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r ACC0RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) kaft. 5/3/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER iCONTACT u.Anl :.....,._Tracy Haile, CISR Bearence Management Group IPHONE ta..Etlll. (800)797-2637 (L//�N�(es1)3TS-Teo1 E•MA1L ...._....___...,. 2010 Centre Pointe Blvd Apmss:thaile @bearenoe.com PRODUCER 00008169 WSTOMEF3.IAL_ Mendota Heights MN 55120 INSURER(s,),A- - _..__.._,_..._�._... i g .. ._ ..»._......... _......................... ............._ .... ..._.�...... AFFORDING COVERAGE NAIC tI INSURED � INSURERA:League of Minnesota Cities INSURER B: City of Bayport INSURER C: 294 North Third Street INSURER 0: • INSURER E: Bayport MN 55003 INSURER F; COVERAGES CERTIFICATE NUMBER:2012-2013 ALL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M6R; ._...._..... -1A15b1T§DWF._........_............_...___......._.....___ __..._..r.pOLiCYEFF __..POLICY EXP ; ..._ LTR TYPE OF INSURANCE I INSR j WW1 POLICY NUMBER IMM/DDNYYYY),(MM/DD/YYYY)I LIMITS GENERAL LIABILITY ` ' EACH OCCURRENCE $ 1,500,000 X COMMERCIAL GENERAL LIABILITY DAMA S(E occurrence) �'{ PREMISES(Ea occunence) $ 50,000 A MO CLAIMS-MADE i i OCCUR CDC 34060 3/30/2012 /30/2013 MEO EXP{Any one person $ 1,000 _ .__._............._._., _._.__._._..._._...._._..,._. • PERSONAL 6 ADV INJURY $ Included .......... J .._�..�,,,,_._....,.,...... i GENERAL AGGREGATE • 5.... ..._._. 0 __GEM AGGREGATE LIMIT APPLIES PER: - PRODUCTS AGG $ 2,000,000 1 POLICY j I EL :LOC S ...� AUTOMOBILE LIABILITY _ M . .-f.. COMBINED SINGLE LIMIT $ 1,500,000 (Ea accident) x ANY AUTO ? I 1 .._._ .__.. _..__ .._... .. BODILY INJURY(Per person) $ 3/30/2012 3/30/2013 --. _.—_........ ._....... A ALL OWNED AUTOS CNC 34060 BODILY INJURY(Per accident) S SCHEDULED AUTOS I PROPERTY DAMAGE $ HIRED AUTOS , • I (Per accident) NON-OWNED AUTOS Unssured motorist combined 5 Underinsured motorist 5 X UMBRELLA UAB ,,, OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS UAB - — -- .- _ X.CLAIMS-MADE; AGGREGATE $ ___..._ DEDUCTIBLE i S A !RETENTION $ NEL 7432 3/30/2012 3/30/2013 WORKERS COMPENSATION ; i WC STATU- I !OTH 1 S `� AND EMPLOYERS'LIABILITY YIN X licl LM.IT.S I ER t,..�, ,» ANY PROPRIETOR/PARTNERJEXECUTNE "'°" ACH ACCIDENT I$ 50O OFFICERIMEMBER EXCLUDED? N 1 A i E.L..L. 1.�.._ ,OQ� (Mandatory in NH) 200024930 4/1/2012 4/1/2013 E L.DISEASE-EA EMPLOYE 5 DESCRIPTION IPTION under j E.L.DISEASE-POLICY LIMIT!$ 1,500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Oak Park Heights is included as an additional insured for general liability as required by written contract or written . agreement with regards to the fire contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Oak Park Heights ACCORDANCE WITH THE POLICY PROVISIONS. 1416B Oak Park Blvd. N. PO Box 2007 AUTHORIZED REPRESENTATIVE Oak Park Heights, MN 55082 T Haile, CISR/HAILE , ,,,.y .i.,,, - •.p AGORD 25(2009/09) 01988-2009 ACORD CORPORATION. All rights reserved. INS02S 12009051 The ACORD name and logo are registered marks of ACORD • � 4 ti CITY OF OAK PARK HEIGHTS CONTRACT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT,by and between the City of Bayport,hereinafter termed"Bayport," and the City of Oak Park Heights, hereinafter termed "Oak Park Heights,"made this I Sr day of February, 2005. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon request,Bayport agrees to furnish the same fire equipment,personnel in fighting fires, and medical rescue services within the City limits of Oak Park Heights as Bayport would use in fighting its own fires, or providing medical rescue services, for a period of one (1) year from and after Fe o-U ct� , , 2005. 2. The cost to Oak Park Heights for this service shall be One Hundred Seventeen Thousand Nine Hundred Ninety Dollars ($117,990.00) for the one-year period of this contract, payable in four(4) equal payments in January,April,July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this Agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal or remedial action relating to any hazardous substance,pollutant or contaminant. 5. This Agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptable thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2006. CITY OF BAYPORT Attest: .J i'' jL`L� Gam ` is City Administrator Its Mayor CITY OF OAK PARK HEIGHTS _ tt_ S Its Ci r Administrator Its Mayor F:\Co on\2005 Files\City Council\Meetings\01.18.05\Fire contracts for OPH,Baytown,W.Lakeland2005.doc CITY OF OAK PARK HEIGHTS CONTRACT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT, by and between the City of Bayport, hereinafter termed "Bayport," anti the City of Oak Park Heights, hereinafter termed "Oak Park Heights," made this /j--day of February, 2004. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon request, Bayport agrees to furnish the same fire equipment, personnel in fighting fires, and medical rescue services within the City limits y of Oak Park Heights as Bayport would use in fighting its own fires, or providing medical rescue services, for a period of one (1) year from and after Feb /10 , 2004. 2. The cost to Oak Park Heights for this service shall be One Hundred Eighteen Thousand One Hundred Eighty Three Dollars ($118,183.00) for the one-year ( ear Y period of this contract, payable in four (4) equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this Agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal or remedial action relating to any hazardous substance, pollutant or contaminant. • 5. This Agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptable thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2005. CITY OF BAYPORT Attest: Its City Administrator Its Mayor F:\Common\2004 Files1City CouncillMeetings\01.12.041Fire Agreement.doc CITY OF OAK PARK HEIGHTS Attest:Its r t (lilt , y Admi - trator Its Mayor F:\Common\2004 Files\City Council\Meetings\01.12.04\Fire Agreement.doc CITY OF OAK PARK HEIGHTS r lir at CONTRACT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT, by and between the City of Bayport, hereinafter termed "Bayport," ad the City of Oak Park Heights, hereinafter termed "Oak Park Heights," made this 5 day of February, 2003. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon request, Bayport agrees to furnish the same fire equipment, personnel in fighting fires, and medical rescue services within the City limits of Oak Park Heights as Bayport would use in fighting its own fires, or providing medical rescue services, for a period of one(1)year from and after kb.Wirth , 2003. 