28e Agreement

RESTATED CHAPTER 28E FIRE PROTECTION AGREEMENT

SIOUX RAPIDS FIRE DEPARTMENT PROTECTION AGENCY

WHEREAS, in 1984 the City of Sioux Rapids and the Townships of Douglas in Clay County and Barnes and Lee in Buena Vista County and the Herdland Benefited Fire District in Clay County entered into an agreement pursuant to Chapter 28E of the Iowa Code to establish a separate legal public entity to provide firefighting and related services in their respective jurisdictional areas, which has functioned successfully since its creation; and,

WHEREAS, these public agencies now desire to revise and restate the agreement establishing the Sioux Rapids Fire Department Protection Agency;

NOW, THEREFORE, this Restated Chapter 28E Fire Protection Agreement is adopted and entered into as of the last date set forth on the signature page below among the City Council of the City of Sioux Rapids, Iowa; and the Boards of Trustees of Herdland Benefited Fire District, Clay County, Iowa; Douglas Township, Clay County, Iowa; Barnes Township, Buena Vista County, Iowa; and, Lee Township, Buena Vista County, Iowa.

ARTICLE I
Name and Duration

There is hereby created a separate, legal and administrative agency as a public body, corporate and politic, to be known as the “Sioux Rapids Fire Department Protection Agency” (hereinafter known as the “Agency”) to continue until December 31, 2015, and to be automatically renewed for two (2) year periods thereafter, unless sooner terminated as provided herein.

ARTICLE II
Participating Parties

The signatory public agencies who are the parties to this agreement are the City of Sioux Rapids, Iowa; Herdland Benefited Fire District, Clay County, Iowa; Douglas Township, Clay County, Iowa; Barnes Township, Buena Vista County, Iowa; and Lee Township, Buena Vista county, Iowa.

ARTICLE III
Location

The headquarters and registered office of this Agency shall be located at the Sioux Rapids Fire Department, 810 Birch Street, Sioux Rapids, Iowa 50585. The registered agent shall be the Secretary of the Agency at said address.

ARTICLE IV
Purposes

The purposes of the Agency established by this agreement are to provide the following:

1.    Fire fighting services for all within the service area, as defined in Article V. below.
2.    Fire fighting services on a mutual-aid basis with neighboring fire departments.
3.    Fire prevention services as practicable within the service area.
4.    Fire safety training as practicable within the service area.
5.    Training of personnel as necessary to provide all other agreed services.
6.    Aid and assistance for other emergencies or disasters relating to life or property, in
cooperation with other appropriate emergency services, organizations and personnel.

ARTICLE V
Service Area

The area represented by the public agencies involved in this Agreement and to be served by the Sioux Rapids Fire Department shall include: (1) all of the City of Sioux Rapids, Buena Vista County, Iowa; (2) Douglas Township, Clay County, Iowa; (3) all of Barnes Township, Buena Vista County, Iowa, except the portion of said Township contained within the corporate limits of the Towns of Linn Grove, Rembrandt, and Sioux Rapids, Iowa; (4) all of Lee Township, Buena Vista County, Iowa, except that portion contained within the corporate limits of the Town of Sioux Rapids, Iowa; and (5) in Herdland Benefited Fire District, Clay County, Iowa, all of Sections 18, 19, 28, 29, 30, 31, 32, 33 and 34, as well as portions of Section 17, 20, 21 and 27 as more particularly shown by the shaded portion of the plat book map of Herdland Township, Clay County, Iowa, attached hereto.

ARTICLE VI
Organization

Section 1.    The Agency shall be managed by a Board of Directors of six (6) members, one Director selected by each Township and two Directors selected by the City of Sioux Rapids. Directors shall serve three (3) year terms commencing on July 1st and ending on June 30th. Those Directors serving on the effective date of this restated agreement shall serve the balance of their terms.

Section 2.    The Fire Chief of the Agency shall serve as a non-voting member of the Board of Directors.

Section 3.    In each instance wherein the members of the Board of Directors must record a decision by the casting of votes, the Board as a whole shall be construed to contain 100 votes. Each Director appointed by the City of Sioux Rapids shall have 22 ½ votes; the Director appointed by Barnes Township shall have 18 votes; the Director appointed by Lee Township shall have 17 votes; the Director appointed by Douglas Township shall have 15 votes; and the Director appointed by Herdland Benefited Fire District shall have 5 votes.

Section 4.    At its first meeting following the commencement of the fiscal year, the Board of Directors shall elect a Chairman and a Vice-Chairman from among the members of the Board and shall appoint a Secretary/Treasurer, who need not be a member of the Board.

Section 5.    Vacancies on the Board of Directors of the Agency shall be filled for the unexpired term by the respective public agency represented by the vacating Director.

Section 6.    All meetings of the Agency are, by law, public meetings. The Agency shall hold its annual budget-setting meeting on the fourth Monday of January in each year. At this meeting the Secretary/Treasurer will provide, for all individuals present, a written copy of the record of expenditures of the Agency for the past fiscal year, projections of expenses for the current fiscal year, and the proposed budget for the next fiscal year.

Section 7.     The Board of Directors of the Agency shall hold a regular meeting in July of each year. The first order of business at this meeting shall be certification of newly appointed Directors. The next order of business shall be the annual election of officers of the Board. All officers shall assume their positions immediately upon election. Officers of the Board of Directors who are not reappointed shall, as their final responsibility, attend the July Board meeting following the end of their term for the purpose of transfer of records, documents and other items pertaining to the administration of the Agency to the newly elected officer.

Section 8.    The Board of Directors of the Agency shall adopt by-laws providing for the notice, date and agenda of the budget-setting meetings; providing for regular and special meetings of the Board; providing for special meetings of the Agency; establishing the banking depository of the Agency; establishing the job descriptions of the officers of the Board of Directors; and adopting the necessary rules and regulations for the proper operation of the business of the Sioux Rapids Fire Agency.

Section 9.    A quorum for conducting official business for the Board of Directors of the Agency shall be a minimum of four (4) Directors holding collectively at /east eighty (80) votes. The signatory parties to this agreement may appoint an alternate representative to the Board to serve in the absence of the regularly appointed Director, and if the regularly appointed Director is absent, the alternate’s presence may be counted toward establishing the quorum. The alternate may vote on behalf of the agency he represents if the regularly appointed Director is not present.

Section 10.    Minutes shall be kept of each regular and each special meeting of the Board of Directors. Records shall be kept of all disbursements. The records of the Agency shall be considered public records subject to the provisions of Chapter 22.2 of the Iowa Code.

Section 11.    The Board of Directors shall purchase, and shall maintain in force, all necessary property, casualty, liability, workers compensation and other insurance coverages required for the proper operation of the Agency.

ARTICLE VII
Powers

Section 1.    The Agency, in addition to powers granted to the member public agencies for fire protection under the provisions of the Iowa Code, shall have all of the powers, duties and other responsibilities authorized under Chapter 28E, 2007 Code of Iowa, including acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking, but excluding the issuing of revenue, general obligation, or any other kind of bonds.

Section 2.    The Board of Directors of the Agency shall have ordinary administrative powers for the receipt and disbursement of monies; for the appointment of a Fire Chief and all personnel matters; for obtaining insurance; and for the day-to-day operations of the Agency. Such actions may be taken, when a quorum is present, upon registering 51 or more affirmative votes supporting a particular proposed action.

Section 3.    The Board of Directors of the Agency shall have the authority to borrow funds and enter into loan agreements, including loan agreements with member public agencies; to otherwise incur indebtedness; to grant and create liens or mortgages on Agency property to secure such loans or indebtedness; to fix user fees and charges to be imposed for Agency services; to contract with public or private agencies; and to acquire and dispose of real and personal property. However, the extraordinary powers described in this Section 3 shall be authorized by a minimum of 80 votes in favor of a proposed action.

