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Home My WebLink About[06] Fire Contract ST.JOSEPH Fire Board Agenda Item FIRE DEPT. MEETING DATE: August 3, 2016 AGENDA ITEM: Fire Contract BACKGROUND INFORMATION: The City and Townships of St.Joseph and St. Wendel have entered into an agreement for fire services. The last agreement was entered into in May 2006 and included a 10 year term. The Board has been discussing the different provisions within the contract and how to address transitioning contributions when annexations take way land from the Fire District. In particular the most recent example is Waite Park annexing the remaining portion of the property in the St.Joseph/Waite Park OAA. This annexation requires a larger contribution for both the City of St.Joseph and St. Wendel Township. The proposed draft includes a provision that provides for a five year transition for annexations. The other changes include references to the meeting time and dates. I tried to leave it more discretionary for the time as the contract had 8:00 PM and we have always been meeting at 6:00 PM. Also,we have canceled some meetings as we had not business so I included the minimum times the board had to meeting, reducing from four to three. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Action Draft Fire Contract Estimated Fire Apportionment Impact REQUESTED ACTION: Provide Direction FIRE CONTRACT CITY OF ST. JOSEPH/TOWN OF ST. JOSEPH AND THE TOWN OF ST. WENDEL THIS AGREEMENT, made and entered into this day of , by and between the City of St. Joseph, a municipa] corporation of the State of Minnesota, hereinafter referred to as "St. Joseph", as party of the first part and the Town of St. Wendel, a political subdivision of the County of Stearns, State of Minnesota, hereinafter referred to as "St. Wendel", as part of the second part. It is agreed by and between the parties hereto that this agreement shall be entered into pursuant to Minnesota Statutes, Section 471.59, known as the "Joint Powers Act". WHEREAS, the City of St. Joseph and the Township of St. Joseph presently own emergency equipment and a fire hall which has been operated by the City and its advisory board with an efficient staff of firefi�hters including a fire chief, an assistant chief, and volunteer firefighters who have served on a voluntary basis for many years, WHEREAS, St. Wendel wishes to contract with St. Joseph for emergency services for those sections of St. Wendel Township southerly of County Road #4 and Quail Road with the exception of all driveways off these roads including all of Section 16 as these areas will be serviced by another fire department, and WHEREAS, the parties to this agreement wish to provide far the joint funding of the emergency service. THE PARTIES TO THE CONTRACT AGREE AS FOLLOWS: ARTICLE 1 AUTHORITY This agreement has been authorized by the City Council of the City of St. Joseph, and consented to by the Town Board for St. Joseph Township, and authorized and agreed to by the Town Board of the Township of St. Wendel pursuant to authority of its electors. ARTICLE II FIRE PROTECTION & RESCUE SERVICE St. Joseph agrees to provide fire protection and rescue service to those sections of St. Wendel Township lying to the South of County Road #4 and Quail Road, except for buildings or residences with driveway access off either of the aforementioned roadways, and except for Section 16. Emergency services will be provided in accordance with the terms of this agreement. ARTICLE III PROPERTY INTEREST St. Wendel shall acquire no proprietary interest in any property or equipment purchased. All equipment shall remain the property of the City of St. Joseph and the Township of St. Joseph. ARTICLE IV RESERVE FUND CONTRIBUTION As further consideration for this agreement, St. Wendel agrees to pay an annual contribution to a special fund, to be known as the "Equipment Reserve Fund" which is included in the annual budget. St. Wendel's annual contribution shall be based upon their proportionate share of the amount annually allocated to the Reserve Fund. The proportionate share shall be determined by the comparative net tax capacity of all areas served by the St. Joseph Community Fire Department. The Equipment Reserve Fund is to be used only for equipment purchased by the St. Joseph Community Fire Department. It is not a maintenance fund. St. Wendel shall not acquire any proprietary interest in any property purchased with money from this fund. All payments to this fund shall be made to the City Treasurer of the City of St. Joseph. ARTICLE V MAINTENANCE AND CONTROL (A) Apparatus. Equipment shall be stored and maintained at the location of the City and the Township of St. Joseph owned Fire Hall in the City of St. Joseph. The control and ownership of the purchased equipment shall be retained by the City of St. Joseph and the Township of St. Joseph. The cost of maintenance and insurance shall be paid from an operating fund to be maintained as a separate fund hereinafter referred to as the "Joint Operating Fire Fund". (B) Fire Hall. The Fire Hall shall be heated, maintained, insured and controlled by the City subject to recommendation made by the Advisory Fire Board. The cost of such heating, utilities, maintenance, including debt retirement and