2. The cost to Oak Park Heights for this service shall be Ninety Five Thousand Two Hundred Eighty Dollars ($95,280.00) for the one-year period of this contract, payable in four(4) equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this Agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal or remedial action relating to any hazardous substance, pollutant or contaminant. 5. This Agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptable thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2004. CITY OF BAYPORT Attest: 1-C64 9 ; Its-City Administ ator Its ayor F:\Common\2003 Files\Agreements\Fire Agnnnt 2003.doc i r , CITY OF OAK PARK HEIGHTS Attest: tfri, Its .ty A nistrator s Mayor F:\Common\2003 Files\Fire_Department\Fire Contracts.doc Oak Park Heights Request for Council Action Meeting Date February ii, 2003 Agenda Item Title Approve Contract with City of Bayport for Furnishing Fire Protection Time Required Agenda Placement Consent Originating Department/Requestor Administration/Judy Hoist Requester's Signature : - Action Requested Approve Contract with City of Bayport for Furnishing Fire Protection Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached contract and Bayport Resolution. 03 RESOLUTION NO. 03-17 EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA HELD FEBRUARY 3, 2003 Pursuant to due call and notice therefore, a regular meeting of the City Council of the City of Bayport, Minnesota was duly held at the Bayport City Hall in said municipality on the 3'd day of February, 2003, at 7:00 p.m. The following members were present: Councilmembers Schneider, Ridgway, Nowaczek, Kamps and Johnson. The following members were absent: None - Member Nowaczek introduced the following resolution and moved its adoption: RESOLUTION, CITY OF BAYPORT, WASHINGTON COUNTY, MINNESOTA, AUTHORIZING AN AGREEMENT FOR THE CITY OF BAYPORT TO FURNISH FIRE AND RESCUE SERVICES TO THE CITY OF OAK PARK HEIGHTS, WEST LAKELAND TOWNSHIP AND BAYTOWN TOWNSHIP. WHEREAS: The City of Oak Park Heights, West Lakeland Township and Baytown Township have requested fire and rescue services from the City of Bayport; and, WHEREAS: The City of Bayport is willing to provide said fire and rescue services to the City of Oak Park Heights, West Lakeland Township and Baytown Township; and NOW THEREFORE BE IT RESOLVED: By the City Council of the City of Bayport, Washington County, Minnesota, does hereby ordain as follows: 1) The City of Bayport approves an agreement for furnishing fire and rescue services to City of Oak Park Heights from March 1, 2003 through February 28, 2004 for a contract amount of$95,280. 2) The City of Bayport approves an agreement for furnishing fire and rescue services to Baytown Township from March 1, 2003 through February 28, 2004 for a contract amount of$24,899. 3) The City of Bayport approves an agreement for furnishing fire and rescue services to West Lakeland Township from March 1, 2003 through February 28, 2004 for a contract amount of$55,265. F:\Common\2003 Files\RESOLUTIONS\03-17 agreement to furnish tire and rescue services.doc Page 1 of 2 t 4) The Mayor and City Administrator are hereby authorized and directed to sign the contracts for the City of Bayport to provide fire protection and rescue services for the City of Oak Park Heights, West Lakeland Township and Baytown Township. The motion for adoption of the foregoing resolution was duly seconded by Member Johnson and upon roll call being taken thereon, the following voted via voice: Rick Schneider- aye Sharon Ridgway—aye Jon Nowaczek- aye Bob Kamps— aye Dan Johnson—aye Thereupon said resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Administrator. Passed by the City Council, City of Bayport, Washington County, Minnesota on this 3rd day of February, 2003. ATTEST: ndi Lindquist Ric Schneider Acting City Administra or Mayor F:\Conmron\2003 Files\RESOLUTIONS\03-17 agreement to furnish tire and rescue services.doc Page 2 of 2 • CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 FEB 2 6 2002 Phone: (651)439-2530 February 19, 2002 Ms. Kim Kamper City Administrator City of Oak Park Heights 14168 N Oak Park Blvd. Oak Park heights, MN 55082 Dear Kim: Enclosed is the contract for furnishing fire protection services to the City of Oak Park Heights. Please sign and return the original. Please feel free to call me at 439-2530 if you have any questions in regard to the contract. Sincerely, Nile L. Kriesel City Administrator h ` CITY OF OAK PARK HEIGHTS �- 14168 Oak Park Boulevard No • P.O.Box 2007 • Oak Park Heights,MN 55082-2007• Phone:651/439 4439 • Fax 651.1439-0574 February 27,2002 • - Nile:Kriesel In City terim Ci Administrator 294 North 3rd Street Bayport,MN 55003-1027 Dear Nile: Enclosed you will find the original contract for furnishing fire protection services to the, City of Oak Park Heights. I have made a copy for our city records.; I have also enclosed a letter addressed to you from Goodwill/Easter Seals regarding the Memorandum of Continuance-Agreements for 2002 for the City of Bayport. Please refer to the letter for processing instructions. Please let me know if you have any questions concerning these documents, Sincerely, Kimberly Kamer Acting Acting City Administrator Tree City U.S.A. 4 CITY OF OAK PARK HEIGHTS CONTRACT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT, by and between the City of Bayport, hereinafter termed "Bayport", and the City of Oak Park Heights, hereinafter termed "Oak Park Heights", made this 1 y glay of u , 2002. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon request, Bayport agrees to furnish the same fire equipment, personnel in fighting fires, and medical rescue services within the City limits of Oak Park Heights as Bayport would use in fighting its own fires, or providing medical rescue services, for a period of one (1) year from and after c: / , 2002. 2. - The cost to Oak Park Heights for this service shall be Eighty-Seven Thousand Eight Hundred Forty Seven Dollars ($87,847.00) for the one-year period of this contract, payable in four (4) equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of it employees in failing to carry out the strict terms of this Agreement. 4. Bayport, or it agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal or remedial action relating to any hazardous substance, pollutant or contaminant. 5. This Agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptable thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2003. CITY OF BAYPORT 'r 4.