HomeMy WebLinkAbout2014 Contract CITY OF OAK PARK HEIGHTS AND CITY OF BAYPORT
2014 CONTRACT TO FURNISH FIRE PROTECTION
THIS CITY OF OAK PARK HEIGHTS AND CITY OF BAYPORT 2014 CVRACT TO
FURNISH FIRE PROTECTION (the "Agreement") is made as of this day of
7ALiNA&Q_AL,-1 , 2014, by and between the City of Bayport, Minnesota ("Bayport") and the City
of Oak Park Hei hts, Minnesota("Oak Park Heights").
1. Recitals. Bayport maintains medical rescue service equipment and fire-fighting trucks
equipped with hose and water tanks suitable for use in the protection of property against loss by fire in
urban and rural areas outside of Bayport corporate limits. Oak Park Heights does not maintain medical
rescue service equipment or fire-fighting equipment of its own, and desires to purchase the services of
Bayport for fire and medical rescue services within the corporate limits of Oak Park Heights.
2. Provision of Vehicles Equipment and Personnel. In consideration of the promises and
the mutual covenants hereinafter contained, Bayport agrees, subject to the terms and conditions
hereinafter set forth, upon call for fire or medical rescue services within Oak Park Heights requesting
Bayport's assistance for emergency medical rescue service or for fighting fires, to send a vehicle or
vehicles, equipment and driver and additional personnel, if available, with reasonable dispatch to said
medical rescue emergency or fire. The Bayport Fire Chief or his agent shall have the unfettered
discretion to dispatch such vehicle(s), equipment and personnel, if any, as deemed necessary to respond to
said call. Upon arrival at the scene of the fire or medical rescue emergency, as the case may be,the driver
and other personnel furnished by Bayport shall use said vehicle(s) and equipment as may be necessary in
fighting said fire or providing medical rescue emergency services.
3. Payment for Services. The cost to Oak Park Heights for the services provided by this
Agreement is Two Hundred Sixteen Thousand One Hundred Ninety Seven Dollars ($216,197.00) for the
one-year period of this Agreement, payable in four equal payments in January, April, July and October.
This amount shall be paid regardless of whether the services of Bayport contemplated by this Agreement
are utilized by Oak Park Heights. The computation for services to be provided hereunder is consistent
with the formulas previously agreed upon allocating the costs of these services between Bayport, Oak
Park Heights, the Town of West Lakeland, and the Town of Baytown, all of which are within Bayport's
service area for fire and medical rescue emergency services.
4. Pa ent for Additional Services. The following fee schedule represents Bayport's
adopted fees for services related to:
1) Hourly Fees - Calls may be separately billable to an impacted party within Oak Park
Heights (not the City of Oak Park Heights) for fire or medical rescue emergency services. Bayport may
independently bill impacted parties for such services where payment is justifiable and in excess of the
Payment for Services as outlined in Paragraph 3. Bayport shall copy Oak Park Heights on any such
billing notice sent.
2) Permits, Reports and Inspections - Permits and fees for Burning Permits and Fire
Incident Reports will be invoiced by the City of Bayport to the impacted party(not the City of Oak Park
Heights). In the event any permit or fee is inconsistent with the State Building Code as adopted by
Bayport and Oak Park Heights,the State Building Code shall prevail.
Permits,Reports and Inspections
Burning permit $ 20.00
Incident Fire Reports $ 25.00
Inspection fee—Fire suppression system(includes up to three $250.00, plus $75.00 per additional
inspections) inspection
Inspection fee—Commercial (cooking)hood fire suppression
system $75.00
HOURLY FEES
Use of en & e/tanker $ 250.00/hr
Use of fire chief $ 75.00
Use of fire engine $ 250.00/hr
Use of grass fire vehicle $ 125,00/hr
Use of ladder truck $ 350.00/hr
Use of light rescue $ 125.00/hr
Use of special rescue $ 250.00/hr
Use of tanker $ 200.00/hr
Use of utility vehicle $75,00
5. Operations. The operation of the vehicle(s) and the direction of their use at the scene of
the fire or medical rescue emergency, together with said equipment, shall be directed by the Chief, or
Assistant Chief, of the Bayport Fire Department if they are present at the fire or medical rescue
emergency. Otherwise, said operation and direction shall be in the charge of the driver of said vehicle(s)
deployed to the fire or medical rescue emergency.
