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Home My WebLink AboutRESOLUTION NO. 02-10-08-6 RESOLUTION —08- AUTHORIZING -0 _AUTHORIZING THE EXECUTION OF AN INTERGCuVERNMENTAL (28E) AGREEMENT BETWEEN THE CITY OF FAIRFAX AND CITY OF WALFORD FOR FIRE PROTECTION WHEREAS, an agreement outlining mutual covenants between the Cities of Fairfax and Walford; and, WHEREAS, subject to any minor revisions approved by the Mayor; and, NOW THEREFORE BE IT RESOLVED,that the Mayor and City Cleric are hereby authorized and directed to execute said Intergovernmental Agreement. Approved this day of C:V ,2002. AYE v NAY ABSENT AIr Bill Voss,Mayor ATTEST: Mary acha ity Clerk �Il�',iii��111ti� ��i9�4��!�III��lllllll�lllllllllllllllllllllllllllllll Doc ID: 005376240003 Tvpe: GEN DK 4 9 6 1 PG3 31-3 3 3 Recorded: 12 19l2002 at 04:04:11 PM Fee Amt:' $16.00 Page 1 of 3 Revenue 0.00 044331 County Iowa FIRE PROTECTION AGREEMENT --.,d MCCAL. ANT RECORDER This Agreement is made and entered into this 14 day of October , 2002,by and between the City of Fairfax, a municipal corporation of Linn County, Iowa,hereinafter referred to as "Fairfax", and the City of Walford, a municipal corporation of Linn County, Iowa, hereinafter referred to as "Walford". RECITALS i. Section 364.16 of the Code of Iowa requires each city to provide for the protection of life and property against fire; ii. Watford does not maintain a fire department and desires to contract with Fairfax for fire protection; iii. Fairfax maintains a fire department and is agreeable to providing fire protection to Walford pursuant to this Agreement; iv. Walford and Fairfax are public agencies as defined by Section 28E.2 of the Code oflowa and desire to enter into this Agreement pursuant to Chapter 28E of the Code of Iowa. In consideration of the mutual covenants contained herein,Fairfax and Walford agree as follows: 1. Fire Protection. Beginning on the date of execution of this Agreement, and continuing from year to year until terminated in the manner set out in paragraph 8 hereof, Fairfax agrees to furnish fire fighting and fire prevention services to Walford utilizing on-call volunteer firemen who are members of the Fairfax Volunteer Fire Department, one or more of whom may be regular employees of Fairfax, and fire fighting apparatus and equipment owed and operated by Fairfax. Fairfax will station a fire truck at a firchouse within the City limits of Walford. 2. Compensation. Walford agrees to pay, and Fairfax agrees to accept as full payment for all such services rendered and expenses incurred, eighty cents ($.80) per thousand dollars ($1,000.00) of Watford's assessed property valuation. These payments shall be made annually based on the assessed valuations for that year. One half of the annual payment shall be made on December 1 of each year(for the period from July 1 through December 31 of that year), and one half of the annual payment shall be made on Rine l of each year(for the period from January 1 through June 30 of that year). 3. Administration. The chief of the Fairfax fire department shall be administrator of this agreement. The Fairfax fire chief or his designee shall have the sole and exclusive right, responsibility and authority to direct and control any and all fire fighting or fire prevention activities, and other emergency operations. 4. Expenses. All of the expenses incurred by Fairfax in the maintenance of equipment, apparatus, salaries, insurance premiums,and all other items of expense connected with the services to be performed by Fairfax under this Agreement shall be at Fairfax's expense, 5. Termination. This Agreement may be terminated by either Fairfax or Walford at the end of any fiscal year ending June 30, by giving the other party written notice of the termination at least sixty (60) days prior to the end of the fiscal year. 6. Equipment. Fairfax shall be responsible for acquiring,.holding and disposing of all personal property used to provide the services set forth in this Agreement. All equipment and property to be used to provide the services set forth in this Agreement shall be owned by Fairfax. Upon partial or complete termination of this Agreement, all such equipment and property shall be utilized and disposed of as determined by Fairfax. 