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HomeMy WebLinkAbout77-065 STATE OF MINNESOTA COUNTY 0 F RAMS EY CITY OF ARDEN HILLS . RESOLUTION NO. 77-65 WHEREAS, the City of Arden HI I Is has been notified of its Metropolitan Planning Grants Program entitlement of $4,085.00, and WHEREAS, the City Is required to submit a Work Program for updating the Comprehensive Plan with the Planning Grant Application, and WHEREAS, the City Council and Planning Commission have not completed their Comprehensive Plan evaluation and Work Program preparation, and WHEREAS, the September 29th, 1977, letter from Chairman John Boland indicates that time extensions from the October 28,1977, application deadline may be permitted, NOW, THEREFORE, be it resolved that the City of Arden Hi I Is respectfully requests a sixty (60) day extension to the date of December 27, 1977, to prepare and submit the required Grant Appl icatlon. Passed by the Arden Hi lis City Counci I on the 11th day of October, 1977. ATTEST: ~~- Clerk Administrator . .. . FIRE PROTECTION AGREEMENT . In consideration of the respective undertakings herein contained, the parties enter into this Agreement this 3rd day of O~tnhpr 19-ZL. SECTION 1 Parties The first parties to this Agreement are the City of Shoreview, the City of Arden Hills, and the City of North Oaks, each a municipal corporation of the State of Minnesota operating as a statutory city under Minnesota Statutes Chapter 412 (hereinafter collectively referred to as "City"). The second party to this Agreement is the Lake Johanna Volunteer Fire Department, Inc., a nonprofit corporation, organized and operating under the provisions of Minnesota Statutes Chapter 317 (hereinafter referred to as "Department"). SECT! ON 2 Jurisdiction The geographic area to be serviced by Department shall be the municipal boundaries of the City of Shoreview, the City of Arden Hills exclusive of that portion thereof comprising the Twin Cities Army Ammunition Plant, and the City of North Oaks (which geographic area shall hereinafter be referred to as the "fi re servi ce area".) SECT! ON 3 Authori tv City enters into this agreement under authority of Minnesota Statutes Chapter 412. City has adopted resolutions, copies of which are attached as Exhibit 1, approving this Agreement and authorizing its execution. Department enters into this Agreement under authority of ' its consti- tution, articles and by-laws. Department, at a meeting of its membership, has adopted a resolution, a copy of which is attached as Exhibit 2, approving this Agreement and authorizing its execution. SECTION 4 ~ecita 1 s City recites and warrants that: l. It has . 2. It has and in 3, It has public area. authority to enter into this Agreement. determined the mutual undertakings to be desirable the public interest. determined this Agreement necessary to provide for the health, safety and general welfare of the fire ,service , Department recites and warrants that: 1. 2. It has authority to enter into this Agreement. It has necessary personnel. facilities. equipment and training to provide an adequate and reasonable degree of fire protection within the fire service area. . SECTI ON 5 Term The term of this Agreement shall be for a period of five (5) years commencing on July 1. 1977 and terminating June 30. 1982. unless terminated by mutual consent of the parties or pursuant to other provisions of this Agreement. Negotiations for a continuance of this contract. or a succeeding contract shall commence no later than the beginning of the fifth (5th) year in the term of this contract. SECTION 6 Fire Service Department agrees to furnish fire protection to all property within the fire service area subject to the following conditions: A. Reasonable Efforts. Department agrees that reasonable efforts will be made to attend all fires within the fire service area whenever it is notified of such flres, and that such service shall be promptly rendered. provided equipment and personnel are not being used for fire service protection elsewhere at the time a fire call is received. In such event. equipment and personnel will respond as soon as possible within the judgment of the Department's fire chief or other officer in charge. which shall be final. 8. Apparatus. Department shall be maintained as a fully equipped volunteer fire department, having the necessary personnel, equipment and firefighting apparatus to meet the fire service requirements of this contract. C. Dispatching. Department shall send such equipment, apparatus and personnel as shall in the judgment of its fire chief or other officer in charge be required to meet the protection needs of the situation. consistent with its other commitments. . SECTION 7 Organization Oepartment shall at all times remain a nonprofit corporation under Minnesota Statutes Chapter 317. It shall be operated exclusively to combat fires. prevent fires and perform related rescue work. and will provide relief and retirement benefits to its members, either through the by-laws of its corporation or through the by~laws of a separate corporation organized for such purpose under Minnesota law. Department shall at all times be in compliance with such equipment. personnel and training standards as may be required by the laws of the State of Minnesota. -?- , . On or before February 1 of each year, Department shall submit to City a roster of Department's officers, identifying officer'S rank, residence and home phone number. '. SECTION 8 Personnel Department shall be responsible for the recruitment, selection, training, retention, performance, discipline and discharge of its members. It shall establish such rules and regulations as it deems necessary for the proper administration of the Department and the performance of this Agreement. SECTION 9 Equipment Department shall specify, purchase, store and maintain in good order and repair such equipment as it deems necessary to perform its obligations under this agreement. All equipment shall be owned by and under the exclusive control of Department. SECTION 10 Training A. Department shall ensure the proper training of its members to render qualified and capable service under this agreement. Department will hold such meetings', conduct such drills, and maintain such records as are necessary to qualify for state aid as prescribed by the State Fire Marshal. As part of its annual report, Department shall provide City with a program for training and drill sessions, including the number of drill sessions to be conducted. and the subject matter of the training to be undertaken, B. City may require Department to obtain training in addition to the training which is provided for in Section 10(A). If City requests the additional training it shall compensate Department for the cost of such training. SECTION 11 Fire Station Department shall maintain suitable and acceptable station facilities at 3246 New Brighton Road and 4676 Hodgson Road within the fire service area. All apparatus and equipment shall be housed in such facilities for proper care and maintenance. . SECTION 12 Independent Contractor Department members shall not be considered employees of City and shall be entitled to none of the benefits usually accorded regular City employees, including. but not limited to, such items as severance pay, health and welfare insurance benefits, retirement credit, workmen's compensation coverage, or other benefits normally considered to be -3- , employee fringe benefits for any regular City employee. Department shall not be subject to any existing civil service provisions, protections or benefits and hereby expressly waive all rights to benefits accorded present employees of City and hereby acknowledge that it is entitled to make no claims against City except for sums provided herein. . SECTION 13 Insurance Department shall purchase insurance of the types listed below and such other coverages as it may deem advisable: A. Workmen's Compensation - statutory limits B. Comprehensive Liability Public Liability - each person - each occurrence Property Damage - Building Coverage or Hazard Insurance - 90% of replacement cost. All insurance policies purchased by Department shall include City as an additional insured and shall contain a cancellation clause requiring thirty (30) days' written notice to be mailed to City prior to such date of cancellation. C. $300,000 $300,000 $ 50,000 Department shall p~ovide City with a certificate of insurance indicating that the required types and amounts of insurance are in force. Liability insurance must apply to vehicles owned, leased or utilized by Department. SECTION 14 Indemniftfation Department shall indemnify and hold harmless City from any claim, suit, demands or causes of action arising out of loss or damage caused to a person or property by reason of any acts, omissions or negligence on the part of Department or its members in the performance of the contract, SECTION 15 Inspections . A. Department shall make annual inspections of all schools, colleges or institutions located within the fire service area. Department shall make annual inspections of the group homes operated by the Residence, Inc. and located at 925 and 935 Amble Road, Shoreview, Minnesota. Department shall not receive additional compensation for these annual inspections. B. At the request of the City Administrator or City Clerk of each of the three cities who are parties to this agreement, Department shall inspect buildings, hazards or appliancps for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend -4- , . to cause fire or contribute to its spread or any violation of the provisions of the Minnesota Uniform Fire Code or other law or recognized standard affecting fire safety. City agrees to adopt and from time to time amend such ordinances as are necessary to authorize Department inspections. Department shall be compensated at the rate of $7.00 for each man-hour or fraction thereof utilized in providing inspection services pursuant to this section 15(8). The individual city who authorizes the inspection shall be responsible for payment of the inspection fee. SECTION 16 I nves ti ga t ions Department shall promptly investigate the cause, orlgln and circum- stances of each and every fire occurring within the fire service area involving loss of life or injury to person or destruction or damage to property in excess of $100,00. If it appears to the personnel making the investigation that such fire is of suspicious origin, he shall take immediate charge of all physical evidence relating to the cause of the fire and pursue the investigation to its conclusion. A report shall be submitted through the fire chief to the appropriate City of all facts and findings relative to each investigation. SECTION 17 Mutual Aid Agreements Department shall maintain its membership in the Capitol City Mutual Aid Association and shall enter into such mutual aid agreements as it deems appropriate, consistent ,with its obligations hereunder. Such agreements shall be premised on the condition that Department shall not send personnel, equipment and apparatus for fire protection on property owned, leased or represented by persons, organizations or political subdivisions outside the fire service area if Department's fire chief or other officer in charge determined that such equipment and manpower is needed for service within the fire service area. When Department provides fire protection services as a result of its membership in the Capitol City Mutual Aid Association or under the terms of a mutual aid agreement. the fire chief shall keep records of the time, place, apparatus used and number of men responding to the alarm. Such information shall be made available to City On request. Department shall inform City of the rules and regulations of the Capitol City Mutual Aid Association and all mutual aid agreements to which it i s a pa rty . . SECTION l8 Reports A. Annual. On or before February 1 of each year, Department shall submir-to City an annual report summarizing its work program during the preceding year and any attendant recommendations, including recommendations for additional mutual aid agreements, additional training, or additional facilities and equipment. -5- .' . B. Monthly. Department shall keep in convenient form a complete record of all fires. Such records shall include the time of the alarm, location of fire, cause of fire if known, type of building, name of owner or tenant, purpose for which building was occupied, estimated loss of building and contents, members of Department responding to alarm, length of time spent fighting fires, and such other information as the fire chief may deem advisable. The fire chief shall, on a monthly basis, submit to City a report summarizing such records. C. Miscellaneous Reports. Department shall submit to City such other reports as City may reasonably request from time to time. SECTION 19 Compensation A. Concept for Calculation of Compensation; Market Value Approach. The amount of compensation to be paid by City to Department for its services and obligations hereunder -- for the first twelve (12) months of the term of this Contract, i.e., from July 1. 1977 to June 30, 1978 -- shall be as set forth herein below in Subsection B of this Section 19. The amount of compensation to be paid by the City to the Department for the remaining four (4) twelve (12) month periods of the Contract term (i .e., July 1, 1978 to June 30, 1979, July 1, 1979 to June 3D, 1980, July 1, 1980 to June 30, 1981, and July 1, 1981 to June 30, 1982) shall be calculated by the parties hereto on or before July 1 of each year, commencing July I, 1978 and ending July 1, 1981, by applying the percentage increase or decrease o~ the total, full-and-true market value of all taxable and tax exempt parcels of real estate within the fire service area, as determined from data obtained from the Ramsey County Department of Property Taxation as hereinafter provided, to the compensation paid to Department for the previous twelve (12) months' period. The increase, as so determined, when added to, or the decrease, as so determined, when subtracted from, the compensation paid to Department for the previous twelve (12) months' period, shall represent the total compensation to be paid to Department for the next succeeding twelve (12) month period. B. Amount of Compensation for Initial Twelve Month Period (July 1, 1977 to June 30, 1978.) Based upon data furnished by the, Ramsey County Department of property Taxation, the total full-and-true market value of all taxable and tax exempt real estate parcels within the fire service area, as of June 28, 1977 was $413,804,582, and the total full-and-true market value for the same area as of the end of calendar year 1976 was $370,681,638. The percentage increase in the total, full-and-true market value, based upon the following formula, was 11. 63%: . $413,804,582 -$370,681,63B = 11.63% increase. -----,370,681,638 -6- . The compensation paid by City to Department during calendar year 1976 was the sum of $79,818. The percentage increase (i.e., 11.63%) multiplied by the compensation paid to Department in the previous calendar year (i.e., $79,818), yields a dollar increase of $9,282. The compensation thus to be paid by City to Department for the period July 1, 1977 to June 30, 1978 is $89,100, determined by adding the dollar increase of $9,282 to the compensation paid to Department in calendar year 1976. C. Formulae for Ca1cu1atin Com ensation for Four 4 Remainin Twelve 12 Month Periods of Contract Term. On or before July 1, 198 and each July 1 thereafter during the term of this Contract, the parties hereto shall calculate the amount of compensation to be paid to Department for the next succeeding twelve (12) month period beginning with July 1, on or before which the calculation is made, on the basis of the formulae set forth herein below. For the purposes hereof, "FTMV Prev Yr" shall mean the total, full-and-true market value of all taxable and tax exempt real estate parcels within the fire service area, as estimated by the Ramsey County Department of Property Taxation on or before June 30 of the previous year, and "FTMV Curr Yr" shall mean the total, full-and- true market value of all taxable and tax exempt real estate parcels within the same area as estimated by the Ramsey County Department of Property Taxation on or before June 30 of the current year. 1. Formula for Calculating Percentage Increase or Decrease. FTMV Curr Yr -FTMV Prev Yr = % Increase or Decrease FTMV Prev Yr 2. Formula for Calculating Dollar Increase or Decrease. Previous Year's Compensation x Percentage Increase or Decrease = Dollar Increase or Decrease 3. Formula for Calculating Compensation for Next Succeeding Twelve (12) Months' Period, Commencing July 1. Previous Year's Compensation + Dollar Increase (or-Dollar Decrease)= Compensation fOr Next Succeeding Twelve (12) Months' Period, Commencing July 1 of Current Year . D. Com ensation Pa ment Dates And Amounts. The compensation payable to Department for each of the five 5 twelve (12) month periOdS of the Contract term, as determined pursuant to sections 19(8) and 19(C) shall be payable by City in two (2) equal installments of one-half (~) of said compensation due for that period on or before July 15 of the year in which the period commences and on or before January 15 of the year in which the periOd ends. E. Allocation of Each Municipality's Share of Compensation. The manner of allocating the cost of fire protection services which are incurred pursuant to the terms of this contract shall be computed by the provisions of the Joint Powers Agreement between the cities of Shoreview, Arden Hills and North Oaks. Each of the three cities shall only be responsible for its share of the total fire protection cost as determined by the cost allocation formula in said Joint Powers Agreement. , . F. Total Compensation. With the exception of the extra compensation provided for in sections 10(B) and 15(B) hereof, the compensation provided for in this Section 19 shall be the total and exclusive remuneration to be paid by City to Department for its services and obligations hereunder, and City shall not be responsible for the payment to Department for any other compensation. SECTION 20 Accountabilitv of Department A. Examination and Rating. Periodically during the term of this Agreement, City may cause to be performed an examination rating of Department's operations to determine the accountability of Department in performing the services and obligations required by this Agreement. The Examiner selected, either with or without assi'stance from the Insurance Service Office of the State of Minnesota, shall be qualified to perform an evaluation in accordance with The Grading Schedule For Municipal Fire Protection, 1974. 4th Printing, a Publication For Insurance Service Offices, 160 Water Street, New York, New York 10038 or any subsequent revisions of such publication. . B. Selection of Rating Examiner. If City determines to have an examination rating prepared, it Shall first contact the Insurance Service Office of the State of Minnesota and request that office to recommend a qualified exanliner. If the Insurance Service Office determines that it does not want to become involved in the process of selecting an examiner, City may secure the services of a qualified examiner by contacting other public agencies or private organizations. City shall pay the cost of any examination which it requests, C, Cooperat)o~~~p_epartment. During the examination rating, Department shall cooperate fully with the examiner and City. At the examiner's request, Department shall provide all records and information relative to the operation of Department and its facilities. At the commencement of the rating examination, Department shall designate a representative who Shall act as a liaison with the examiner. Neither the examiner nor the examination process shall in any way interfere with Department's ability to provide the fire protection services required by this Agreement, D. Est~lishment of Accountability. Department shall be deemed accountable to City upon receiving from the examiner, at the conclusion of his examination, a rating of 1,350 defiCiency points or less based upon the guidelines of the criteria described in section 20(A). The establishment of Department's accountability shall not remove Department's obligation to adopt, consistent with its financial capabilities, all recommendations and requirements contained in the examiner's rating report, which would improve the efficiency of Department's operations and reduce the number of its deflciency points. -8- E. Establishment of Deficiency Status, Confirmation and Cure Thereof. 1. Where examiner was selected with assistance from Insurance Service Office. In the event that an examination rating, by an examiner selected with the assistance from the Insurance Service Office, results in a rating of more than 1,350 deficiency points, Department shall have 75 days from the date of written notification of its deficiency status to adopt policies or procedures to reduce its number of deficiency points to a level of 1,350 or less. . 2. Where examiner was selected without assistance from Insurance Service Office. In the event that an examination rating, by an examiner selected without assistance from the Insurance Service Office, results in a rating of more than 1,350 deficiency points, Department shall have the following options: (a) Within 75 days from the date of written notification of its deficiency status, Department may adopt policies or procedures to reduce the number of deficiency points to 1,350 or less. . (b) Within 15 days from the date of written notification of its deficiency status, Department may notify City that Department will obtain a second examination ratlng by a qualifled examiner. Department shall pay for the cost of any examination rating which it requests. In the event that the €xamination rating requested by the Department results in a rating of more than 1,350 deficiency points, Department shall have 75 days from the date of written notification of its deficiency status to cure such deficiency by adopting policies or procedures to reduce its number of deficiency points to a level of 1,350 or less. In the event that the examination rating requested by Department does not result in a deficiency status, City may request arbitration as provided in section 21 of this Agreement. (c) Within 15 days from the date of written notification of its deficiency status, Department may request arbitratio~ as provided in Section 21 of this A~reement. F. Termination Because of Deficiency Status. If, upon the expiration of the time limits specified in sections 20(El(1), 20(E)(2), or 21 hereof, Department still maintains a deficiency status, City may terminate this Contract by giving Department sixty (60) days' written notification of termination. Until a termination under this Subsection has become effective, Department shall be obligated to perform its services and obligations hereunder, and City shall be Obligated to pay Department on or before the effective date of termination its pro rata share of the applicable compensation due it determined as of the effective date of termination by dividing the number of days elapsed from the previous July 1 to the effective date of termination by 365 and multiplying the result of such division by the amount of compensation to be paid to -9- Department for the period commencing with the July 1 previous to the effective date of termination and the June 30 next following the same. SECTION 21 Arbitrati on . Where arbitration is requested pursuant to section 20(E)(2)(b) or 20(E)(2)(c), City and Department shall define in writing the issues relating to the deficiency determination which shall be submitted to a panel of arbitrators in the following manner: A. City shall select a person who has expertise in evaluating fire protection services. Department shall select a person who has expertise in evaluating fire protection services. The two parties chosen shall select a third party likewise qualified. The three parties selected shall serve as the panel of arbitrators. B. City and Department shall provide the panel with any information requested as promptly as possible. \. C. The panel shall notify City and Department of the date. time and place of hearing at which both parties may make a.presentation. City will make its facilities available for purposes of the hearing. D. Within thirty (30) days of the hearing or any continuation thereof the panel shall notify City and Department of its decision which shall be binding on all parties. E. The fees and expenses of the arbitration panel shall be divided equally between City and Department. F. If the panel's determination is that Department has a deficiency rating of more than 1,350 deficiency points, Department shall have seventy five (75) days from the date of written notification of the panel's decision to adopt policies or procedures necessary to reduce its deficiency points to 1,350 or less or City may terminate this Agreement pursuant to Section 20(F). SECTI ON 22 Amendments This Agreement may be amended by mutual consent of the parties. . -10- IN WITNESS WHEREOF, the undersigned governmental units by resolution attached hereto have caused this agreement to be executed by their duly authorized officers and delivered on their behalf. . By Resolution No. Passed on the 3rd October 77-162 day of , 1977 BY: By Resolution No. 71-t,4- Passed on the //7L day of /P~Jtad.tA~ , 1977 BY: By Resolution No. s~9 Passej on the j.j4 day 'of ~ab It-V , 1977 BY~ BY:_1tn (J. Clerk By Resolution No. {)I Passed on the ..:::;s'~ " .--..... ay of , ")1977 LAKE JOHANN~ VOLUNTEER FIRE DEP~TMENT, INC. "c',"'f/., BY: ~;,//{.':.;./.~L{:." F;/ O~," /l , . BY:~~;~./c",z4</-?R.- ~~~? -,(~ ... . -11-