J-2 - City of Tiffin Fire Assn Transition Agreement - Draft 6 4-23-21

11. Automatic and Mutual Aid Agreements. The Association shall provide the City with all automatic or mutual aid agreements in effect no later than March 31, 2021 for review. On or after July 1, 2021, the Fire Chief as the City designee shall negotiate all Association shall not enter into or otherwise modify any automatic or mutual aid agreements. As of July 1, 2021, the City shall be responsible for all new automatic or mutual agreements. The City shall have all powers related to existing automatic or mutual aid agreements, including the termination or modification of existing agreements. The City shall be a successor in interest to applicable automatic or mutual aid agreements, including agreements under Iowa Code Chapter 28E. It is agreed that either or both parties’ equipment and the City’s employees, whether full-time, part- time, or volunteer, may be used in areas outside the City or Townships, including under automatic or mutual aid agreements between the Association and/or City and other cities or organizations, to assist each other or the public in the event of an emergency or incident dangerous to the public. Nothing in this agreement shall be construed to prohibit or otherwise limit any emergency responder from requesting mutual aid, or providing automatic or mutual aid, in the event of an emergency or incident dangerous to the public. 12. Inventory of Property Prior to Transfer of Property to the City. The City intends to hire a full-time Fire Chief. If and when the City hires a full-time Fire Chief, The Fire Chief shall be responsible for completely inventorying the vehicles and associated emergency equipment, as well as any stored inventory, such as hose, firefighting equipment, and personal protective equipment, and providing a report in electronic form to both parties of equipment to be transferred. The Fire Chief may be assisted by the City Attorney and the Association. If a full-time Fire Chief is not hired by September 1, 2021, the City will cause an inventory of the vehicles, equipment, and property at the City’s expense. It is the intent of the parties to have the vehicles, equipment, and property inventoried no later than September 30, 2021. General property, including office equipment, supplies, or other items within the reasonable discretion of the parties may be transferred in bulk without a line-item inventory. 13. Dissolution and New Non-Profit, Tax Exempt Organization. a. In the final phase of the transition, the Association shall contract with Attorney David Bright of Pugh, Hagan, and Prahm, Iowa City, Iowa, (or the attorney of the Association’s choice) to take all steps to dissolve the Association and file all necessary documents with the Iowa Secretary of State. If Attorney Bright is unavailable, the Association may retain other counsel to assist it with the dissolution and related activities. b. The Association shall retain Attorney David Bright (or the attorney of the Association’s choice) to assist with creating a new, non-profit corporation under Iowa law which shall be solely for the benefit of the City of Tiffin, Iowa,members of the fFire dDepartment with the intent that this non-profit will permit the Department members to conduct fundraisers and seek grants, as well as other activities as permitted by Iowa and federal law. The Association will cause (Attorney Bright) to promptly take necessary action to apply for tax-exempt exempt status under federal law and Internal Revenue Service rules and regulations for the new, non-profit organization. c. The Association will be responsible for all legal fees, expenses and associated costs in regards to setting up the non-profit corporation. d. After all fees, expenses, and costs are complete, the Association will donate remaining funds to the City for the sole purpose of using said remaining funds for fire, rescue, and emergency medical services, which may include applying said funds to any debt or contractual obligations. 4