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89-218 WHITE - CITV �LERK II PINK - FINANCE � G I TY OF SA I NT PAU L Council _�� CANARV - DEPARTMENT BLUE - MAVOR File NO. Cou cil Resolution - I(� Presented B � Referred To � Committee: Date °2 ��/ Out of Committee By Date RESOLVED, that the proper City officials are hereby author- ized and di ected to execute a hazardous materials response agreement wit the Centennial Fire Protection District as provided by Saint Paul ' s Department of Fire and Safety Services ; a copy of said agree ent to be kept on file and of record in the Depart- ment of Finance and Management Services. COUNCIL MEMBERS Requested by Department of: Yeas Nays � Dimond F i re �� In Favor coswitz Rettman Scheibel � A ga i n s t BY Sonnen Wilson �r N 2 9 � Form rove y City Atto y Adopted by Council: Dat Certified Pas e ounc.il tar BY �" �%�� C � `_ Bp � � 3� �$y� Approved by Mayor r S missiori`�o Council Approv INavor: Date — , �,''---�-- By p�l� J U L ' 8198 � . ��i=ard� .I�,° 012 512 � �FIRE DEPARTMENT . - - - - - - N G CONTACT NAME . , ' - PHONE � - - DATE . ASSIGN 4 NG 0 (See raverse side.) �, Departmant Direct r . Mayor (or Assistaat)� � ZZ� � Finaaae aad Manag ment Services Director � City Clerk 1� _ Budget Director � Dut�side Ar,P�,�,c�_ �City Attorney � Financ A _aa �n _i r►q � Fire Department 0 G 4 (Clip all locatioas for signature.) i�1 V ? (Purpose/Rationale) The Saint P�al Fi e Department will provide hazardous materials response to the Centennial Fire Protection District for an annual fee plus an hourly cha�ge. RECEIVEC _ JAN 27 1989 . UDG ND : �u►YOas o�rcE The Saint, Paul Fi .�Department will receive an annual fee o€ $1,677.77 pl�� an hourly ch ge of $350 per hour. T C G (Mayar's aiguature not r f under $10,040.) Total Amounti of Tran �ction: $l,677.?7 Activity Number: 35110 Fundis�g Source: ATTACHMENTS: (List an number all attachments.) �. contra�t Council Research Center � JAN 3 7 i�89 �DMINISTRATIVE C DU ES _Yes No Rule , Regulations, Procedures, or Budget Amendment required? ' _Yes �No If y s, are they or timetable attached? D PAR ENT REVIEW CITY ATTORNEY REVIEW es '!B No Counci resolution required? . Resolution required? '!Yss No Yes _No Insura e required? Iasurance sufficiant? _Yes _No�� Yes No Insura e attached? Ji�qnYS.t4er X� ".'�.- .G..v:: .,z.. :." ' I " .:� . ...,...... . . . . . . . .. . .. . . . .. � - . . �" .. ,_..__"_' '�_ _.�L . .:_._ �.. .. ...... . .. . � . .�'...: .. ..- . .- ..""'_�._.��_" __ ' I "" ^ ��i II 'V_ �! —� _ � Members: Janice Rettman, chair {!� �� GITY OF SAINT PA�UL gilf Wilson ,1 iiii`��<.ii � �� OFFICE OF TFIE CITY COIINCIL Bob Long ��_al� ..... . ate: June 22, 1989 JANICE RETTMAN �o��;��on Committee Report To: Saint P � ul City Council � From : Community and Human Services Committee Jan�ce Rettman, Chair , A meeting of the Cp�unity and Human Services Committee was held on Wednesday, June 21, 1989. � 1. Approval of Mi�iutes of June 7, 1989 meeting. Minutes approv�d on 3-0 vote. 2. Cit Council A enda 1/5/89, Item No. 4: First Readin - 89-12 - An ordinance amendin the L islative Code b addin a new cha ter licensin ersonal ro ert locke facilities. (For referral to the Communit and Human Services Committee.) ( aid over to March l, 1989 for further review with Licensin , Health, Cit A torne , and other a ro riate staff.) (Laid over to A ril 5, 1989 at Bob Lo 's re uest. Jerr Se al's re ort due March 3, 1989.) (Laid over indefinit 1 at Bob Lon 's re uest. Jerr Se al's re ort due March 3, 1989.) (Laid ver to June 21, 1989.) Laid over to J ly 5, 1989. . _ 3. Cit Council A enda 2/9/89, Item No. 12: Resolution - 89-218 - Authorizin ro er Cit Of icials to execute a hazardous materials res onse a reement with the Cente nial Fire PrQtection District. (For Action.) (Laid ovQr to March 15, 1989 at Gar Oldin 's re uest.) (Laid over to A ril 5, 1989; Terr Sullivan to submit le al o inion.) (Laid over to A ril 19, 1989.) (Laid over to ar 17, 1989. Cit Attorne 's Office and Local 21 to discuss outstandin is ues.) (Laid over to June 21, 1989.) Recommended fo approval on 3-0 vote. 4. Cit Council A enda 3/14/89, Item No. 5: First Readin - 89-426 - An ordinance re ealin Sect'on 409.24(3) of the Le islative Code ertainin to the three- ear term of ambli mana ers. (For referral to the Communit and Human Services Committee.) Recommended fo approval on 3-0 vote. 5. User Fee olic discussion for Division of Parks and Recreation re ardin Needs Assessme t Grou Re ort. . Discussion hel . Resolution to be drafted. CITY HALL I�OOM NO. 704 SAINT PAUL, MINNESOTA 55102 612/298-5289 , i s..