Loading...
ITEM 6.3 Fire Protection Services Agreement-Albertvilleot�11.1: 0 MINNESOT�g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration Ci ty Administrator/ Finance Director Flaherty October 9, 2017 PRESENTER(s) REVIEWED BY: ITEM #: City Administrator/ Finance Director Flaherty City Attorney MacArthur 6.3 AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve the 2018-2022 Fire Protection Agreement with the City of Albertville. ARE YOU SEEKING APPROVAL OF A CONTRACT? HEARING REQUIRED? Yes No BACKGROUN D/J USTI FICATI ON: The current Fire Protection Agreement with the City of Albertville will end on December 31, 2017. Attached is an agreement that will continue fire protection and emergency response services from the Albertville Fire Department through 2022. The following is a general summary of the revisions from the previous agreement: - The term "Fire District" has been changed throughout to read "Fire Service Area". - Dates of the agreement have been changed to: January 1, 2018 — December 31, 2022. The following are specific revisions from the previous agreement: - Section 1: Emergency services provided have been updated. - Section 7g: This is a new paragraph and will require the City of Otsego to adopt an emergency services response fee ordinance for vehicle related incidents. - Section 10: This is a new section, and will require the City of Otsego to annually review and adjust, if necessary, the Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form. - Sections 11 & 12: These are new sections that will require the City of Otsego and the City of Albertville to enforce their false alarm ordinances. The remainder of the agreement is consistent with the previous agreement. The agreement was drafted by the Albertville City Attorney and has been reviewed by Otsego City Attorney MacArthur. The Albertville City Council approved the agreement at their meeting on November 20, 2017. Albertville Fire Chief Bullen will be in attendance and will be available for questions from the City Council. SUPPORTING DOCUMENTS ATTACHED: 0 2013-2017 Fire Protection Agreement (With Changes) 0 Signed & Approved (by Albertville) 2018-2022 Fire Protection Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THEM IN UTES: Motion to approve the 2018-2022 Fire Protection Agreement with the City of Albertville. BUDGET INFORMATION FUNDING: BUDGETED: General Fund 101-42200-390 Yes 2013 2017 2018 - 2022 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement is made and entered into by and between the City of Albertville, a municipal corporation located in the County of Wright, State of Minnesota, and the City of Otsego, a municipal corporation located in the County of Wright, State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1 Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego identified on the Fire Service Area map attached as Exhibit A to this Agreement. Fire service provided by Albertville includes general structural and nonstructural, grass and forest, and vehicle firefighting and general rescue services including vehicle and equipment extraction and general search and rescue, hazardous materials response, fire code enforcement (but only on existing commercial and industrial structures located in the Fire Service Area) and high level, and surface -level ice A and water and confine. space rescue. Such fire protection and emergency medical response services shall be provided from January 1, 2118 through December 31, 2022, unless otherwise terminated pursuant to the terms of this Agreement. 2. Otsego shall pay Albertville a Fire Service Fee ("Fire Service Fee") annually according to the formula set forth in this paragraph in exchange for the provision of fire protection and emergency medical response services as described above. Annual payments shall be made in four equal installments on or before every April Ist, July lst, October lst and December 31st. The Fire Service Fee shall be calculated by multiplying the adjusted fire department budget for the year fire service is to be provided (consisting of the fire department budget less state fire aids received) times the value of the Taxable Tax Capacity within the Fire Service Area that is located in Otsego divided by the total Taxable Tax Capacity of the entire Fire Service Area, where the Taxable Tax Capacity is the Taxable Tax Capacity used to calculate the real property taxes due in the year fire service is provided. For example, if the fire department budget is $380,000, the Taxable Tax Capacity of the Fire Service Area area in Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire Fire Service Area is $10,000,000, then Otsego's annual payment to Albertville for that year under this Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000). Albertville shall issue a statement to Otsego by August of each year detailing the following year's estimated fire service amount due. In the event that Otsego disputes Albertville's calculations or the basis for the calculations, the parties shall within thirty (30) days after I such objections are delivered to Albertville meet and negotiate in good faith a resolution to the objections. 3. Otsego and Albertville's respective City Councils shall both appoint Council representatives to a joint Fire Advisory Subcommittee for the purpose of reviewing ongoing fire service under this Agreement, the proposed fire budget, to address issues arising from the Agreement, to review the operating and capital budgets, and to plan for future joint fire and emergency response services. The Subcommittees shall meet as often as is necessary, but shall meet at least two (2) times per year. The Subcommitttee shall consist of two elected officials from each City, the City Administrator of each City, the Finance Directors from each City and the Albertville Fire Chief. The Subcommittee shall develop a plan to address the long-term direction of the department. 