WS - D - City of Tiffin, Fire Association Transition Agreement - Clean

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. 13. Inventory of Property Prior to Transfer of Property to the City. 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 (it is anticipated the vehicles and apparatus will be entered into Emergency Reporting or comparable software). The Fire Chief may be assisted by the City Attorney and the Association. 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. 14. Dissolution and New Non-Profit, Tax Exempt Organization. a. The Association shall contract with Attorney David Bright of Pugh, Hagan, and Prahm, Iowa City, Iowa, (or the attorney of the Association’s choice if he is unavailable) to take all steps to dissolve the Association and file all necessary documents with the Iowa Secretary of State. The Association may retain other counsel to assist 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, Fire Department with the intent that this non-profit will permit the Department 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 status under federal law and Internal Revenue Service rules and regulations for the new, non-profit organization. This process shall start immediately. c. The Association will be responsible for all legal fees, expenses and associated costs regarding 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. e. Donated funds to the current fire department non-profit will stay with the newly created non- profit corporation. 15. Insurance. a. It’s agreed that the parties intend to ensure that there are no gaps in any insurance coverage during this transition. b. The Association shall purchase and maintain adequate insurance policies for all services and property, including apparatus, vehicles, equipment, in addition to defense of any personal injury 4