7. Approval_and Recording. This Agreement shall be approved by the governing bodies of each of the parties. Fairfax shall be responsible for the filing and recording of this Agreement with the Secretary of State and Linn County Recorder. S. Insurance. Fairfax shall, at its expense,provide and maintain in fixll force and effect an insurance policy or policies against any loss, liability or expense from personal injury, death, property damages or other liability arising or occurring upon or in connection with the services provided pursuant to this Agreement. Such insurance shall be in an amount not less than$1,000,000.00 for injuries to any one person, and not less than$2,000,000.00 for any one accident or occurrence. In addition,Fairfax shall, at its expense, maintain a liability umbrella. policy in the amount of$1,000,0100.00. 9, Entire Agreement and Modifications. This Agreement contains the entire understanding and agreement of the parties, supersedes all prior understandings and agreements, and cannot be revised, adjusted or modified unless in a writing signed by the party against whom the Agreement is to-be enforced, 10. Enforcement Expenses. In any acts to enforce the terms and conditions of this Agreement,the prevailing party shall have its costs, expenses and attorney fees reimbursed by the other party. CITY OF FAIRFA ` f Mayor CITY OFF WALFO D 4� N1y1111111111 i1�rr+ By: 1. Mayor 0�Gu r�r♦ � N Nlifrt{lIIF Ir `'d,� , r L 2 41t_ d ,.i`sN's r"laerlt��ttN= STATE OF IOWA ) ss: COUNTY OF LINN } I the undersigned, a Notary Public in and.for the County and State aforesaid, do hereby certify that 1 {� � - , peronally known to nye to be the Mayor of the City of Fairfax, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared ''before me this_ L_day of� ,2002 in person and severally acknowledged that as such Mayor he/she signed and delivered the said instrument as Mayor of the said municipality, and caused the corporate seal of said municipality to be affixed thereto, pursuant to authority given by the corporate authorities of said municipality, as his/her free and voluntary act,and as the free and voluntary act and deed of said municipality for the uses and purposes therein set forth. iMARY PACHA IOWA NOTARIAL SEAL COMMISSION 4705036 bOwAEXPIRES 312612004 Notary Pu "ind for the State of Iowa STATE OF IOWA } ) ss: COUNTY OF LINN ) RI, the undersigned, a Notary Public in and for the County and state aforesaid, do hereby certify that ayer e ,personally known to me to be the Mayor of the City of Walford, a municipal cor oration, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this 2 0 ' day of abi ,-�lae� ,2002, in person and severally acknowledged that as such Mayor he/she signed and delivered the said instrument as Mayor of the said municipality, and caused the corporate seal of said municipality to be affixed thereto,pursuant to authority given by the corporate authorities of said municipality,as his/her free and voluntary act, and/ as the free and voluntary act and deed of said municipality for the uses and purposes thercin set forth. _ Notary Public in Vnd for the State of Iowa BEVERLY A. PETSKA � CCM+4MpIS3�KJN.lNUUh+�eER 14^5'361 * Y M 1 r+�.r/Yt�/Il�'�JfY R,I V'Ri ~ F:IWPWSWAIRFAX\FIRE PROTECTION AGREEMENT-Walford,duc 3 FIRE PROTECTION AGREEMENT This Agreement is made and entered into this day of , 2002,by and between the City of Fairfax., a municipal corporation of Linn County, Iowa, hereinafter referred to as "Fairfax", and the City of Walford, a municipal corporation of Linn County, Iowa, hereinafter referred to as "Walford". RECITALS i. Section 364.16 of the Code of Iowa requires each city to provide for the protection of life and property against fire;. ii. Walford does not maintain a fire department and desires to contract with Fairfax for fire protection; iii. Fairfax maintains a fire department and is agreeable to providing fire protection to Walford pursuant to this Agreement; iv. Walford and Fairfax are public agencies as defined by Section 28E.2 of the Code of Iowa and desire to enter into this Agreement pursuant to Chapter 28E of the Code of Iowa. In consideration of the mutual covenants contained herein„ Fairfax and Walford agree as follows: 1. Fire Protection. Peginning on the date of execution of this Agreement, and continuing from year to year until terminated in the manner set out in paragraph 8 hereof,Fairfax agrees to furnish fire fighting and fire prevention services to Walford utilizing on-call volunteer firemen who are members of the Fairfax Volunteer Fire Department, one or more of whom may be regular employees of Fairfax, and fire fighting apparatus and equipment owed and operated by Fairfax. Fairfax will station a fire truck at a firehouse within the City limits of Walford. 