9.b) 2012-2014 Fire Dept. Service Agreement with May Township Meeting Date: 11/15/2011
Agenda item: � �
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City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve a Fire Departrnent Service Agreement with May Township
for 2012 through 2014.
Deadline/Timeline: N/A
Background: • The township/city has provided fire protection services to part of
May Township for a number of years. The last contract covered
the years 2009 through 2411.
• A new 3-year contract was proposed to the Township,
incorporating a 3% increase in the contract price for each year.
This amount was based upon a review by the Administrator and
Fire Deparhnent Officers of population changes, call volumes,
changes in the Fire Department Budget and the inflation rate since
inception of the last contract.
• The agreement has been approved by the May Town Board.
• The contract specifies the portion of the Township to be served by
the City. A map illustrating the service territory is attached. The
remainder of the Township is served by the Marine on St. Croix
and Stillwater Fire Departments.
Recommendation: I recommend that the Council approve the Fire Department Service
Agreement with May Township for 2009-2011.
AttaChments/ • Draft Fire Department Service Agreement, 202-2014
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(fire service contract)
Page 1 of 1
11/08/11
FIRE DEPARTMENT SERVICE AGREEMENT
THIS AGREEMENT, made and entered into effective January 1, 2012, by and between
the City of Scandia, Washington County, Minnesota, 14727 209th Street North, Scandia, MN
55073, a public corporation ("City") and May Township, Washington County, Minnesota, 13519
May Avenue North, Stillwater, MN 55082, a public corporation ("Town").
WHEREAS, the Town desires to contract with the City for the furnishing of fire service to
that part of the Town described in Paragraph 1 below; and
WHEREAS, the City agrees to furnish such services on the terms and conditions
hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises contained herein, it is
mutually agreed between the City and the Town as follows;
1. The City shall furnish the services of its fire department to the Town in that part
of its area described as follows:
150th Street -All Addresses
155th Street -All Addresses
165th Street-All Addresses
169`h Street-All Addresses
170ih Street-All Addresses up to 13639 (West of Olinda Trail)
176ih Street- All Addresses
177�h Street -Addresses up to 13799 (West of Olinda Trail)
182"d Street -All Addresses
Keystone Avenue - Addresses 17000 and over(North of 17ptn)
Kimbro Avenue -All Addresses
Kirby Avenue -Addresses 16800 and over
Lisbon Avenue - All Addresses
Lomond Trail -All Addresses
Manning Trail -Addresses 15000 and over
Margo Avenue -All Addresses
May Avenue - Addresses 15000 and over(North of 150th Street)
Morgan Avenue -All Addresses
Morris Avenue - All Addresses
Norell Avenue -Addresses 15000 and over(North of 150th Street)
Northridge Avenue
Olinda Trail - All Addresses
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2. The City Fire Department will respond to calls for service to the described area in
the Town with apparatus, equipment and personnel of the fire department responding to any
such call and will render all assistance possible in the saving of lives and property, within the
limits of personal safety of the personnel.
The parties understand the fire department officer in charge of the particular
scene shall exercise judgment to determine, in consideration of all the established policies,
guidelines, procedures, and practices, how best to allocate the available resources of the fire
department under the circumstances of a given situation.
3. Failure to respond to a call because of adverse weather conditions, unavailability
of equipment or personnel or for any other reason beyond the control of the fire department
shall not be considered to be a breach of this agreement. If the fire department is unable to
respond it will notify the "911" Center and the Marine On St. Croix and Stillwater Fire
Departments of its inability to respond.
The parties understand and agree that the City will endeavor to provide the
services indicated above to the best of its ability given the circumstances, but the City makes no
guarantees that the services it actually provides in a given situation will meet any particular
criteria or standard.
4. The term of this contract shall be January 1, 2012 to December 31, 2014. If this
contract is not replaced by a new contract by December 31, 2014, this contract shall continue in
force month to month at the then current yearly rate plus 5% prorated to a monthly payment
basis until such time as a replacement contract is executed or until either party terminates in
writing. Either party may terminate this contract during the extended period at any time with or
without cause by providing 30 days written notice to the other party of its intent to terminate.
5. The Town shall pay to the City for the fire department services rendered to it by
the City the sum of $33,551.00 on or before April 15, 2012; the sum of $34,558.00 on or before
April 15, 2013; and the sum of$35,594.00 on or before April 15, 2014.
In the event of the termination of this agreement prior to the completion of the full
term described herein, a pro-rata adjustment of the annual fee shall be made and paid to the
appropriate party.
6. Any amounts recovered for fire calls under this contract from insurance in effect
on the premises involved with the fire shall be the property of the Town.
7. The City, its officers, agents and employees shall not be liable for any intentional
or negligent act of the Town or any officer, agent or employee of the Town and the Town
agrees to hold the City, its officers, agents and employees harmless from any intentional or
negligent act of the Town or any officer, agent or employee of the Town and the Town agrees
to defend the City, its officers, agents or employees from any claim for damages resulting from
a negligent or intentional act of the Town or any officer, agent or employee thereof.
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8. The Town, its officers, agents and employees shall not be liable for any
intentional or negligent act of the City or any officer, agent or employee of the City and the City
agrees to hold the Town, its officers, agents and employees harmless from any intentional or
negligent act of the City or any officer, agent or employee of the City and the City agrees to
defend the Town, its officers, agents or employees from any claim for damages resulting from a
negligent or intentional act of the City or any officer, agent or employee thereof.
9. No Waiver. Nothing herein shall be construed to waive or limit any immunity
from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes
Chapter 466 or otherwise.
10. Subcontracting and Assignment. The City shall not subcontract or assign any
portion of this contract to another without prior written permission from the Town. Services
provided to the Town pursuant to a mutual aid agreement the City has, or may enter into, with
another entity does not constitute a subcontract or assignment requiring prior approval of the
Town so long as the City remains primarily responsible for providing fire services to the Town's
Service Territory.
11. Service Contract. This is a service contract. The parties do not intend to
undertake or create, and nothing herein shall be construed as creating, a joint powers
agreement, joint venture, or joint enterprise between the parties.
12. Minnesota Law Governs. This contract shall be governed by and construed in
accordance with the internal laws of the State of Minnesota. All proceedings related to this
contract shall be venued in the State of Minnesota.
13. Severability. The provisions of this contract shall be deemed severable. If any
part of this contract is rendered void, invalid, or otherwise unenforceable, such rendering shall
not affect the validity and enforceability of the remainder of this contract.
14. It is understood that this agreement contains the entire agreement between the
parties and that any statement, promise or inducements made by any party hereto, or officer,
agent, or employee of either party which is not contained in this agreement shall not be valid
and binding; and this agreement may not be enlarged, modified or altered except in writing
signed by the parties hereto. It is expressly understood between the parties and this
understanding shall be considered in interpreting the provisions of this agreement, that upon
notice given by any party hereto, later negotiations may be undertaken for the purpose of
revising, adding to or striking any provision of this agreement which appears unworkable or
insufficient to perfect, maintain and insure the purpose of this agreement. Any change of the
original provisions of this agreement shall be written, signed by both parties and attached to this
agreement as provided above and any later revision, addition or deletion shall only apply to the
provisions revised, added or deleted and the remainder of this agreement shall remain in full
force and effect.
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IN WITNESS WHEREOF, the parties have caused this agreement to be executed by its
appropriate officers.
CITY OF SCANDIA MAY TOWNSHIP
Randall Simonson, Mayor William Voedisch, Chairman
ATTEST: ATTEST:
Anne Hurlburt, Clerk/Administrator Linda L. Klein, Clerk
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