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HomeMy WebLinkAboutContract No. 2013 2482 JOINT AGREEMENT AND CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE CITY OF HILLTOP FOR FIRE FIGHTING AND EMERGENCY MEDICAL SERVICES This Agreement, made and entered into by and between the City of Columbia Heights, hereinafter referred to as "Columbia Heights", and the City of Hilltop, hereinafter referred to as "Hilltop"; WITNESSETH; WHEREAS, Columbia Heights presently has a Fire Department suitably equipped for fire fighting and emergency medical service; and WHEREAS, Hilltop has no adequate fire fighting equipment of its own, and desires to obtain the use of Columbia Heights equipment, and the services of its firefighters, instructors, inspectors and emergency medical responders for the properties and persons within the territorial limits of Hilltop, Anoka County, Minnesota. THEREFORE, it is mutually agreed: SECTION I That Columbia Heights shall furnish to Hilltop fire fighting services and emergency medical services to the same extent as is afforded to residents and properties in the City of Columbia Heights by the Fire Department of Columbia Heights, including fire suppression, Minnesota State Fire Code inspections, fire education programs in schools, public education, and emergency medical services, including all administrative and capital costs associated with said services. SECTION II That as and for compensation, Hilltop shall pay to Columbia Heights for fire fighting and emergency medical services the following amounts covering the periods corresponding thereto as follows: January 1, 2013 —December 31, 2013 $64,954.22 January 1, 2014—December 31, 2014 $66,107.92 January 1, 2015—December 31, 2015 $66,107.92 Said annual payments include a capital contribution for equipment in the amount of $7,269.34 which is included each year's payment above. SECTION III That this Agreement is for a term of three (3) years beginning January 1, 2013, and shall remain in effect until December 31, 2015. Either party may terminate this Agreement for substantial and material breach of the terms of this Agreement upon five (5) months' prior written notification to the other party. That Columbia Heights may terminate this Agreement upon forty-five (45) days' written notice when any semi-annual fee required to be paid by Hilltop has not been received by Columbia Heights during normal business hours thirty (30) calendar days after January 1 and July 1, respectively. Payments made thirty(30) days after January 1 and after July 1, respectively, but prior to the forty-five (45) days' notice of cancellation, shall void the cancellation. Further, should substantial and material changes in conditions occur which are beyond the control of either the City of Columbia Heights or the City of Hilltop such that performance by Columbia Heights or Hilltop becomes impossible, then this Agreement can be terminated by Columbia Heights upon five (5) months' written notice by either city. SECTION IV Payment adjustments for following contract terms shall be based on per capital calculations based on the respective populations of Columbia Heights and Hilltop, including changes in populations, the Columbia Heights Fire Department budgets for 2016 for the prospective contract terms of 2016 through 2018, and taking into account actual equipment purchases minus any state and federal grants, aids or contributions. Population figures for Hilltop and Columbia Heights shall be based on the then most recent population figures compiled by the Metropolitan Council. SECTION V That where deemed necessary by statute or by law enforcement agencies, arson investigation services shall be rendered by Columbia Heights to Hilltop. Said services shall be rendered at a rate of Forty-Five and no/100 Dollars ($45.00) per hour, plus expenses incurred by Columbia Heights for gathering and processing evidence. Columbia Heights shall notify Hilltop in advance should estimated arson investigation services and expenses exceed Five Hundred and no/100 Dollars ($500.00)per investigation. That where deemed necessary by the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent), the emergency abatement for the health and safety of residents or to secure property, said expenses shall be rendered at the actual costs of the emergency abatement. -2- SECTION VI That payments of the fees under the terms of this contract shall be due and payable by Hilltop to Columbia Heights as follows: January 1, 2013: $32,477.11 July 1, 2013: $32,477.11 January 1, 2014: $33,053.96 July 1, 2014: $33,053.96 January 1, 2015: $33,053.96 July 1, 2015: $33,053.96 Arson investigation and emergency abatement fees shall be due and payable by Hilltop to Columbia Heights within