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90-309 I 0 R�G I NA L Council File # cJ0�D 4 Green Sheet ,� 16 0 7 RESOLUTION � ITY OF SAINT UL, MINNESOTA � 1 - tI � � �� Presented By � Referred To Committee: Date WHEREAS, the epartment of Fire and Safety Services has the trained personnel and equipment for handling hazardous materials emergencies and ; WHEREAS, manyllocal communities have a need for such sevices, and WHEREAS, the �Department wishes to provide such services on a contract basis i NOW THEREFORI BE IT RESOLVED, that the proper city officials are hereby autho ized and directed to execute agreements with the St. Paul Board of Wat r Commissioners and the Centennial Fire Districts for the providin of hazardous materials emergency response services by the City' s D partment of Fire and Safety Services, copies of said agreements t be kept on file and record in the Department of Finance and Managemer�t Services. I � a Navs Absent Requested by Department of: mo —� �'' � FIRE D SAFETY SER CES on ��'c a ee e man ane � z son � BY s �-u---.._ 0 Adopted by Counci : D�ate MpR g �ggQ Form A roved by City Attorney Adoption Certifie by Council Secretary By. ` 2- C — y6 By� Approved by Mayor for Submission to Approved by Mayor Date ,;��9� MAR g 199�ouncil � ' i � sy: /^�r�..l �' gy; �'�/�•4{�C� Pt16lISNEO :��r5�� 1 w i990 . � `�-�� DEPARTMENTIOPFlCE/COUNpL DATE INITIATED � �O�� FzxE GREEN SHEET No. INITIAU DATE INITIAUDATE CONTACT PERSON 8 PHONE a pEPARTMEM DIRECTOR �CITY OOUNqL JOHN DU BOIS 223-62 1 Nu�N � �AITORNEV �aTV c�a�c MUST BE�1 COUNqL AOENDA BY(DAT� ROUTMI�i BUDOET DIRECTOR �FIN.8 MOT.SERVICEB DIR. �MAYOR(qi ASSISTMI7) � TOTAL�i OF SI6NATURE PA (CLIP ALL LOCATION8 FOR SIGNATUR� ACTION REGUESTED: To approve the ollawing wntracts to provide hazardous materials emergency response to l. Cen 'al Fire District 2. St Pa Board of W�ter Comnissioners. , RECOMMENDATIONS:Approve W a Re�ect( COUNCIL COMMITT'EE/RESEARCH REPORT OPTIONAL ' �'"' ANALYBT PFIONE ' _PLANNINQ COMMIS810N _CI IL SERVICE COMMISSION _q8 COMMITTEE _ �vq�r _STAFF _ WMMENTB: �G6eG.��' �) ��n _DIBTRICT COURT _ ,j� SUPPORTB WHICH OOUNqL OBJECTIVE7 �� if�f�� Y�IP"� � � 4�✓ a `, , -v,,,, . INITIATINO PROBLEM,ISSUE.OPPORTUN (VVho,Whet,When.Wl�ers,VVhy): _. ._ _ The St. Paul F re Depart�nent has the highly trained personnel and equipment necessary to respond to azardous materials �nergencies. The cost of such training and equip- ment is prohib tive for many local government agencies. St. Paul desires to offer these services to other camtunities for a service charge��. ADVANTAOES IF APPROVED: Additional re ues to the city. �� 8 1�90 OFFIGE OF TNE DIRECTOR Q�pARTMENT 0� FINANCE ,�NU MANAGEMENT SERVICES as�uv�wr�aES iF�waove�: None appa.rent. �,. ��G�� F �`d �- � �� ou:�csi tte�e�Ycr� �enter, � �,��t�� F E B 2 � 1990 DISADVANTAOES IF NOT APPROVED: Loss of possiv e revenues. RECEtVED RECEIVED F�62219A0 �2119A0 CtTY CLERK �IIY ��K TOTAL AMOUNT OF TRANSACTION = Ann�al � 1��n�r1�► charggSCOST/REVENUE BUOQETED(qRCLE� YES NO FUNDINQ SOURCE ACTMTY NUMOER SP.�1E'�� FlNANqAL INFORMATION:(EXPWI� Revenue tA be eposited to 510-35110 Fire Service Charges. \ . - ;.., ,. . ,. ` :_ . , CITY OF SAINT PAU_L, MINNESOTA. ! � Si� '� � / r�� . . . . �� . , .. , _ `. BOARD OF WATERsCOMMISSlO � '� '��"- �� .MOGREN� R06f�'GbSWITZ��r _ • � , BERPdiE R' 'T _J.�_ i e M�� ;rl — Supt.oi V� 1�� .� -r�t�n �_ �a � tt'�'.�? �EB�R� �H� � ..� VER i� �r� � +��!��-� � - - � ] �� .i "t 'ROGER - � �..,�,� r��..�Y�2H' � �. r r -•i- - _ _ ' � �� ,� KIKI SO •Y-- - " _ � - � ""__- ��_� :. � ~- '�-=..�--�;.�—�'- - ` �=-``"�� ;: `r" -; ' !1 � ��-;� - =_�� -. _ � -.-. �`-r ' — sx,.. .� :_ _`� - s--� � i±?--� ' a PP4731VE�+'�.�-- = -��'`�`E�_��"�, , . RF_AT � PUMPING �:-- p;�` ' �Jc q�-3o9' December 11 , 1989 Mr. John V. DuB is Department of F're and Safety Services 100 East Eleven h Street St. Paul, Minne ota 55101 Re: Contract f�r Hazardous Materials Response Dear Mr. DuBois� ' . Enclosed for yo r review is a copy of a proposed Contract for Hazardous Materials Response betwee the City of Saint Paul and the Board of Water Commissioners. We will be present'ng this Contract to the Board for approval at their December 21 , 1989 meeting. If there are a y revisions to the enclosed document that you believe to be necessary, plea e contact Allen Coulter of our staff at 292-6583. Very truly yours, � ` `' - - •� - �f- �' ;�=�.:�_._.