`+ ' Attest: t I s City Administrator Its Mayor CITY OF OAK PARK HEIGH Attest: 1111411114' 1(91,1' Its City Ad/ inistr-'or ] ' YEAR 2002 • FAIR SHARE FORMULA = COST X% USE+ % OF TOTAL VALUE TAX CAPACITY VALUE-2000 % OF TOTAL VALUE BAYPORT(Tax Capacity not adjusted since 1997 $3,663,211 22.25% ' Actual 2000 Tax Capacity is$1,919,718) OAKPARK HEIGHTS $6,907,002 41.96% BAYTOWN TOWNSHIP $2,010,590 12.21% WEST LAKELAND TWP. $3,881,853 23.58% TOTAL $16,462,656 100.00% ANNUAL FIRE AND RESCUE RUNS TOTAL 1998 1999 000 9 2 19 812000 AVERAGE % OF TOTAL • BAYPORT 92 113 147 352 117 34.82% OAK PARK HEIGHTS 106 134 162 402 3 0 1 4 39.76/o BAYTOWN TOWNSHIP 23 20 28 71 24 7.02% WEST LAKELAND TWP. 45 63 78 186 62 18.40% TOTAL • 1011 337 100.00% OAK PARK BAYTOWN WEST BAYPORT HEIGHTS TOWNSHIP LAKELAND ASSESSED VALUE 22.25% 41.96% 12.21% 23.58% % OF USE 34.82% 39.76% 7.02% 18.40% 57.07% 81.72% 19.24% 41.98% DIVIDED BY 2 28.53% 40.86% 9.62% 20.99% $215,000 BUDGET FAIR SHAR = $61,349 $87,847 $20,678 $45,126 and Rescue Runs" include false alarms and Carbon Monoxide alarms A FIRE-FAIR SHAREF D FAIR SHARE 2002 CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of Bayport, hereinafter termed "Bayport", and the City of Oak Park Heights, hereinafter termed "Oak Park Heights", made this first day of March, 2001. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 2001. 2. The cost to Oak Park Heights for this service shall be $78,090.00 for the one-year period of this contract, payable in four equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate. 5. This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2002. CITY OF BAYPORT Attest: /Y It City Administr. . T Its Ma or CITY OF OAK PARK HEIGHTS Attest: poi� °- Its City Administrator Its Mayor • YEAR 2001 FAIR SHARE FORMULA = COST X % USE+ % OF TOTAL VALUE 2 TAX CAPACITY VALUE- 1997 % OF TOTAL VALUE BAYPORT $3,663,211 23.8% OAKPARK HEIGHTS $6,728,690 43.7% BAYTOWN TOWNSHIP $1,925,858 12.5% WEST LAKELAND TWP. $2,728,684 20.0% TOTAL $15,046,443 100.0% ANNUAL FIRE RUNS 1995-1996-1997 AVERAGE % OF TOTAL BAYPORT 45 38.5% OAK PARK HEIGHTS 45 38.5% BAYTOWN TOWNSHIP 10 8.5% WEST LAKELAND TWP. 17 14.5% TOTAL 117 100.0% OAK PARK BAYTOWN WEST BAYPORT HEIGHTS TOWNSHIP. LAKELAND ASSESSED VALUE 23.8% 43.7% 12.5% 20.0% OF USE 38.5% 38.5% 8.5% 14.5% 62.3% 82.2% 21.0% 34.5% DIVIDED BY 2 31.15% 41.10% 10.50% 17.25% $190,000 BUDGET FAIR SHAR = $59,185 $78,090 $19,950 $32,775 *"Fire Runs" include false alarms and Carbon Monoxide alarms actual 2001 Budget is$203,000 FIRE-FAIR SHAREF D FAIR SHARE 2001 / 1 rD E ©mowE l FEB - l 200) 1 CITY OF BAYPORT 294 North 3rd Street Bayport, Minnesota 55003-1027 January 30, 2001 Phone: (651) 439-2530 Mr. Tom Melena City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Dear ea Tom: Please find enclosed a draft of the agreement between the City of Bayport and the City of Oak Park Heights for fire protection services. The City of Bayport is proposing to provide fire protection services to the City of Oak Park Heights in the year 2001 for $78,090.00. The $78,090.00 contract fee is the same as the fee established in the year 2000. As you requested, the new contract specifies paying the $78,090.00 contract fee in four equal payments in January, April, July and October. The City Council will be approving the fire protection contract between the City of Bayport and Oak Park Heights at its meeting of February 5, 2001. Following the meeting, I will have the appropriate Bayport individuals sign the contract. I will send two fully executed copies to the City of Oak Park Heights for signatures and filing. I am also enclosing, for your information, the year 2001 fair share formula for fire • protection services for the communities of Bayport, Oak Park Heights, Baytown Township and West Lakeland Township. The year 2001 fair share cost allocation formula is the same allocation as was used in 1999 and 2000. The City of Bayport has made a preliminary estimate of the year 2002 fair share formula cost allocation for fire and rescue services. To determine the fair share cost allocation for fire and rescue protection services for the respective communities, we used the following data: 1) Year 2000 tax capacity value for the communities of Oak Park Heights, p Y 9 B ay town Township an West Lakeland Township. The City of Ba yp ort used the tax capacity value established in 1997 of $3,663,211.00. The actual 2000 tax capacity of the City of Bayport is $1,919,718.00. The reduced tax capacity is a consequence of the Andersen Corporation's market value reduction in 1998. The City Council has instructed me to use the higher tax capacity value to minimize the impact on the other participating communities. 2) The annual fire and rescue runs made for each of the participating communities for the years of 1998, 1999 and 2000. 3) A Bayport fire department estimated 2002 budget of $210,000.00. I have provided a year 2002 fair share formula cost allocation sheet for your review as Attachment B. The estimated fair share formula allocation for the City of Oak Park Heights in the year 2002 is $85,804.00. This figure, however, could increase or decrease depending on the number of fire and rescue runs experienced in the City of Oak Park Heights in the year 2001. Additionally, if the Bayport City Council decides to increase the $210,000.00 fire department budget, it could also increase the contract amount for fire and rescue services for the City of Oak Park Heights. Following your review of the year 2001 contract and the year 2002 fire and rescue fair share formula, plea e contact me with any concerns or questions you may have. Sincere/'ys . net artung ty A%min'strator K /lmk Enclosures pc: Mayor and Councilmembers i I •. CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of Bayport, hereinafter termed "Bayport", and the City of Oak Park Heights, hereinafter termed "Oak Park Heights", made this first day of March, 2001. In consideration of the premises, it is mutually agreed upon by the parties hereto as follows: 1. Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of two (2) years from and after March 1, 2001. 2. The cost to Oak Park Heights for this service shall be $78,090.00 for the one-year period of this contract, payable in four equal payments in January, April, July and October. 3. Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement. 4. Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant • removal of or remedial action relating to any hazardous substance, pollutant or contaminate. 5. This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. 