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Home My WebLink About2025-04-07 I01E_01 28E Agr Amendment_Walnut Township Fire ServiceAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 7, 2025 AGENDA ITEM:Consideration of approval of a revised 28E with Walnut Township for Fire and EMS Services. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Waukee fire department provides fire and EMS services to portions of unincorporated Walnut Township. This revised 28E updates the cost to provide services from an annual set amount to a valuation- based fee. The Township previously paid the city directly. The Township has requested that the Dallas County Treasurer pay the city directly. These changes mirror the language in the Boone and Van Meter Township agreements. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS The new fee shall be $0.45 per $1,000 of taxable valuation beginning July 1 2025. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution & Agreement PREPARED BY: Clint Robinson REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E1 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING AMENDED AND SUBSTITUTED 28E AGREEMENT FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE CITY OF WAUKEE, IOWA, AND WALNUT TOWNSHIP, DALLAS COUNTY, IOWA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, on July 1, 2012, the City of Waukee and Walnut Township entered into a 28E Agreement for firefighting and emergency medical services (Resolution #12-25); AND, WHEREAS, on December 2, 2019, an amended and substituted 28E Agreement was approved to include an area that was annexed into the City, as well as to update nomenclature for current staffing at the Waukee Fire Department (Resolution #19-439); AND, WHEREAS, an amendment to the 28E agreement is proposed to update the cost to provide services from an annual set amount to a valuation-based fee. NOW THEREFORE BE IT RESOLVED by the Waukee City Council in session this 7th day of April, 2025, that it hereby approves an amended and substituted 28E Agreement for Fire Fighting and Emergency Medical Services by and between the City of Waukee, Iowa, and Walnut Township, Dallas County, Iowa, and the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 28E AGREEMENT FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES BY AND BETWEEN THE CITY OF WAUKEE, IOWA AND WALNUT TOWNSHIP, DALLAS COUNTY, IOWA BEGINNING FISCAL YEAR July 1st, 2025 WHEREAS, the Parties recognize that the City of Waukee, Iowa has trained firefighters and EMT’s/Paramedics and Walnut Township; AND, WHEREAS, the preservation of life and property of the citizens in Walnut Township, Dallas County, Iowa, may depend upon the availability of properly trained personnel and adequate equipment; AND, WHEREAS, training of personnel, purchasing of supplies and the purchase and maintenance of adequate equipment for fighting fire and providing of emergency medical services is costly for the City of Waukee, Iowa; AND, WHEREAS, the City of Waukee depends upon the commitment of Walnut Township, as contained in this agreement, and other townships as contained in other agreements to help fund these departments; AND, NOW, THEREFORE, this agreement is made and entered into this 7th day of April, 2025 by and between the City of Waukee, Dallas County, Iowa, hereinafter referred to as "City" and Walnut Township, Dallas County, Iowa, hereinafter referred to as "Township." 1.The recitations contained herein are part of the agreement. 2.No separate entity is created by virtue of this agreement. The parties previously approved a 28e agreement dated the ___1st______ day of July, 1997 which shall be amended and substituted by this agreement effective July 1, 2025. 3.The City of Waukee agrees to provide fire protection and ambulance services to the township in the area defined in paragraph 4 hereof, to the extent that City's Fire protection and/or ambulance services are available and not otherwise engaged with another call. If the City is engaged in another call, appropriate resources will be dispatched. 4.By virtue of this agreement, the jurisdiction of the City for fire protection and ambulance services includes all of the unincorporated territory in the following numbered sections or portions of the following sections: All of Sections 17-19 inclusive; and portions of section 16 and 20 in Walnut Township, Dallas County, Iowa. 5.The fire protection and ambulance services provided under the terms of this agreement shall be comparable to those services provided to the City of Waukee, Iowa using the same vehicles and equipment owned by the City when City's fire protection or ambulance services are available and not otherwise engaged with another call. 6.The Township shall not be considered to be the owner of any of the fire or emergency medical vehicles or equipment. 2 7.Nothing in this agreement shall prevent the Township from recovering costs of services rendered or damages from a third party who is responsible for causing such costs or damages. The City shall have a right of subrogation as to any expenses it incurs on behalf of the Township under the provisions of the Agreement; and may, at its option, proceed directly against any person or entity responsible for causing costs or damages incurred by the City in connection with any response made pursuant to this agreement. 8.The Township shall pay to the City for such services, the sum of $0.45 per $1,000 of taxable valuation for the unincorporated areas identified in paragraph 4 for the fiscal year beginning July 1, 2025, and accruing annually until this agreement is terminated as provided in this agreement. 9.The township shall request that its taxes be paid directly to the City of Waukee in satisfaction of its payment obligations pursuant to paragraph 8, by noting said request on its budget each year and attaching to its budget each year a copy of this agreement, in accordance with §359.49(8) Iowa Code (2010). In the event that payments made to the City by the County Treasurer pursuant to said request are insufficient or do not satisfy the townships payment obligations, township shall remit the balance due to the city in accordance with paragraph 8. 10.This agreement may be terminated by either party upon providing written notice of its termination of this agreement on or before March 30th of the fiscal year. The termination of this agreement shall become effective on the last day of the fiscal year in which notice is given. 11.Nothing herein contained shall be construed to create any liability for the City of Waukee. By virtue of this Agreement, the City of Waukee does not waive any defenses, or immunities, it may have pursuant to statutory or common law in any way associated with this agreement or the acts of the City or its volunteer personnel, agents, employees or elected or appointed officials in any way associated with any response or lack of response made in the township under this agreement. This agreement shall be effective and approved as of the date the agreement is signed by both parties. THE CITY OF WAUKEE, IOWA WALNUT TOWNSHIP, DALLAS COUNTY, IOWA By: ________________________________By: ________________________________ Courtney Clarke, Mayor ___________________, Township Clerk Date: _____________________________Date: ____________________________ ATTEST: By: ________________________________By: ________________________________ Brad Deets, City Administrator ___________________, Trustee Chairman 3 Date: _____________________________Date: ____________________________