CITY COUNCIL AGENDA REPORT. Honorable Mayor and City Council Members. ACTION REQUESTED: Approve the fire service agreement with Wacouta Township.

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1 City of RE CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council Members FROM: Administration - Finance Agenda Item No.: 8. M. Motion to approve fire services agreement with Wacouta Township. Meeting Date: January 23, 2017 ACTION REQUESTED: Approve the fire service agreement with Wacouta Township. ATTACHMENTS: Fire Service Agreement with Wacouta Township BACKGROUND: The City of Red Wing and Wacouta Township have shared a series of fire service agreements since The fire service agreements assist in ensuring that both communities' residents and businesses are afforded quality fire services on a reasonable fair -share cost basis. The previous contract expired on December 31, The proposed new agreement has a 3 year term from January 1, 2017 through December 31, 2019 and mirrors the previous agreement in all material regards. DISCUSSION: The negotiated agreement continues our collaboration and long- standing relationship with Wacouta Township. The agreement also meets the common need and shared interest of both parties in ensuring the availability of critical public safety to our communities 24/ days a year and at an affordable rate. ONGOING OPERATING & MAINTENANCE COSTS: NA FUNDING SOURCE( S): NA ALTERNATIVES: Authorize or Deny Requested Action. RECOMMENDATION: Authorize the requested action and approve the fire service agreement with Wacouta Township.

2 AGREEMENT Agreement made and entered into between the City of Red Wing, Minnesota, a municipal corporation (hereinafter " City") and Wacouta Township, Minnesota (hereinafter " Township"). WHEREAS, the City desires to provide and the Township desires to receive fire protection. THE PARTIES TO THIS AGREEMENT, IN CONSIDERATION OF THE MUTUAL COVENANTS AND STIPULATIONS SET OUT, AGREE AS FOLLOWS: The recitals are hereby incorporated into and made a part of this Agreement. 2. Term. The effective date of this Agreement shall be January 1, 2017 and shall continue in full force and effect until December 31, 2019 unless terminated earlier as set forth in this Agreement. 3. Services. The City agrees that when called to property located in the Township, it will make a reasonable effort to provide fire protections to the Township as if it were in the City provided, however: That road and weather conditions are such that the fire run can be made with reasonable safety to firefighters and equipment, and the decision of the Fire Chief or other fire department officer in charge shall be final and binding upon the parties. b. That in the event that all fire equipment and all members of the fire department of the City are in use in the City at the time the call from within the Township comes in, or in the discretion of the Fire Chief or other fire department officer in charge, the fire equipment and members of the fire department may be needed in the City, the City shall ask a neighboring fire department to respond with mutual aid and shall not be required to respond to the call and shall be released from any and all liability therefrom. The decision and discretion of the Fire Chief or other fire department officer shall be final and binding upon the parties. That in the event any equipment and members of the fire department responding to a call from within the Township are needed to fight fire or for any other purpose, in the City, the equipment and members may be recalled to the City before completing the firefighting within the Township and shall be held free from any and all liability therefrom. In the event that equipment and/ or members of the fire department are recalled by the City, the Fire Chief or designated fire department employee will call for mutual aid from a neighboring fire department to continue any firefighting efforts in the Township. The decision and discretion of the Fire Chief or other fire department officer shall be final and binding upon the parties.

3 d. That in the event of two fire calls, the first shall have priority. That in the discretion of the Fire Chief or other fire department officer in charge, additional equipment or manpower is required to properly control or fight a fire, to secure the structure or area, or for any other unusual circumstance, the parties agree that the reasonable cost of such additional assistance as is deemed necessary shall be billed to the property or building owner. Additional assistance includes resources that are not owned or managed by the Red Wing department ( i.e. private contractors, Hazardous Materials clean- up contractors, law enforcement). In the event the property or building owner fails to make payment to the City within 30 days of the billing, the Township agrees to make payment for the full amount to the City within thirty days thereafter. The decision and discretion of the Fire Chief or other fire department officer shall be final and binding upon the parties. 4. Fees. In consideration for the fire protection services provided by the City, the Township shall pay the City annually. Payment shall be made in two ( 2) equal installments no later than August 31 and December 31 of the calendar year in which the services are rendered. Late payment charges shall apply at a rate of 1 1/ 2 percent per month or part of month. For the first year of this Agreement, payment shall be the amount of $42, After the completion of the first year of this Agreement, the payment for each successive year shall be adjusted annually by the Midwest CPI index. 5. Termination. Either party may terminate this Agreement by providing written notice no later than October 1 of the current year. The termination shall be effective the first of January of the following year. Nevertheless, in the event the Township fails to make payment to the City as required in this Agreement, the City may terminate this Agreement upon seven ( 7) days written notice and shall have no further obligation to provide any services. The Township shall pay for all services provided through the effective termination date on a pro -rata basis. Notice shall be given to each party in writing and must be given personally, or forwarded by certified mail addressed to the following: City of Red Wing Kay Kuhlmann Council Administrator 315 West Fourth St. Red Wing, MN Wacouta Township Ms. Laura Lutjen Wacouta Township Clerk/Treasurer Lakeview Avenue Red Wing, MN Notice shall be deemed to have been given at the time it is deposited in the United States mail or personally served.

4 6. Assignment. The parties shall not assign or transfer their rights or duties under this Agreement without the express written consent of the existing parties. 7. Law Governing. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota. 8. Waiver. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided therein or by law. WACOUTA TOWNSHIP Dated: By: Its: Supervisor By: Its: Supervisor STATE OF MINNESOTA ) COUNTY OF GOODHUE ) ss. by The foregoing was acknowledged before me this day of ) 2017, and, the and respectively, of Wacouta Township, on behalf of the Township. NOTARY PUBLIC

5 CITY OF RED WING Dated: By: Sean Dowse Its: Mayor By: Kathy Seymour Johnson Its: City Clerk By: Kay Kuhlmann Its: Council Administrator STATE OF MINNESOTA ) ss. COUNTY OF GOODHUE ) This Agreement was acknowledged before me this day of by Sean Dowse, Kathy Johnson, and Kay Kuhlmann, the Mayor, City Clerk and Council Administrator respectively of the City of Red Wing, a Minnesota municipal corporation, on behalf of the corporation. NOTARY PUBLIC