HomeMy WebLinkAboutCity of Elk Run Heights-28E Agreement-02.12.2007 . 7
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28E AGREEMENT
FIRE PROTECTION CONTRACT
Fiscal Year 2007 (July 1,2007 to June 30, 2008)
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 $26.50 per year, per
capita, based on a population of One Thousand Fifty Two (1,052) residents, for a
total of $27,878.00 minus $.0.50 per capita for costs assessed by the County for
membership in the Northeast Iowa Response Group. $27,878.00 minus $526.00
totals, Twenty seven thousand, three hundred dollars and fifty-two cents
($27,352.00). 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, 2007, through
June 30, 2008; 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 /) day ofIG&tcca(y , 2007.
CITY OF WATERLOO, IOWA CITY OF ELK RUN HEIGHTS, IOWA
By: / -- By:
Tim Hurley, Mayor Wm. R. Henninger, II, Mayor
A 1-1'EST:
dLe.j—
Nan ekert Kristi Lundy
Ci lerk City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this 10' day of , 2007, before me, the undersigned a
Notary Public in and for the State of Iowa, pe s nally appeared Tim Hurley and Nancy
Eckert to me personally known, and who, bei 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 Tim Hurley and Nancy Eckert 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.
Not Public in and for the State of Iowa