�- ..� �. Verne E. Jacobsen Assistant General Manager VEJ/jml Enclosure t� II 1 R W . �� V }�t/R SE�'J` 4TH FLOOR CITY HALL ANNEX - 5T. PAUL, MINNESOTA 55102 . � ��-3�� CON'PRACT FOR HAZARDOUS MATIItIAI,S RESPONSE THIS AG NT is made and entered into this day of � 19_, by and etween the CITY OF SAINT PAUL, a municipal corporation crganized and Pxisting de� the laHS of the State of Minnesota, hereinafter referred to as "City" and the BOARD OF WATER COMMISSIONERS of the City of Saint Paul, hereinafter re erred to as "Board". WHEREAS, t Board by Resolution No. , agrees to enter into a Contract with the City or the provision of equipment and personnel of City's Fire Department for the containment and securing of hazardous materials, excepting the disposal t ereof., at the Board's McCarron Water TreatmenY Plart and Pumping Station Comple , 19Q0 North Rice Street, Saint Paul, Minnesota 55113. NOW, T FORE, in consideration of the mutual promises and agreements contair.ed h�:e�in the parties hereto agree as follows: 1 . DE�INITIONS --- i�n ess the language or context clearly indicates that a different me ning is intended, the following c�ords, terms and phrases, for pu poses of this con*_ract, shzll have t`�e meanin€s hereinafter su joined to them. FI CHIEF - The Fire Chief of the City of Saint Paul or the Chief' s designee. _ • . ARDOUS MATERIAL - A substance (gas, liquid, or solid) capable of creating harm to people, property and the environment. ARDOUS I�ATERIALS INCIDENT - A fire inv�lving a hazardous material . . or a release or potent�ial release of a hazard�us material. ARDOUS MATERIALS RESPONSE TEAi� - A group of trained response personnel operating under an emergency response plan and appropriate standard operating procedures to control, otherwise minimize or eliminate the hazards to people, property or the environment from a released hazardous material. . �,c qo 3a 9 2. C NTRACT TERM . 2. 1 Term 'The term of this Contract shall be for a period of one year from January 1 , 1990 to and including December 31 , 1990 unless earlier terminated by la� or according to the provisions herein. • 2.2 Option Term � - At the termination of the above Contract term this Contra�ct mav be renewed with consideration as to history and changes that are reflected in the formula upon agreement betWeen the City I� and the Board �or additional terms of one year or roore. 3. CI Y OBLIGATIO?vS 3. General Descrintion of Services ' When requested by the Board, the City' s Fire Deo�r�ment Hazardous �faterials Response Team shail pro�•ide sufficient equipment and personnel to managP and contain a Hazardous Materials Incident subject to terms ar.d conditions stated herein. � 3. Premises The premises or geographic area covered by this agreement is the McCarron Water Treatment Plant and Pumping Station Comple�, 1900 North Rice Street, Saint Paul, Minnesota 55113. 3. Eauinment Response by the Saint Paul Hazardous Materials Response Team shall, at minimum include: one (1 ) hazardous materials response van, one rescue squad, one District Fire Chief and one - - 2 - . . ��-9��° 9 additional team member. The team shall total seven people, providing sufficient equipment and personnel trained in the containment and seeuring of hazardous materials, as deemed necessary by the Fire Chief. _ 3. Authoritv to Disnatch - ' . The parties hereto acknowledge that the City, through its Fire Chief, must first be responsible for the proper and adequate protectior. of �he City. The Fire Chief retains sole authority to withhold or to withdraw some or all personnel or equipment ' in case of an emergency within the City of Saint Paul which reqaires a Hazardous Materials Response 'Peam. Should such an � occasion arise, the Fire Chief will dispatch to or leave in � service at the premises described in Section 3. 2 as much _ personnel and equipment as can be spareti from the City emergenc`•. The determination of the Fire Chief as to what equipment shall be dispatched, withheld or withdrawn shal_ be final and conclusive. 3. 5 Duties The Hazardous Materials Response Team shall be responsible only !, for the containment and securing of hazardous materials •in I response to an incident. 