4. Albertville shall take all reasonable steps to insure that it has at all times adequate fire fighting and medical personnel and equipment available and ready to provide protection to Otsego's citizens and property as provided for in this Agreement. 5. Albertville shall at all times keep in place liability insurance coverage to protect Otsego's interests and to fulfill Albertville's obligations under this Agreement in at least the amount of the maximum tort liability limits set forth in Minn. Stat. 466.04. 6. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out of the negligence of Albertville, its employees, officers or agents in performing its duties under this Agreement, provided such indemnification shall not exceed the maximum tort liability limits set forth in Minn. Stat. 466.04. 7. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, in the opinion of the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the part of the City of Albertville to answer such call and no person or party shall have recourse against the City of Albertville or City of Otsego for reasonable refusal to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firefighters, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending a pre-existing emergency, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, provided that Albertville makes all reasonable efforts to answer the fire or medical call in Otsego, including requests for mutual aid. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firefighters, or both, are needed to fight another fire in the Fire Service Area or to respond to another emerizency elsewhere in the Fire Service Area, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in his reasonable judgment, redeploy the firefighting equipment, volunteer firefighters and emergency response equipment as they deem necessary given the competing emergency situations. If a decision is made to leave a pre-existing fire in Otsego, Albertville shall utilize all resources reasonably at its disposal to provide alternative services to extinguish the fire in Otsego, including requests for mutual aid. The reasonable judgment of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville or the City of Otsego for any damages or losses resulting from such action or decision. d. The parties acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that in the event of concurrent fire calls or other concurrent emergencies within the Fire Service Area, Albertville will call for mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief or his Deputy. e. Third parties shall have no recourse under this Agreement against either party to the Agreement. f. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing firefighting equipment and firefighters, which equipment and firefighters could be called by the Chief or his Deputy to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if, in the sole reasonable judgment of the Chief or his Deputy, such additional fire fighting equipment/emergency response equipment and firefighters are needed to respond to an emergency in Otsego and are in fact called to such emergency by the Chief or his Deputy. Otsego shall be provided an itemized list and explanation for any additional costs incurred under this section and billed to Otsego. g. Otsego shall adopt an emergency services response fee ordinance that imposes a fee upon vehicle -related emergency responses occurring within the Fire Service Area that are responded to by Albertville. Such ordinance shall adopt the same fee schedule as Albertville's Ordinance Establishing Charges for Emergency Response Services for vehicle -related emergency responses. All such fees collected by Otsego shall be remitted to Albertville. 8. This agreement shall run for the period set forth in paragraph 1, provided, however, that this Agreement may be terminated by either party following one year's written notice to the other party. In such case, this Agreement shall terminate on the first December 31" following the first anniversary of the termination date (e.g., if a termination notice is served on October 17, 2014, this Agreement would terminate on December 31, 2015). Written notice of termination shall be effective upon personal service of the termination notice upon the City Clerk of the non -terminating city. 9. If requested, Albertville shall provide Otsego with the names and addresses of those parties served in Otsego with fire, medical or rescue services along with the incident report from the event. Otsego may bill such parties separately and keep the proceeds from such billings. 10. The City of Albertville shall require the City of Otsego City Administrator to review the Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form annually with any Fire Departments providing fire protection to the City of Otsego, and apportion the population and estimated market value (EMV) of the property in the jointly covered area (Minn. Stat. § 69.021, subd. 7, para. (c)). This review shall be completed prior to July Ist of each calendar year. If any changes to the apportionment percentages are necessary, these changes shall be signed by all individual Fire Departments and submitted to the MN Department of Revenue prior to August Ist of that same calendar year, to allow the changes to take effect the next calendar year. This change will then be reflected in each individual Fire Department's Minnesota Department of Revenue Form FA -1, Fire Equipment Certification. 