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HomeMy WebLinkAbout6.e. Approve the 2011 Fire Services Contract with the City of CoatesAGENDA ITEM: Approve the 2011 Fire Services Contract with the City of Coates AGENDA SECTION: Consent PREPARED BY: Jeff May, Finance Director AGENDA NO. ATTACHMENT: Contract APPROVED BY: ow RECOMMENDED ACTION: Motion to approve the 2011 Fire Services Contract with the City of Coates. 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 City of Coates. BACKGROUND There has been a long- standing contract in place between the City of Rosemount and the City of Coates for our Fire Department to provide fire suppression services to the City of Coates. Because the former system of billing the City of Coates on a per -call basis involves three departments and was becoming cumbersome based on the number of response calls per year, 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 it had been many years since this had been done and the language needed to be clarified and brought up -to -date. Through evaluation of alternate billing methods, it was agreed that an increased annual service fee with no per -call billing was the most efficient and cost effective for our staff. Our City Attorney has revised the contract and the Attorney for the City of Coates has approved the proposed contract at this time. RECOMMENDATION Recommend the above motion and authorize the necessary signatures. Structural Firefighting External Structural Firefighting Interior Structural Firefighting Grass/Forest Firefighting General Firefighting Vehicles Equipment Carbon Monoxide Calls Other Non Structural Firefighting Rescue Vehicle Equipment Extrication General Search Rescue Confined Space Rescue* High Level Rescue* Water Rescue Diving/Recovery 375246 CLL RS215 -5 FIRE CONTRACT This contract is made and entered into as of the first day of January, 2011 "Anniversary Date between the City of Rosemount, Dakota County, Minnesota, a public corporation "City"), and the City of Coates, Dakota County, Minnesota, a public corporation "Coates In consideration of the mutual promises and agreements hereinafter set forth the parties do hereby agree as follows: 1. Fire Service. Coates agrees to purchase from City, and City agrees to provide Coates, the following fire services: (Check all those that apply) 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 The services indicated above are further explained, or limited, as follows: Services marked by 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. Coates agrees to pay City annually during the term of this contract the Amount of Ten Thousand Dollars ($10,000) per year, payable on the first business day of the year for calendar year 2011. The payment due for each subsequent year will be established by adding to the previous year an amount equal to the previous year's payment times the respective changes to the Consumer Price Index, all urban consumers, Midwest urban area, between September 30, and the previous year. 3. Emergency Service Charge. Coates, in its sole discretion, may exercise its authority to impose and collect an emergency service charge on those receiving emergency services, including fire services, within Coates. City shall have no right to, or interest in, any service fees collected by Coates. 4. Service Territory. City shall provide fire services as indicated in this contract to the area within the city limits of Coates. 5. Term. This contract shall commence on the effective date indicated above and shall continue thereafter until terminated as provided herein. 6. Ownership. City owns the buildings and equipment associated with the Fire Department and the amounts paid by Coates 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 Coates' Service Territory; b. Upon Coates' request, provide Coates access to fmancial and cost data related to the fire department for the year prior to the current service year; c. Disclose to Coates 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; d. Promptly disclose to Coates any information City can reasonably anticipate will directly affect its ability to perform its obligations under this contract; and e. Upon execution of this agreement, provide to the Coates City Clerk a current fire equipment cost table and will email an amended cost table to the Coates City Clerk each time the cost table is amended thereafter. Following each fire service event, the City Fire Chief will email to the Coates City Clerk a CAD Report on the event. 8. Coates' Responsibilities. In addition to any other obligations described herein, Coates shall: 375246 CLL RS215 -5 a. Promptly pay City the Payment Amount as indicated above for the year of service; and b. Promptly disclose to City any information Coates can reasonably anticipate will directly affect its ability to perform its obligations under this contract. Such information shall include a listing of all locations in Coates actually known to the Coates City Council 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 location of site. Coates agrees to update said listing at least once every six months. It is understood and agreed Coates 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 Coates has no responsibility, beyond paying 2 375246 CLL RS215 -5 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 Coates as an additional insured for the term of this contract and any extensions thereof. City shall also maintain inland marine, automobile, and property insurance coverages. In addition, City shall maintain workers compensation insurance for its firefighters. City shall provide Coates proof of such insurance coverages and the additional insured endorsement naming Coates annually by the anniversary date of this contract. 10. Indemnification. City agrees to defend and indemnify Coates against any claims brought or actions filed against Coates or any officer, employee, or volunteer of Coates for injury to, death of, or damage to the property of any third person or persons, arising from City's performance under this contract for services. Under no circumstances, however, shall City be required to pay on behalf of itself and Coates, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The limits of liability for Coates and City may not be added together to determine the maximum amount of liability for City. The intent of this subdivision is to impose on City a limited duty to defend and indemnify Coates for claims arising out of the performance of this contract subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts between the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 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 Coates, and attached hereto. 13. Subcontracting Assignment. City shall not subcontract or assign any portion of this contract to another without prior written permission from Coates. Services provided to Coates 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 Coates so long as City remains primarily responsible for providing fire services to Coates' Service Territory. 14. Termination. This contract may be terminated at anytime 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 Coates fails to pay for the service according to the schedule established herein, City may terminate this agreement 30 days from the date of personal service of written termination notice. Notice to City shall be served on the City Administrator or City Clerk and notice to Coates shall be served on the Mayor or Clerk/Treasurer. In the event of termination at any time other than at the end of a calendar year, City shall promptly refund to Coates a pro rated amount of the annual fee, based on the effective date of termination. 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. 3 16. Minnesota Law Governs. This contract shall be governed by and construed in accordance with the internal 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. City of Rosemount City of Coates By its Mayor: By its Mayor: Signature Signature Print Name Print Name Date Date Clerk Clerk/Treasurer 375246 CLL RS215 -5 4