3.6 Control of Hazardous Materials Res onse Team The Board acknowledges that the work of the Hazardous Mater�als Response Team is dangerous and that the methodology of containing and securing hazardous materials is an exercise in � ' - 3 - � � �o -.�q judgment. Therefore, City personnel shall have full command oi Hazardous Materials Response Team personnel and equipment in any response to a hazardous materials incident. 4. LICANT'S OBLIGATIONS 4.1 Information Provided Prior to Em�r enc ' The Board shall provide the following intormation to *_he . City upon execution of the Contract: � "i . A copy of the most recent comprehensive emergency plan with resources and area map with on going updates; � 2. Information relating to emergenc�- and non-eu�ergency radio and telephone (frequencies/numbers) capability bet�rEen the Bcard and lhe Ci�,�. 3. Emergency response plans by facility, pre-fire plan, I other information that mar be needed. ', 4. Training level of 3oard' s support personnel, i.e. , first - responders. 4. ReQUest for Service � A1.1 requests by the Boare for services shall be made bv t3�e Board's primary or alternate designee and shall be directed to the Saint Paul Fire Communications Division. At the time of request the Board shall provide the follos�ing information, as available: 1 . A description of the incident including what �happened, the time, the type of materials involved, the geo- graphic area affected and any other detail which may � be helpful. 2. A description of the most favorable� travel route to the site of the incident to mininize response time. 4. Incident ManaRement The Board shall provide, at its oWn expense, for overall i incident management, cro�:d control, evacuation of the site, " - 4 - . I�, � qo -30 9 . � , site security, fire fighting, heavy equipment and diking • material as needed by the incident. 5. PA NT �. Annual Fee The Board shall pa,� �?ithin thirty (30) days of execution of ; this contract the sum of 5500.00 which shall be paid irrespective of whether the services of the City are required during the term of this Contract. 5. Hourlv Rates In addition, the Board shall pay a per hour charge of $350.00 for ��r�tractEd equipment and peisonn�l as _i�ted in Se�;tion 3.3 (Equipment} , any add�tional equipment aad personnel needed � i shall be charged at the per hour rate o: $350.U0 per unit. All � equipment and perso;;nel requested by ap�licant for assistance shall be measured from the ti�e of lea�•ing the fire station ' until the *ime of return to tne fire station. 6. LI ILITY 6. Release of Claims The Board hereby releases the City, its officers, agents and � employees from all claims for damage or loss resulting from the failure to furnish or delay in furnishing personnel or equipmer.t or from failure to prevent, control, or extinguish any fire, chemical release, or conflagration including any claims arising from the inability of the City to contain or - secure hazardous materials, Whether resulting from the negligence of the City, its officers, agents or employees. - 5 - : � C,'F-yo 3�� 6.2 Indemnification � ' � . a. The Board shall indemnify, hold harmless and defend the � City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or . Vctions, including attorneys fees which the City, its � � officers or employees may hereafter sustain, incur or be • required to pay, arising out of or by reason of'any act or omission of City, its agents, servants or employees, .in the execution, performance, or failure to adequately perform City's obligations pursuant to this Contract. This pledge of indemnif�cation does not include workers cumpensation claims fur City personnel. b. As consideration for indemnification the City grants to the Bcard complete control over the defense or handling of any claims or litigation. The City will cooperate with and facilitate the request of the Board's attorneys regarding any claims crhich may arise directly or indirectly from a response to a hazardous materials incident pursuant to this Contract. 6.3 Limit on Liabilitv This Contract is a joint exercise of powers as defined under Minnesota Statute S. 471 .59 and thus the Board's liability is limited by the provisions of the Municipal Tort C�.aims Act, Minnesota Statute Chapter.466 or other applicable laK to $200,000 per person or $600,000 per occurrence. 