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HomeMy WebLinkAboutPillar of Cedar Valley Agreement - 7/18/2022AGREEMENT FIRE PROTECTION CONTRACT The parties to the Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and Black Hawk Nursing and Rehabilitation, LLC, dba Pillar of Cedar Valley (hereinafter referred to as "Pillar"). In this agreement, defined terms shall be located in Appendix A, attached hereto. WHEREAS, Pillar has petitioned Waterloo, in accordance with Iowa Code 364.16 (2021), 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 or 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. 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. 1 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, 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 (2021), 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 for a period commencing upon the execution of this Agreement through June 30, 2025; and 10. Either party may revoke this Agreement at any time by giving sixty (60) days' written notice. Dated this r g day of CITY OF WATERLOO, IOWA , 2022. BLACK HAWK NURSING AND REI-IABILITATION, LLC dba Pillar of Cedar Valley By last- By Quentin Hart, Mayor ATTEST: City Clerk 2 Aaron Cohen, Manager STATE OF IOWA ss. BLACK HAWK COUNTY ) On this Z` day of J , 2022, 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 Council Action No. to-7 (p 1 L of the City Council on the 1 , day of J U , 2022, and that Quentin Hart and Kelley Felchle, acknowledged the execution of e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. NANCY HIGBY COMMINSSION NO.788229 PAY IPAISSITMES Notary Public in ti for tof Iowa Appendix A: Definition of Tenns 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 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) E,2M/DDr 2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PDCM Insurance P.O. Box 2597 Waterloo IA 50704 CONT NAMEACT Janet Dufel, CPCU, CIC, CRM, CPIW PHONE FAX (A/c, No, Ext): 319-234-8888 (A/C, No): 319-234-7702 ADDRESS: jdufel@pdcm.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers 40282 INSURED WATERLO-02 City of Waterloo 715 Mulberry Street Waterloo IA 50703-5714 INSURER B : Safety National Casualty Corp. INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1032932775 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBERPOLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ZLP15P3053A 7/1/2022 7/1/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X 250,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED 8109157P459 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROP(Per accident) dent) RTY DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE ZUP51 N43500 7/1/2022 7/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ DED X RETENT ON $ 10.000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A AGC4067097 7/1/2022 7/1/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 28E Fire & EMS Agreement CERTIFICATE HOLDER CANCELLATION Black Hawk Nursing and Rehabilitaton, LLC dba Pillar of Cedar Valley 1410 W. Dunkerton Road Waterloo IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD