HomeMy WebLinkAbout06-11-07 Item 4B, Fire Protection Service Contract
Request for Council Action
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
Schawn Johnson
.."'AdminisTratlon---- ___m________.___
June 11,2007
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Agenda Item:
4.8.
Budgeted Amount:
Actual Amount:
Funding Source:
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Resolution 07-62: Relating to the Fire Protection Service Contract Between the City of Arden Hills and the!
Lake Johanna Fire Department '
City Staff is recommending approval of Resolution 07-62: Relating to the Fire Protection Service (
Between the City of Arden Hills and the Lake Johanna Fire Department
Planning:
PTRC:
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X R I r N. 07-62 : Resolution Approving the Extensions of the Fire Protection Service Contract Between the City of
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Ordinance No.:
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Engineering Recommendation:
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Attorney Recommendation:
X Other:
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MEMORANDUM
DATE:
June 11,2007
Agenda Item 4.B.
TO:
Honorable Mayor and City Council Members
Michelle Wolfe, City Administrator
Schawn Johnson, Assistant City Administrat06qS
FROM:
SUBJECT:
Resolution 07-62: Relating to the Fire Protection Service Contract
Between the City of Arden Hills and the Lake Johanna Fire Department
ENCLOSURES:
Resolution No. 07-62
Fire Protection Service Contract Between the City of Arden Hills and the
Lake Johanna Fire Department
Backl!:round
City Attorney J eITY Filla and City staff recently reviewed the Fire Protection Service Contract
between the City of Arden Hills and the Lake Johanna Fire Department. The original agreement
was adopted by Resolution 98-68 on November 30, 1998. Section 3.0 subdivision A of the
agreement states:
"Extended Term. The term of this Service Contract may be renewed for three additional periods
("Extended Term") of five years each if the City's council passes a resolution ("Extension
Resolution") by three affIrmative votes, expressing the City's intent to extend the term of the
service agreement for an additional five-year period and communicates such Extension
Resolution in writing to the Fire Department at least one year prior to the end of the Contract
Term or any Extended Term.
1. The first Extended Term shall commence on the 1st day of January, 2004, and
shall expire on the 31 st day of December, 2008; provided that the City adopts and
communicates the Extension Resolution prior to the 31 st day of December, 2002.
2. The second Extended Term shall commence on the 1st day of January, 2009, and
shall expire on the 31 st day of December, 2013; provided that the City adopts and
communicates the Extension Resolution prior to the 31 st day of December, 2007.
3. The third Extended Term shall commence on the 1st day of January, 2014, and
shall expire on the 31st day of December, 2018; provided that the City adopts and
communicates the Extension Resolution prior to the 31 st day of December, 2012."
Page 2
Due to that language in the contract, the City Council is required to approve an extension
resolution in order to renew the fire protection service agreement with the Lake Johanna Fire
Department one year prior to the end of the original or extended terms of the agreement.
According to the City's records, the City did not take official action by approving a resolution
extending the fire services contract with the Lake Johanna Fire Department by December 31,
2002. As noted in the resolution, it was the City's intension to renew the contract with the Lake
Johanna Fire Department for the 2004 to 2008 time period. In order to correct this oversight,
City staff is recommending City Council adoption of a resolution approving the first extension
specified in the agreement. A second resolution will be presented to the City Council later on
this year asking for City Council approval to extend the current fire service agreement for the
2009 to 2013 calendar years.
Recommendation
Staff is recommending City Council approval of Resolution No. 07-62, Relating to the Fire
Protection Service Contract between the City of Arden Hills and the Lake Johanna Fire
Department.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 07-62
RESOLUTION RELATING TO THE FIRE PROTECTION SERVICE CONTRACT
BETWEEN THE CITY OF ARDEN HILLS AND THE
LAKE JOHANNA VOLUNTEER FIRE DEPARTMENT
WHEREAS, the City of Arden Hills entered into a Fire Protection Service
Contract ("Contract") with the Lake Johanna Volunteer Fire Department, Inc.
("Fire Department"), approved by Resolution No. 98-68, adopted on November
30, 1998;
WHEREAS, the Contract was effective January 1, 1999, through
December 31, 2003, with a provision for renewal of the Contract for an Extended
Term from January 1,2004 through December 31,2008;
WHEREAS, the Contract requires that prior to the renewal of the Contract
for the Extension Term January 1, 2004 through December 31, 2008, the City of
Arden Hills must pass a resolution by three affirmative votes expressing the
City's intent to extend the term of the Contract, and communicate such resolution
in writing to the Fire Department at least one year prior to the end of the
Contract; and
WHEREAS, City of Arden Hills intended to renew the Contract prior to its
expiration on December 31,2003;
NOW, THEREFORE, BE IT RESOLVED by the Arden Hills City Council
that the City of Arden Hills intended to, and hereby does, renew the Contract with
the Fire Department for the term of January 1, 2004 through December 31, 2008.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 11TH DAY OF JUNE, 2007.
Stanley D. Harpstead, Mayor
ATTEST:
Michelle A. Wolfe, City Administrator
,
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FIRE PROTECTION SERVICE CONTRACT
CITY OF ARDEN HILLS
LAKE JOHANNA VOLUNTEER FIRE DEPARTMENT
1.0 Parties. This Contract is entered into by and between the City of Arden
Hills, a statutory city under-Chapter 412 of Minnesota Statutes (herein "City"), and the Lake
Johanna Volunteer Fire Department, Inc., a non-profit corporation organized and existing under
the provisions of Chapter 317 of Minnesota Statutes (herein "Fire Department"); and shall be
effective upon approval by both parties.
2.0 Purpose & Recitals.
A. City is responsible for providing fire protection and prevention services for the
people and institutions situated within its boundaries, which geographic area
shall hereinafter be referred to as the "Fire Service Area".
B. City has authority to enter into this Contract by virtue of provisions of Chapter
412 ofthe Minnesota Statutes and has determined thatthe mutual undertakings
set forth in this Contract are desirable, in the public interest, and necessary to
provide for the public health, safety, and general welfare ofthe Fire Service Area.
C. Fire Department has provided fire protection and prevention services for the
benefit of the "Fire Service Area':and has the necessary personnel, facilities,
equipment and training to provide an adequate and reasonable degree of fire
protection and prevention services within the Fire Service Area.
D. Fire Department has authority to enter into this Contract by virtue of the
provisions of its Articles of Incorporation and By-laws and desires to provide City
with fire protection within the Fire Service Area.
3.0 Term. Unless extended or terminated as hereinafter provided, the term of this
Service Contract shall extend from the first day of January, 1999, until and through the 31st
day of December, 2003 ("Contract Term").
A. Extended Term. The term of this Service Contract may be renewed for three
additional periods ("Extended Term") of five years each if the City's council
passes a resolution ("Extension Resolution") by three affirmative votes,
expressing the City's intent to extend the term of the service agreement for an
additional five-year period and communicates such Extension Resolution in
writing to the Fire Department at least one year prior to the end of the Contract
Term or any Extended Term.
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1. The first Extended Term shall commence on the 1st day of January,
2004, and shall expire on the 31st day of December, 2008; provided
that the City adopts and communicates the Extension Resolution prior to
the 31't day of December, 2002.
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2.
The second Extended Term shall commence on the 1st day of January,
2009, and shall expire on the 31st day of December, 2013; provided
that the City adopts and communicates the Extension Resolution prior to
the 31'1 day of December, 2007.
3.
The third Extended Term shall commence on the 1st day of January,
2014, and shall expire on the 31st day of December, 2018; provided
that the City adopts and communicates the Extension Resolution prior to
the 31'1 day of December, 2012.
B. Termination Without Cause. This SeNice Contract may be terminated by either
party without cause upon the adoption of a Termination Resolution and
communication of such resolution in writing to the other party at least one year
prior to the termination date.
C. Termination for Default. The failure of a party to comply with its Obligations
pursuant to the terms of this SeNice Contract shall be considered a "Default".
In the event of a Default, the non-defaulting party may give the defaulting party
written notice of the event of Default. Notice of Default shall be sent by certified
mail - return receipt requested, shall define the Default, and may indicate how
the Default is to be corrected. The defaulting party may have sixty (60) days
from the date of the delivery of the certified notice to the post office to correct the
Default. The failure of the defaulting party to correct the Default or to request
arbitration as hereinafter provided, within the reqUired time limit, shall
automatically terminate this agreement and the Obligations of the parties
provided that all obligations shall be satisfied in full up to and including the date
of termination.
In the event there is a dispute regarding whether there is a default, either party
may submit the question to final and binding arbitration pursuant to the
American Arbitration Association Commercial Arbitration Rules. If such
submission is made, the Agreement will not be terminated until the arbitration
award is rendered.
4.0 City's Responsibilities. City shall have the responsibility and right to:
A. Assist Fire Department, as needed, in the recruitment of additional fire fighters;
B. Specify levels of seNice in excess of those defined in Section 5.0 for its Fire
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Service Area, after conferring with Fire Department and using the fire protection
needs of City as criteria;
C. Assist Fire Department in all reasonable ways to achieve its goal of providing City
with fire protection and prevention services; and
D. Compensate Fire Department for services rendered pursuant to the budget
submitted by Fire Department and approved by City.
E. Assist Fire Department in maintaining current ISO rating for City.
5.0 Fire Department's Responsibilities and Rights. Fire Department shall have the
responsibil ity and right to:
A. Use reasonable efforts to promptly attend all fires within the Fire Service Area
whenever it is notified of such fires, provided equipment and personnel are not
being used elsewhere for fire protection at the time. If not immediately available,
equipment and personnel will respond as soon as possible within the judgment
of Fire Department's Fire Chief or other officer in charge;
B. Except as otherwise provided herein, be responsible for its internal method 01
Qperation, including but not limited to the type of apparatus used for a response,
assignment of personnel, dispatc.hing procedures, determination of mutual aid
response, type 01 response to routine calls and emergencies and all other
activities usually associated with the Fire Department;
C. Recruit fire fighters as needed to maintain an adequate number of personnel and
level of response to meet required levels of service;
D. Maintain all fire fighting equipment and stations in good order and repair;
E. Recommend to and consult with City in regard to the refurbishment of eXisting
equipment, the purchase of additional or new equipment and the levels 01
service to be provided;
F. Insure that its members are properly trained to render qualified and capable
service under this Contract.
G. Hold such meetings, conduct such dri lis, and maintain such records as are
necessary to qualify for State aid;
H. Obtain such training in addition to the routine training required hereunder as is
requested by City provided City compensates Fire Department for the cost of
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such additional training; and
I. Promptly investigate, as Fire Department deems appropriate, the cause, origin
and circumstances 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. If
it appears that such fire is of suspicious origin, the appropriate agency shaH take
immediate charge of all physical evidence relating to the cause of the fire and
pursue the investigation to its conclusion.
1. Maintain current ISO rating for City.
6.0 Reports Provided bv the Fire Department. Fire Department shall provide City
with the following reports and other reports as may be reasonably requested from time to time,
by the City:
A. Annual Report. On or before March 1st of each year, an annual organization
report which shall include at least the following:
1. A staffing/organization chart of Fire Department;
2. The Board of Directors' and Chiefs' addresses and telephone numbers;
3. A vehicle inventory;
4. A summary of fire and rescue calls;
5. A summary of false alarms;
6. A summary of mutual aid calls;
7. A summary of fire inspections;
8. A summary of fire inspection and code enforcement services rendered;
9. A summary of school fire prevention programs conducted;
10. A summary of public educational programs conducted; and
11. A summary of training activities.
B. Monthlv Fire Run and Inspection Reports. On or before the 15th day of each
month, a monthly Fire Run and Inspection Report which shall include at least
the following information:
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1. Fire and rescue calls;
2. False alarms;
3. Alarms by day, classification, structure or vehicle and response time;
4. Mutual aid calls;
5. Fire Inspection Report;
6. Fire investigations;
7. School fire prevention programs conducted; and
8. Public educational programs conducted.
7.0 Mutual Aid Agreements. Fire Department shall maintain its membership in the
Capital City Mutual Aid Association and shall enter into such mutual aid agreements as it
deems appropriate and necessary. Such agreements shall be premised on the condition that
equipment or personnel will not be sent outside the Fire Service Area if the Fire Department's
Fire Chief, orthe Chief's designee, determines that it is needed in the Fire Service Area. Copies
of all mutual aid agreements Shall be filed wi.th City and Fire Department shall keep City
informed of the requirements, rules and regulations of all mutual aid agreements to which it is
a party.
8.0 Annual Submittals. The following items shall be submitted to City:
A. Ooerating Budget. On or before July 1st of each year, Fire Department will
submit an annual operating budget for the period January 1 through December
31 of the following year. The operating budget will be itemized for each station.
City will make quarterly operating budget payments on or before January 15th;
April 15th; July 15; and October 15th.
B. Five-Year Caoitallmorovement Budget. On or before July 1st of each year and
along with the operating budget, Fire Department shall submit a five-year capital
improvement budget which itemizes vehicles and equipment which are
estimated to cost more than $10,000.
C. Annual Audit. On or before July 1st of each year, Fire Department shall provide
I a copy of the previous year's annual certified audit.