7. T NATION . T is contract may be terminated by either. party upon thirty (30) � . •d s written notice. If the contract is cancelled by the City prior _ 6 _ . ��o �3°9 to the end of the year for which the annual fee is paid, the Board • sh 11 be reimbursed a pro rata share of the annual fee for the � un xpired term 1/12 for .each full month and 1/30 of the monthly am unt for each day of a partial month. If the Board terminates this Co tract p�ior to the end of the term for which the annual fee is � pa d, the Board shall be reimbursed one half (1/2) of the pro rata sh re determined as stated above. Th first year availability of this service is a pilot program and fu ure fees for service will be modified by the 1989 service ex erience of the City. There shall be a minimum annual contract fee cf ,$500.00. . 8. SiJ�CONTRACTING Pa�tties shall not enter into any subcontract for the performance of I th services contempiated under this Contract nor assign any in erest in the Contract without orior written consent of all pa ties and subject to such conditions and provisions as are deemed ne essary. The subcontracting or assigning party shall be :e ponsible for the performance of its subcontractors or assignees un ess otherwise agreed. 9. A AORIZED REPRFSENTATIVE 9. Authorized Revresentative The following named persons are designated as the authorized representatives of parties for purposes of this Contract. These persons have authority to bind the party they represent and to . consent to modifications and subcontracts, except that the i Board's authorized representative shall have only the authority specifically or generally granted by the Board. Notification - 7 - : . . � � � yo-3ot required to be provided .pursuant to this Contract shall be , . �i provided to the following named persons and addresses unless �otherWise stated in this Contract or in a roodification of tais Contract. To City: To Board: ' ' John P. Colonna Thomas D. Mogren • Acting Fire Chief General Manager-Water Utility � 100 East Eleventh Street 25 West Fourth Street,Room 400 St. Paul, MN 55101 St. Paul, MN 55102 222-047i 298-4100 9.2 Liaison � To assist the parties in the day-to-day performance of this Co:itra�t and to c:evelup servi;,e, ensure c.omplianc�: and provide ongoir,g consultation, a liaison shall be designated by *he �it�- and the Board. The parties shall keeo each other continuallc inf ormed, � in writing, of any change in the designa�ed liaison. ' At the time of execution of this Contract the following persons are the designated liaisons: City Liaison: John V. DuBois . �hone Number: 228-6211 Board Liaison: Roger A. Mohro: I Phone Number: 489-1051 ' 1�. MO�IFICATIONS An alterations, variations, modification� or Waivers of the pr visions of this Contract shall only be valid when they have been re uced to writing and signed by authorized representatives of the Bo rd and City. . � - 8 - , , ,�. , . . . , � . FINAL AGREEM This Contract 's the final expression of the agreement of the parties and the complete and e clusive statement of the terms agreed upon and shall supercede all prior nego iations, understandings or agreements. There are no � representation , warranties or stipulations, either oral or written, not herein ' contained. - IN WITNE S WHEREOF, the parties have executed this Contract on� the dates indicated belo�: . I APPROVED: BOARD OF WATER COI�A�IISSIONERS , � �y� z� Thomas I3. Mogr n, G ral Manager Presiden ,/� � �L�- � � Secretary z z 90 Director, Depar ment of Finance and �V� Management Se ices �_yy.�o APPROVED �fq TO �'ORM: C Y OF SAINT PA � � �, �t City Attorney °" F'r Chief (Acting) � �� . Mayor Direc�or, Depar ent of Finance and i Management Ser ices Date � - 9 - � CIT� OF ST. PAUL ' 10E OF ?HE BOARD OF W ATER COMMISSIONERS I OFF I aESO�u1�ON—GENERAI. FOQM No PRESENTEg �'� gachrt�ch DATF nartwmhar ?L� 1ARQ GOMM1551 N WHEREAS, The oard of Water Commissioners' McCarron Water Treatment Plant and Pumping tation, 1900 Rice Street, Maplewood, Minnesota, 55113, contains equi eni, chemicals and staff required �o produce a po�:able water supply for i habitan�i:s of the City of Saint Paul and surrounding conmuni�ies wi h whom the Board has contracted to provide such service; and WHEREAS, Under cer�ain circumstances, a fire involving haaardous material or a reiease o poi:ential release of hazardous ma�cerial may �eopardize the safety of Boar employees, area residents, property and the environment; and WHEREAS, The Ci y of Saint Paul