thirty (30) days of receipt of invoicing by Columbia Heights for said investigation or emergency abatement. Payments made after the due date shall bear interest at the rate of 8% on the delinquent balance until paid. SECTION VII That the operation of the equipment and the direction of its use at the scene of the fire, together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia Heights (if the chief is present, otherwise the next in command or agent). The question of fact in each instance as to whether or not the fire equipment and personnel of Columbia Heights are ready and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in command or agent. As a member of a mutual aid fire fighting pact, Columbia Heights may commit equipment of pact partner communities, as needed to fight fires in Hilltop, should Columbia Heights equipment be deemed unavailable by the Fire Chief, next in command or agent. In the event that the Fire Chief or next in command determines that Columbia Heights equipment to be insufficient to fight a fire or fires in Hilltop, necessitating the need to commit equipment of a pact partner community, Hilltop agrees to pay an additional sum of Two Hundred Seventy and no/100 Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payment to the pact partner community for the purpose of defraying the expense of that pact partner community incurred through responding to a Hilltop fire. SECTION VIII That this Agreement contains the entire agreement of Columbia Heights and Hilltop and no representations, inducements, promises of any other agreements, oral or otherwise, not embodied herein, shall be of any force or effect. -3- SECTION IX That Hilltop shall indemnify the City of Columbia Heights and hold it harmless from all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities arising out of firefighting, emergency medical, and inspection services furnished by Columbia Heights to Hilltop. However, such indemnification liability of Hilltop to Columbia Heights shall specifically exclude workers' compensation claims, motor vehicle no-fault claims (PIP), health and medical care costs for Columbia Heights employees. Hilltop has obtained insurance coverage from LMCIT to cover this contractual liability. Hilltop's liability to Columbia Heights shall be limited to the coverage afforded by this insurance policy, except that the $10,000.00 deductible provision of the policy shall not apply to Hilltop's responsibility to indemnify Columbia Heights. Hilltop shall name Columbia Heights as a certificate holder on said insurance policy, and the policy shall bear a provision that requires that insurer give Columbia Heights not less than thirty (30) days' written notice of termination, cancellation, or any change in coverage under the policy. The cancellation provision may not bear a disclaimer limiting the obligation of the insurer to only "endeavor" to give notice and may not contain a disclaimer that the insurer shall bear no responsibility by failing to provide such notice. Columbia Heights shall have the right to examine and inspect any policies of insurance issued to cover Hilltop's contractual liability established by this Agreement, including the first policy to be issued hereunder. Columbia Heights shall further have the right to demand reasonable assurances from Hilltop's insurers that Hilltop's insurers will not attempt to invalidate the indemnity provisions of the contract. Hilltop agrees to use its best efforts to maintain the same or similar liability insurance during the term of this Agreement. This Agreement to indemnify and hold harmless does not constitute a waiver by either Columbia Heights or Hilltop of limitations on liability provided by Minnesota Statutes, Chapter 466. SECTION X Notwithstanding any provision herein to the contrary, in the event that Hilltop fails to maintain and furnish to Columbia Heights required policies of insurance as satisfactory to Columbia Heights or if Hilltop's insurer fails to provide the assurances required, Columbia Heights may at any time during the term of this Agreement terminate this Agreement effective upon sixty (60) days' written notice to Hilltop. -4- IN WITNESS WHEREOF, Columbia Heights and Hilltop have caused this Contract to be duly ratified by their respective Councils and executed pursuant thereto as of the day and year first above written. Dated this day of 04 u6j ' 2013. Approved as to fi CITY OF COLU� B /AkH E HTS A Municipal orp 'Jon Approved as E Municipal By J' oeft, oinp� Gary Peterson, Mayor t rn for C I Columbia eights and Walter Feh�st, C*Ma"nilder Approved as to form: CITY OF HILLTOP A Municipal Corporation By By Carl J. ew uist, Je urp , Mayor City Attorney for Hi1Q and ktttt -- X&4u `-- Ruth Nelsen, City Clerk -5-