6. This Agreement shall terminate February 28, 2002. CITY OF BAYPORT Attest: Its City Administrator Its Mayor CITY OF OAK PARK HEIGHTS Attest: Its City Administrator Its Mayor YEAR 2002 FAIR SHARE FORMULA = COST X% USE + % OF TOTAL VALUE TAX CAPACITY VALUE -2000 % OF TOTAL VALUE BAYPORT(Tax Capacity not adjusted since 1997 $3,663,211 22.25% Actual 2000 Tax Capacity is $1,919,718) OAKPARK HEIGHTS $6,907,002 41.96% BAYTOWN TOWNSHIP $2,010,590 12.21% WEST LAKELAND TWP. $3,881,853 23.58% TOTAL $16,462,656 100.00% ANNUAL FIRE AND RESCUE RUNS TOTAL 1998 1999 2000 1998/2000 AVERAGE %OF TOTAL BAYPORT 92 113 147 352 117 34.82% OAK PARK HEIGHTS 106 134 162 402 134 39.76% BAYTOWN TOWNSHIP 23 20 28 71 24 7.02% WEST LAKELAND TWP. 45 63 78 186 62 18.40% TOTAL 1011 337 100.00% OAK PARK BAYTOWN WEST BAYPORT HEIGHTS TOWNSHIP LAKELAND ASSESSED VALUE 22.25% 41.96% 12.21% 23.58% % OF USE 34.82% 39.76% 7.02% 18.40% 57.07% 81.72% 19.24% 41.98% DIVIDED BY 2 28.53% 40.86% 9.62% 20.99% $210,000 BUDGET FAIR SHAR = $59,922 $85,804 $20,198 $44,076 *"Fire and Rescue Runs" include false alarms and Carbon Monoxide alarms 13 FIRE-FAIR SHAREF D FAIR SHARE 2002 CITY OF OAK PARK HEIGHTS 1,i M ... 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phottet65, 4?9-• Fax÷45 9..0-74 March i2, 2000 Kenneth H. Hartung City Administrator City of Bayport 294 North 3rd Street Bayport, MN 55003-1027 Dear Mr. Hartung: The City of Oak Park Heights City Council approved the Fire Protection Contract for the year 2000 at its March 1411 meeting. As requested,the appropriate Oak Park Heights officials have signed the documents. After the appropriate Bayport officials have signed the contracts, please return a copy for our files. We look forward to working with you this year. Should you have any questions regarding the enclosed contract, please contact me at (651) 439-4439. Sincerely yours, Kimberly J. Kamper Administrative Assistant e/P1/ or 6/P- 5/z6/00.1 Tree City U.S.A. CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of Bayport, hereinafter termed "Bayport" , and the City of Oak Park Heights, hereinafter termed "Oak Park Heights" , made this first day of March, 2000 . In consideration of the premises, it is mutually agreed upon by the parties hereto as follows : 1 . Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 2000 . 2 . The cost to Oak Park Heights for this service shall be $78 , 090 . 00 for the one year period of this contract, payable within thirty (30) days from the date hereof . 3 . Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement . 4 . Bayport, or its agents , officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate . 5 . This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. CITY OF BAYPORT Attest : /iii._:/_(_ -L3 40 0l I iiir pity Admini trat. Its Mayor TY OF OAK PARK HEIGHTS Attest:. .. :-.-\k•-•---.., \Nr.....,.....-----j.c) ..2,,, -....._ f / ,/ Its City Administrator Its Mayor • To: Council Members From: David Beaudet Subject: Fire Protection Date: 03-12-99 The purpose of this memo is to advise you of my findings as to the possibility of revising building code the allow negotiations with city staff to allow for building modifications that help both parties reach their goals. I have sat in on this type of arrangement in dealing with the City of Minneapolis and the Minneapolis Club. The process allows for adjustments within codes to achieve the safety goals of the city and allows building owners to modify a building without bringing it up to current standards. In the case of Stillwater Motors the cost of the new paint booth installed is $150,000. Under the current city ordinances prior to the installation of this equipment the entire building would require a sprinkler system. The cost to Stillwater Motors to sprinkle is in the ballpark of $600,000. The building, as it current stands with an existing paint booth is not required to be sprinkled under the current or proposed ordinance. To allow the building owner the paint booth the compromise might look like this. A 4 hour • fire wall construction to separation from room with paint booths to the rest of the building. In the next five years this bay is to have a sprinkler system installed and as the rest of the building is remodeled sprinkle piping would be installed in the building. After 12 years the entire building is to be sprinkled. I believe it is in the best interest of the city that this building be sprinkled, its complete in 12 years. The building owner has a new paint booth. The special fire provisions to the city ordinances were adopted several years ago. The city has forced owners of buildings without sprinkler systems to install these systems in order to add space or paint booths to their buildings . I do not believe that city staff, after forcing building owners to comply, will recommend changing the past practices of the city to allow a negotiated process. I recommend that the city adopt the latest version of this fire protection ordinance, the one option under this fire protection ordinance is storage building size and when fire protection is required. Under the current ordinance, all storage buildings larger storage than 2000 square feet must be sprinkled(4000 square feet is the other option). To keep the rules consistent we should adopt 2000 feet. CITY OF 2 0 2000 } OAK PARK ��HEIGHTS i') , ,- 14168 North 57th Street • P.O.Box,2007 • Oak Park Heights,MN 65082-2007• Phi • -4 • -March 22,'2000 Kenneth H Hartung City Administrator City of Bayport , ra 294.North 3 Street Bayport, MN 5500.3-102� Dear Mr. Hartung: The City of Oak Park Heights City.Council approved the Fire Protection Contract for the year 2000 at its March 14 meeting. As requested,the appropriate,Oak Park Heights officials have signed the documents. After the appropriate Bayport officials have signed the contracts, please return a copy for our files. We look forward to working with you this year. Should you have any questions regarding the enclosed contract,please contact me at (6 1)439-4439. . Sincerely yours, Kimberly J. Kampen Administrative Assistant Tree City U.S.A. CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of Bayport, hereinafter termed "Bayport" , and the City of Oak Park y Heights, hereinafter termed "Oak Park Heights" , made this first day of March, 2000 . In consideration of the premises, it is mutually agreed upon by the parties hereto as follows : 1 . Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 2000 . 2 . The cost to Oak Park Heights for this service shall be $78, 090 . 