HomeMy WebLinkAboutContract No. 2015-2685JOINT CONTRACT
i
AND THE CITY OF i
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
described below, to -wit:
January 1, 2016 — December 31, 2016 $66,699.27
January 1, 2017 — December 31, 2017 $68,469.80
January 1, 2018 — December 31, 2018 $70,293.45
Said 2016 payment includes a service fee of $ 59,017.68. Said 2017 payment includes the 2016
service fee plus a 3% increase. Said 2018 payment includes the 2017 service fee plus a 3%
increase. An annual capital contribution for equipment in the amount $7,681.59 is included each
year.
That this Agreement is for a term of three (3) years beginning January 1, 2016, and shall
remain in effect until December 31, 2018. 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 July 31 and December 31,
respectively. Payments made thirty (30) days after July 31 and after December 31, 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 the City of
Columbia Heights such that performance by Columbia Heights becomes impossible, then this
Agreement can be terminated by Columbia Heights upon five (5) months' written notice to Hilltop.
SECTION IV
Payment adjustments for following contract terms shall be based on per capita calculations
based on the respective populations of Columbia Heights and Hilltop, including changes in
populations, the Columbia Heights Fire Department budgets for 2019 for the prospective contract
term of 2019 through 2021, 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 populations figures compiled by the Metropolitan Council.
On the effective date of this Agreement, the parties hereto have had discussions about
forming an Emergency Medical Services Taxing District (EMS District) covering the corporate
boundaries of Columbia Heights and Hilltop. If created during the term of this Agreement, any tax
revenue generated from Hilltop will be used to reduce Hilltop's contract costs as set forth in Section
II hereof.
Costs assessed to the City of Hilltop associated with the Anoka County Fire Protection
Council Joint Powers Agreement and the Anoka County Public Safety Data System are not included
in the terms this contract.
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 Fire 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), and 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.
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, 2016:
$33,349.63
July 1, 2016:
$33,349.64
January 1, 2017:
$34,234.90
Julyl, 2017:
$34,234.90
January 1, 2018:
$35,146.72
July 1, 2018:
$35,146.73
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 and Seventy and no /100
Dollars ($270.00) to Columbia Heights to be used by Columbia Heights for payments 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.
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 thirty (30)
days' written notice to Hilltop.
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. 1'1�
Dated this day of V-�(-Cmbel- ,
Approved as to form:
Approved as to form:
CITY OF COLUMBI,),J1EIGHTS
A Municipal 6rvorAon
----'Gary Pe&rson, Mayor
and
Walter Fehst, City Manager
CITY OF HILLTOP
A Municipal Corporation
B By
4' 4AJ:e!!rZryMu
Car . e qu st, Jerry Murp ayor
City Attorney t illtop
and k"t-t— A-'e i""1--
Ruth Nelsen, City Clerk