Departmen� of Fire and Safety Services has organiaed a Haza dous Materials Response Team, trained to control . minimize or elirninate eff cts of a hazardous rnaterials incident; and WHEREAS, the De artmenl: of Fire and Safety Services has offered to enter into a contract with the Board to provide hazardous materials response services at the McCarron Water Treatment Plant and Pumping Station at an annual fee of $50 .00; and WHEREAS, The atta hed con�ract for Hazardous Materia1s Response between the C i ty of Sai nt Pa �I and t he Board provi des for terms and condi ti ons under which such servi es shall be provided and 1:he General Manager, Thomas 0. Mogren, recanmend approval of said contract; now, �therefore, be it RESOLVED, That t e at�ached contraci for Hazardous Materials Response be�ween the City f Saini: Paui and the Board is hereby approved and �;hat the proper offic rs of the Board of Water Commissioners are hereby auehorized to exec te said Contract on behalf of the Board. � � i � Water Commissioners �� Adopted by the Board of Water Commissioners Yeas I�ays �imond , Vice Pre�ident Bachrach 'I ne��.,t,n,- �L 19.31 President Goswitz ...---� , ;.- I �' C-. � -`� / In favor 3 — OPposed� 0 ��--�_ ��c"��-�-�_�___---_ , /, SECY. I ' �I �90-309 �� ONTRACT FOR HAZARDOUS MATERIALS RESPONSE THIS AGREEM NT is made and entered into this day of , 19_, by and between the City of Saint P�ul, a , municipal c rporation organized and exasting under the laws di the State of M nnesota, hereinafter referred to as "City" , and CENTENNIAL IRE DISTRICT, party of the second part, hereir�after referred to as "Applicant" . - WHEREAS, th City Council by Resolution # , authorized the City to ent r into a Contract with the Applicant, for the pro�ision of equipme t and personnel of City' s Fire Department for the containment and securing of Hazardous Materials in the Cour,ty of ANOKA, Mun cipalities of LINO LAKES , CENTERVILLE AND CIRCLE PINES, excepting the disposal therecf. NOW, THERE�ORE, in consideration of the mutual promises and agreements ontained herein the parties agree as follows: 1. DEFINIIIONS Unless the anguage or context clearly indicates that a dif=�rent meaning is 'ntended, the following worci�; terms and � phrase=_, for purposes o this contract shall have the meanings herei:-:after subjoined t them. Fire Chief t The Fire Chief of the City of St. Paul or the C=:ief ' s designee. ! Iiazardous M terial - A substance (gas, liquid, or solid) c��able of creating harm to people, property, and the environment. Hazardous aterials Incident - A fire involving a haz�=dous material or a release or potential release of a hazardous mate=ial . Hazardous M terials Response Team - A group of trained re=�onse personnel perating under an emergency response plar and appropriate standard operating procedures to control or othe=wise minimize o eliminate the hazards to people, property, o= the environment from a released hazardous material . 2 . COP;TRA T TERM 2 . 1 Term The term of this Contract shall be for a period of one year from Dece�x 1 989 to and including Novembex 30, 1990 ua�less earlier te inated by law or according to the provisions herein. Page 2 � yo3� � , 2 .2 O tion Term At the term'nation of the above Contract term this Contract may be renewed wit consideration as to history and changes that are reflected i the formula of fee determination. Upon agreement aith the Applica t or Municipality for additional terms of one year or more. • 3 . CITY O LIGATIONS 3 . 1 Genera Descri tion of Services The City, t rough its Fire Department Hazardous Materials Response Team, will provide at the request of Applicant equipment and personnel f r the management of a Hazardous Materials Incident subject to he terms and conditions herein stated. 3 .2 Area The geograp ic area covered by this agreement are that part of the County of OKA, that include the Cities or Municipaiities of �INO LAKES CIRC E PINES AND CENTERVILLE. 3 . 3 E i m nt Response by the St. Paul Hazardous Materials Response Team shall, at minimum nclude: one (1) hazardous materials response van, one (1) rescue quad, one (1) District Fire Chief and one more team member; to al of seven people and sufficient equipment and personnel ho are trained in the containment and securinc of Hazardous M terials that are deemed necessary by the Fire Chief. 3 . 