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HomeMy WebLinkAbout6.f. Approve the 2011 Fire Services Contract with the University of MinnesotaAGENDA ITEM: Approve the 2011 Fire Services Contract with the University of Minnesota AGENDA SECTION: Consent PREPARED BY: Jeff May, Finance Director AGENDA NO. LO f ATTACHMENT: Draft Contract APPROVED BY: ua1 RECOMMENDED ACTION: Motion to approve the 2011 Fire Services Contract with the University of Minnesota. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: February 15, 2011 EXECUTIVE SUMMARY ISSUE The Finance Department is asking that the Council approve a revised fire services contract between the City of Rosemount and the Regents of the University of Minnesota. BACKGROUND There has been a long standing contract in place between the City of Rosemount and the University of Minnesota for our Fire Department to provide fire suppression services to the U of M. Because it had been many years since the contract language had been updated, staff initiated a discussion with our City Attorney to begin review of the existing contract. In doing so, the Attorney advised that the entire contract be revised, as the language needed to be clarified and brought up -to -date. The revisions will not affect the way the annual service fee or per- response call billing is handled, but did update the per vehicle charges billed to reflect current costs for operation and maintenance. Our City Attorney has revised the contract and the Attorney for the Regents of the University of Minnesota is reviewing the final revised contract at this time. RECOMMENDATION Recommend the above motion and authorize the necessary signatures. This contract is made and entered into this 1 s day of January, 2011 "Anniversary Date between the City of Rosemount Dakota County, Minnesota, a public corporation "City"), and Regents of the University of Minnesota, a Minnesota constitutional educational corporation "University"). In consideration of the mutual promises and agreements hereinafter set forth the parties do hereby agree as follows: 1. Fire Service. University agrees to purchase from City, and City agrees to provide University, the following fire services: (Check all those that apply) Rescue The services indicated above are further explained, or limited, as follows: Services marked with will be provided, as available, through the Dakota County Special Operations Team. a. Allocation of Resources. The parties understand the fire department officer in charge of the particular scene shall exercise judgment to determine, in consideration of all the established policies, guidelines, procedures, and practices, how best to allocate the available resources of the fire department under the circumstances of a given situation. Failure to provide fire services because of poor weather conditions or other conditions beyond the control of City shall not be deemed a breach of this contract. b. No Guarantee. The parties understand and agree City will endeavor to provide the services indicated above to the best of its ability given the circumstances, but City makes no guarantees that the services it actually provides in a given situation will meet any particular criteria or standard. 2. Payment. The University will pay to City as compensation for all fire services furnished pursuant to this agreement: 375562v3 CLL RS215 -5 Structural Firefighting External Structural Firefighting Interior Structural Firefighting Grass/Forest Firefighting General Firefighting Vehicles Equipment Carbon Monoxide Calls Other Non Structural Firefighting Vehicle Equipment Extrication General Search Rescue Confined Space Rescue* High Level Rescue* Water Rescue Diving/Recovery FIRE CONTRACT 1 Emergency Medical Services Fire Scenes Rescue Scenes General Medicals Level of Emergency Medical Response First Responder Emergency Medical Technician Paramedic Fire Code Enforcement Hazardous Materials Response Level of Hazardous Materials Response First Responder, Awareness First Responder, Operations HAZMAT Technician* HAZMAT Specialist* Disaster Response DRAFT 12 -13 -10 a. An annual fee in the amount specified in Attachment One, payable on each January 2 during the term of this agreement, commencing January 2, 2011. The annual fee will be adjusted in each year commencing January 1, 2012 in accordance with the annual change in the Consumer Price Index, all urban consumers, Midwest urban area, as of the September 30 of the preceding year. b. In addition to the annual fee, University will pay City for actual fire service furnished, unless provided to a building or land the tenant of which is paying personal property taxes to Dakota County. Such additional compensation shall be in accordance with the hourly equipment charges specified in Attachment One. City may change the hourly charges no more often than once each calendar year by sending an amended Attachment One to University at least 60 days before the effective date of the change in rates as noted in the amended Attachment One. The first such change may not be effective before January 1, 2012. If University notifies City of cancellation in accordance with paragraph 14 before the specified effective date of the change in hourly charges, the changes shall not go into effect unless University withdraws the notice of termination, in which case the amended hourly rates will be in effect retroactive to the stated effective date of the amended rates. 3. Emergency Service Charge. University, in its sole discretion, may collect an emergency service charge on those receiving emergency services, including fire services, on University property. City shall have no right to, or interest in, any service fees collected by University. If University imposes an emergency service charge it shall provide City a list of the specific types of information it determines it needs collected in order to successfully impose and collect the charge. City shall make a good faith effort to collect the requested information for each service call to the Service Territory (as defined below) and promptly provide University with the information it collected. 4. Service Territory. City shall provide fire services as indicated in this contract to the area described or depicted on Attachment Two, which is attached hereto and made part of this contract. The identified area shall constitute the University's Service Territory for the purposes of this contract. 5. Term. This contract shall commence on the effective date indicated above and shall continue from year to year until terminated in accordance with paragraph 14. 6. Ownership. City owns the buildings and equipment associated with the Fire Department and the amounts paid by University do not give rise to any ownership interest in, or responsibility toward, those items. 7. City's Responsibilities. In addition to any other obligations described herein, City shall: a. Authorize and direct the City Fire Department to provide the fire services described herein to University's Service Territory; b. Disclose to University any proposed action City or the fire department intends to take that can reasonably be expected to affect the Insurance Services Office Fire Protection Grade in the Service Territory or City's ability to provide the fire services indicated above; and c. Promptly disclose to University any information City can reasonably anticipate will directly affect its ability to perform its obligations under this contract. d. In the event of termination, promptly return a prorated amount of the annual fee provided for under paragraph 2, based on the effective date of termination. 8. University's Responsibilities. In addition to any other obligations described herein, University shall: a. Promptly pay City the Payment Amount as indicated above for the year of service. b. Promptly disclose to City any information University can reasonably anticipate will directly affect its ability to perform its obligations under this contract. Such information will include a listing of 375562v3 CLL RS215 -5 2 all tenants that store or handle explosive or hazardous materials. Such listing shall contain information including owner, address of owner, phone number and name of contact person, description of explosive or hazardous materials stored at the site and the location of the site. University shall update such listing at least once every six months. University shall also keep City apprised of University's own fire fighting equipment, procedures and capabilities. It is understood and agreed University shall have no responsibility whatsoever toward the firefighters or other emergency personnel including any employment related issues such as training, supervision, performance reviews, discipline, compensation, benefits, insurance coverages, compliance with any employment related federal, state, and local laws and rules such as OSHA, ERISA, RLSA, FMLA, or any other employment related issues. It is further agreed University has no responsibility, beyond paying the agreed upon Payment Amount, for acquiring, operating, maintaining, housing, or replacing equipment as needed to provide the fire services described herein. 9. Insurance Requirements. City shall maintain general liability insurance for its services and shall include University as an additional insured for the term of this contract and any extensions thereof. City shall also maintain automobile, and property insurance coverages. City shall provide University proof of such insurance coverages and the additional insured endorsement naming the University annually by the anniversary date of this contract. 10. Indemnification. City shall not be liable to University for loss or damage of any kind whatsoever resulting from any failure or delay in furnishing firefighters or fire equipment, or from any failure to prevent control or extinguish any fire, whether loss or damage is caused by the negligence of the officers, agents or employees of City or its Fire Department, or otherwise. University agrees to indemnify and hold harmless City, its officers, agents, employees and Fire Department members from any and all liability, claims, damages or expenses, including but not limited to reasonable attorney's fees, resulting from any act error or omission of University in connection with this Agreement. 11. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 12. Modification. This writing contains the entire agreement between the parties and no alterations, variations, modifications, or waivers of the provisions of this agreement are valid unless reduced to writing, signed by both City and University, and attached hereto. 13. Subcontracting Assignment. City shall not subcontract or assign any portion of this contract to another without prior written permission from University. Services provided to University pursuant to a mutual aid agreement City has, or may enter into, with another entity does not constitute a subcontract or assignment requiring prior approval of University so long as City remains primarily responsible for providing fire services to University's Service Territory. 14. Termination. This contract may be terminated at any time during its term by mutual agreement of the parties. Either party may terminate this agreement by personally serving a 120 day written notice of termination on the other party. This agreement shall terminate 120 days from the date of personal service of the written termination notice unless the party serving the notice withdraws the notice in writing before it is effective. If University fails to pay for the service according to the schedule established herein, City may terminate this agreement 60 days from the date of personal service of written termination notice. Notice to City shall be served on the City Clerk and notice to University shall be served on the 15. Service Contract. This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating, a joint powers agreement, joint venture, or joint enterprise between the parties. 375562v3 CLL RS215 -5 3 16. Minnesota Law Governs. This contract shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the State of Minnesota. 17. Severability. The provisions of this contract shall be deemed severable. If any part of this contract is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this contract. IN WITNESS WHEREOF, the parties have executed this contract effective on the date indicated above. IN PRESENCE OF: FOR THE CITY OF ROSEMOUNT Notary Kathy Boudreau Property Manager Rosemount Research Center Superintendent Rosemount Agricultural Experiment Station 375562v3 CLL RS215 -5 4 Mayor City Clerk RECOMMENDED: REGENTS OF THE UNIVERSITY OF MINNESOTA Susan Carlson Weinberg Treasurer and Senior Vice President Real Estate Coordinator Finance APPROVED AS TO FORM AND EXECUTION: Office of General Counsel University of Minnesota City Attorney ATTACHMENT ONE Annual Fee and Equipment Charges I. Annual Fee: $6,067.37 for calendar year 2011 to be adjusted annually in accordance with paragraph 2 of the Fire Contract. II. Equipment Charges Effective January 1, 2011: Unit Rate or Charge Engine $300 per hour per unit Ladder $400 per hour per unit Utility $100 per hour per unit Rescue $150 per hour per unit Tender $250 per hour per unit Brush $100 per hour per unit Command Vehicle 50 per hour per unit For the purpose of calculating the hourly charges, the following method will be used: 60 minutes or less 1.0 hour 61 minutes to 90 minutes 1.5 hours 91 minutes to 120 minutes 2.0 hours Beyond the first hour, minimum additional charges will be accrued in half hour increments. Canceled Call -out Charge $100.00 375562v3 CLL RS215 -5 5 375562v3 CLL RS215 -5 ATTACHMENT TWO Service Territory 6 UMORE PARK Boundary VERMILLION HIGHLANDS Boundary Dakota County Color Aerial Photography Flown: September 2002 Prepared by the Center for Rural Design, University of Minnesota a 5 Miles 0 U MORE PARK AND VERMILLION HIGHLANDS University of Minnesota