�se � � - , ��—�� .s/ .. �� I FIRE SERVICE CONTRACT 'I I �� I THIS AG�tEEMENT, made and entered into this �st day of �ril, 1989 , by and between the City " of Saint Paul, a municipal corporation organized and existing under the laws of the State of Minnesota, hereina�ter referred to as "City" , and Centennial _. . �'ire •�Protec.tion District � of the , second �art, hereinafter referred to as "Applicant" . �I � 1. WI�NESSETH, That for and in consideration of the �I covenan s and agreements herein contained, said City and Applica�ht agree that the City will furnish upon the terms and con�itions hereinafter set forth, the equipment and personnll of its Fire Department for the containment and securin of Hazardous Materials excepting the disposal thereof -1- �f� . ��-d . 2 . Any calls for the use of such equipment and personnel shall be directed to the Fire Department of the City of Saint Paul. Upon receipt of such calls, said Fire Department shall dispatch such equipment and personnel as in the opinion of the Fire Chief or his designee may deem to be adequate. 3 . The City reserves the right to retain in City of Saint Paul such equipment and personnel as, in the opinion of the Fire Chief or his designee, may be necessary for the proper and adequate protection of the City, and shall dispatch for the protection of the property above described only such equipment and personnel as in his opinion can, for the time being, be safely spared from the City -2- . ��y-�� In case �n emergency arises within the City of Saint Paul . while th� equipment and personnel of the City Fire Department are engaged in containing and securing Hazardous Material� for the Applicant, said Fire Chief may recall to the City'�, of Saint Paul from the service of Applicant, such equipmen� and personnel as he may consider in his opinion necessar�i to meet said emergency. The determination of the Fire Chi�f or designee as to what equipment shall be i furnishe and whether equipment shall be withheld or withdraw , as provided herein, shall be final and conclusi�e. I -3- �-�y��i� 4 . Applicant releases the City, its officers, agents and employees from all claims for damage or loss resulting from failure to furnish or delay in furnishing men or apparatus, or from failure to prevent, control, or extinguish any fire, chemical release, or conflagration whether resulting from the negligence of the City, its officers, agents or employees or otiierwise. The Applicant acknowledging the vital service of the the city hereby agrees to indemnify and save harmless, the city of Saint Paul from any and all claims of whatever kind or nature, including those claims of personal injury, death or property damage, as such may arise in whatever form or fashion of flowing directly or indirectly from the performance of the tasks hereunder. -4- �� ' - . � � This ple�ge of indemnification by the Applicant includes an of slaid claims as the should arise from the inabilit Y , Y Y � of the C�.ty to contain or secure the hazardous materials. This ple�ge of indemnification does not include workers compensation claims. I ' 5. Applicant agrees to pay to the City for the service . �' provided for herein, the annual contract charges and hourly '� rates fo� labor and use of equipment as set forth hereafte . A licant a rees to � pp g pay annually, said annual contract charges and agrees to pay in addition thereto, within