ro &I Manager STATE OF IOWA ) ss. BLACK HAWK COUNTY ) r On this A-1 day of 2020, before me, the undersign-4, 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 its City Couneit as contained in the Resolution adopted by the City CoRneil, under '6ai or' No. 2' 2e — i09 of the City Council on the 7---t r day of ecc.ftUD W' , 2020, 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. ;F �tiANCY i-IIGBY ``, commisstok N©.708229 MY CQMMIS5CNVICPIRES oP' Notary; Publi ih4. and € Iowa 2 Appendix A: Definition of Terms Ambulance: A vehicle designed, equipped, and operated for the treatment and transport of ill and injured persons Aerial Ladder Truck: A vehicle equipped with an aerial ladder, elevating platform, or water tower that is designed and equipped to support fire fighting and rescue operations by positioning personnel, handling materials, providing continuous egress, or discharging water at positions elevated from the ground Engine Company: A group of fire fighters who work as a unit and are equipped with one pumping engine that have rated capacities of 750 gpm (2840 L/min) or more On Scene Time: The time from a unit (be it ambulance, engine company, or aerial ladder truck) arriving at the scene of an incident, to when the unit clears the scene Response: Any time an engine company, ambulance, or ladder truck leave the designated station to respond to a 9-1-1 emergency 3