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HomeMy WebLinkAbout2018-28982018 -2898 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, property maintenance 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, 2019 — December 31, 2019 $75,043.63 Said 2019 payment includes a service fee of $ 67,135.45 with a capital contribution for equipment in the amount $7,908.18. 1 SECTION III That this Agreement is for a term of one (1) year beginning January 1, 2019, and shall remain in effect until December 31, 2019. 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 (3 0) 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 2020 for the prospective contract term of 2020, 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 Five Hundred and no /100 Dollars ($500.00) per investigation. 2 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, 2019: $37,521.81 July 1, 2019: $37,521.82 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 3 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. Dated this "I-t h day of bR-U m bey .2018. 4 Approved as to form: US CITY OF COLUMBIA HEIGHTS A Municipal Corporation Donna Schmitt, Mayor and Walter Fehst, City Manager Approved as to form: CITY OF HILLTOP A Municipal Corporation By By Ellen Schreder, f David Cartwright, ayor City Attorney for Hilltop and P 1Z- 7 -fts' Ruth Nelsen, City Clerk 5