4 Author t to Dis atch Parties ack owledge that the City, through its Fire Chief, -ust first be re ponsible for the proper and adequate protection of the City. The Fire Chief retains sole authority to withhold or to withdr�w so e or all personnel or equipment in case of an emergency within the ity of Saint Paul which requires a Hazardous Mater?als Response Te m. Should such an occasion arise, the Fire Chief :;ill dispatch to or leave in service in APPLICANT AREA as nuch personnel a d equipment as can be spared from the City emergency. The determi ation of the �'ire Chief as to what equipment shall be _ dispatched, withheld or withdrawn shall be final and conclus �ve. 3. 5 Duties The Hazardo s Materials Response Team shall be responsible oniy for the con ainment and securing of Hazardous Materials in response to an incid nt. Page 3 � �o �o� � . 3 . 6 Contro� of Hazardous Materials Response Team � The Applica �t acknowledges that the work of the Hazardous Materials Response Te m is dangerous and that the methodology of containing and securin Hazardous Materials is an exercise of judgment. Therefore, he City personnel will have command of the Hazardous i�Iaterials R spons� Team personnel and equipment in any response t:� a Hazardous Materials Incident. 4 . APPLIC NT'S OBLIGATIONS 4 . 1 Inform�tion Provided Prior to Emergency The Applica t will provide the following information upon execution of the Cont�act: 1. alcopy of the most recent comprehensive emergency plan w�th resources and area map with on-going updates; 2 . i formation relating to emergency and non-emergency radio a d telephone (frequencies/numbers) capability between t e Applicant and Saint Paul . 3 . e ergency response plans by facility, pre fire plan, o her information that may :be needed. 4 . t aini�g level of your support personnel, ie, first r sponders, availability of BLS or ALS units. 4 . 2 Re es for Service All request by Applicant for services shall be made by CENTENNIAL FIRE DISTRI T designee and shall be directed to the St. Paul Fire Communicati ns Division. At the time of request Applicant will provide the following information, as available. 1. a descripticn of the incident including, the time, the t pe of materials involved, the geographic area affected a d any other detail which may be helpful; 2 . a ;description of the most favorable response route to m'nimize response time. 4 . 3 Incide t Mana ement The Applica t will provide, at its own expense, for the overall incident ma agement and shall provide for crowd control and the evacuation of the site, site security, firefighting, heavy equipment a d diking material as needed by the incident. Page 4 . �� ya '�0 9' 5. PAYMEN 5. 1 Annual Fee The Applica t shall pay within thirty (30) days of execution of this contr ct the sum of $ 1, 677.77 which shall be paid irrespectiv . of whether during the contract period the servic��s of the City ar required. 5.2 Hourl Rates In addition the Applicant shall pay a per-hour charge of 350. 00 for contrac ed equipment and personnel as listed in Section 3 . 3 (Equipment) any additional equipment and personnel needed shall be charged at the per hour rate of 350. 00 per Fire unit. Al1 equipment a d personnel requested by Applicant for assistance shall be measured from the time of leaving the fire station until the time of ret rn to the fire station. 6. LIABIL TY 6. 1 Releas � of Claims Applicant r leases the City, its officers, agents and employees from all cl ims for damage or loss resulting from the failure to furnish or de�lay in furnishing personnel or equipment or ,:rom failure to prevent, control, or extinguish any fire, chemical release, or conflagration including any of claims arising from the inability o the City to contain or secure the Hazardous Materials, whether res lting from the negligence of the City, its officers, agents or e ployees or otherwise. 6. 2 Indemn fication a) Applic nt or municipality shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action , including attorneys fees which the City, its officers or emp oyees may hereafter sustain, incur or be required to pay, a�ising out of or by reason of any act or omission of City, �its agents, servants or employees, in the execution, perfo �ance, or failure to adequately perform City' s obliga ions pursuant to this Contract. This pledge of indemn fication does not include workers comFensation claims for Ci y personnel. b) As con ideration for indemnification the City grants to the Applic nt and or Municipality complete control over the , defens or handling of any claims or litigation. The City will ooperate with and facilitate the request of the Applic nt's attorneys regarding any claims which may arise Page 5 � 90�3� 9 direct y or indirectly from a response to a Hazardous Materi ls Incident pursuant to this contract. 