insurance shall be paid from the "Joint Operating Fire Fund". The cost of the heat, maintenance, utilities and insurance for the entire building shall be pro-rated on the basis of the usage of the area occupied by the emergency equipment in the complex, as compared to other non-related uses. Debt retirement shall be included annually in the Joint Operating Fire Fund Budget in an amount to fully provide for the annual debt requirements. St. Wendel shall not acquire any proprietary interest in the Fire Hall. ARTICLE VI JOING OPERATING FIRE FUND CONTRIBUTION Prior to the commencement of each calendar year of this contract, St. Joseph shall approve a budget of operating expenses for the ensuing calendar year as may be recommended by the Advisory Fire Board. St. Joseph and St. Wendel shall deposit in advance, quarterly contributions with the St. Joseph City Treasurer, who shall maintain a special fund to be known as the "Joint Operating Fire Fund". As an example, for the year 2006 St. Wendel shall contribute 22.21 per cent of the estimated quarterly cost. After the year 2006, quarterly contributions to the Joint Operating Fire fund shall be proportionate to the net tax capacity percentage of the prior calendar year, as such figures become available from the County Assessor's Office and shall be applied to the annual budget to be paid quarterly. For purposes of this contract, the net tax capacity shall be determined by adding City and Township of St. Wendel owned property but other tax-exempt property shall be excluded. Funds shall be disbursed by the St. Joseph City Clerk/Administrator/Treasurer only for the purposes defined in Article V. The Advisory Fire Board shall request a quarterly accounting of this fund from the City Clerk/Administrator's office and such accounting in report form shall show a record of receipts and disbursements. In the event St. Joseph Township or St. Wendel Township has a reduction in property due to annexation, it shall be their responsibility ro notify the Board of the chan�e in land inass. If the Jurisdiction loses land mass after the bud�et is adopted, they shall be responsible for the contribution adopted by the Board until such a time the hudget for the followin�year is set. For the next five years the Jurisdiction losing land mass will pay a proportionate share of the lost contribution based on the last full � cu»tribution. The contribution shall be declining as follows: 50%, 40%, 30%, 20%, and 10%the fifth .�� As an exainple: The Citv of St Cloud annexes a portion of land in the Cit ov f St• Joseph with a market value of$ 33,000,000. The CitYof St. Joseph notifies the Board on Februarv I, 2016 and their annual Fire Contribution is $ 100,000. The City would be responsible for the full 2016 contribution. For the year 20l 7 the City of St. Joseph shall be responsible for pa�ng 50% of the fire contribution based on the lost �narket value In 2018 40%' 2019 30%' 2020 20%' 2010 10%. ARTICLE VII USE OF EQUIPMENT The equipment jointly purchased shall be used within the designated area of St. Joseph City and St. Joseph Township, and St. Wendel Township and not elsewhere except as follows: a. In adjacent areas where a fire or emergency may spread to any city or town. b. To assist neighboring fire departments as may be mutually agreed under a reciprocal a�,�reement with such fire department. c. Any area adjacent to the city and township of St. Joseph with which a contract for protection exists at the time this agreement is executed. It shall be the duty of the City Council of the City of St. Joseph to provide volunteers in sufficient numbers to maintain a staff of firefighters to answer emergency calls and to operate all available equipment in such a manner so as not to fall below the minimum standards set forth in the National Fire Protection Association (NFPA) Standards. The St. Joseph City Council may appoint or approve persons residing in the St. Wendel for membership in the volunteer fire department. The dispatching and operation of the emergency equipment shall be in charge of the Chief of the Fire Department, or in his/her absence shall be in the hands of the assistant chief. If neither is available, the person previously appointed for this purpose shall be in charge. The volunteers shall answer emergency calls in the order of their priority without regard to the authority of the person giving the alarm. ARTICLE VIII FIREFIGHTERS' RELIEF FLTND All funds received by either St. Joseph or St. Wendel for the Firefighters Relief Fund shall be set aside for that purpose only and shall not be used as a part of the Joint Operating Fund. ARTICLE IX LIABILITY—GOVERNMENTAL FUNCTIONS —PROTECTIVE CLAUSES In all of the joint agreements defined in this contract, the parties to the ageement shall be deemed to be exercising their governmental functions so that each shall not be liable to the other for any negligence of its officers, employees, firefighters or agents. Specifically, without limiting the effect of the foregoing language in the preceding paragraph, the City and Town of St. Joseph, and its officers, employees and firefighters shall not be liable for any of the following acts or omissions: Failure to answer an emergency call or failure to answer an emergency call promptly; for any