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9.0 Independent Contractor. Fire Department members shall not be considered
employees of City and shall not be entitled to any of the benefits usually accruing to regular City
employees, including, but not limited to, severance pay, health and welfare insurance benefits,
retirement credit, workers compensation coverage, or other benefits normally considered to be
employee fringe benefits. Fire Department shall not be subject to any existing civil service
regulations, protections or benefits and hereby expressly waives all rights to benefits accorded
present employees of the" City and hereby acknowledges that it is entitled to make no claims
against City except as provided herein. This Contract does not create the relationship of
principal and agent; partnership; joint venture; or of any association between City and Fire
Department other than that of independent contractors.
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10.0 Insurance. Unless otherwise provided herein, Fire Department shall purchase
insurance of the types listed below and such other coverages as it may deem advisable:
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A. Worker's Compensation - statutory limits.
B. Comprehensive Liability - $1,000,000.00 single limit.
C. Vehicle Coverage (comprehensive and collision) for all vehicles and trucks used
by the Fire Department in providing fire protection and fire prevention services
to the City and to the cities of Shoreview and North Oaks.
D. Building and Equipment Coverage (replacement value) for all buildings and
equipment owned or used by the Fire Department in providing fire protection and
fire prevention services to the City and to the Cities of Shoreview and North
Oaks.
All insurance policies purchased by Fire 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.
Fire Department shall provide 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 Fire Department.
11.0 Indemnification. Fire Department and City shall indemnify and hold each other
harmless from any claims for damages resulting to persons or property by reason of the
negligent acts or omissions of the other party, its officers, employees, members or agents.
12.0 Dissolution of Fire Department.
A. Fire Department Initiated: Ifthe dissolution ofthe Fire Department is initiated
by the Fire Department and is not the result of a termination of this Contract by
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one or more of the Cities, the Fire Department's assets shall be conveyed to a
successor organization which provides Fire Protection Services to City and to the
Cities of Arden Hills and North Oaks; or, if a successor organization does not
provide Fire Protection Services to all three cities, Fire Department's assets shall
be conveyed to the City and to the Cities of Arden Hills and North Oaks, in the
manner and in the proportions deemed appropriate by such cities.
B. Citv Initiated: If the Dissolution of the Fire Department is the result of a
termination of this Contract by one or more of the Cities, the Fire Department's
assets shall be liquidated. The liquidated assets shall first be applied to insure
that the benefit obligations of the Lake Johanna Volunteer Fireman's Benefit
Association, Inc. are fully funded. The balance of the liquidated assets, if any,
shall be conveyed to the City and the cities of Arden Hills and North Oaks in the
manner and in proportions deemed appropriate by such cities.
C. Amendment of Bvlaws: Fire Department shall amend its Bylaws in compliance
with Minnesota statutes governing non-profit organizations, if necessary, in order
to effectuate the provisions of this section.
13.0 Reserved
14.0 Amendments. This Contract may only be amended by written consent of both
parties.
15.0 Contracts and Exhibits. This Contract, including the exhibits attached hereto,
contains the entire agreement of the parties. All preliminary negotiations are merged into and
incorporated into this Contract.
16.0 Waiver. The action or inaction by either party, with knowledge of any breach of
this Contract by the other party; or of any default on the part of the other party, in the
observance or performance of any of the obligations or covenants of this Contract, shall not be
deemed to be a waiver of any of the provisions of this Contract. No failure on the part of either
party to enforce any obligation or covenant herein contained, nor any waiver of any right
hereunder by either party, unless in writing, shall discharge or invalidate such obligations or
covenant or affect the right of said party to enforce the same in the event of any subsequent
breach or default.
17.0 Invaliditv. If any part of this Contract, or any part of any provision hereof, shall
be adjudicated to be void or invalid, then the remaining portions hereof not specifically
adjudicated to be invalid, shall be enforced without reference to the part or portions so
adjudicated, insofar as such remaining provisions are capable of enforcement.
18.0 Governine:Law. This Contract shall be subject to and governed by the laws of
the State of Minnesota.
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IN WITNESS WHEREOF, City and Fire Department have executed this Contract by their
authorized officers as indicated below:
Approved by Resolution.lo. ~-bf{
and adopted on the ~ day of
_~,1998. By:
By:
enni Probst
Its: Mayor
~~-;:;..::....
-:;:::;:;/--;;~-f;/.
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Brian Fritsi~er I)
Its: City Administrator
Approved and adopted
on, the :JJ.!.day of
1)-ilCL/L.--Z,,- , 1998.
LAKE JOHANNA VOLUNTEER FIRE
DEP?~~T /'
Btl . / Av~ ,4/1
Don Szur
"'Its: Fire Chief
F:\uselS\HULDA\lerry\SV\FJRE-AH-Revised.AGR.wpd
December 7, 1998 .
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