8.b)2) Agreement with Washington County for Controlled Burn Meeting Date: 02/15/2011 Agenda Item: G! � 1 � O / City Council Agenda Report City of Scandia 14727 209"' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve an agreement with Washington County for the Fire Department's controlled burn of a county-owned house in Big Marine Lake Park Reserve. Deadline/ Timeline: Action is requested at February 15 meeting so the burn can take place in March. Background: • The Fire Department has the opportunity to conduct controlled burn of a county-owned house for a training exercise. • The house is located at 16150 May Avenue, in Big Marine Lake Park Reserve. • The County has requested that the City execute the attached "service contract" and provide a certificate of insurance prior to the burn. The City attorney has reviewed the contract. The agreement is subject to approval of the CounTy Boazd,which is scheduled for February 22. Recommendation: I recommend that the Council approve the agreement. Attachments/ • Service Contract Materials provided: Contact(s): Jim Finnegan, Volunteer Fire Chief(651 433-2225) Prepared by: Anne Hurlburt, Administrator (Service contract controlled burn) Page 1 of 1 02/07/11 SERVICE CONTRACT WASHINGTON COUNTY Contract# 6130 Dept. Public Works/Parks Vendor Name City of Scandia/Scandia Fire Department Fed ID# 410904438 Address 15040 Scandia Trail North Phone# 651 433-4383 Scandia MN 55073 Date February 1,2011 March 1, 2011 to March 31,2011 Cost N/A Scope of Service Provision of labor,equipment, materials, and expertise to conduct a controlled burn of the county-owned house located at 16150 May Avenue, Marine on St.Croix MN. Scandia Fire agrees to burn the house in consideration of the training exercise to the department. Indemnification -Notwithstanding any other provision to the contrary, the contractor agrees to indemnify, defend and hold harmless the County,its officers,employees and agents for any and all claims arising out of the contractor's activities related to the services provided under this agreement. Insurance Requirements-The contractor agrees that in order to protect itself,as well as the County,from claims arising out of the contractor's activities under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing the following checked-off liabilities, in an amount equal to the County's liability limits set forth in Minnesota Statute Chapter 466 and the workers compensation requirements in Minn.Stat.Chapter 176. The Contractor agrees as a condition subsequent to increase the required insurance coverage as the liability limits in section 466.04 increase. Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability. Certificates of insurance showing the coverage listed above shall be provided to the County prior to the effective date of this Agreement. All such policies shall provide that they shall not be canceled, materially changed,or not renewed without thirty days prior notice thereof to the County. � General Liability ❑ Professional Liability ❑ Hired/Non-Owned Liability � Automobile Liability � Worker's Compensation(if applicable)❑ Insurance Requirements Waived, except for Worker's Compensation Data Privacv - All data collected, created, received, maintained or used for any purposes in the course of the contractor's performance of this agreement is governed by Minn.Statutes,Sec.13.01 et seq.,or any other applicable state statutes and federal regulations on data privacy. The contractor agrees to abide by these Statutes, rules and regulations as they may be amended. Record Disclosures/Monitorinq-Pursuant to Minn.Statute 16C.05, Subd. 5,the books, records,documents and accounting procedures and practices of the contractor relevant to the contract are subject to examination by the County, and either the legislative auditor or the state auditor,as appropriate. The contractor agrees to maintain these records for a period of three years from the date of termination of this agreement. Nondiscrimination-The Contractor(Vendor)agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59. The Contractor's(Vendor's)failure to comply with section 181.59 may result in cancellation ortermination of the agreement, and all money due or to become due under the contract may be forFeited for a second or any subsequent violation of the terms or conditions of this contract. Comaliance with Law-The contractor shall abide by all federal,state or local laws,statutes,ordinances,rules and regulations now in effect or hereinafter adopted insofar as they relate to the contractor's performance of the provisions of this agreement. Firearms Prohibited-Unless specifically required by the terms of this contract,no provider of services pursuant to this contract, including but not limited to employees,agents or subcontractors of the Vendor or Contractor(depending upon which term is used) shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the agreement; and, in addition to any other remedy available to the County under law or equity. Violation of this provision is grounds for immediate suspension or termination of this agreement. Independent Contractor-Parties agree that the vendor is acting as an independent contractor under this agreement. Subcontractina and Assiqnment - The contractor shall not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county. Any assignment or novation may be made subject to such conditions and provisions as the county may impose. The contractor is responsible for the performance of all subcontractors. Washington County City of Scandia / / Donald J.Theisen, PE Date Date Director/County Engineer Q:\Contract Admin\Contracts\Parks\Scandia Fire Dept.doc Revised 2/28/08