trespass or damage to persons or property whether necessary or unnecessary in connection with going to, returning from any fire or rescue call, or in serving at any fire or rescue pursuant to a call. The volunteers under the direction of the Fire Chief or his assistant, shall always leave part of the equipment and sufficient firefighters to operate such equipment available for fighting fires in the community which is not being served by an emergency or emergency call. As an illustration, in the event of an emergency occurring in St. Wendel, sufficient equipment and firefighters shall be left in the St. Joseph City limits for the purpose of fighting any fire that may arise within the City or St. Joseph Township limits during the time the emergency in St. Wendel is being managed. The Fire Chief, or his assistant, shall also have full and complete authority to withdraw any emergency equipment from an emergency in progress in the event that a more serious emergency shall occur in an area served by the fire department during the progress of the emergency. ARTICLE X DEFAULTS The St. Wendel Town Board shall annually recominend a levy to the voters of the Town at its annual meeting to raise by tax levy or otherwise sufficient funds to pay all of its obligations under this contract. In case of defaults of over sixty(60) days in the making of any payments due for the Joint Operating Fire Fund, it is agreed that a penalty of an additional one and one half(1 '/z%) percent per month shall be added to each payment which is more than sixty(60) days in default. It is hereby agreed that emergency service to the defaulting governmental unit may be discontinued at the request of the Advisory Fire Board until the default is removed. ARTICLE XI ADVISORY FIRE BOARD An Advisory Fire Board has previously been established by St. Joseph. This Board will facilitate the performance of this contract through its life. Said Board shall :,�.,�,� , ��:�� *',^.,#��t��-�` ,. ��',"- " ��*;,�,�:�mect quarterly; ho�ve��cr. in the e��ent the Board does not business to conduct a meetin� shall not be required that quarter. T11e Board shall meet �lo less than tl�ree 3 times each year. The first quarterly meeting shall be held on the first Wednesday in February of each year at �:n��a ti��e established bv I the Board. The remaining quarterly meetings shall be held on the first Wednesday of May, August, and November of each year, �r�-�l�:�ta time established by the Board.. Unless such board fixes a different meeting place and date, the meeting shall be held at � the�St. Joseph Coinmunit.y Fire u„�� :,, .�,o r;��, „+e� �„�or�, on said dates. Each jurisdiction and the Fire Chief shall have one vote on the Fire Advisory Board. ARTICLE XII TERM OF THIS CONTRACT � This contract shall expire July 1, �2022 or at an earlier date if either St. Joseph or St. Wendel shall notify the other part in writing at least one year in advance of its intended cancellation of this agreement. Notice must be reeeived prior to establisllin� tl�e bud�et for the ��precedin�the inte��t to cancel. This contract may be renewed for an equal period of time at the option of the parties to the agreement. On any termination of the contract, all of the property acquired during the life of the agreement shall belong to the City and the Township of St. Joseph in accardance with the ownership percentages set forth in separate agreements between the City and the I Township of-St. Joseph. If St. Wendel cancels the agreement, or if the agreement is not renewed by either party, or if any one party refuses to renew the contract, then and in those events, St. Wendel shall not be reimbursed for any contributions made to the fire department for purchases, maintenance or otherwise. ARTICLE XIII EXISTING AGREEMENTS St Wendel acknowledges the existing agreeinent between the City of St. Joseph and the Town of St. Joseph, a copy of which is annexed hereto for reference. It is agreed that this agreement is subject to the attached agreement and any extensions thereof. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of , 200 . CITY OF ST. JOSEPH By Mayor By Clerk/Administrator TOWN OF ST. WENDEL By Chair of Town Board By Town Clerk TOWN OF ST. JOSEPH By Chair of Town Board By Town Clerk �� ''�� ; ��„ ��ry�. � ��;�� `�.��.�, �� ,_ ��. �� £ $ � .�.,�� r�� : `�', " �� = '^ �. �, `�,zw. �� .. �a k� �� ._ ��.. ��'�,�,4.' �y 3 "Q>��t-y t`4" . . 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A �:$�'".:.:. �a..�.�. �` ��' � 3 � d4 " �Xt:; § � �4.�.bi.� �^�'``�'$m.�� , �:R��A� 1' �"� �°'.�, �«��F&"!S, � .�'i` ��,� :� , , �� ';�� , �� :. ��., �� =.�., �i k� � a �,: ,. ��, �,��f< ��a��:• �� i,� ��:� �� .ti<_ � _ Estimated Fire Apportionment Impact 2016 Market Valuation Jurlsdlcatlan Market Value Appropriatlon% -- ----- St. Wendel Township $ 136,789,700.00 21.19% St. Joseph Township $ 2p2,486,800.00 31.37% City of St. Joseph $ 306,246,900.00 47.4496 $ 645,523,400.00 a�.� �.�:` ro � ,y �,y�. f St. Wendei Township $ 136,789,700.00 ' 22.303'0 St. Joseph Township $ 202,486,800.00 27.77% $ (32,166,900.00) $ 170,319,900.00 City of St. Joseph $ 306,246,900.00 49.9396 $ 613,356,500.00 , � .. . . . , . � �,. 