11. All parties acknowledge that excessive false alarms constitute a public nuisance. The City of Otsego agrees to enact a false alarm ordinance substantially similar to that in force in Albertville and to enforce such false alarm ordinance and to collect and forward to the City of Albertville penalties and fees collected from properties within the Fire Service Area for excessive false alarms. 12. Albertville shall enforce its false alarm ordinance. 13. Albertville owns all fire/rescue equipment used by the fire department and shall have the sole discretion to determine when and how to dispose of such equipment, provided, however, that the proceeds from the sale of such equipment shall be credited to Albertville's fire department fund. 14. Albertville owns the fire hall and shall have the sole discretion to determine when and how to dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be credited to Albertville's fire department fund. a] IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 20-1-2 2017. By: CITY OF ALBERTVILLE CITY OF OTSEGO Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson City Clerk k, Jessica Stockamp, Mayor Tami Loff City Clerk 2018-2022 FIRE PROTECTION AGREEMENT WITH TBF CITY OF OTSEGO This agreement is made and entered into by and between the City of Albertville, a i i municipal corporation located in the County of Wright, State of Minnesota, and the City of Otsego, a municipal corporation located in the County of Wright, State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego identified on the Fire Service Area map attached as Exhibit A to this Agreement. Fire service provided by Albertville includes general structural and nonstructural, grass and forest, and vehicle firefighting and general rescue services including vehicle and equipment extraction and general search and rescue, hazardous materials response, fire code enforcement (but only on existing commercial and industrial structures located in the Fire Service Area) and surface -level ice and water rescue. Such fire protection and emergency medical response services shall be provided from January 1, 2018 through December 31, 2022, unless otherwise terminated pursuant to the terms of this Agreement. 2. Otsego shall pay Albertville a Fire Service Fee ("Fire Service Fee") annually according to the formula set forth in this paragraph in exchange for the provision of fire protection and emergency medical response services as described above. Annual payments shall be made in four equal installments on or before every April 1st, July lst, October I" and December 31st. The Fire Service Fee shall be calculated by multiplying the adjusted fire department budget for the year fire service is to be provided (consisting of the fire department budget less state fire aids received) times the value of the Taxable Tax Capacity within the Fire Service Area that is located in Otsego divided by the total Taxable Tax Capacity of the entire Fire Service Area, where the Taxable Tax Capacity is the Taxable Tax Capacity used to calculate the real property taxes due in the year fire service is provided. For example, if the fire department budget is $380,000, the Taxable Tax Capacity of the Fire Service Area area in Otsego is $3,000,000, and the total Taxable Tax Capacity of the entire Fire Service Area is $10,000,000, then Otsego's annual payment to Albertville for that year under this Agreement would be $114,000, calculated as $380,000 times ($3,000,000/$10,000,000). Albertville shall issue a statement to Otsego by August of each year detailing the following year's estimated fire service amount due. In the event that Otsego disputes Albertville's calculations or the basis for the calculations, the parties shall within thirty (30) days after such objections are delivered to Albertville meet and negotiate in good faith a resolution to the objections. 3. Otsego and Albertville's respective City Councils shall both appoint Council representatives to a Joint Fire Advisory Subconm-dttee for the purpose of reviewing ongoing fire service under this Agreement, the proposed fire budget, to address issues arising from the Agreement, to review the operating and capital budgets, and to plan for future joint fire and emergency response services. The Subcommittee shall meet as often as is necessary, but shall meet at least two (2) times per year. The Subcommitttee shall consist of two elected officials from each City, the City Administrator of each City, the Finance Directors from each City and the Albertville Fire Chief. The Subcommittee shall develop a plan to address the long-term direction of the department. 4. Albertville shall take all reasonable steps to insure that it has at all times adequate fire fighting and medical personnel and equipment available and ready to provide protection to Otsego's citizens and property as provided for in this Agreement. 5. Albertville shall at all times, keep in place liability insurance coverage to protect Otsego's interests and to fulfill Albertville's obligations under this Agreement in at least the amount of the maximum tort liability limits set forth in Minn. Stat, 466.04. 6. Albertville shall fully indemnify, hold harmless and defend Otsego from all claims arising out of the negligence of Albertville, its employees, officers or agents in performing its duties under this Agreement, provided such indemnification shall not exceed the maximum tort liability limits set forth in Minn. Stat. 466.04. 7. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, in the opinion of the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the part of the City of Albertville to answer such call and no person or party shall have recourse against the City of Albertville or City of Otsego for reasonable refusal to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firefighters, or both, are conu-nitted at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending a pre-existing emergency, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, provided that Albertville makes all reasonable efforts to answer the fire or medical call in Otsego, including requests for mutual aid. N c. In the event a fire or other emergency call by Otsego is answered by Albertville, but before the fire in question is extinguished or the emergency is full abated, the fire fighting equipment, emergency equipment, or volunteer firefighters, or any combination thereof, are needed to fight another fire or respond to another emergency elsewhere in the Fire Service Area, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in his reasonable judgment, redeploy the firefighting equipment, volunteer firefighters and emergency response equipment as they deem necessary given the competing emergency situations. If a decision is made to leave a pre-existing fire in Otsego, Albertville shall utilize all resources reasonably at its disposal to provide alternative services to extinguish the fire in Otsego, including requests for mutual aid. The reasonable judgment of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville or the City of Otsego for any damages or losses resulting from such action or decision. d. The parties acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that in the event of concurrent fire calls or other concurrent emergencies within the Fire Service Area, Albertville will call for mutual aid to serve one or all such emergencies as deemed necessary by the Fire Chief or his Deputy. e. Third parties shall have no recourse under this Agreement against either party to the Agreement. f. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing firefighting equipment and firefighters, which equipment and firefighters could be called by the Chief or his Deputy to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if, in the sole reasonable judgment of the Chief or his Deputy, such additional fire fighting equipment/emergency response equipment and firefighters are needed to respond to an emergency in Otsego and are in fact called to such emergency by the Chief or his Deputy. Otsego shall be provided an itemized list and explanation for any additional costs incurred under this section and billed to Otsego. g. Otsego shall adopt an emergency services response fee ordinance that imposes a fee upon vehicle -related emergency responses occurring within the Fire Service Area that are responded to by Albertville. Such ordinance shall adopt the same fee schedule as Albertville's Ordinance Establishing Charges for Emergency Response Services for vehicle -related emergency responses. All such fees collected by Otsego shall be remitted to Albertville. K 8. This agreement shall run for the period set forth in paragraph 1, provided, however, that this Agreement may be terminated by either party following one year's written -notice to the other party, In such case, this Agreement shall terminate on the first December 31't following the first anniversary of the ten-nination date (e.g., if a termination notice is served on October 17, 2018, this Agreement would terminate on December 31, 2019). Written notice of termination shall be effective upon personal service of the termination notice upon the City Clerk of the non -terminating city. 9. If requested, Albertville shall provide Otsego with the names and addresses of those parties served in Otsego with fire, medical or rescue services along with the incident report from the event. Otsego may bill such parties separately and keep the proceeds from such billings, except that the proceeds from vehicle -related responses shall be treated in accordance with the provisions of paragraph 7G above. 10. The City of Albertville shall require the City of Otsego City Administrator to review the Minnesota Department of Revenue Apportionment Agreement of Fire Service Area Form annually with any Fire Departments providing fire protection to the City of Otsego, and apportion the population and estimated market value (EMV) of the property in the jointly covered area (Minn. Stat. § 69.021, subd. 7, para. (c)). This review shall be completed prior to July 1st of each calendar year. If any changes to the apportionment percentages are necessary, these changes shall be signed by all individual Fire Departments and submitted to the MN Department of Revenue prior to August 1 st of that same calendar year,. to allow the changes to take effect the next calendar year. This change will then be reflected in each individual Fire Department's Minnesota Department of Revenue Form FA -1, Fire Equipment Certification. 11. All parties acknowledge that excessive false alarms constitute a public nuisance. The City of Otsego agrees to enact a false alarm ordinance substantially similar to that in force in Albertville and to enforce such false alarm ordinance and to collect and forward to the City of Albertville penalties and fees collected from properties within the Fire Service Area for excessive false alarms. 12. Albertville shall enforce its false alarm ordinance. 13.AlbertviRe owns all fire/rescue equipment used by the fire department and shall have the sole discretion to determine when and how to dispose of such equipment, provided, however, that the proceeds from the sale of such equipment shall be credited to Albertville's fire department fund. 14. Albertville owns the fire hall and shall have the sole discretion to determine when and how to dispose of it, provided, however, that the proceeds from the sale of the fire hall shall be credited to Albertville's fire department fund. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 2017. CITY OF ALBERTVILLE By: iA�T il"a 'J . jffliaHc�ndri�kson, Mayor ATTEST: KimberD//A. Hodena City Clerk CITY OF OTSEGO By: Jessica Stockamp, Mayor Tami Loff City Clerk