2. Compensation. Walford agrees to pay, and Fairfax agrees to accept as full payment for all such services rendered and expenses incurred, eighty cents ($.80)per thousand dollars ($1,000.00) of Walford's assessed property valuation.. These payments shall be made annually based on the assessed valuations for that year. One half of the annual payment shall be made on December 1 of each year, and one half of the annual payment shall be made on June I. of each year. 3. Administration. The chief of the Fairfax fire department shall be administrator of this agreement. The Fairfax fire chief shall have the sole and exclusive right, responsibility and authority to direct and control any and all fire fighting or fire prevention activities, and other emergency operations, upon arriving at the scene of a fire or emergency. 4. Expenses. All of the expenses incurred by Fairfax in the maintenance of equipment, apparatus, salaries,insurance premiums, and all other items of expense connected with the services to be performed by Fairfax under this Agreement shall be at Fairfax's expense, 5. Termination. This Agreement may be terminated by either Fairfax or Walford at. the end of any fiscal year ending.lune 30, by giving the other party written notice of the termination at least sixty(60) days prior to the end of the fiscal year. 6. Equipment. Fairfax shall be responsible for acquiring,holding and disposing of all real and personal property used to provide the services set forth in this Agreement. All equipment and property to be used to provide the services set forth in this Agreement shall be owned by Fairfax. Upon partial or complete termination of this Agreement, all such equipment and property shall be utilized and disposed of as determined by Fairfax. 7. A royal and Recording. This Agreement shall be approved by the governing bodies of each of the parties. Fairfax shall be responsible for the filing and recording of this Agreement with the Secretary of State and Linn County Recorder. 8. Insurance. Fairfax shall, at its expense,provide and maintain in full force and effect an insurance policy or policies against any loss, liability or,expense from personal injury, death,property damages or other liability arising or occurring upon or in connection with the services provided pursuant to this Agreement. Such insurance shall be in an amount not less than$1,000,000.00 for injuries to any one person, and not less than $2,000,000.00 for any one accident or occurrence. In addition,Fairfax shall, at its expense, maintain a liability umbrella policy in the amount of$1,000,000.00. 9. Entire Agreementand Modifications. This Agreement contains the entire understanding and agreement of the parties, supersedes all prior understandings and agreements, and cannot be revised,adjusted or modified unless in a writing signed by the party against whom. the Agreement is to be enforced. 10. Enforcement Expenses_ In any acts to enforce the teams and conditions of this Agreement, the prevailing party shall have its costs, expenses and attorney fees reimbursed by the other party. CITY OF FAIRFA By: Mayor CITY OF WALF'ORD By: Mayor STATE OF IOWA } ss: COUNTY OF LINN ) I,the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that . , personally known to me to be the Mayor of the City of Fairfax, a municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day of 2002 in person and severally acknowledged that as such Mayor he/she signed and delivered the said instrument as Mayor,of the said municipality,and caused the corporate seal of said municipality to be affixed thereto, pursuant to authority given by the corporate authorities of said municipality, as his/her free and voluntary act, and as the free and voluntary act and deed of said municipality for the uses and purposes therein set. forth. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: COUNTY OF LINK } I,the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that personally known to me to be the Mayor of the City of Walford,a. municipal corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day of 2002, in person and severally acknowledged that as such Mayor he/she signed and delivered the said instrument as Mayor of the said municipality, and caused the corporate seal of said municipality to be affixed thereto, pursuant to authority given by the corporate authorities of said municipality, as his/her free and voluntary act, and. as the free and voluntary act and deed of said municipality for the uses.and purposes therein set forth. Notary Public in and for the State of Iowa G:tUSERSICATHYIWPIRJSIFAIRFAX\FIRE PROTECTION AGREEMENT-Walford.doc