6. Insurance Coverage. Bayport shall maintain general liability insurance for its services
rendered under this Agreement and shall include Oak Park Heights as an additional insured for the term
of this Agreement and any extension thereof. Bayport shall maintain insurance equal to or greater than
the maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section 466.04,
Subdivision 1, as amended. Bayport shall also maintain inland marine, automobile, and property
insurance coverage. Bayport shall provide Oak Park heights proof of such insurance coverage and the
additional insured endorsement naming Oak Park Heights annually, by the anniversary date of this
Agreement. Bayport shall also maintain workers' compensation coverage as required by law.
7. Indemnification. Bayport agrees to defend and indemnify Oak Park Heights against any
claims brought or actions filed against Oak Park Heights or any officer, employee, or volunteer of Oak
Park Heights for injury to,death of, or damage to the property of any third person or persons, arising from
Bayport's performance of services under this Agreement. Under no circumstances, however, shall
Bayport be required to pay on behalf of itself and Oak Park Heights, any amounts in excess of the limits
on liability established in Minnesota Statutes, Chapter 466, applicable to any one party. The limits of
liability for Oak Park Heights and Bayport may not be added together to determine the maximum amount
of liability for Bayport. The intent of this subdivision is to impose on Bayport a limited duty to defend
and indemnify Oak Park Heights for claims arising out of the performance of this Agreement subject to
the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend
and indemnify is to simplify the defense of claims by eliminating conflicts between the parties and to
permit liability claims against both parties for a single occurrence to be defended by a single attorney.
8. 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.
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9. Good Faith- Availabilit y of Vehicles Equip ment and Personnel. Bayport will act in
good faith in sending vehicle(s), equipment and personnel to any fire or medical rescue emergency, and
no liability shall attach to Bayport by reason of any such fire or medical rescue emergency or by reason of
any negligent act or omission of the driver(s) or any of the personnel sent by Bayport in connection with
the work of fighting any fire or providing medical rescue services; and it is particularly understood that
Bayport will not be obligated to send vehicle(s), equipment and personnel upon call therefor unless,in the
unfettered judgment of the Bayport Fire Chief or his agent, said vehicle(s), equipment and personnel are
not required at the time in connection with fighting any fire or providing medical rescue services existing
elsewhere in Bayport's service area. Shall road or weather conditions be, in the unfettered judgment of
the Bayport Fire Chief or his agent, unfavorable in furnishing of vehicle(s), equipment and personnel at
the time, Bayport is not obligated to respond to said call, and should a medical rescue emergency arise or
a fire start within the corporate limits of Bayport during the time such vehicle(s), equipment and
personnel are traveling to a fire or medical rescue emergency arising in Oak Park Heights, the vehicle(s),
equipment and personnel may be taken or sent back to Bayport, in the unfettered judgment of the Bayport
Fire Chief or his agent. Bayport and its officers, employees and volunteers shall not be liable to Oak Park
Heights or any other person for any failure to furnish assistance under this Agreement or for recalling
assistance as provided herein. The parties hereto understand and agree that Bayport will endeavor to
reasonably provide the services indicated herein given the circumstances, but Bayport makes no
guarantees that the services it actually provides in a given situation will meet any particular criteria or
standard.
10. Ownership. Bayport owns the buildings, vehicles and equipment associated with its Fire
Department and the amounts paid by Oak Park Heights hereunder do not give rise to any ownership
interest in, or responsibility towards,those items.
11. Termination. Unless otherwise amended or continued by agreement of the parties hereto,
this Agreement shall terminate on December 31,2014.
12, Service Contract. This Agreement 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.
13. Severability. The provisions of this Agreement shall be deemed severable. If any part of
this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the
day and year first above written.
CITY OF BAYPORT, MINNESOTA
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CITY OF OAK PARK HEIGHTS,MINNESOTA
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