2016 Approved Operation Debt Service St. Wendel Township $ 45,792.64 $ 19,994.88 St. Joseph Township $ 67,792.12 $ 29,600.72 City of St Joseph $ 102,520.20 $ 44,764.40 _ . . . . ,, . . . ,�;. , . , .; . . . 2016-Annex Impact Operation Debt Service St. Wendel Township $ 48,191.42 $ 21,042.00 St. Joseph Township $ 60,012.36 S 26,203.77 City of St. Joseph $ 107,901.23 $ 47,113.95 ],,q�� , . . . �. - :�+ . y ' . .� , . . . �. �' . " ., .., ..• :. . ' ,e A . ,�'�� f�'+�+�'''�`a.,. : . .. �. Increase Operation Debt Service (Decrease) St. Wendel Township $ 2,398.78 $ 1,047.12 $ 3,445.90 St. Joseph Township $ (7,779.76j $ (3,396.95) $ (11,176.71) City of St. Joseph $ 5,381.03 $ 2,349.55 $ 7,730.58 IVote: In 2013 Waite Park Annexed a section of St. Joseph Township with an estimated market va/ue of$5,785,700. 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I � � , � , , , � �.- - - � _ , �_ �+.�I:'ra;.�i;l ef r >J IL>4��rv. .Il !.o...\�pF\wwwo��3�..9N�M�ll��e i�l .:�5 n.f PL'19�1 II�LJt�iV FIRE CONTRACT CITY OF ST. JOSEPH/TOWN OF ST. JOSEPH AND THE TOWN OF ST. WENDEL THIS AGREEMENT, made and entered into this day of by and between the City of St. Joseph, a municipal corporation of the State of Minnesota, hereinafter referred to as "St. Joseph", as party of the first part and the Town of St. Wendel, a political subdivision of the County of Stearns, State of Minnesota, hereinafter referred to as "St. Wendel", as part of the second part. It is agreed by and between the parties hereto that this agreement shall be entered into pursuant to Minnesota Statutes, Section 471.59, known as the "Joint Powers Act". WHEREAS, the City of St. Joseph and the Township of St. Joseph presently own emergency equipment and a fire hall which has been operated by the City and its advisory board with an efficient staff of firefighters including a fire chief, an assistant chief, and volunteer firefighters who have served on a voluntary basis for many years, WHEREAS, St. Wendel wishes to contract with St. Joseph for emergency services for those sections of St. Wendel Township southerly of County Road 44 and Quail Road with the exception of all driveways off these roads including all of Section 16 as these areas will be serviced by another fire department, and WHEREAS, the parties to this agreement wish to provide for the joint funding of the emergency service. THE PARTIES TO THE CONTRACT AGREE AS FOLLOWS: ARTICLE 1 AUTHORITY This agreement has been authorized by the City Council of the City of St. Joseph, and consented to by the Town Board for St. Joseph Township, and authorized and agreed to by the Town Board of the Township of St. Wendel pursuant to authority of its electors. ARTICLE II FIRE PROTECTION& RESCUE SERVICE St. Joseph agrees to provide fire protection and rescue service to those sections of St. Wendel Township lying to the South of County Road 44 and Quail Road, except for buildings or residences with driveway access off either of the aforementioned roadways, and except for Section 16. Emergency services will be provided in accordance with the terms of this agreement. ARTICLE III PROPERTY INTEREST St. Wendel shall acquire no proprietary interest in any property or equipment purchased. All equipment shall remain the property of the City of St. Joseph and the Township of St. Joseph. ARTICLE IV RESERVE FUND CONTRIBUTION As further consideration for this agreement, St. Wendel agrees to pay an annual contribution to a special fund, to be known as the "Equipment Reserve Fund"which is included in the annual budget. St. Wendel's annual contribution shall be based upon their proportionate share of the amount annually allocated to the Reserve Fund. The proportionate share shall be determined by the comparative net tax capacity of all areas served by the St. Joseph Community Fire Department. The Equipment Reserve Fund is to be used only for equipment purchased by the St. Joseph Community Fire Department. It is not a maintenance fund. St. Wendel shall not acquire any proprietary interest in any property purchased with money from this fund. All payments to this fund shall be made to the City Treasurer of the City of St. Joseph. ARTICLE V MAINTENANCE AND CONTROL (A) Apparatus. Equipment shall be stored and maintained at the location of the City and the Township of St. Joseph owned Fire Hall in the City of St. Joseph. The control and ownership of the purchased equipment shall be retained by the City of St. Joseph and the Township of St. Joseph. The cost of maintenance and insurance shall be paid from an operating fund to be maintained as a separate fund hereinafter referred to as the "Joint Operating Fire Fund". (B) Fire Hall. The Fire Hall shall be heated, maintained, insured and controlled by the City subject to recommendation made by the Advisory Fire Board. The cost of such heating, utilities, maintenance, including debt retirement and insurance shall be paid from the "Joint Operating Fire Fund". The cost of the heat, maintenance, utilities and insurance for the entire building shall be pro-rated on the basis of the usage of the area occupied by the emergency equipment in the complex, as compared to other non-related uses. Debt retirement shall be included annually in the Joint Operating Fire Fund Budget in an amount to fully provide for the annual debt requirements. St. Wendel shall not acquire any proprietary interest in