00 for the one year period of this contract, payable within thirty (30) days from the date hereof . 3 . Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement . 4 . Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate . 5 . This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. it CITY OF BAYPORT 'ity Admini trat• Its Mayor TY OF OAK PARK HEIGHTS (LL Attest: '= is City Administrator Its Mayor YEAR 2002 FAIR SHARE FORMULA = COST X% USE + % OF TOTAL VALUE TAX CAPACITY VALUE-2000 % OF TOTAL VALUE BAYPORT(Tax Capacity not adjusted since 1997 $3,663,211 22.25% Actual 2000 Tax Capacity is$1,919,718) OAKPARK HEIGHTS $6,907,002 41.96% BAYTOWN TOWNSHIP $2,010,590 12.21% WEST LAKELAND TWP. $3,881,853 23.58% TOTAL $16,462,656 100.00% ANNUAL FIRE AND RESCUE RUNS TOTAL 1998 1999 2000 1998/2000 AVERAGE %OF TOTAL BAYPORT 92 113 147 352 117 34.82% OAK PARK HEIGHTS 106 134 162 402 134 39.76% BAYTOWN TOWNSHIP 23 20 28 71 24 7.02% WEST LAKELAND TWP. 45 63 78 186 62 18.40% TOTAL 1011 337 100.00% OAK PARK BAYTOWN WEST BAYPORT HEIGHTS TOWNSHIP LAKELAND ASSESSED VALUE 22.25% 41.96% 12.21% 23.58% % OF USE 34.82% 39.76% 7.02% 18.40% 57.07% 81.72% 19.24% 41.98% DIVIDED BY 2 28.53% 40.86% 9.62% 20.99% $210,000 BUDGET FAIR SHAR = $59,922 $85,804 $20,198 $44,076 *"Fire and Rescue Runs"include false alarms and Carbon Monoxide alarms FIRE-FAIR SHAREF D FAIR SHARE 2002 To: Council Members From: David Beaudet Subject: Fire Protection Date: 03-12-99 The ose of this memo is to advise ise you of my findings as to the possibility of revising building code the allow negotiations with city staff to allow for building modifications that help both parties reach their goals. I have sat in on this type of arrangement in dealing with the City of Minneapolis and the Minnea p olis Club. The process allows for adjustments within codes to achieve the safety goals of the city and allows building owners to modify a building without bringing it up to current standards. In the case of Stillwater Motors the cost of the new paint booth installed is $150,000. Under the current city ordinances prior to the installation of this equipment the entire building would require a sprinkler system. The cost to Stillwater Motors to sprinkle is in the ballpark of $600,000. The building, as it current stands with an existing paint booth is not required to be sprinkled under the current or proposed ordinance. To allow the building owner the paint booth the compromise might look like this. A 4 hour fire wall construction to separation from room with paint booths to the rest of the building. In the next five years this bay is to have a sprinkler system installed and as the rest of the building is remodeled sprinkle piping would be installed in the building. After 12 years the entire building is to be sprinkled. I believe it is in the best interest of the city that this building be sprinkled, its complete in 12 years. The building owner has a new paint booth. The special fire provisions to the city ordinances were adopted several years ago. The city has forced owners of buildings without sprinkler systems to install these systems in order to add space or paint booths to their buildings . I do not believe that city staff, after forcing building owners to comply,will recommend changing the past practices of the city to allow a negotiated process. I recommend that the city adopt the latest version of this fire protection ordinance,the one option under this fire protection ordinance is storage building size and when fire protection is required. Under the current ordinance, all storage buildings larger storage than 2000 square feet must be sprinkled(4000 square feet is the other option). To keep the rules consistent we should adopt 2000 feet. it , • AGREEMENT FOR FIRE INSPECTION SERVICES THIS AGREEMENT made and entered into this 5- day of , 1999 by and between the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) , and the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) WITNESSETH: WHEREAS, Oak Park has requested Bayport to provide fire inspection services to be performed within its boundaries; and, WHEREAS, Bayport wishes to contract with Oak Park to perform fire inspection services within Oak Park' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Bayport and Oak Park as follows : I. SCOPE OF SERVICES 1 . Bayport agrees to provide through its Fire Department, fire inspection services for Oak Park. The Fire Chief of the Bayport Fire Department shall conduct and/or supervise the fire inspections for Oak Park under the terms of this Agreement . 2 . Except as otherwise specifically set forth herein, fire inspection services shall only include those types of inspections customarily conducted by the fire officials under law. 3 . The standards of performance, method of providing fire inspection services and other matters incidental to the performance of services under this Agreement including personnel to be employed shall be determined by Bayport . 4 . The Fire Chief of Bayport shall maintain a duplicate record of all fire inspections made for Oak Park. 5 . Bayport shall provide all fire inspections for Oak Park as are required by existing Oak Park Ordinances and such other reasonable inspections as may be deemed necessary by Oak Park in order to ensure compliance with the Fire Code. 6 . Oak Park shall collect Fifty Dollars ($50 . 00) for each fire inspection conducted by Bayport and shall pay the same to Bayport at least monthly. 7 . The Bayport Fire Chief shall have the exclusive authority to determine interpretations and applications of the Fire Code for inspection in Oak Park. Notwithstanding the forgoing, the Bayport Fire Chief shall confer with the City Administrator of Oak Park before issuing any such interpretations and applications of the fire code on projects within Oak Park. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park. 8 . Bayport reserves the right to decline to provide such fire inspection services with regard to any individual property within Oak Park when, under such circumstances, the Bayport Fire Chief determines that the specific service sought is beyond the scope of his department to be able to provide, or where under such other circumstances or existing workloads within the 2 Bayport Fire Department preclude a timely response for the request for such inspection services . II. GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Oak Park shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire inspection services pursuant to this Agreement . 