6. 3 Limit n Liabilit This cont��a t is a joint exercise of powers as defined und�:.r Minn. Stat. S. 4 1.59 and thus the Applicant's liability is limited by the provisi ns of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or othe applicable law to $200, 000 per person or $600, 000 per occurrence. 7. TERMIN TION This contra t may be terminated by either party upon thirty (30) days writte notice. If the contract is cancelled by the City prior to th end of the year for which the annual fee is paid, the Applicant s all be reimbursed a pro-rata share of the annual fee for the une pired term--1/12 for each full month and 1/30 of the monthly amo nt for each day of a partial month. If the Applicant terminates his Contract prior to the end of the term for which the annual fee ' s paid Applicant shall be reimbursed one-half (1/2) of the pro-rat share determined as stated above. The fi�st y ar availabilit� of this service i� a pilot �regram and future fee� for service will be modified by the 1989 service experience f the City. There shall be minimum annual contract fee of $500 00 for certain jurisdiction. 8 . SUBCON RACTING Parties sha 1 not enter into any subcontract for the performance of the serv'ces contemplated under this Contract nor assign any interest in the Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignees unless othe wise agreed. .9. AUTHOR ZED REPRESENTATIVE 9 . 1 Author zed Re resentative : The follow ng named persons are designatec�. the authorized representat ves of parties for purposes of this contract. These persons hav authority to bind the party they represent and to consent to odifications and subcontracts, except that, as to the Applicant, the authorized representative shall have only the �uthority s ecifically or generally granted by the County Page 6 ' �9o�3a7 Board/City ouncil. Notification required to be provided pursuant to this Con ract shall be provided to the following named persons and address s unless otherwise stated in this Contract, or in a modificatio of this Contract. To City: To Applicant or i Municipality: , John Colonn� Name: Fire Chief 100 East El�venth Street Address: Saint Paul, ' Mn 55101 � 222-0477 Telephone Number: 9 . 2 Liaiso To assist he parties in the day-to-day performance of this Contract an to develop service, ensure compliance and provide ongoing con ultation, a liaison shall be designated by City and the Applica t. The parties shall keep each other continually , informed, i writir�, of any chanare in the .de�iqnated liaison. . At � .the time of execution of this Contract the fol��wing persons are the designa ed liaisons: City Liaiso : John V. DuBois, Assistant Chief Phone numbe : (612) 228-6211 Fax number (612) 228-6255 County and/ r Municipality Liaison: �'chie Gay, District Chief Phone numbe : ( 612 ) 784-7472 FAX number ( ) 10. MODIFI ATIONS Any altera ions, variations, modifications, or waivers of the provisions f this Contract shall only be valid when they have been reduced to rii:ing, signed by authorized representatives of the Applicant a d City. 11. MERGER Page 7 . � � g° '�°1 Final A ree ent. This Contract is the final expression of the agreement o the parties and the complete and exclusive statement of the te s agreed upon, and shall supercede all prior negotiation , understandings or agreements. There are no representat'ons, warranties, or stipulations, either oral or written, no herein contained. IN WITNESS EREOF, the parties have executed this Contract on the dates indic ted below: APPLICANT P TY BY d%l/ gy � �,.� ITS �/l�' �r�/.ssias.o� C,�h4�/l� BY CI Y OF SAI P L FIRE CHIEF �� "�� MAYOR �3 �--DIRECTOR, FINANCE AND I MANAGEMENT SERVICES AP ED AS O RM• �"""t CITY ATTORNEY, Date Z-�� L,- !G Approved as ��to execution: County and/o Municipality Attorney/Date �I - Approved by County Board and or Municipality Resolution N . County and/o� Municipality Attorney/Date II ; I