8.c) May Fire ContractFIRE DEPARTMENT SERVICE AGREEMENT
THIS AGREEMENT, made and entered into effective January 1, 2015, 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 on the Service Area Map (Exhibit A); 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 shown in the Service Area Map (Exhibit A).
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, 2015 to December 31, 2017. If this
contract is not replaced by a new contract by December 31, 2017, 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 $32,248.00 on or before April 15, 2015; the sum of $33,216.00 on or before
April 15, 2016; and the sum of $34,212.00 on or before April 15, 2017.
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.
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 onlyapply to the
provisions revised, added or deleted and the remainder of this agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by its
appropriate officers.
CITY OF SCANDIA
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Clerk/Administrator
MAY TOWNSHIP
Chairman
ATTEST:
rL
Li a L. Klein, Clerk
LINDA L. KLEIN
Maykwnsho Clerk Washington Counly,Ninnesota
Notarial Officer (ex -officio notary public}
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