the Fire Hall. ARTICLE VI JOING OPERATING FIRE FUND CONTRIBUTION Prior to the commencement of each calendar year of this contract, St. Joseph shall approve a budget of operating expenses for the ensuing calendar year as may be recommended by the Advisory Fire Board. St. Joseph and St. Wendel shall deposit in advance, quarterly contributions with the St. Joseph City Treasurer, who shall maintain a special fund to be known as the "Joint Operating Fire Fund". As an example, for the year 2006 St. Wendel shall contribute 22.21 per cent of the estimated quarterly cost. After the year 2006, quarterly contributions to the Joint Operating Fire fund shall be proportionate to the net tax capacity percentage of the prior calendar year, as such figures become available from the County Assessor's Office and shall be applied to the annual budget to be paid quarterly. For purposes of this contract, the net tax capacity shall be determined by adding City and Township of St. Wendel owned property but other tax-exempt property shall be excluded. Funds shall be disbursed by the St. Joseph City Clerk/Administrator/Treasurer only for the purposes defined in Article V. The Advisory Fire Board shall request a quarterly accounting of this fund from the City Clerk/Administrator's office and such accounting in report form shall show a record of receipts and disbursements. ARTICLE VII USE OF EQUIPMENT The equipment jointly purchased shall be used within the designated area of St. Joseph City and St. Joseph Township, and St. Wendel Township and not elsewhere except as follows: a. In adjacent areas where a fire or emergency may spread to any city or town. b. To assist neighboring fire departments as may be mutually agreed under a reciprocal agreement with such fire department. c. Any area adjacent to the city and township of St. Joseph with which a contract for protection exists at the time this agreement is executed. It shall be the duty of the City Council of the City of St. Joseph to provide volunteers in sufficient numbers to maintain a staff of firefighters to answer emergency calls and to operate all available equipment in such a manner so as not to fall below the minimum standards set forth in the National Fire Protection Association (NFPA) Standards. The St. Joseph City Council may appoint or approve persons residing in the St. Wendel for membership in the volunteer fire department. The dispatching and operation of the emergency equipment shall be in charge of the Chief of the Fire Department, or in his/her absence shall be in the hands of the assistant chief. If neither is available, the person previously appointed for this purpose shall be in charge. The volunteers shall answer emergency calls in the order of their priority without regard to the authority of the person giving the alarm. ARTICLE VIII FIREFIGHTERS' RELIEF FUND All funds received by either St. Joseph or St. Wendel for the Firefighters Relief Fund shall be set aside for that purpose only and shall not be used as a part of the Joint Operating Fund. ARTICLE IX LIABILITY—GOVERNMENTAL FUNCTIONS —PROTECTIVE CLAUSES In all of the joint agreements defined in this contract, the parties to the agreement shall be deemed to be exercising their governmental functions so that each shall not be liable to the other for any negligence of its officers, employees, firefighters or agents. Specifically, without limiting the effect of the foregoing language in the preceding paragraph, the City and Town of St. Joseph, and its officers, employees and firefighters shall not be liable for any of the following acts or omissions: Failure to answer an emergency call or failure to answer an emergency call promptly; for any trespass or damage to persons or property whether necessary or unnecessary in connection with going to, returning from any fire or rescue call, or in serving at any fire or rescue pursuant to a call. The volunteers under the direction of the Fire Chief or his assistant, shall always leave part of the equipment and sufficient firefighters to operate such equipment available for fighting fires in the community which is not being served by an emergency or emergency call. As an illustration, in the event of an emergency occurring in St. Wendel, sufficient equipment and firefighters shall be left in the St. Joseph City limits for the purpose of fighting any fire that may arise within the City or St. Joseph Township limits during the time the emergency in St. Wendel is being managed. The Fire Chief, or his assistant, shall also have full and complete authority to withdraw any emergency equipment from an emergency in progress in the event that a more serious emergency shall occur in an area served by the fire department during the progress of the emergency. ARTICLE X DEFAULTS The St. Wendel Town Board shall annually recommend a levy to the voters of the Town at its annual meeting to raise by tax levy or otherwise sufficient funds to pay all of its obligations under this contract. In case of defaults of over sixty (60) days in the making of any payments due for the Joint Operating Fire Fund, it is agreed that a penalty of an additional one and one half(1 /z%)percent per month shall be added to each payment which is more than sixty (60) days in default. It is hereby agreed