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HomeMy WebLinkAbout2023-4125CONTRACT #2023-4125 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 firefighting and emergency medical service; WHEREAS, Hilltop has no adequate firefighting equipment of its own and desires to obtain the use of Columbia Heights equipment as well as 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, in consideration of the covenants herein contained the parties hereto mutually agree as follows: SECTION I That Columbia Heights shall furnish to Hilltop fire fighting services and emergency medical services to the same extent as it is afforded to properties and persons in the City of Columbia Heights by the fire department of Columbia Heights, including fire suppression, Minnesota State Fire Code inspections, emergency medical services, and fire education programs in schools, and public education, including all administration 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 amount covering the period corresponding thereto as described below, to -wit: January 1, 2023 — December 31, 2023 $87,790.42 An annual capital contribution for equipment in the amount of $8,922.02 is included in the annual cost. The increase in the capital contribution from $7,908.18 in years 2020 through 2022 is directly reflective of necessary significant purchases made the Columbia Heights Fire Department and due to citywide compensation increases. 1 SECTION III That this Agreement is for a term of one (1) year beginning January 1, 2023 and shall remain in effect until December 31, 2023. Either parry 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 the normal business hours thirty (30) calendar days after July 31 and December 31, respectively. Payments made thirty (30) calendar 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 budget, and taking into account actual equipment purchases minus any state and federal grants, aid, or contributions. Population figures for Hilltop and Columbia Heights shall be based on the most recent population 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 an EMS District is 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 of the City of Hilltop associated with the Anoka County Fire Protection Council Join Powers Agreement and the Anoka County Public Safety Data System are not included in the terms of 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 2 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 present and available, or the next in command or the chief s agent, expenses incurred from emergency abatement for the health and safety of residents or to secure property shall be rendered to Columbia Heights by the City of Hilltop at the actual costs of the emergency abatement. SECTION VI That payments of fees under the term of this contract shall be due and payable by Hilltop to Columbia Heights as follows: January 1, 2023: $43,895.21 July 1, 2023: $43,895.21 Payment 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 a fire, together with its firefighters, shall be under the complete charge of the Fire Chief of Columbia Heights, if present and available, or the next in command or the chief s 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, if present and available, or the next in command or the chief s agent. As a member of a mutual aid firefighting pact, Columbia Heights may commit equipment or pact partner communities as needed to fight a fire or fires in Hilltop, should Columbia Heights equipment and personnel be deemed unavailable by the Fire Chief, if present and available, or the next in command or the chief s agent. In the event that the Fire Chief, the next in command, or the chief s agent determines Columbia Heights equipment or personnel to be insufficient to fight a fire or fires in the City of 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 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 Hilltop shall indemnify 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 IX 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. SECTION XI 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. C! IN WITNESS WHEREOF, the parties have duly executed this Agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. Dated this Approved as to form: Approved as to form: -/ day of , 24�3 �U B �I L nn y � ul Peggy ar in WAttorney CITY OF COLUMBIA HEIGHTS A Municipal Corporation kA� By AAmAda Marquez girdula,mayor For Columbia Heights and Ike li J. ge is, City Manager CITY OF HILLTOP A Municipal Corporation By (j erry ggin, MaOU For Hid top Ruth Nelsen, City Clerk