HomeMy WebLinkAbout2012-02-06-Resolutions 12-25_Fire and EMS Services - 28E Agr - Walnut TownshipTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-25
APPROVING A 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 1,2012
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,Walnut Township,Dallas County,Iowa,does not provide firefighters or
emergency medical services personnel for the preservation of life and property of the citizens
within the township;AND,
WHEREAS,the City of Waukee,Iowa,agrees to provide fire protection and ambulance services
to the Walnut Township to the extent that the City's fire protection and/or ambulance services
are available and not otherwise engaged;AND,
WHEREAS,tbe City of Waukee,Iowa,and Walnut Township,Dallas County,Iowa,wish to
fonnalize an agreement to work collaboratively pursuant to the provisions of Iowa Code Chapter
28E,the agreement for which is attached to this resolution as Exhibit A and made a part hereof;
NOW THEREFORE BE IT RESOLVED by the Waukee City Council that the City of
Waukee hereby approves a 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 1,2012.
Passed by the City Council of the City of Waukee,Iowa,and approved the 6th day of February,
2012.
.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
EXHIBIT A
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,2012
WHEREAS,the Parties recognize that the City of Waukee,Iowa has trained career and volunteer
firefighters and Walnut Township,Dallas County,Iowa does not provide either of
these services;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 is depending 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 26th day ofJ anuary,2012 by and
between the City of Waukee,Dallas County,Iowa,hereinafter referred to as "City"and WaInut
Township,Dallas County,Iowa,hereinafter referred to as "Township."
L The recitations contained herein are part of the agreement.
2.No separate entity is created by virtue ofthis agreement.The parties previously
approved a 28e agreement dated the 1st day ofJuly,1997 which shall
be amended and substituted by this agreement effective July 1,2012.
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,the County will
be dispatched to respond.
4.By virtue ofthis 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
THROUGH 2(),30 THROUGH 32 inclusive;and PORTIONS OF Sections 16,
21,28 &29:inclusive in WalnutTownsllip,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.
1
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 in 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 $4,3 80 for the
fiscal year beginning July 1st,2012 and accruing annually until this agreement is
terminated as provided in this agreement.The annual payment shall be due in four
quarterly payments the first being due September 30,2012,and quarterly
thereafter December J1 st,March 31st,and June 30th,unless or untilthis agreement
shall have been modified or terminated as herein provided.
9.This agreement may be terminated by either party upon providing written notice
of its termination of this agreement on or before March 30th of'thefiscal year.The
termination of this agreement shall become effective on the Lastday of the fiscal
year in which notice is given.
10.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 andapproved as of the date the agreement is signed by both parties.
THE CITY OF WAUKEE,IOWA
By;..{j,jL_A i''''''l~':4~Jt~eard,ayor
Date:c/j-ltJlJ.!167JT.i
WALNUT TOWNSHIP,DALLAS
COUNTY,IOWA
1
DALLAS CENTER FIRE DISTRI
URBANDALE FIRE DISTRICT
CLIVE FIRE DISTRICT
WAUKEE FIRE DISTRICT
f ;j
I
WEST DES MOINES FIRE DIST 'I
WalnutTwp
Fire Districts 0112512012 Dallas County
Auditor's Office
II