2 . Bayport shall not assume any liability to supervise or enforce regulations of Oak Park or the State or Minnesota affecting fire inspections. 3 . Oak Park, its officers, agents and employees shall cooperate with and assist Bayport in the orderly performance of services to be provided for herein. 4 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 5 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park or any of its officers, agents or employees and Oak Park 3 herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park Heights, its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 6 . This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 7 . It is understood this Agreement contains the entire agreement between Oak Park and Bayport and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should 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 or provisions of this Agreement which appear unworkable or 4 III it insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . III. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of the date of its execution between the parties as set forth above. 2 . Termination. This Agreement shall terminate on December 31, 1999 unless otherwise renewed by the parties . IV. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement 5 for the provision of fire inspection services to Oak Park by Bayport, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of it affects individual projects, the fire inspection services as i P 7 P City of Bayport may retain Oak Park files for storage purposes for a reasonable P eriod of time as may be determined in the discretion Chief for Bayport . All o of the Fire h yp open and closed files affecting P fire inspection services to be rendered to Oak Park pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park and Oak Park shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. . CITY OF BAYPORT By: d Allen R. Schultz Its Mayor n 172 K= •th H. Hartung ` '/ T City Administr- •r C Y OF AK PARK HE GHT 4 By: / , David Schaaf Its Mayor B : J •� Ho JV t Deputy City Clerk 6 • ; • • AGREEMENT FOR FIRE INSPECTION SERVICES THIS AGREEMENT made and entered into this 5- day of A , 1999 by and between the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport" ) , and the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) WITNESSETH: WHEREAS, Oak Park has requested Bayport to provide fire inspection services to be performed within its boundaries; and, WHEREAS, Bayport wishes to contract with Oak Park to perform fire inspection services within Oak Park' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471 . 59 . NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Bayport and Oak Park as follows : I. SCOPE OF SERVICES 1 . Bayport agrees to provide through its Fire Department, fire inspection services for Oak Park. The Fire Chief P P of the Bayport Fire Department shall conduct and/or supervise the fire inspections for Oak Park under the terms of this Agreement . 2 . Except as otherwise specifically set forth herein, fire inspection services shall only include those types of inspections customarily conducted by the fire officials under law. 3 . The standards of performance, method of providing fire inspection services and other matters incidental to the II performance of services under this Agreement including personnel to be employed shall be determined by Bayport . 4 . The Fire Chief of Bayport shall maintain a duplicate record of all fire inspections made for Oak Park. 5 . Bayport shall provide all fire inspections for Oak Park as are required by existing Oak Park Ordinances and such other reasonable inspections as may be deemed necessary by Oak Park in order to ensure compliance with the Fire Code . 6 . Oak Park shall collect Fifty Dollars ($50 . 00) for each fire inspection conducted by Bayport and shall pay the same to Bayport at least monthly. 7 . The Bayport Fire Chief shall have the exclusive authority to determine interpretations and applications of the Fire Code for inspection in Oak Park. Notwithstanding the forgoing, the Bayport Fire Chief shall confer with the City Administrator of Oak Park before issuing any such interpretations and applications of the fire code on projects within Oak Park. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park. 8 . Bayport reserves the right to decline to provide such fire inspection services with regard to any individual property within Oak Park when, under such circumstances, the Bayport Fire Chief determines that the specific service sought is beyond the scope of his department to be able to provide, or where under such other circumstances or existing workloads within the 2 • • Bayport Fire Department preclude a timely response for the request for such inspection services . II. GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Oak Park shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire inspection services pursuant to this Agreement . 2 . Bayport shall not assume any liability to supervise or enforce regulations of Oak Park or the State or Minnesota affecting fire inspections . 3 . Oak Park, its officers, agents and employees shall cooperate with and assist Bayport in the orderly performance of services to be provided for herein. 4 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 5 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park or any of its officers, agents or employees and Oak Park 3 • • herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Oak Park Heights, its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 6 . This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . 7 . It is understood this Agreement contains the entire agreement between Oak Park and Bayport and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should 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 or provisions of this Agreement which appear unworkable or 4 r I . insufficient to perfect, maintain and ensure the purpose of this Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . III. EFFECTIVE AND TERMINATION DATES 1 . Effective Date . This Agreement shall be in effect as of the date of its execution between the parties as set forth above . 2 . Termination. This Agreement shall terminate on December 31, 1999 unless otherwise renewed by the parties . IV. ADDITIONAL PROVISIONS 1 . Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement 5 f M 411 110 1 1 for the provision of fire inspection services to Oak Park by Bayport, copies of all notices of claim shall be provided both ' parties to this Agreement . 