ARTICLE VIII
Finance and Budget

Section  1.     The expenses and costs of operating the Agency and providing the necessary fire protection and other services shall generally be borne and paid by the public agencies signatory to this agreement, being divided among them as fairly as possible.

Section 2.    The share of the operating budget of the Agency that shall be paid by each party to this agreement shall be as follows:

City of Sioux Rapids            45%
Barnes Township            18%
Douglas Township            15%
Lee Township                17%
Herdland Benefited Fire District      5%

Section 3.     The Agency shall be empowered to receive donations from participating agencies in addition to their regular obligations, from other organizations, or from private individuals. Gift funds may be used to provide desirable services or equipment not provided for through the regular revenues of the Agency; they be may applied to the Agency’s regular budget in such a way as to reduce the obligations of each of the parties to this agreement in one or more fiscal years; or they may be invested so as to provide reductions in obligations through generation of interest income.

Section 4.     Each of the public agencies which are parties this agreement shall contribute their share of the financial support by levying a fire tax as necessary (in the case of the Townships) or including an item in their agency budget (in the case of the City) as authorized by law for each of said public agencies.

Section 5.    The Agency shall operate upon a fiscal year beginning July 1.

Section 6.    Prior to the annual budget-setting meeting of the Agency, the Board of Directors shall prepare and tentatively adopt a budget for the next fiscal year, which shall be submitted, no later than October 15, to the public agencies participating in this agreement. Agencies holding 80 votes or more on the Board of Directors of the Agency must approve the budget before it is finally adopted. If modifications to the tentative budget appear to be necessary to any of the participating agencies, they shall provide ample notice so that revisions can be negotiated and modified budget proposals can be distributed and approved before the annual budget-setting meeting of the Agency. At the budget-setting meeting, the approval of the agencies participating in this agreement shall be noted, and, if no serious hindrance to implementation of the budget is made known at the meeting, the budget shall be declared adopted, to take effect upon the commencement of the new fiscal year.

ARTICLE IX
Agency Property

Section 1.     The Secretary/Treasurer will keep an inventory of all of the property of the Agency. The purchase value of new acquisitions shall be recorded by the Secretary/Treasurer, and all property will be depreciated according to a standard formula to be established by the Board of Directors. An annual inventory and report of net worth of the assets of the Agency shall be prepared and presented at the annual budget-setting meeting of the Agency. Total outstanding liabilities shall also be presented in this report.

Section 2.    The parties to this agreement shall have a vested interest in the property and assets of the Agency equal to their percentage of contribution to the budget as set forth in Article VIII, above.

ARTICLE X
Withdrawal and Termination

Section 1.     In the event that a party to this agreement desires to withdraw from the Agency, the withdrawing party shall give written notice of the desire to withdraw to the Board of Directors by November 1″ of the fiscal year. The withdrawal shall then be effective at the end of the fiscal year, the following June 30. The amount to which the withdrawing party is entitled shall be determined by computing the value of the assets of the Agency; deducting the liabilities; multiplying the product by 80%; and multiplying that amount by the percentage interest of the party in the Agency. That amount shall then be paid to the withdrawing party in five (5) annual installments without interest, the first such payment to be made on the date the withdrawal is effective. If liabilities exceed assets, the withdrawing party shall be required to contribute to the Agency their percentage interest in the amount by which liabilities exceed assets.

Section 2.     Complete termination of this agreement shall result when signatory parties to this agreement holding 80 votes or more on the Board of Directors give written notice of withdrawal. Upon dissolution and termination, a complete accounting and inventory shall be made; all debts and obligations shall be paid; and any remaining assets shall be distributed to the participating public agencies as their interests may appear. So far as possible, in the event of complete dissolution, equipment shall be returned to the contributing party. Other assets owned by the Agency may be sold and the proceeds distributed as may be agreed by the parties upon dissolution.