tY�irty days after recei t of bill therefore P , followingj each particular call, such amounts as may become due for l�abor and use of equipment. li � -5- i . . _ I i � �y'-�id� In case of failure to make such payment within thirty days, the City may, at its option, immediately terminate this contract. In case of enactment of an ordinance changing said annual charges or said schedule of charges for labor, and use of equipment, Applicant agrees to make payment in accordance with such changes commencing thirty days after written notice thereof, provided, however, that such changes as to annual charges shall not be effective until the succeeding annual payment under this contract shall be due. The first year availability of this service is a pilot program and future fees for service will be modified by the 1989 service experience of the City. There shall be minimum annual contract fee of $500 for certain jurisdiction. (See schedule of charges attached) -6- . 'I �� i � ; 6. Th� City of 5aint Paul will provide one rescue squad I with its� compliment of personnel, one hazardous materials res onse van and one District Fire Chief S ' P I . aint Paul has the authprity to call additional personnel if necessary. i The Haza�dous Materials Unit is responsible only for the I containment and securing of hazardous materials. I 7 . Tha� the applicant will provide for, at its own expense, for the overall incident management and shall provide or crowd control and the evacuation of the site, emergenc medical service, firefighting, heavy equipment and diki g material as needed by the incident. I -7- � � ! ��q- a�� The applicant will provide the most favorable response routes and update appropriate changes to minimize response time. The applicant will provide a copy of the most recent comprehensive emergency plan with resources and area map with on-going updates. The applicant will provide information relating to emergency and non-emergency radio and telephone (frequencies/numbers) capability between the Applicant and Saint Paul. 8. Saint Paul Personnel will have complete command and control of all resources and personnel called outside Saint Paul at all times. -8- . I� ��-��' ' 'I � 9. Tha�t the applicant acknowledges that the work of the �, Hazardoul Materials Unit is extremely hazardous and that � the requ�sting party cannot address any given situation involving the methodology employed in containing and securinglithe hazardous materials. The methodology employed is an ex�grcise of judgment and the performance of the i Hazardou� Materials Unit is not open to question by the appl icant$. i 10. App icant further agrees to be bound by all the terms and conditions of said ordinance and, upon thirty days' written notice of any amendment thereto, agrees to be bound � by the te�-ms and conditions of such amendment. Said ordinancel� is incorporated in and made a part of this contract �y reference with the same effect as if fully set _ forth her�in. -9- � I I, -- I ��-a��' 11. This contract shall be for a continuous term subject, however, to cancellation by either party upon thirty days' written notice. -10- � �� a . � � � SCHEDULE OF CHARGES I The appl�.cant shall pay annually and in advance, the sum of $_ �� 7��'� which shall be paid irrespective of whether �uring the contract period the services of the city are requ�red. I � The A lilcant shall a a er-hour char e of 350 for �P t Y t � equipmenti and personnel which shall include from the time of leavi the fire station un ' r�g til the time of return to the fire sta ion. The appli ant shall reimburse the city of all expendable supplies �ised to contain and secure said hazardous I � materialsr �I , i . -11- � i i i . j - - i ��9 ai�' DRAFT HAZARDOUS MATERIALS RESPONSE AGREEMENT DEPARTMENT OF FIRE AND SAFETY SERVICES APPLICANT PARTY BY BY a ITS CifA�i2, f�v,�� f� ITS �ti.�s�'st.o,.�.�i�r CITY OF SAINT PAUL FIRE CHIEF � . MAYOR DIRECTOR, FINANCE AND MANAGEMENT SERVICES APP E AS " F . c �` ASSISTANT CITY ATTORNEY