that emergency service to the defaulting governmental unit may be discontinued at the request of the Advisory Fire Board until the default is removed. ARTICLE XI ADVISORY FIRE BOARD An Advisory Fire Board has previously been established by St. Joseph. This Board will facilitate the performance of this contract through its life. Said Board shall have no less than four (4) regular meetings each year. The first quarterly meeting shall be held on the first Wednesday in February of each year at 8:00 p.m. The remaining quarterly meetings shall be held on the first Wednesday of May, August, and November of each year, at 8:00 p.m.. Unless such board fixes a different meeting place and date, the meeting shall be held at the City Hall in the City of St. Joseph on said dates. Each jurisdiction and the Fire Chief shall have one vote on the Fire Advisory Board. ARTICLE XII TERM OF THIS CONTRACT This contract shall expire July 1, 2016 or at an earlier date if either St. Joseph or St. Wendel shall notify the other part in writing at least one year in advance of its intended cancellation of this agreement. This contract may be renewed for an equal period of time at the option of the parties to the agreement. On any termination of the contract, all of the property acquired during the life of the agreement shall belong to the City and the Township of St. Joseph in accordance with the ownership percentages set forth in separate agreements between the City and the Township of St. Joseph. If St. Wendel cancels the agreement, or if the agreement is not renewed by either party, or if any one party refuses to renew the contract, then and in those events, St. Wendel shall not be reimbursed for any contributions made to the fire department for purchases, maintenance or otherwise. ARTICLE XIII EXISTING AGREEMENTS St. Wendel acknowledges the existing agreement between the City of St. Joseph and the Town of St. Joseph, a copy of which is annexed hereto for reference. It is agreed that this agreement is subject to the attached agreement and any extensions thereof. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of , 200 CITY OF ST. JOSEPH By Mayor By Clerk/Administrator TOWN OF ST. WENDEL By Chair of Town Board By Town Clerk TOWN OF ST. JOSEPH By Chair of Town Board By Town Clerk . . " fIRE CONTRACT CITY OF ST. JOSEPH AND TOWN OF. ST. JOSEPH THIS AGREEMENT, made and entered into this 1st day of July, 1996, by and between the city of st. Joseph, a municipal cQrporation of the State of Minnesota, hereinafter referred to as the city, and the Town of st. Joseph, a political sUbdivision of the County of Stearns, state of Minnesota, hereinafter referred to the Town. It is agreed by and between the ~arties hereto that this agreement shall be entered into pursuant to. Minnesota statutes, Section 471.59, known as the "Joint Powers Act". The parties agree as follows: ARTICLE I. Explanatory Matter WHEREAS, the City presently owns the Fire Hall and emergency equipment is jointly owned by the City and Town, which has been operated with an efficient staff of fire fighters including a fire chief, an assistant fire chief, and. volunteer fire fighters who have served on a voluntary basis for many years. After several conferences and study, the respecti ve City Council and Town Board have found and do hereby find it to be necessary and advisable to jointly purchase f,tre fighting and emergency equipment for use in preventing and extinguishing fires and emergency needs arising within the City limits and also within the limits of the Township of st. Joseph. The purpose of this Agreement is to provide for the joint purchase of such equipment and for its use in the area involved; which is the territory Page 1 , ' , . " contained in said city and Town and in any other territory which is or may become lawfully included in this Agreement at some later time by mutual consent of all parties involved. This agreement has been authorized by the City council of the city of st. Joseph and by the Town Board of the Township of st. Joseph pursuant to authority of its electors. ARTICLE II. Purchase of Emergency services All purchases of emergency services by Municipalities other than the City of st. Joseph and st. Joseph Township shall be paid to: the Joint Operating Fire Fund. ARTICLE III. Ownership of Equipment The city and Town shall each acquire an undivided one-half interest as part owner in the jointly purchased equipment. ARTICLE IV. Joint Purchase fire Fund (Article tv was deleted) ARTICLE V. Maintenance and control. A -:. APPARATUS: The jointly purchased equipment shall be stored and maintained at the location of the city owned Fire Hall in the City of :st. Joseph. The control of the purchased equipment shali be retained by the city and the Town except as provided for in Article XI. The cost of maintenance and insurance shall be paid from an operating fund to be maintained as a separate fund hereinafter Page 2 referred to as the "Joint operating Fire Fund." B.. - FIRE HALL: The city owned Fire Hall shall be heated, maintained, insured and controlled by the city and Town subject to recommendations ;made by the Joint Advisory Board. The cost of such. heating, utili ties, maintenance, including debt retirement and insurance shall be paid from the Joint