ARTICLE XI
Serving Other Areas

If the Agency desires to serve a township or part of a township or a city or part of a city not parties to this agreement, the Agency may do so, upon affirmative majority vote of the Board of Directors, upon such terms and conditions as are determined to be appropriate by the Board.

ARTICLE XII
Area Fire Department

Section 1.    The Agency will establish and administer a fire department to serve the areas covered by this agreement.

Section 2.     The Fire Chief shall be elected each year by the members of the Fire Department. The election shall be held at the regular December meeting of the Department personnel. All active members in good standing shall be eligible to vote and shall register their choice by secret ballot, the elected Chief shall assume his duties at the regular January meeting of the members of the Fire Department.

Section 3.     The Fire Chief shall be approved by the Board of Directors of the Agency before assuming office. Upon refusal of the Board of Directors to appoint the Chief recommended by the members of the Fire Department, the office shall be declared vacant and another election shall be held on the next regular meeting night of the Department. In this event, the previous Chief or his Assistance shall hold the Chief’s office until an appointment has been made.

Section 4.     The Fire Chief will be in charge and command of all Fire Department operations. No other members of the Board of Directors shall have any authority in fire ground operations, including but not limited to deployment of equipment, assignment of personnel, and choice of techniques. The Fire Chief may be removed from office by the Board of Directors at any time for good cause shown at a regular or special meeting of the Board called for that purpose.

Section 5.     The Fire Chief will prepare the rules and regulations for the management and operation of the Fire Department, including methods of selection and qualifications for fire fighters, and shall submit the same to the Board of Directors for approval. The Fire Chief will appoint and/or approve the Assistant Fire Chiefs and other necessary officers from among the fire fighters, which officers shall take command in the absence of the Fire Chief in accordance with established fire ground procedures for command.

Section 6.     The Fire Chief shall have complete responsibility for the management of the Fire Department, appointment and dismissal of personnel, training of personnel, and the fire fighting operations. Dismissals from the department shall be reported to the Board of Directors by the Fire Chief with a statement of the reasons for the dismissal.

ARTICLE XIII
Registration and Amendment

Section 1.     As required by Section 28E.8 of the 2007 Code of Iowa, before going into effect this agreement must be filed with the Secretary of State and recorded with the County Recorders of Buena Vista County and Clay County, both being counties in the State of Iowa.

Section 2.     Proposals for amendment of this agreement may be presented by any of the participating public agencies, but a member or members of the Fire Department, or by a member or members of the Board of Directors of the Agency. Proposals shall be presented to the Board of Directors of the Agency at the annual budget-setting meeting or at a special meeting of the Board designated for that purpose.

Section 3.     Upon receipt of a proposed amendment to this agreement, the Board of Directors shall notify the parties to this agreement and the fire department of the proposal, in writing. With this notification, they shall also set a date for a hearing on the matter. Written notice shall be given to the governing body of each member public agency.

Section 4.     Following the public hearing, the Board of Directors shall vote upon the amendment proposed. At least 😯 votes must be cast in favor of the proposal if it is to proceed further. The receiving of the required approval votes from the Board shall constitute preliminary approval of the amendment.

Section 5.     Following preliminary approval of the proposed amendment, ratification will be required from each participating public agency and from the membership of the Fire Department. Public agencies may register approval in their accustomed way; the Fire Department shall require a simple majority vote of the membership to constitute their ratification of the amendment. Upon receipt by the Board of Directors of certification that all parties have approved the proposed amendment, the amendment shall be declared adopted and shall take force immediately upon due registration of the amendment with the Secretary of State.

Section 6.     Any duly adopted amendment to this agreement shall be filed with the Secretary of State and recorded in the offices of the Clay County Recorder and the Buena Vista County Recorder in the respective county seat towns of these Iowa counties.

Section 7.    A copy of this agreement and any amendments thereto shall be filed with the State Fire Marshall as required by law.