3 . Storage of Closed Files . Upon the completion of fire inspection services as it affects individual projects, the City of Bayport may retain Oak Park files for storage purposes for a reasonable period of time as may be determined in the discretion of the Fire Chief for Bayport . All open and closed files affecting fire inspection services to be rendered to Oak Park pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park and Oak Park shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. . CITY OF BAYPORT By: C5�,� Allen R. Schultz Its Mayor , K= ,.th H. Hartung T City Administr= •r C Y OF •AK PARK HE GHT 1 By: 4 David Schaaf Its Mayor tI BY: t /d'til / 3' Ho it Deputy City Clerk 6 410 ENCLOSURE 6 AGREEMENT FOR FIRE INSPECTION SERVICES 4 THIS AGREEMENT made and entered into this J day of , 1999 by and between the City of Bayport, State of Minnesota (hereinafter referred to as "Bayport") , and the City of Oak Park Heights, State of Minnesota (hereinafter referred to as "Oak Park" ) WITNESSETH: WHEREAS, Oak Park has requested Bayport to provide fire inspection services to be performed within its boundaries; and, WHEREAS, Bayport wishes to contract with Oak Park to perform fire inspection services within Oak Park' s boundaries; and, WHEREAS, such agreements are authorized by Minnesota Statute 471. 59 . • NOW, THEREFORE, IT IS MUTUALLY AGREED by and between Bayport and Oak Park as follows : I. SCOPE OF SERVICES • 1 . Bayport agrees to provide through its Fire Department, fire inspection services for Oak Park. The Fire Chief of the Bayport Fire Department shall conduct and/or supervise the fire inspections for Oak Park under the terms of this Agreement . 2 . Except as otherwise specifically set forth herein, fire inspection services shall only include those types of inspections customarily conducted by the fire officials under law. 3 . The standards of performance, method of providing fire inspection services and other matters incidental to the 111 • • performance of services under this Agreement including personnel to be employed shall be determined by Bayport . 4 . The Fire Chief of Bayport shall maintain a duplicate record of all fire inspections made for Oak Park. 5 . Bayport shall rovide all fire inspections pections for Oak Park as are required by existing Oak Park Ordinances and such other reasonable inspections as may be deemed necessary by Oak Park in order to ensure compliance with the Fire Code. 6 . Oak Park shall collect Fifty Dollars ($50 . 00) for each fire inspection conducted by Bayport and shall pay the same to Bayport at least monthly. 7 . The Bayport Fire Chief shall have the exclusive authority to determine interpretations and applications of the Fire Code for inspection in Oak Park. Notwithstanding the forgoing, the • Bayport Fire Chief shall confer with the City Administrator of Oak Park before issuing any such interpretations and applications of the fire code on projects within Oak Park. Enforcement of fire code requirements by way of judicial action for either criminal or civil sanction shall remain the exclusive responsibility of Oak Park. 8 . Bayport reserves -the right to decline to provide such fire inspection services with regard to any individual property within Oak Park when, under such circumstances, the Bayport Fire Chief determines that the specific service sought is beyond the scope of his department to be able to provide, or where under such other circumstances or existing workloads within the 2 • j Bayport Fire Department preclude a timely response for the request 411 for such inspection services . II. GENERAL TERMS AND CONDITIONS The parties further agree as follows : 1 . Oak Park shall not assume any liability for the direct payment of any salary, wage or other compensation to any Bayport employee for performing fire inspection services pursuant to this Agreement . 2 . Bayport shall not assume any liability to supervise or enforce regulations of Oak Park or the State or Minnesota affecting fire inspections . 3 . Oak Park, its officers, agents and employees shall cooperate with and assist Bayport in the orderly performance of • services to be provided for herein. 4 . Oak Park, its officers, agents and employees shall not assume liability for any intentional or negligent act of Bayport or any of its officers, agents or employees and Bayport herewith agrees to hold Oak Park, its officers, agents and employees harmless from any intentional or negligent act of any employee of the City of Bayport its officers, agents and further agrees to defend Oak Park, its officers, agents and employees, from any claim for damages resulting from the negligent act of Bayport, its officers, agents or employees in performance of this Agreement . 5 . Bayport, its officers, agents and employees shall not assume liability for any intentional or negligent act of Oak Park or any of its officers, agents or employees and Oak Park • 3 • S herewith agrees to hold Bayport, its officers, agents and employees harmless from any intentional or negligent act of any employee of 41/ the City of Oak Park Heights, its officers, agents and further agrees to defend Bayport, its officers, agents and employees, from any claim for damages resulting from the negligent act of Oak Park, its officers, agents or employees in performance of this Agreement . 6 . This Agreement shall remain in effect unless terminated pursuant to the provisions of this Paragraph. Either party may terminate this Agreement only upon providing ninety (90) days advance written notice to the other. All such notices shall be sent using registered or certified mail to the addresses specified herein. Further, each party shall notify the other of their intent to renew this Agreement for an additional year on or before October 1st of every year during which this Agreement is in force . • 7 . It is understood this Agreement contains the entire agreement between Oak Park and Bayport and that no statement, promise or inducements have been made to any party hereto, or any officer, agent or employee of either party hereto which is not contained within this written Agreement . This Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed herein. It is expressly understood between the parties hereto and this understanding should 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 or provisions of this Agreement which appear unworkable or 4 • . • insufficient to perfect, maintain and ensure the purpose of this 111 Agreement, and any change to the original provisions of the Agreement mutually acceptable to both parties shall be written and attached to this Agreement as provided above and any such revision, addition or deletion shall only apply to the provision so revised, added or deleted, and the remainder of this Agreement shall remain in full force and effect . III. EFFECTIVE AND TERMINATION DATES 1. Effective Date. This Agreement shall be in effect as of the date of its execution between the parties as set forth above. 