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Home My WebLink AboutRESOLUTION NO. 2010-60 RESOLUTION 2010-60 AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL(28E) AGREEMENT BETWEEN THE CITY OF FAIRFAX AND CITY OF WALFORD FOR FIRE PROTECTION WHEREAS, Section 364.16 of the Code of Iowa requires each city to provide for the protection of life and property against fire; and WHEREAS,the City of Walford and the City of Fairfax are public agencies as defined by Section 28E.2 of the Code of Iowa; and WHEREAS, Section.28E.3 of the Code of Iowa provides that any power of any public agency of this state may be exercised jointly with any other public agency of this state; and WHEREAS,the City of Walford does not maintain a fire department and desires to contract with the City of Fairfax for fire protection; and WHEREAS,the City of Fairfax does maintain a fire department and is agreeable to providing fire protection to the City of Walford pursuant to the attached Intergovernmental Agreement. NOW, THEREFORE,BE IT RESOLVED,that the City Council of the City of Fairfax does hereby accept the attached Intergovernmental Agreement with the City of Walford for fire protection. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said Intergovernmental Agreement and to execute this resolution. Approved this 14th day of December, 2010. AYES: Beer, Frieden, Otto,Magers, and Wainwright NAYS: None ABSENT: None Iaso Rabe Mayor ATTEST: Ctit is Stimson City lerk/Treasurer M INTERGOVERNMENTAL (28E)AGREEMENT BETWEEN 4 t , THE CITY OF FAIRFAX AND CITY OF WALFORD FOR FIRE PROTECTION WHEREAS, Section 364.16 of the Code of Iowa requires each city to provide for the protection of life and property against fire; and WHEREAS, the City of Watford and the City of Fairfax are public agencies as defined by Section 28E.2 of the Code of Iowa; and WHEREAS, Section 28E.3 of the Code of Iowa provides that any power of any public agency of this state may be exercised jointly with any other public agency of this state; and WHEREAS, the City of Watford does not maintain a fire department and desires to contract with the City o 'Fairfax for fire protection; and WHEREAS, the City of Fairfax does maintain a fire department and is agreeable to providing fire protection to the City of Watford pursuant to this Intergovernmental Agreement. NOW, THEREFORE,IT IS AGREED AS FOLLOWS; 1. Fire Protection. Beginning on the date of execution of this Intergovernmental Agreement, and continuing from year to year until terminated in the manner set out in paragraph 8 hereof,the City of Fairfax agrees to furnish fire fighting and fire prevention services to the City of Watford utilizing on-call volunteer firemen who are members of the Fairfax Fire and Rescue Volunteer Fire Department, one or more of whom may be regular employees of the City of Fairfax, and fire fighting apparatus and equipment owned and operated by the City of Fairfax. The City of Fairfax will station a fire truck at a firehouse within the city limits of the City of Watford. 2. Compensation., The City of Watford agrees to pay, and the City of Fairfax agrees to accept as full payment for all such services rendered and expenses incurred, one dollar ($1.00)per thousand dollars($1,000.00) of the City of Watford's assessed taxable property valuation, These payments shall be made annually based on the assessed taxable valuations used for that fiscal 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 June 1 of each year (for the period from January 1 through June 30 of that year). 3. Administration. The Chief of the Fairfax Fire and Rescue Volunteer Fire Department shall be the administrator of this agreement. The 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 the City of Fairfax in the maintenance of equipment, apparatus, salaries, insurance premiums, and all other items of expense connected with the services to be performed by the City of Fairfax under this Intergovernmental Agreement shall be at the City of Fairfax''s expense. 5. Termination. 'This Intergovernmental Agreement may be terminated by either the City of Fairfax or the City of 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. The City of Fairfax shall be responsible for acquiring, holding, and disposing of all personal property used to provide the services set forth in j this Intergovernmental Agreement. All equipment and property to be used to provide the services set forth in this Intergovernmental Agreement shall be owned by the City of Fairfax. Upon partial or complete termination of this Intergovernmental Agreement, all' such equipment and property shall be utilized and disposed of as determined by the City of Fairfax. 7. Approval and Recording. This Intergovernmental Agreement shall be approved by the governing bodies of each of the parties. The City of Fairfax shall be responsible for the filing and recording of this Intergovernmental Agreement with the Secretary of State and the Linn County Recorder, 8. Insurance, The City of Fairfax shall, at its expense, provide and maintain in frill 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 Intergovernmental Agreement. Such insurance shall be in an amount not less than $1,000,000.00 from injuries to any one person, and not less than $2,000,000.00 from any one accident or occurrence. In addition, the City of Fairfax shall, at its expense, maintain a liability umbrella policy for an amount not less than $1,000.,000.00. 9. Entire Agreement and Modifications. This Intergovernmental 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 this Intergovernmental Agreement is to be enforced. 10. Enforcement Expenses. In any acts to enforce the terms and conditions of this Intergovernmental Agreement the prevailing party shall have its costs, expense, and attorney fees reimbursed by the other party. Dated this day of , 2011. CITY OF WALFORD, IOWA Mark Carter Mayor ATTEST: Janet Gann City Clerk Dated this 14th day of December, 2010. CITY OF FAIRFAX, IOWA Ja n Lube Mayor ATTEST: Cy Chia Stimson Ci Clerk/Treasurer STATE OF IOWA } ss: COUNTY OF LINN } I, the undersigned, a Notary Public in and for Linn County and the State of Iowa, do hereby certify that Marr Carter,personally known to me to be the Mayor of the City of Watford, 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 , 2011,in person and severally acknowledged that as Mayor of the City of Walford he signed and delivered the said instrument as Mayor of the City of Watford, and caused the corporate seal of the City of Watford to be affixed thereto, pursuant to authority given by the City Council for the City of Watford, Iowa, as his free and voluntary act, and as the free and voluntary act and deed of the City of Watford for the uses and purposes therein set forth. 3 Notary Public in and for the State of Iowa STATE OF IOWA ) ss:' COUNTY OF LINN } I, the undersigned, a Notary Public in and for Linn County and the State of Iowa, do hereby certify that Jason Rabe,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 V—�day of r , 2010, in person and severally acknowledged that as Mayor of the City of Fairfax he signed and delivered the said instrument as Mayor of the City of Fairfax, and caused the corporate seal of the City of Fairfax to be affixed thereto, pursuant to authority given by the City Council for the City of Fairfax, Iowa,as his free and voluntary act, and as the free and voluntary act and deed of the City of Fairfax for the uses and purposes therein set forth. AAAA�' CYNTHIA K STIMS N Notary Public in and for the State of Iowa amr�ission Number 123033 My Commission Expires April 13, 2013