operating Fire Fund". The cost of heat, maintenance, utilities and insurance for the entire building shall be pro-rated on the basis of the usage of the area occupied by the fire equipment in the complex as compared to the area used for non-fire department business. C - FUTURE FIRE HALL SITE ACQUISITION AND FUTURE FIRE HALL CONSTRUCTION, OWNERSHIP, MAINTENANCE AND CONTROL. The city of st. Joseph and the Township of st. Joseph may jointly acquire and own property as and for a future joint fire hall site. Further, the city and Town may jointly construct, maintain and control any future fire hall as may be deemed necessary by and between the City of st. Joseph and the Town of st. Joseph. That the rights and responsibilities of the city of st. Joseph and the Township of st. Joseph with regard to the acquisition, ownership, construction, maintenance, and control of such future fire hall shall not be governed by the other terms and conditions of this agreement but shall be governed by terms set forth in separate memoranda of understanding which have (and will in the future) be entered into between the city of st. Joseph and the st. Joseph TownShip. The purpose of this amendment is to clearly set forth that the Page 3 city of st. Joseph and the Township of st. Joseph have agreed, pursuant to Minnesota statutes section 471.59, known as the "Joint Powers Act," to jointly acquire, own, construct, maintain and control future fire hall sites and fire halls under the "Joint Powers Act." ARTICLE VI. Joint Operating Fire Fund The city and Town agree that annually, prior to the commencement of each calendar year Of this contract, they shall mutually approve a budget of operating expenses for the ensuing calendar year as may be recommended by the Joint Advisory Fire Board, hereinafter defined in this contract. The city and Town shall deposit in advance, quarterly contributions with the City Treasurer, who shall maintain a special fund to be known as the "Joint Operating Fire Fund." For the year 1996, the Town shall contribute 43.76 percent of the estimated quarterly cost and the city shall contribute 38.26 percent of the estimated quarterly cost. After the year 1996, quarterly contributions to the Joint operating Fire Fund shall be proportionate to the net tax capacity percentage of the most current calendar year, as such figures become available from the County Assessor's Office and shall be applied to the next succeeding year as soon as available. Funds shall be disbursed by the city clerk/Administrator/Treasurer only for the purposes defined in Article V. Page 4 '. The Joint Advisory Board shall request a quarterly accounting ot this fund from the city Clerk/Administrator/Treasurer and such abcotinting in report form shall show a record of receipts and disbursements, shall be forwarded to the city Council and to the Town Board within thirty (30) days following the close of each q1ilarter. ARTICLE VII Use of Equipment The equipment jointly purchased shall be used within the area of the city and Town and not elsewhere except as follows: a. In adjacent areas where an emergency may spread to such City or Town. b. To assist neighboring fire departments as may be mutually agreed under a reciprocal agreement with such fire department, emergency situations as determined by the officer in charge. c. Any area adjacent to the City and Town with which a current or future contract for protection has been or may be negotiated, providing such contract shall call for proportionate participation as may be agreed upon by all parties concerned. It shall be the duty of the City Council of the City of st. Joseph, on the recommendation of the Joint Advisory Fire Board, to provide volunteers in sufficient numbers to maintain a staff of firefighters to answer emergency calls and to staff all available equipment in such a manner so as not to fall below the minimum standards set forth by the National Fire Protection Association Page 5 (NFPA) standards. The City Council shall approve persons residing in the St. Joseph fire service area for membership in the volunteer fire departnient. The dispatching and operation of the fire fighting equipment shall be in charge of the Chief of the Fire Department, or in his/her absence shall be in the hands of the assistant chief. If neither is available, the person previously appointed for this purpose shall be in cha:,:ge. The volunteers shall answer emergency calls in the order of their priority without regard to the authority of the person giving the alarm. ARTICLE VIII. Firefighters Relief Fund All funds received by either the city or the Towns for the St. ~oseph Volunteer Firefighters' Relief Fund shall be set aside for that purpose only and shall not be used as a part of the Joint operating Fund. ~TICLE IX Liability - Governmental Functions - Protective Clauses In.all of the joint agreements defined in this contract, the City of st. Joseph and the Town of st. Joseph shall be deemed to be exercising their governmental functions so that each shall not be liable to the other ~or any negligence of its officers, employees, firefighters or agents. Specifically, without limiting the effect of the foregoing language in the preceding paragraph, the City and its officers, employees, and firefighters shall