2 . Termination. This Agreement shall terminate on December 31, 1999 unless otherwise renewed by the parties . • IV. ADDITIONAL PROVISIONS 1. Arbitration. In the event of any dispute arising between the parties as it affects the interpretation, construction or application of this Agreement to the extent the same cannot be resolved by negotiation between the parties, the same shall be submitted to the American Arbitration Association for purposes of arbitration and the cost thereof shall be equally born by the parties . 2 . Insurance . Each party hereto shall maintain insurance in the minimum amounts as specified by Minnesota Statute §466 . 04 . In the event of a notice of claim being filed with either party affecting or arising out of the operation of this Agreement • 5 411 S for the provision of fire inspection services to Oak Park by Bayport, copies of all notices of claim shall be provided both parties to this Agreement . 3 . Storage of Closed Files . Upon on the completion of fire inspection services as it affects individual projects, the City of Bayport may retain Oak Park files for storage purposes for a reasonable period of time as may be determined in the discretion of the Fire Chief for Bayport . All open and closed files affecting fire inspection services to be rendered to Oak Park pursuant to the terms and provisions of the Agreement shall remain the exclusive property of Oak Park and Oak Park shall remain as the responsible authority to respond to request for public or private data as is otherwise specified and provided for within Minnesota Statute §13 . 01, et seq. . • CITY OF BAYPORT - i Qo BY: at"-‘--tr--- Allen R. Schultz ` Its Mayor K= -th H. Hartung T City Administr. •r C Y OF OAK PARK HEIGHTS By: David Schaaf Its Mayor By: Thomas Melena Its City Administrator 5 6 F • } • r CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of y Bayport, hereinafter termed "Bayport" , and the City of Oak Park Heights, hereinafter termed "Oak Park Heights" , made this first day of March, 1999 . In consideration of the premises, it is mutually agreed upon by the parties hereto as follows : 1 . Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 1999 . 2 . The cost to Oak Park Heights for this service shall be $78 , 090 . 00 for the one year period of this contract, payable within thirty (30) days from the date hereof . 3 . Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement . 4 . Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees ees to indemnify and y hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate. 5 . This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. . I . CITY OF BAYPORT Attes : 1 -..e.k-1...°Pre.all,°;_-42Z.e,A.., ' '2 dor ./Lt _'o'er .X"-(-44p I it Admin' -;' y lstra � r Its Mayor CITY OF OAK PARK HEIGHTS Attest : --\----L \C\‘ \(\c---- --C)" ----,--`.--- /4,744V4,7 Its City Administrator Its Mayor • • • 0 tE © [E, _\'‘z ' 1,,,,,.‘,i,:,,,,,,...,,,\ FEB _ 5.- :-9gg7_._FT:::.';,--:,\i CITY OF BAYPORT �, 294 North 3rd Street Bayport, Minnesota 55003-1027 Phone: (651) 439-2530 February 4 , 1999 Tom Melena, City Administrator City of Oak Park Heights P.O. Box 2007 Stillwater, MN 55082 Dear Tom: Please find enclosed two (2) copies of an Agreement Between Oak Park Heights and the City of Bayport for Bayport to furnish fire protection. The contract language has not changed from the 1998 Contract with the exception of changing the dates in which the Agreement will be enforced to state the 1st day of March, 1999, through February 29, 2000, and that the contract amount for 1999 is $78 , 090 . 00 . Please review the Agreements . If you find the Agreements to be in order, please have the appropriate Oak Park Heights officials sign the Agreements and return one to me for our files . Thank you for your attention to this matter, Should you have any que tions about the contents of this letter or the Agreement, . ease contact me at (651) 439-2530 . Sincer 1" ■ .urs Ci /dmin ' _ .! p. . Brad -.rmic ael, Fire Chief • • • • CITY OF OAK PARK HEIGHTS AGREEMENT FOR FURNISHING FIRE PROTECTION THIS AGREEMENT by and between the City of Bayport, hereinafter termed "Bayport" , and the City of Oak Park Heights, hereinafter termed "Oak Park Heights" , made this first day of March, 1999 . In consideration of the premises, it is mutually agreed upon by the parties hereto as follows : 1 . Upon the request of Oak Park Heights, Bayport agrees to furnish the same fire equipment and personnel in fighting fires within the City limits of Oak Park Heights as they would use in fighting their own fires, for a period of one (1) year from and after March 1, 1999 . 2 . The cost to Oak Park Heights for this service shall be $78, 090 . 00 for the one year period of this contract, payable within thirty (30) days from the date hereof . 3 . Bayport shall not be liable for any non-willful act on the part of any of its employees in failing to perform any of the terms and conditions required to be performed, nor for any decisions of judgment on the part of any of its employees in failing to carry out the strict terms of this agreement . 4 . Bayport, or its agents, officers and employees shall not be liable to any person or entity for costs, damages, expenses or other liability and Oak Park Heights agrees to indemnify and hold the City or its agents, officers and employees harmless from any costs, damages or other liability arising from the providing of Emergency Response Services with regard to any hazardous substances, pollutant or contaminant, including any costs associated with the contaminant removal of or remedial action relating to any hazardous substance, pollutant or contaminate . 5 . This agreement may be renewed from year to year upon terms agreeable to both parties and upon acceptance thereof by formal action of each party. V 111 41/ 0 • CITY OF BAYPORT Attes : I ALPsred6AdMe,,r ittre49' _, ilied-c_.Aoe, ,X-1-44- I ity Administra i(r Its Mayor CITY OF OAK PARK HEIGHTS tj- Attest : _\-)%\• ,-,. \C\C \i ..-C)- ----,--<-- "'l‘ffd,/& Its City Administrator Its Mayor