not be liable for any of the following acts or omissions: Failure to answer an emergency call Page 6 or failure to answer an emergency call promptly; for any trespass or damage to persons or property whether necessary or unnecessary in connection with going to, or returning from any emergency call, or in serving at any emergency pursuant to a call. Should any claims be brought against either or both of the parties to this agreement, its officers, employees, firefighters or agents arising out of or relating to the performance of or the failure to perform certain acts contemplated by this agreement, including but not limited to, failure to answer an emergency call or failure to answer an emergency call promptly, fire rekindles, t~espass or damage to persons or property in connection with going to, returning from or extinguishing any fire or.in serving at any emergency pursuant to a call, to the extent not covered by such person's or either municipalities insurance policies, the parties to this agreement shall have the fOllowing responsibilities: 1. The cost of the defense of any such claim shall be funded through the Joint Operating Fire Fund. 2. The cost of any settlement prior to judgment or any judgment sh~ll be funded through the Joint operating Fire Fund. ARTICLE x. Defaults The city council shall annually raise a tax levy or otherwise provide sufficient funds to pay all of its obligations under this contract. The Town BOard shall annually recommend a levy to the voters of the Township at its annual meeting to raise by tax levy Page 7 or otherwise sufficient funds to pay all of its obligations under this contract. In case of defaults of over Sixty (60) days in the making of any payments due for the Joint operating Fire Fund, it is agreed that a penalty of an additional One and One Half (1~ %) percent per month shall be added to each payment which is more than sixty (60) days in default. It is hereby agreed that fire service to the defaulting governmental unit may be discontinued at the request of the Joint Advisory Fire Board until the default is removed. ARTICLE XI. Joint Advisory Fire Board The established Joint Advisory Fire Board is hereby continued to facilitate the performance of this contract throughout its life. Such Board shall have powers specifically given in any other articles of this contract and shall have power to make recommendations to the City council and the Town Board to improve cooperation and efficiency in carrying out the intent of this contract and to make recommendations for amendments and supplements to this contract. The memberShip of said bOard shall consist of one member from the City Council, one member from the Town Board, and one member from the volunteer staff of firefighters. The City member shall be appointed by the city Council; the Town member shall be appointed by the Town Board; and the member from the volunteer staff of firefighters shall be the Fire Chief or his appointee. said Board shall have no less than four (4) regular meetings Page 8 '<" . ." each year. The first quarterly meeting shall be held on the first Wednesday in February of each year at 8:00 P.M. The remaining q~arterly meetings shall be held on the first Wednesday of May, August, and November of each year at 8:00 P~M. Unless such board fixes a different meeting place and date, the meeting shall be held at the city Hall in the City of st. Joseph on said dates. In every calendar year prior to the month of February, the City Council and the Town Board shall name a member to said Advisory Board. Such members shall hold office from the first Wednesday in February until the first Wednesday in February of the following year. If the city or Town fails to make such appointment in a timely manner, the previous incumbent shall continue in office until such successor is named. Vacancies occurring shall be filled for the unexpired term by the respective city councilor Town Board or Fire Chief. Said Board may adopt rules not inconsistent with this contract for the purpose of carrying out its duties hereunder. ARTICLE XII. Life of This Contract This contract shall expire Ten (10) years from its date or at an earlier date when either the City of the Town shall notify the other party in writing at least one year in advance of its intended cancellation of this agreement. This contract may be renewed for an equal period of time at the option of the City Council and the Town Board. On any termination of the contract, all of the property Page 9 '(' .. r " ~ jointly acquired shall belong to the remaining party and the party requesting termination shall be compensated in money for its fair share of the value of the property at the time of termination in proportion to'the net tax capacity of the respective parties at the time termination is accomplished. If the parties cannot arrive at a fair value between them within six (6) months after termination is requested, the matter shall be submitted to binding arbitration pursuant to the terms of Minnesota statutes, Chapter 572. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this Ie ~ day of :;r~ , 19U. CITY OF ST JOSEPH ByL~~ Its Mayor ByQ Its Clerk/Admin TOWN OF ST JOSEPH By ()# j J>n- /?1 ~ ~ rJ..-.../ It~~d Chair . j( By a~/p~ Its 'town Cle~~ 5!ZJ!9~ Page 10